Terms and Conditions
Solaflair is a trading business of Worthy Business Development Ltd who is the owner of the website and whose registered office is 75 QUeens Avenue Kidlington OX5 2JJ. Our company registration number is 05720203 registered in England and Wales.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Worthy Business Development Ltd’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
What we collect
We may collect the following information:
- name and job title
- contact information including email address
- other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Worthy Business Development Ltd, 75 Queens Avenue, Kidlington OX5 2JJ
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect
Terms and Conditions of Sale
(a) In these Conditions "the Company" mean Worthy Business Development Ltd t/as SOLAFLAIR “Conditions ” means the standard terms and conditions of sale set out in this document; "Contract" means the contract for the purchase and installation of the Goods; "Customer" means the person who accepts the quotation of the Company attached for the sale of the Goods; "Goods" means the goods or any parts for them which the Company is to supply in accordance with these Conditions; "Order” means the’ Proceed with Order’ attached and signed by the Customer and countersigned by the Company's authorised representative; "Price" means the cash price, including 5% VAT as specified in the Order. (b) Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, reenacted or extended at the relevant time. (c) The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of the Sale
(a) The Company shall sell and the Customer shall purchase the Goods in accordance with the Order subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions. (b) No variation to these Conditions shall be binding unless agreed in writing between the Customer and the authorised representatives of the Company. (c) Any typographical, clerical or other error or omission in the Order or other document or information issued by the Company shall be subject to correction without liability on the part of the Company. (d) It is agreed that the Contract is not a Consumer Credit Agreement
3. Order and Specification
(a) The quantity, quality, description and specification of the Goods shall be those set out in the Order. (b) The Company reserves the right to make any changes in the
specification of the Goods which are required to conform with any applicable safety or other statutory requirements or which do not materially affect their quality or
performance. (c) The Order may not be cancelled by the Customer except with the agreement in writing of the Company and on the terms that the Customer shall
indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses
incurred by the Company as a result of cancellation and (without limiting the forgoing) the Company shall be entitled to forfeit and retain any deposit paid by the Customer. (d) Any samples of the goods shown by the Company to the Customer prior to the Order shall be deemed to have been for the purpose of demonstration.
4. Terms of Payment
(a) A deposit of fifty percent (50%) of the Price is payable on the signing of the Order and the balance is due on the commissioning of the installation. The Customer warrants that there are no agreements, whether financial or otherwise, relating to the Goods between the Customer and the Company's representative other than those contained in the Contract. (c) If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company
shall be entitled to:- (i)cancel the Contract and retrieve the goods which remain the property of Company until payment in full is received . or (ii) charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of five per cent per annum above National Westminster Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest)
6. Risk and Property
(a) Risk of damage to or loss of the Goods shall pass to the Customer when the installation has been commissioned. (b) Notwithstanding delivery and the passing of
risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price and the price of all other goods agreed to be sold by the Company to the Customer for which payment is then due. (c) Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
(a) Whilst the Company will make every endeavour to install the Goods on the date or within the period arranged with the Customer, the Company shall in the event of any unforeseen circumstances (including, but without limiting the foregoing, inclement weather, strikes, lock-outs and non-availability of materials) be entitled to make later installation and such later installation shall be accepted by the Customer and the Company shall in any event not be responsible for any loss whatsoever arising from or consequential upon delay in installation and the time for such installation shall not be of the essence of the Contract. (b) The Customer will, upon being advised that the Goods are ready to be installed, forthwith notify the Company of a suitable appointment for such installation and provide sufficient access to enable installation to be completed. (c) If within fourteen days of the Customer being advised by the Company that the Goods are ready to be installed an appointment for access has not been agreed, the balance of the price shall become due and payable and, without prejudice to any other right or remedy available to it, the Company may (i) store the Goods until installation and charge the Customer for the reasonable costs (including insurance) of storage; (ii) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the Customer for any shortfall below the Price (including accrued interest) under the Contract. (d) The installation will be completed so as to require only normal consequential decoration by the Customer for which the
Customer shall be responsible. (e) The Customer is responsible for obtaining any approvals or permissions relating to the installation which may be required from the
Local Authority or otherwise.
This will only apply for residential properties if they are listed or is situated in a location which is designated as an ‘area of outstanding natural beauty’.)
8. Insolvency of Customer
(a) This clause applies if: (i) the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or (ii) an encumbrance takes possession of any of the property or assets of the Customer: or (iii) the Customer (being a business) ceases or threatens to cease to carry on business; or (iv) the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly. (b) If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
(a) No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. (b) The Contract shall be governed by the laws of England. (c) For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provisions of this contract this is not intended to, and does not give to any person who is not a party to this contract a right to enforce any of its provisions (d) If any part of these terms and conditions is unenforceable (including any provisions in which the Company excludes or limits its liability to the Customer ) the enforceability of any other part of these conditions will not be affected
e) The Company will have no liability to the Customer if it is unable to provide all or a part of the Goods in accordance with the Contract or otherwise as a result of circumstances beyond its reasonable control, including without limitation, war, strike,
lockout, industrial disputes, riot, civil commotion, acts of Government, fire, blockade, accident, natural catastrophe, disaster, default of suppliers or subcontractors.
(a) The Customer has the right to cancel this contract up to 14 days prior to installation. The Company reserves the right to keep any deposit paid, or part thereof, to offset the cost of materials already manufactured / purchased. To cancel this contract the Customer must send the Company a letter by ‘special delivery’ post. If the Customer cancels orally initially they must back this up in writing as above.
The supplier, SOLAFLAIR, shall make available upon completion of the installation a guarantee for five years in respect of solar panels and 2 years in respect of the pump and control unit. (The Company to supply the Customer with details as to how to activate the above or undertake the activation on behalf of the customer and inform both the Customer and SOLAFLAIR accordingly) (The Company will provide a minimum of a one year guarantee (more if appropriate) in respect of any faulty installations.
“MEDIATION AND ARBITRATION
In the case of a PV (photovoltaic) installation If at any time a dispute arises between you and us that cannot be resolved through our own customer service efforts, both you and we can refer the matter to be handled through RECC’s complaints procedure. We must agree to follow this procedure if that is your wish. RECC is certified through the Chartered Trading Standards Institute as an Alternative Dispute Resolution provider. You can find further information about this service on the RECC website www.recc.org.uk/consumers/how-to-complain
Initially the complaint will be allocated to a RECC caseworker, who will mediate between both parties in order to resolve the dispute. Mediation aims to reach a non-legal solution to the dispute in a reasonable timescale. If the mediator recommendations are not acceptable for any reason, you can refer the matter to RECC’s independent arbitration service and we must agree to arbitration if that is your wish. You will have to pay a fee directly to the arbitration company but this may be refunded to you if the arbitrator finds in your favour. You can find more information on the RECC website www.recc.org.uk/consumers/independent-arbitration
The outcome of the arbitration process will be legally-binding and enforceable. An award made under the independent arbitration service will be final and binding on you and us. You and we may only challenge the award on certain limited grounds under the Arbitration Act 1996.
RECC and MCS
This contract complies with our obligations as members of both the Renewable Energy Consumer Code (RECC) and the Microgeneration Certification Scheme (MCS).
The Renewable Energy Consumer Code
The aim of the Consumer Code is to guarantee a high quality experience for consumers wishing to buy or lease small-scale energy generation systems for their homes. The Code is backed by the Trading Standards Institute (TSI) as part of a self-regulation initiative: the Consumer Codes Approval Scheme. Members of RECC agree to comply with the Code. See www.recc.org.uk for more information.
The Microgeneration Certification Scheme
MCS membership demonstrates compliance to industry standards that companies strive to meet. Membership highlights to consumers that companies are able to consistently install to the highest quality every time.”
In the case of a gas installation If at any time a dispute arises between you and us that cannot be resolved through our own customer service efforts, both you and we can refer the matter to be handled through Gas Safe's complaints procedure. We must agree to follow this procedure if that is your wish. You can find further information about this service on the Gas Safe website http://www.gassaferegister.co.uk/help/make_a_complaint.aspx