GENERAL TERMS AND CONDITIONS OF WEBSITE USE AND ONLINE PURCHASE AND SALE
This document (hereinafter referred to as the "General Conditions") regulates the general terms and conditions of use of the website www.distribution.voltalia.com (the “Website”) to which you have just accessed, as well as the terms and conditions of purchase and sale of products sold through the online store on the Website.
In some areas you will have different rights under these terms depending on whether you are a business or a consumer. You are a consumer if:
• you are an individual; and
• you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Conditions specific to consumers only are as follows:
• 14.1; and
Condition specific to businesses only are as follows:
• 12.1; and
1. Identification of the website owner:
The owner of the Website (www.distribution.voltalia.com) is Voltalia Portugal S.A., legal person with number 507651120, headquartered in Zona Industrial, Apartado 36, 3684-001 Oliveira de Frades (hereinafter referred to as “VLT Portugal”).
2. Identification of the supplier of the products:
The products sold through the Website will be supplied by Voltalia UK Ltd, legal person with number 07489990, headquartered in One Lyric Square, W6 0NB, London, UK, VAT number GB117698383 (hereinafter referred to as “VLT UK”).
VLT UK’s facility is located at One Lyric Square, W6 0NB, London, UK;
Telephone: +44 20 39 94 10 94;
E-mail address: email@example.com.
3. Use of the Website
3.2. If you do not fully accept any of the established conditions relating to the use of the Website, you should not access or use this Website, nor the services or features associated with it.
3.3. Making any purchase through the online store is conditional on the User’s acceptance of the parts of these General Conditions which relate to the purchase of products through the online store on the Website. Therefore, any User that does not accept such parts of these General Conditions will not be able to make purchases through the Website. A User who makes a purchase through the online store will be referred to as a “Customer” in the applicable parts of these General Conditions.
3.5. The services offered by VLT Portugal on the Website (namely the purchasing of products through the online store) are directed only to persons of legal age with full contractual capacity to enter into such purchases and who, therefore, are able to take responsibility for the commitments resulting from such purchases.
3.6. As referred to above, by using the Website and/or by making purchases through it, the User is deemed to be accepting these General Conditions and is deemed to have accepted them on his or her personal behalf if they are a consumer or on behalf of the entity that they represent if they are a business or are acting on behalf of a business (whichever is applicable).
3.7. When purchasing products through the online store on the Website, the User declares to be over 18 years old, and guarantees that they have full legal capacity and the necessary powers to carry out such purchases.
3.8. When using the Website, the User expressly declares that they will not use the Website and the features and services associated with its use, for any illegal and/or unlawful purposes.
3.9. Both VLT Portugal and VLT UK reserve the right to change and update these General Conditions without prior notice to the User. Therefore, the User must consult the latest version of the General Conditions before each use of the Website and the associated functionality and services.
3.10. Without prejudice to condition 3.9, any changes to these General Conditions, subsequent to the placing of any order in accordance with condition 8.11, will not bind the User/Customer in relation to such order, and the General Conditions in force on the date of the placing of the order remain applicable.
3.11. In the event of a breach of these General Conditions, both VLT Portugal and VLT UK reserve the right to exercise any and all legal rights available to it and to be compensated accordingly. In addition, VLT Portugal reserves the right, acting reasonably, to terminate access to the services offered on the website to the User in question, with or without notification of the same.
3.12. VLT Portugal uses all available means to guarantee security in relation to the use of the Website in accordance with the security measures which are appropriate to similar platforms. However, the User acknowledges that the use of the Website may not be 100% secure and VLT Portugal does not guarantee that the Website will be secure or free from bugs or viruses. Therefore, there is a possibility that the information sent or received through the use of the Website may be intercepted by unauthorised parties. The User is responsible for configuring their own information technology, computer programmes and platform to access the Website. The User should use their own virus protection software.
3.13. VLT Portugal is not responsible for damages resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily impede access, navigation or the provision of the Website services to Users.
3.14. In no case, may VLT Portugal be held responsible for any damages that may arise, even accidentally, from the malfunctioning of the website or damage caused by reproduction, use or mistreatment of the Website or any content.
3.15. If the User is a business or a consumer, VLT Portugal does not exclude or limit in any way its liability to the User where it would be unlawful to do so. This includes liability for death or personal injury caused by VLT Portugal’s negligence or the negligence of VLT Portugal’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability apply to liability arising as a result of the supply of any products to the User, which is set out at conditions 12.1 and 12.2.
3.16. If the User is a business, VLT Portugal excludes all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it. VLT Portugal will not be liable to the User for any loss or damage, whether in contract, tort (including negligence) breach of statutory duty, otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website or use of or reliance on any content displayed on our site. In particular, VLT Portugal will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.
3.17. If the User is a consumer, the User must note that VLT Portugal only provides the Website for domestic and private use. A User who is a consumer agrees not to use the Website for any commercial or business purpose and VLT Portugal will have no liability to a User who is a consumer for any loss of profit, loss of business, business interruption or loss of business opportunity.
4. Data Processing
5. Registration on the website
5.1. The mere access to the website is not subject to registration. However, to take advantage of all the website's features and services, including the purchase of products on the online store, the User must register by creating an account.
5.2. For the purposes of creating an account, the User must fill out a registration form in which they must indicate whether they are an individual consumer (hereinafter referred to as a “Consumer Customer”) or whether they are acting on behalf of an entity (hereinafter preferred to as a “Business Customer”), indicating their full name or entity name (where applicable), e-mail address, account password, and telephone contact.
5.3. The indication of whether the User is a Consumer Customer or a Business Customer will have implications regarding the type of products that are made available for purchase, as well as for the applicable conditions and commercial policies, as set out in these General Conditions.
5.4. The User is responsible for the veracity, completeness and legality of the data provided, either at the time of registration, or for the purpose of making purchases on the online store, as well in relation to any updates of such data. Under these General Conditions, the User will be solely and exclusively responsible for any false or inaccurate statements that they make.
5.5. All of the contents in the User's account, as well as all activity that takes place through the User’s account, are the responsibility of the User, and there is no obligation on the part of VLT Portugal to monitor the contents of the User’s account or (non) fulfilment of any User responsibilities, namely, compliance with obligations to other Users or to national authorities.
5.6. VLT Portugal does not have access to or knowledge of the password defined by the User for the purposes of accessing the User’s account, and the User is responsible for ensuring the confidentiality of the password and ensuring its safekeeping and good use, as well as complying with good practices regarding security of the User’s account (in particular, changing the User’s password regularly and avoiding connections via networks open to the public). As such, VLT Portugal cannot be held responsible for losses arising from the loss or misuse of the User’s password.
6.1. All products sold by VLT UK are illustrated and with an indication of their essential characteristics. VLT UK markets products for Consumer Customers and products for Business Customers. The range of products that will be available for purchase depends on whether the Customer is a Consumer Customer or a Business Customer.
6.2. The content provided on the Website is for general information only, it is not intended to amount to advice on which the User should rely. Users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. VLT Portugal has made every effort to ensure that the information presented on the Website and on the online store is free of typographical errors and is up to date but, wherever errors occur, it will proceed with the necessary correction(s) as soon as reasonably possible. In the same way, both VLT Portugal and VLT UK will use their best efforts to keep the information related to the products presented on the Website and in the online store up to date. Neither VLT Portugal nor VLT UK make any representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
6.3. At any time, VLT Portugal may change, delete or move any information on the Website and in the online store, without the need for prior notice to the User/Customer relating to any products, prices, promotions, offers, commercial conditions and services.
6.4. By making a purchase through the online store on the Website, the Customer, accepts and expressly confirms that:
a) Any images shown on the Website will be merely illustrative, and may not strictly correspond to the real appearance of the products, therefore the Customer must read the information on the essential characteristics of the products that are described on the Website, including all relevant warnings and instructions and/or technical manuals, and, in case of any doubt, the Customer must contact VLT UK through the addresses indicated in condition 2 above.;
b) VLT UK can be consulted regarding detailed information about the products and their characteristics/specifications;
c) All products for sale on the Website are subject to existing stock;
d) VLT UK will not assume responsibility for any discontinued items;
e) The prices of products available on the Website are only valid for transactions carried out through the online store.
6.5. Any product installation and subsequent maintenance must be carried out in strict accordance with the installation and technical manuals provided.
6.6. Prior to the installation of the equipment, the Customer must carefully observe and comply with all safety instructions provided in the installation manual.
6.7. VLT UK is not responsible for any defective, negligent or illegal installation, use and/or maintenance of the product(s) outside of the provisions of the technical and use specifications. The Customer will be solely responsible for any result or consequence arising from their installation, use and/or maintenance of the product(s).
7. Total price of products
7.1. The price of each of the products sold by VLT UK is duly indicated on the Website in GBP including. If the customer is a Consumer Customer, the price shown will be inclusive of any legally applicable VAT payable by a Consumer Customer. If the customer is a Business Customer, the price shown will be exclusive of any legally applicable VAT payable by a Business Customer.
7.2. The price of each of the products sold by VLT UK and indicated on the Website, does not include the costs of transporting the products, by carrier, for delivery to the Customer (such costs may vary depending on the desired delivery method, dimensions of the purchased product and/or the address for delivery).
7.3. The costs of transporting the products will be presented to the Customer either at the time of selecting the method of delivery of the products, or at the moment immediately before the Customer places their order.
7.4. Although VLT Portugal and VLT UK try to ensure that all prices on the Website are correct, errors can occur. If VLT Portugal or VLT UK detect an error in the price of any of the products that the Customer has ordered, VLT UK will inform the Customer as soon as possible and give the Customer the option to resubmit the Order at the correct price or to cancel the Order. If VLT UK is unable to contact the Customer, the Order will be cancelled, and any amounts already paid to VLT UK by the Customer will be refunded to the User in full.
7.5. Prices and specifications are subject to change without notice until the time that the Customer places their Order.
8. Online Purchase Procedure
Selection of products for purchase and payment method
8.1. A Customer may place an order through the online store on the Website or request a quote for certain products by contacting the e-mail address set out in condition 2.
8.2. In order to select the desired products for purchase and for the purpose of completing the online ordering process, the Customer must log in to their account or, if the Customer does not have an account, complete the registration process for an account, pursuant to condition 5. Without logging in or registering, the Customer will only have access to the portfolio of products made available by VLT UK, without indicating the respective prices and without the possibility of purchasing them.
8.3. After logging in or registering, a list of products and respective prices will be displayed for the Customer, and it is then possible for the Customer to insert products into the shopping cart on the online store and to check the list of selected products in the shopping basket, the prices, the amount to be paid, any legally applicable VAT payable and delivery expenses.
8.4. In order to make a purchase on the online store on the Website, and for the purposes of finalising the Order, the following data must be provided by the Customer:
a) Full name and/or entity name (where applicable);
b) Telephone contact and e-mail address;
c) Address for billing purposes and, if applicable, for delivery of products;
8.5. d) VAT number or Tax Identification Number to appear on the invoice (where applicable). The Customer will be able to choose to use the data entered into the billing data field as the delivery address or will be able to insert different data for the delivery address if necessary.
8.6. The Customer must make their payment using their Paypal account.
8.7. The Customer must pay for the products before VLT UK dispatches them. VLT UK will not charge the Customer’s Paypal account until immediately before VLT UK dispatches the products to the Customer. If payment is not made by the Customer when payment is due and the Customer does not make payment within 15 (fifteen) days of VLT UK reminding the Customer that payment is due, VLT UK may cancel the order and end the contract for a product at any time by writing (including email) to the Customer.
8.8. If the Customer is a Business Customer, the Customer must pay all amounts due to VLT UK under these General Conditions in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8.9. Until the Customer’s effective payment in full, ownership of the products is retained by VLT UK. The Customer will own the products once VLT UK has received payment for the products in full.
8.10. The Customer must carefully check the data contained in their order summary, confirming the selected product, the personal data provided and the billing data before confirming the order. If the Customer notices an error before finalizing the ordering process, the Customer must go back to the previous steps in order to make any required rectifications.
Order and Order Confirmation
8.11. After completing the previous steps, the Customer must read and confirm acceptance of these General Conditions, and, if fully accepted, then place the order.
8.12. In doing so, the Customer is expressing its full and complete acceptance of the description of the products contemplated in the transaction, the respective prices and these General Conditions.
8.13. Once the order has been received by VLT UK, an e-mail will be sent to the Customer's contact address, in which all the details about the products purchased, the respective quantities and the overall price of the order placed will be repeated, as well as reference to these General Conditions. These General Conditions will regulate the relationship between VLT UK and the Customer in relation to an order. This email will constitute our acceptance of the Customer’s order, at which point, a contract will come into existence between the Customer and VLT UK.
8.14. Upon receipt of payment of the total price of the products by VLT UK, a receipt will be issued and sent to the e-mail address provided by the User. Once issued, the receipt cannot be reissued with changes.
8.15. All orders for products on the online store will be subject to availability in stock. VLT UK is not obliged to accept orders for products that are unavailable. If the ordered products are not available in stock, VLT UK will inform the Customer immediately after becoming aware of such unavailability. In this situation, a product of equivalent quality and price may be provided or, if the Customer does not accept such a replacement, the order will be cancelled and any amounts paid by the Customer for the unavailable product will be refunded, within a maximum period of 30 (thirty) days after the date of such cancellation.
8.16. The costs of delivery will be displayed to the Customer on the Website.
8.17. The maximum delivery time for the equipment is 30 (thirty) days from the date of the confirmation email sent in accordance with condition 8.13.
8.18. The products making up the order will be delivered from Monday to Friday, with the exception of local or national holidays in the place of delivery, to the address that the Customer indicates for delivery when placing the order. VLT UK will inform the Customer, by e-mail, of the expected date for delivery of the ordered products.
8.19. The expected delivery times may be longer in situations where the product has to be ordered specifically from the VLT UK supplier. In these situations, the delivery period will be indicated to the Customer during the order processing stage and before the Customer proceeds to the placing the order.
8.20. The provision of an incorrect or incomplete delivery address may result in the return of the order to VLT UK and the incurring additional costs to the Customer, so it is recommended that the Customer always ensures that the delivery address indicated, when placing the order, is correct and complete. The Customer may reschedule the delivery, within a maximum period of 30 (thirty) days from the delivery date previously scheduled, provided that they have paid the additional costs due in respect of the new delivery date. If the Customer fails to do so, the order will be cancelled and VLT UK will return the amount that the Customer has paid, less delivery costs.
8.21. If VLT UK’s supply of the products is delayed by an event outside of its control, then VLT UK will contact the Customer as soon as possible to let the Customer know and VLT UK will take steps to minimise the effect of the delay. Provided that VLT UK does this, VLT UK will not be liable for delays caused by the event, but if there is a risk of substantial delay the Customer may contact VLT UK to end the contract and receive a refund for any products the Customer has paid for but not received.
8.22. For the purposes of these General Conditions, a "delivery" of an order is considered to have been made or a product is considered to have been "delivered" if the Customer or someone acting on behalf of the Customer has signed the delivery receipt at the agreed delivery address.
8.23. If no one is available at the agreed delivery address to take delivery and the products cannot be posted through the letterbox, a note will be left informing the Customer of how to rearrange delivery or collect the products from the local depot. If the Customer does not re-arrange delivery or fails to collect the products from a delivery depot, VLT UK will contact the Customer for further instructions and may charge the Customer for storage costs and any further delivery costs. If, despite VLT UK’s reasonable efforts, VLT UK is unable to contact the Customer or re-arrange delivery or collection, VLT UK may end the contract and condition 11.3.2 will apply.
8.24. Upon delivery, the Customer must examine the equipment in order to verify its compliance with the respective order and the delivery certificate.
8.25. Without prejudice to the provisions of condition 10, a Business Customer may only reject, in whole or in part, a product delivered by VLT UK that does not comply with the contractually definition or if the order is found to be damaged. Any such product must be returned immediately to the transport company by the Business Customer, stating the reason for the return on the delivery certificate. VLT UK must also be immediately notified. A Consumer Customer’s right to reject products are set out at condition 10.1.
9. Transfer of Risk and Responsibility for Products
VLT UK's responsibility for the equipment will pass to the Customer from the time the delivery certificate is signed by the Customer or someone acting on behalf of the Customer.
(The provisions of this condition vary depending on whether the Customer is a Consumer Customer or a Business Customer)
10.1. Consumer Customer
10.1.1. If the Customer is a Consumer Customer, VLT UK is under a legal duty to supply products that are in conformity with the contract created by acceptance of these General Conditions. Condition 10.1.5 sets out a summary of a Consumer Customer’s legal rights in relation to goods which are not in conformity with the contract. Nothing in these General Conditions will affect the Customer’s legal rights.
10.1.2. The products sold through the online store on the website are ‘goods’ and the Consumer Rights Act 2015 states that goods must be as described, fit for purpose and of satisfactory quality.
10.1.3. VLT UK will not have breached its legal duty under condition 10.1.1 and/or condition 10.1.2 and the legal rights available to a Consumer Customer under condition 10.1.5 will not be available if at the time the contract is concluded, the Customer becomes aware of the lack of conformity or of the defects in relation to the products or if he could not have reasonably ignored them.
10.1.4. VLT UK will also not have breached its legal duty under condition 10.1.1 and/or condition 10.1.2 and the legal rights available to a Consumer Customer under condition 10.1.5 will not be available where the lack of conformity or the defects in the product(s) result from the following situations:
a) Failure to use the products carefully, diligently and/or in accordance with the respective instructions for use, safety warnings or others;
b) The use of products for a purpose other than that for which they are intended;
c) The production of products according to the Customer's requests and specific characteristics indicated by the Customer;
d) Normal use/wear and tear of the products;
e) Modification or alteration of the products by anyone other than VLT UK;
f) Improper maintenance of the products or disregarding the recommendations given by VLT UK (if any) and the manufacturer's maintenance instructions.
10.1.5. If the purchased product is not in conformity or suffers from a defect, the Customer must report the situation to VLT UK, presenting the respective invoice and the description of the non-conformity. If the report from the Customer is received within six months from the date of delivery, it is presumed that the non-conformity was present at the time of delivery and VLT UK must disprove this presumption. VLT UK will proceed to verify the reported non-conformity and, if VLT UK cannot prove that the existence of non-conformity was not present at the time the products were delivered, the Customer will have the option to request any of the below remedies if applicable. If the report from the Customer is not received within the first six months from the date of delivery, the Customer must prove that the non-conformity was present at the time of delivery and if successful in doing so, the Customer will have the option to request any of the below remedies if applicable.
a) rejection of the product and a refund (only within the first 30 days following delivery of the product);
b) repair of the product (at any time);
c) replacement of the product with another with identical characteristics (at any time);
d) product price reduction (at any time but only after VLT UK has attempted once to either repair or replace the product(s) or where repairing or replacing the product(s) is impossible);
e) final rejection of the product and a refund (at any time but only after VLT UK has attempted once to either repair or replace the product(s) or where repairing or replacing the product(s) is impossible);
10.2. If a Consumer Customer is entitled to exercise their legal rights to reject products under conditions 10.1.1 and/or 10.1.2, the Customer must either return them to VLT UK or (if the products are not suitable for posting) allow VLT UK to collect them. VLT UK will pay the costs of postage or collection.
10.3. These General Conditions shall apply to any repaired or replaced products supplied by VLT UK.
10.4. If the Customer is a business, the applicable warranty shall be the warranty given by the manufacturer of the product and the Business Customer must register the product that they have purchased with the manufacturer for the purposes of such a warranty. Except as provided in this condition 10.4, VLT UK shall have no liability to a Business Customer in respect of a product’s failure to comply with the manufacturer’s warranty.
10.5. The installation and maintenance of the products sold by VLT UK is the exclusive responsibility of the Customer, unless otherwise indicated by VLT UK, depending on the size or complexity of the product actually sold;
10.6. Any technical advice given by VLT UK, prior to delivery of the product, is merely indicative, given on a good faith basis and constitutes VLT UK’s best knowledge, which is why it should be tested and, under no circumstances, will VLT UK be liable in respect of any such advice.
11. Contract Termination
(The provisions of this condition vary depending on whether the Customer is a Consumer Customer or a Business Customer)
11.1. Consumer Customers Only (Free Contract Termination (the right for a Consumer Customer to change their mind under the Consumer Contracts Regulations 2013)
11.1.1. If the Customer is Consumer Customer, the Customer has the legal right of free termination of the contract (i.e. to the Customer may change their mind) within 14 days after the day on which the ordered product is delivered in accordance with condition 8.22 or, if the order consists of several different products, which will be delivered on different days, within 14 days after the day the last of the ordered products is delivered in accordance with condition 8.22, and to receive a refund.
11.1.2. The right of free termination may be exercised by the Customer for all products purchased or only for some of the products included in an order.
11.1.3. The right of free termination of the contract may be exercised by returning the cancellation form located at the end of these General Conditions, or alternatively, by contacting VLT UK on +44 2039941094 or by emailing firstname.lastname@example.org an unequivocal declaration of the intention to return, including: the Customer's identification (name, address and email address), equipment identification, order number, invoice number and date of receipt of the item. If the Customer informs VLT UK of their exercising their free right to termination by letter or post One Lyric Square, W6 0NB, London, UK, the Customer must include their signature. VLT UK will confirm receipt of the communication of the free termination, by the same means and within 24 hours after receiving the Customer's email.
11.1.4. It is acceptable for the communication regarding the exercise of the free right of termination to be sent before the end of the period provided for in condition 11.1.1.
11.1.5. Where the products sold are produced according to the Customer’s specifications or are clearly customized, the right to freely terminate the contract (as set out in condition 11.1.1) does not apply.
11.1.6. The Customer must return the product to VLT UK, and the returned product must be in the same condition that it was in when it was delivered. The Customer must ensure that the product is returned to VLT UK within 20 (twenty) days from delivery.
11.1.7. When it is not possible for the Customer, due to the nature or size of the products, to return them by mail, VLT UK will schedule with the Customer the respective date of collection of the product.
11.1.8. If the conditions mentioned in 11.1.6 are not met, the return will be rejected, and an email will be sent to the User indicating the respective reasons. In this case, the User will have the option to request the reshipment of products not accepted for return, with the reshipment charges being borne by the Customer.
11.1.9. In the event of termination of this contract before the order is received by the Customer, all payments made by the Customer will be refunded, including any costs for the delivery of the products (except where the Customer has requested a more expensive delivery method than the least expensive delivery method that VLT UK offers). For example, where VLT UK’s cheapest delivery option is within 3 to 5 days at a set cost but the Customer chooses to have the product delivered within 24 hours at a higher cost, VLT UK will only refund what the Customer would have paid if it had chosen the cheapest delivery option.
11.1.10. VLT UK reserves the right to withhold the refund of the amounts paid by the Customer until the products are returned to him or until the Customer provides VLT UK with evidence that they have sent the product back to VLT UK, whichever is earlier.
11.1.11. The refund will be made using the same payment method used in the initial transaction, unless otherwise agreed between the Customer and VLT UK.
11.1.12. Where the Customer is a Consumer Customer exercising their right under condition 11.1.1 and the requirements of this condition 11.1 are complied with and VLT UK is not collecting the goods under condition 11.1.7, VLT UK shall refund the Customer, within 14 (fourteen) days from the date that VLT UK receives the products or, if earlier, the day on which the Customer provides VLT UK with evidence that they have sent the product back to VLT UK.
11.2. Consumer Customers and Business Customer
11.2.1. If the Customer wishes to end the contract with VLT UK, it must inform VLT UK by phone +44 2039941094, email email@example.com or post One Lyric Square, W6 0NB, London, UK ensuring to provide the Customer’s name, business name (if applicable), details of the order and, where available, the Customer’s phone number and email address or postal address.
11.2.2. If the Customer ends the contract for any reason after products have been dispatched to the Customer or the Customer has received them, the Customer must return the products to VLT UK. The Customer must post the products back to VLT UK at One Lyric Square, W6 0NB, London, UK or (if they are unsuitable for posting) allow VLT UK to collect them from the Customer. The Customer must phone or email VLT UK for a return label or to arrange collection.
11.2.3. VLT UK will pay the costs of return if the products are faulty or misdescribed or if the Customer is ending the contract because the Customer has a legal right to do so because of something that VLT UK has done wrong or, subject to condition 11.1.9, the Customer is a Consumer Customer exercising their right to free termination. In all other circumstances the Customer must pay the costs of return.
11.2.4. If the Customer is responsible for the costs of return and VLT UK is collecting the product from the Customer, VLT UK will charge the Customer only the direct costs to VLT UK of collection.
11.2.5. If the Customer is entitled to a refund under these Conditions, VLT UK will refund the price that the Customer paid for the products including delivery costs, by the method used by the Customer for payment. However, VLT UK may make deductions from the price as described in condition 11.1.9.
11.3. VLT UK
11.3.1. VLT UK may end the contract for a product at any time by writing (including email) to the Customer if (i) the Customer does not make payment to VLT UK when it is due and does not make payment within 15 (fifteen) days of VLT UK reminding the Customer that payment is due (condition 8.7); (ii) the Customer does not accept an offer of a product of equivalent quality and price when the product they have ordered is out of stock (condition 8.15); (iii) the Customer fails to reschedule delivery within 30 (thirty) days (condition 8.20); or (iv) the Customer does not, within a reasonable time, allow VLT UK to deliver the products to the Customer or the Customer fails to collect them (condition 8.23).
11.3.2. If VLT UK ends the contract in the situations set out in condition 11.3.1 VLT UK will refund any money paid by the Customer for products which have not yet been delivered but VLT UK may deduct or charge the Customer any reasonable expenses incurred by VLT UK arising out of the Customer breaking the contract.
12. Claims and Liability
12.1. Business Customers
12.1.1. Nothing in these General Conditions limits or excludes VLT UK ’s liability for (i) death or personal injury caused by VLT UK’s negligence or the negligence of VLT UK’s employees, agents or subcontractors (as applicable); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or (iv) any matter in respect of which it would be unlawful for VLT UK to exclude or restrict liability.
12.1.2. Except as expressly stated in condition 12.1.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
12.1.3. Subject to condition 12.1.1, VLT UK shall not be liable to a Business Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any indirect or consequential loss, loss of profits, loss of capital or claims for the same from any entity contracting with the Customer, including but not limited to (the Customer’s supplier or customers), resulting from or in connection with any contract between VLT UK and the Customer.
12.1.4. Subject to condition 12.1.1, VLT UK's aggregate liability to a Business Customer, for any losses not excluded under these General Conditions, will not exceed the price paid or payable for the products by the Business Customer according to the specific Order in question. This limit represents the maximum liability assumed by VLT UK regarding the specific order in question, regardless of the form of the complaint submitted to VLT UK and constitutes the only compensation eventually due to the Business Customer.
12.1.5. A Customer may address any complaints to VLT UK, through the e-mail address firstname.lastname@example.org or by telephone +44 2039941094 (opening hours 9:00 - 18:00 GMT), (Cost of a local call), or by letter to be sent to the following address: One Lyric Square, W6 0NB, London, UK.
12.2. Consumer Customers
12.2.1. Where VLT UK breaches these General Conditions, if the Customer is a Consumer Customer, VLT UK is responsible for loss or damage suffered by such a Consumer Customer that is a foreseeable result of VLT UK’s breach of these General Conditions or VLT UK’s failure to use reasonable care and skill. VLT UK is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both VLT UK and the Consumer Customer knew it might happen, for example, it if was discussed during the sale process.
12.2.2. VLT UK does not exclude or limit in any way its liability to a Consumer Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by VLT UK’s negligence or the negligence of VLT UK’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of a Consumer Customer’s legal rights in relation to the products as summarised at condition 10.1.
12.2.3. If VLT UK provides services in a Consumer Customer’s property (for example if VLT UK agrees to install the product for the Consumer Customer), VLT UK will make good any damage caused to the Consumer Customer’s property caused by VLT UK whilst doing so. VLT UK is not responsible for the cost of repairing any pre-existing faults or damage to the Consumer Customer’s property that VLT UK discovers whilst providing the services.
12.2.4. If the Customer is a Consumer Customer, VLT UK only supplies products to such a Customer for domestic and private use. If a Consumer Customer uses the products for any commercial, business or re-sale purpose, VLT UK’s liability to such a Customer will be limited as set out in condition 12.1.
13. Intellectual Property
VLT Portugal and/or its licensors is/are the owner(s) or licensee(s) of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14. Applicable Law and Jurisdiction
14.1. If the User is a consumer or the Customer is a Consumer Customer, these General Conditions are governed by English law and the User/Customer may legal proceedings in respect of the products in the English courts. If the User/Customer lives in Scotland, the User/Customer can bring legal proceedings in respect of the products in either the Scottish or the English courts. If the User/Customer lives in Northern Ireland, the User/Customer can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.2. If the User is a business or the Customer is a Business Customer, any dispute or claim arising out of or in connection with a contract between VLT Portugal and/or VLT UK and the User/Customer or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
15. Alternative Dispute Resolution – Users who are consumers and Consumer Customers only
15.1. Alternative Dispute Resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without the consumer having to go to court. If the User is a consumer or if the Customer is a Consumer Customer and they are not satisfied with how VLT Portugal or VLT UK has handled a complaint, the User/Customer can contact the alternative dispute resolution that VLT Portugal and VLT UK use (details of which are at condition 15.2 below). Disputes may also be submitted for online resolution to the European Commission Online Dispute Resolution platform
15.2. The Customer/User may submit a claim to Ombudsman Services Ltd via their website at www.ombudsman-services.org. Ombudsman Services Ltd will not charge the User/Customer for making a complaint and if the User/Customer is not satisfied with the outcome, the User/Customer can still bring legal proceedings.
THE USER/CUSTOMER DECLARES TO HAVE READ AND UNDERSTOOD THESE GENERAL CONDITIONS (AS AMENDED AND UPDATED FROM TIME TO TIME), AS WELL AS THE POLICIES ASSOCIATED WITH THEM. IF THE USER IS A BUSINESS OR THE CUSTOMER IS A BUSINESS CUSTOMER THEN THE BUSINESS USER/CUSTOMER RECOGNISES THAT THIS IS THE COMPLETE AND EXCLUSIVE DECLARATION OF THE AGREEMENT BETWEEN THE BUSINESS USER/CUSTOMER AND VLT PORTUGAL AND VLT UK, WHICH DEROGATES FROM ANY PREVIOUS PROPOSAL OR AGREEMENT, WRITTEN (INCLDUING EMAIL) OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN THE BUSINESS USER/CUSTOMER AND VLT PORTUGAL AND VLT UK, REGARDING THE OBJECT OF THIS AGREEMENT AND THE BUSINESS USER/CUSTOMER ACKOWLEDGES THAT IT HAS NOT RELIED ON ANY STATEMENT, PROMISE, REPRESENTATION, ASSURANCE OR WARRANTY MADE OR GIVEN BY OR ON BEHALF OF VLT PORTUGAL AND/OR VLT UK WHICH IS NOT SET OUT IN THESE GENERAL CONDITIONS AND THAT THE BUSINESS USER/CUSTOMER SHALL HAVE NO CLAIM FOR INNOCENT OR NEGLIGENT MISREPRESENTATION OR NEGLIGENT MISSTATEMENT BASED ON ANY STATEMENT IN THIS AGREEMENT.
Last version 15.07.2020
Cancellation Form – Consumer Customers only
(Complete and return this form only if you are a Consumer Customer and wish to withdraw from the contract)
To VOLTALIA UK LDA
One Lyric Square, W6 0NB, London, UK
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate