Terms of service
Our terms
- These terms
- What these terms cover. These are the terms and conditions on which we supply products to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- 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).
Provisions specific to consumers only are in Blue and those specific to businesses only are in Green.
- If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- Information about us and how to contact us
- Who we are. We are Portable Power Limited a company registered in England and Wales. Our company registration number is 03044988 and our registered office is at Woodland View/York Rd, Knaresborough HG5 0RP. Our registered VAT number is GB 651 8462 27.
- How to contact us. You can contact us by telephoning our customer service team at +44 1423 861616 or by writing to us at info@portablepowerltd.com
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- UK sales only. This website is for the sale of good to the UK only.
- Our products
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our rights to make changes
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Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
- More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
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Minor changes to the products. We may change the product:
- Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am – 5pm on weekdays (excluding public holidays).
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
- When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
- When you own goods. You own the product once we have received payment in full.
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Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 12 weeks in any 12 month period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- We will not supply products if you do not pay. If you do not pay us for the products when you are supposed to we will not supply you with the products.
- Your rights to end the contract
- You are entitled to end the contract with us at any time within 30 days from the date of purchase and upon receipt of the product back from you; we will provide you with a full refund.
- How to end the contract with us (including if you are a consumer who has changed their mind)
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Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email. Email us at info@portablepowerltd.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the Contact Information Form on our website, www.portablepowershop.com.
- By post. Simply write to us at our address, Portable Power Ltd, Woodland View, York Road, FLAXBY, Knaresborough, North Yorkshire, HG5 0RR, UK, including details of what you bought, when you ordered or received it and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must make them available for collection by us or our agents.
- When we will pay the costs of return. In the UK, we will organise and pay the costs of return of all products returned within 30 days of purchase.
- How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- When your refund will be made. We will make any refunds due to you as soon as possible but in any event no later than 10 days after receipt.
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Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Our rights to end the contract
- We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 1 month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
- If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 1423 861616 or write to us at info@portablepowerltd.com.
- Your rights in respect of defective products if you are a consumer
- If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to two years: if your goods do not last a reasonable length of time you may be entitled to some money back. |
- Your rights in respect of defective products if you are a business
- If you are a business customer we warrant that on delivery, and for a period of 24 months from the date of delivery (warranty period), any products which are goods shall:
- conform with their description and any relevant specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
- Subject to clause 3, if:
- you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1;
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
- If you are a business customer we warrant that on delivery, and for a period of 24 months from the date of delivery (warranty period), any products which are goods shall:
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
- We will not be liable for a product's failure to comply with the warranty in clause 1 if:
- you make any further use of such product after giving a notice in accordance with clause 13.2(a);
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
- you alter or repair the product without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 1.
- These terms shall apply to any repaired or replacement products supplied by us under clause 2.
- Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment with Visa, Visa Delta, Visa Electron, Mastercard, Maestro, American Express, Paypal, 3CB. When you must pay depends on what product you are buying: for goods, you must pay for the products before we dispatch them.
- Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you if you are a consumer
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 1
- We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
- Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- defective products under the Consumer Protection Act 1987
- Except to the extent expressly stated in clause 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.
- Subject to clause 1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount paid for the Product or Products from your order
- Nothing in these terms shall limit or exclude our liability for:
- How we may use your personal information
- How we will use your personal information. We will only use your personal information as set out in our Privacy Policy – see portablepowershop.com sitemap - privacy.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by a copy of a receipt of Purchase.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, as explained in clause 2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by 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.