Terms of Sale

ChargeGuru is a platform accessible at the following web address: www.chargeguru.com/uk (the "Site"), which is operated by Raiden Charging UK Limited, trading as ChargeGuru UK, a company incorporated in England and Wales (Registered number 14158696) whose registered office is at 21 Holborn Viaduct, London EC1A 2DY and whose VAT number is GB422474903 (the "Company").

The purpose of the Site is to allow the Company to offer the services listed below (the “Service(s)”) to customers (the “Customer(s)”, together with the Company, the "parties" and each a "party"):

• Supply and installation of charging solutions for electric and rechargeable hybrid vehicles; and
• Supply and installation of electricity consumption management solutions.

The Customer can contact the Company by email at [email protected] and by phone at 02039369930.

These Terms of Sale ("T&Cs") apply to the performance by the Company of the Services. These T&Cs are accessible at any time on the Site, and will prevail over any other terms or arrangement between the Company and its Customers relating to the subject matter of these T&Cs (other than any Special Conditions established pursuant to Article 2).

The main features of the Services are described on the Site. The Customer should read the information provided on the Site before placing an order. Choosing and purchasing a Service is at the sole discretion of the Customer. By placing an order, the Customer confirms that they are capable of entering into a contract with the Company. The Customer must read these T&Cs and is deemed to accept their terms when placing an order for the Service(s) on the Site.

ARTICLE 1 – DEFINITIONS AND RULES OF INTERPRETATION

Terms and expressions beginning with a capital letter when used in these T&Cs have the following meanings (or the meaning given elsewhere in these T&Cs):

The rules set out below apply to the interpretation of these T&Cs:

• the titles of the articles and appendices are included for convenience and in no way affect the interpretation of any of the provisions of these T&Cs;
• the use of the expressions “including” or “in particular” does not limit the scope of the wording which follows them;
• the term "or" is not exclusive;
• the definition attributed to a singular term also applies to that term when it is used in the plural and vice versa; and
• any reference to a document means that document as it may be modified or superseded (other than in violation of these T&Cs).

ARTICLE 2 - APPLICATION OF THESE T&CS

These T&Cs confirm the obligations of the Company and the Customer in relation to the Services and are the sole basis of the commercial relationship between the Company and the Customer. By accepting these T&Cs, the Customer is deemed to accept them without reservation. If any part of these T&Cs are found to be illegal, invalid or unenforceable then that provision will, to the extent required, be given no effect and will be treated as though it were not included in these T&Cs.

The Company and the Customer agree that these T&Cs exclusively govern their relationship.

These T&Cs will be applicable as soon as they are uploaded to the Site, and will be applicable to any specific Customer when they are deemed to be accepted by that Customer (being when that Customer places an order for Services on the Site).

If you are a Consumer Customer, these T&Cs are subject to consumer rights under English law applicable to online sales.

These T&Cs are communicated to any Customer who requests them, in order to allow him to place an order.

The Company reserves the right to diverge from certain clauses of these T&Cs by establishing special conditions of sale ("Special Conditions") with a Customer (following negotiations carried out with that Customer). The Customer will only be bound by such Special Conditions if: (i) he is properly informed of the terms of the Special Conditions and their impact on these T&Cs; (ii) he expressly accepts the Special Conditions; and (iii) the Special Conditions comply with all applicable laws, including but not limited to consumer rights derived under English law if the Customer is a Consumer Customer.

ARTICLE 3 – THESE T&CS ONLY APPLY IN THE UNITED KINGDOM

These T&Cs only apply to Services provided in the United Kingdom to Customers located in the United Kingdom.

In respect of any service intended to be performed outside the United Kingdom, or if you are a Customer located outside the United Kingdom, please contact the Company to discuss your request.

ARTICLE 4 – CUSTOMER COMMITMENTS

In order to take advantage of any Services offered through the Site, a Customer is required to:

1. Confirm that he owns the premises and objects necessary for the performance of the Services (other than the objects to be provided to the Customer pursuant to the Services), or has sought written approval from the owner of such premises and objects prior to performance of the Services.
2. Confirm that he knows of no obstacles to performance of the Services.
3. Satisfy, prior to the start date of the Services, all administrative or other formalities necessary for the performance of the Services.
4. Grant the Partner unobstructed access to the location of performance of the Services for the entire duration of the Services.
5. Cooperate in good faith with the Partner to enable proper performance of the Services, which includes:

• providing the Partner with complete, accurate and timely information and documents;
• providing approval within the deadlines required by the Partner;
• answering questions within the deadlines requested by the Partner;
• if necessary, appointing a representative with decision-making power;
• ensuring a representative with decision-making power is available throughout performance of the Services; and
• notifying the Partner directly of any possible obstacle to performance of the Services.

ARTICLE 5 – QUOTE REQUESTS AND PERFORMANCE OF THE SERVICES

5.1. Requesting desired Services

To request a Service, the Customer must access the Site and request a Quote in which he must specify the desired Services.

The Services governed by these T&Cs are those which appear on the Site and are indicated as carried out by the Company or on behalf of the Company through authorised Partners. All Services are offered subject to Partners' availability.

5.2. Provision of Quotes

A network of Partners will perform the Services requested by Customers on behalf of the Company. Partners are suitably qualified to perform the Services offered on the Site, and have entered into a service provision contract with the Company.

The Site allows the Customer to describe his needs and submit a request for a Quote. Once the Quote request has been submitted by the Customer, and the Customer has accepted these T&Cs and the Terms of Use of the Site (found here: https://chargeguru.com/uk/terms-of-use/), the Company sends the Quote request to the Partners likely to offer the desired Services at the location requested by the Customer.

The Partners who wish to respond to the Customer's Quote request will contact the Customer to discuss the Services and location requested by the Customer, or to arrange an appointment with the Customer.

The Company then prepares one or more Quotes for the Services offered by the Partners. This or these Quotes are sent to the Customer via email or within his Personal Space. Each Quote contains a description of the Services offered, the name of the Partner offering the Services and the price of the Services (which will be in Pound Sterling and include all taxes).

5.3. Quote selection

The Customer can accept the Quote of his choice by responding via email or directly via his Personal Space (depending on the method used to share the Quote with the Customer). The Customer must also accept these T&Cs for his order to be validated. The Customer must specify the location for performance of the Services.

Acceptance of any Quote is at the sole discretion of the Customer. Acceptance of a Quote is deemed to be confirmation that: (i) the Customer is placing an order for the Services with the Company (such Services to be subcontracted by the Company to the Partner); and (ii) the Customer accepts  the price and Services described in the Quote provided by the Partner as subcontractor of the Company.

Provision of the Customer's bank details and final, express acceptance of the Quote will be deemed proof of the Customer's agreement and a commitment to pay all sums due under the Quote.

The Company has the right to reject any Quote which has been accepted by a Customer, if the Company is not able to perform any part of the Services requested. In such circumstances, the Company will contact the Customer by e-mail, and the Customer shall be offered a full refund of any monies paid. Should any part of the Services described in the accepted Quote still be available ("Available Services"), the Company shall offer the Customer the option to request performance of the Available Services alone. If the Customer requests performance of the Available Services, the Customer shall be refunded any monies paid in relation to the unavailable Services.

Once the Customer accepts the Quote and these T&Cs, and the Company has confirmed the Services requested are available for performance, the Customer will receive a confirmation email from the Company (the "Confirmation Email"). At this point, the contract between the Company and the Customer shall be confirmed and binding. The Customer may withdraw their acceptance of a Quote at any time before the Confirmation Email without giving reason. Following receipt of the Confirmation Email, the Customer must follow the cancellation process discussed in Article 10 below if they wish to withdraw from the contract.

In certain cases, including non-payment of any sum due under these T&Cs, provision of an incorrect address, a dispute related to payment of a previous Service or where the Customer is bankrupt or insolvent (as applicable), the Company reserves the right to not accept the Customer's order (indefinitely or until the problem is resolved).

For any questions relating to an order, the Customer should contact the Company (see contact details at the top of these T&Cs).

5.4. Performance of the Services

Once the Quote has been approved by the Customer and the Company has sent the Confirmation Email, the relevant Partner will contact the Customer within 5 working days to confirm a date for the performance of the Services.

The Partner will perform the Services on the date agreed with the Customer, and such Services will correspond to the Services described in the Quote accepted by the Customer.

ARTICLE 6 – ORDER CONFIRMATION

The contractual information, including these T&Cs and the relevant Quote, will be confirmed to the Customer by email no later than the start date of performance of the Services, to the email address indicated by the Customer in the Quote.

ARTICLE 7 – RECORDS

The Company maintains registers (kept in the Company's computer systems under reasonable security measures) which contain records of communications, orders and payments between the Company and the Customer. The Company retains purchase orders, quotes and invoices in a reliable and durable form that can be provided, if requested by the Customer.

ARTICLE 8 – PAYMENT

The price indicated on the Quote will be the amount charged in the invoice issued by the Company to the Customer.

The Customer must pay a deposit upon acceptance of the Quote (which will be either 50% or 100% of the price due under the contract), which is payable using the payment link provided by the Company or directly from the Customer's Personal Space. The value of the deposit due upon acceptance of the Quote will be dictated by the total value of the Quote for the Services. Where the total value of the Quote is:

• less than £1,500 (inclusive of VAT), the deposit required will be equal to 100% of the price due under the contract; and
• more than £1,500 (inclusive of VAT), the deposit required will be equal to 50% of the price due under the contract.

The Customer shall pay the remaining balance due under the Quote upon completion of the Services (as discussed in Article 9 below). All payments shall be made: (i) (for Consumer Customers) via a secure payment service provided by Stripe; and (ii) (for Business Customers) via a secure payment service provided by Stripe or bank transfer. The Company does not have access to the Customer's sensitive banking data (the 16-digit bank card number, the expiration date and CVV code) which are transmitted directly to, and encrypted on, the bank's server. The Customer is liable to pay for Services as soon as he clicks "Pay". The recipient of the payment is the Company.

This deposit shall not be refunded in full if the Customer cancels his order and the Company has already incurred costs or suffered losses directly as a result of that order. The refund will only be reduced by the amount already actually incurred by the Company.

Payments made by the Customer will only be considered complete when received in full by the Company.

Without prejudice to any other rights the Company may have, failure by the Customer to pay a sum when due will result in:

• Application of a late payment interest rate equal to 2% a year above the Bank of England's base rate from time to time, from the first day of delay until the date of payment; and
• The requirement for immediate payment of all sums properly due to the Company from the Customer.

ARTICLE 9 – ACCEPTANCE OF SERVICES AND PAYMENT

Once the Services have been performed in accordance with the Quote accepted by the Customer, the Partner will request that the Customer signs the Completion of Works Form relating to the Services. For the avoidance of doubt, the Customer has no obligation to sign the Completion of Works Form if he does not fully accept the Services.

The Customer will allow the Partner to examine, and if necessary, remedy any defect raised by the Customer.

If the Services are accepted by the Customer:

The Customer will be required to pay the balance of the Quote using the payment link provided by the Company or directly from his Personal Space. The Customer will receive confirmation of his payment via email to the email address provided during registration. The invoice issued by the Company is then provided to the Customer if requested via email by the Customer.

If the Services are not fully accepted by the Customer:

The Company shall ensure that the Partner will remedy any valid defect identified by the Customer within a reasonable time, which shall be no later than 7 days from notification of the defect, unless the Partner requires materials to remedy the defect which cannot be sourced within 7 days (in which case, the Company shall ensure that the Partner will remedy any defect within 7 days of receipt of the necessary materials).

Once any defects have been remedied, the Customer will pay the balance of the Quote using the payment link provided by the Company or directly from his Personal Space.

ARTICLE 10 – RIGHT OF CANCELLATION

A Consumer Customer has a right to cancel the contract for the provision of Services at any time, for any reason, within 14 days of the contract being entered into (the "Withdrawal Period"). To cancel the contract, the Consumer Customer must contact the Company and inform them of their decision to cancel (the "Cancellation"). For the avoidance of doubt, this cancellation right does not apply to Business Customers.

Under regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, a Consumer Customer who wants the provision of Services to begin before the end of the Withdrawal Period must make an express request to this effect. If a Consumer Customer requests performance of the Services before the end of the Withdrawal Period:

(a) if the Services have been fully performed, the Consumer Customer will lose their right to cancel as described in this Article 10; or

(b) if the Services have been partially performed, the Consumer Customer still has a right to cancel, however he must pay the Company for the Services already supplied in proportion to the total price due under the contract.

ARTICLE 11 – GUARANTEES AND LIABILITY

1. The Services provided by the Company and its Partners are subject to, automatically and without additional payment, applicable guarantees under law.
2. The Customer has a right to receive goods which are: (i) of satisfactory quality; (ii) fit for purpose; (iii) as described; (iv) matching any specification for Services provided to the Customer by the Company; and (v) installed correctly. The Customer also has a right to receive Services which are performed: (i) with reasonable care and skill; and (ii) within a reasonable time.
3. If the Customer receives any goods which do not fulfil the requirements set out in Article 11(2) above at the point of delivery to the Customer, he could have a right to request a refund, repair or replacement within six (6) months of taking possession of the goods. If the Customer receives any services which do not fulfil the requirements set out in Article 11(2) above, he could have a right to request repeat performance, a price reduction or refund. The Company shall not be liable for any non-compliance with the requirements set out in Article 11(2) above which is caused by any act or omission after the point of delivery.

Force Majeure

All circumstances wholly beyond the control of the Company or the Customer, which prevent either of them from carrying out their obligations under these T&Cs (each a "Force Majeure Event"), shall excuse the affected party from carrying out their obligations under these T&Cs for as long as they are affected by the Force Majeure Event.

The affected party must notify the other party within 5 working days when a Force Majeure Event arises, and when they cease to be affected by the Force Majeure Event.

Force Majeure Events include all facts or circumstances external to the parties which are unforeseeable, beyond their control and which cannot be prevented despite all reasonable efforts. Force Majeure Events include, but are not limited to,: suspension of transport or supplies, earthquakes, fires, storms, floods, lightning and suspension or malfunction of telecommunications networks.

The parties will discuss the impact of the Force Majeure Event and how performance of these T&Cs can continue. If the Force Majeure Event lasts longer than seven (7) days, these T&Cs may be terminated by the non-affected party.

ARTICLE 12 – CONFIDENTIALITY

Articles 12.1 and 12.2 only apply to a Customer if he is a Business Customer.

12.1. Confidential information

Each party agrees not to disclose confidential information received from the other party.

Confidential information means information of any kind, visual or oral, on any medium whatsoever, relating to the structure, organisation, business, internal policies, projects and personnel of each of the parties.

Subject to the exceptions referred to below, this obligation of confidentiality will take effect for a period of two (2) years following completion of the Services. Confidential information includes the content of the Services as well as the reports, letters, information, notes and quotes provided by the Company and/or its Partners during performance of the Services. These documents are communicated to the Customer for strictly internal use and on the condition that they are not disclosed to third parties. If the Customer wishes to disclose any confidential information to a third party, he must request prior authorisation in writing from the Company and/or the Partner, who may provide authorisation subject to certain conditions.

12.2. Excluded information

The obligations and restrictions set out in article 12.1 above do not apply to confidential information:

• that was in the public domain or was acquired freely by the receiving party before the start of the Service(s);
• which is or becomes known through other sources not subject to confidentiality obligations; or
• which must be disclosed under a legal or professional obligation, or at the request of any judicial or regulatory authority empowered to require disclosure of confidential information.

Subject to its confidentiality obligations, the Company and/or its Partners reserve(s) the right to perform Services for companies which are deemed a competitor of the Customer.

12.3. Other obligations

The parties acknowledge and accept:

• that either party may, unless expressly requested otherwise by the other party, send correspondence or documents via email; and
• that neither party can guarantee the reliability, access or security of these emails, however both parties shall take all reasonable steps to protect the security of such emails.

ARTICLE 13 – PERSONAL DATA

The parties undertake to comply with laws and regulations applicable to the protection of personal data and in particular the General Data Protection Regulation (EU) 2016/679, as it forms part of retained EU law in the United Kingdom by virtue of the European Union (Withdrawal) Act 2018.

The Customer acknowledges the collection of their personal data and accepts that the Company transmits this personal data to certain third parties, including the Partners, for the performance of the Services requested by the Customer, as set out in the Company’s Privacy Policy (accessible here: https://chargeguru.com/uk/privacy-policy/).

The personal data collected will be used for the main purpose of managing and performing the Services. The Customer shall have certain rights over their personal data, including the right to request access, modification and deletion of their personal data. Further information about the purposes for which the Company processes the Customer’s personal data and about the Customer’s rights over their personal data is available in the Company’s Privacy Policy (accessible here: https://chargeguru.com/uk/privacy-policy/). To exercise these rights, the Customer should send a letter to the Company at the following address: Raiden Charging UK Ltd, 21 Holborn Viaduct, London, EC1A 2DY.

The Customer may be contacted by the Company in relation to the Services requested by the Customer by post, email, phone, SMS and MMS.

The Customer may also give their consent to receive marketing communications from the Company and from third parties with whom the Company shares personal data. The Customer may opt-out of receiving such communications at any time.

ARTICLE 14 – SETTLEMENT OF DISPUTES

These T&Cs are subject to the laws of England and Wales.

Any complaints may be addressed to the following address: Raiden Charging UK Ltd t/a ChargeGuru UK, Paddington Works, 8 Hermitage St, London W2 1BE.

Disputes that arise regarding the validity, interpretation, execution or termination of the contract concluded between the Company and the Customer may, at the request of one of the parties and before any legal proceedings, be submitted to alternative dispute resolution.

Failing to resolve a dispute through alternative dispute resolution, will result in the dispute between the Company and the Customer being subject to the jurisdiction of the courts of England and Wales. If a Consumer Customer lives in Scotland or Northern Ireland, that Consumer Customer can also bring claims against the Company in the courts of the country where the Consumer Customer lives. The Company can claim against the Consumer Customer in the courts of the country they live. 

ARTICLE 15: CUSTOMER ACCEPTANCE

These T&Cs are expressly accepted by the Customer, who declares to have read these T&Cs and to fully understand them.