Terms & Conditions:

Terms Of Use:

It is advisable to retain a copy of these terms and conditions at all times for future reference and queries.
These terms and conditions apply to your use of this Website and any orders placed on the Website.
By accessing this Website and/or placing an order on any of the Websites, you agree to be bound by the terms and conditions outlined below.
If you do not agree to these terms and conditions, we kindly request that you refrain from using or accessing this Website. Before placing an order,
if you have any questions concerning these terms and conditions, please contact our Customer Service team at 'support@emergacharge.com'.
You may also want to review our Refunds and Returns Policy and our Cookies Notice.

1. DEFINITIONS

"Conditions" refers to the terms and conditions outlined in this agreement, as well as any terms and conditions found in the Product Description.
"Product" refers to any item displayed for sale on our Website.
"Product Description" specifically pertains to the section of the Website that provides terms and conditions related to each individual Product.
"Users" collectively refers to all individuals who use the Website.
"Personal Information" refers to the details provided by you when placing an order.
"We," "us," and "our" refer to Emerga Charge Ltd, a company registered in England and Wales with the registration number 14938588. Our registered address is 154 Park View, Whitley Bay, Tyne And Wear, United Kingdom, NE26 3QW.
"Websites" refers to the websites located at 'emergacharge.com' and any subsequent URLs that may replace them.
"Cookies" are small text files placed on your computer's hard drive by our Websites to store information about your shopping session and identify your computer.
"United Kingdom" encompasses England, Wales, Scotland, and Northern Ireland.
"You" refers to any user of this website.

2. ACCESS AND REGISTRATION:

Our services are exclusively accessible to those who have agreed to our terms of services. The point at which you are legally bound by these terms of services is upon account creation.

Access Restriction: The use of our website, including access to store features, product purchase capabilities, and the visibility of prices, is exclusively reserved for registered vendors. Users who have not registered an account will not be granted access to these features.

Account Registration: To become a registered user and access our store features, including the ability to order products and view prices, you must complete the registration process. By registering an account, you acknowledge and agree that you have read and accepted these Terms and Conditions.

Legal Binding: Your acceptance of these Terms and Conditions at the point of account registration constitutes a legally binding agreement between you and Emerga Charge. Please carefully read these Terms and Conditions before proceeding with account registration.

Your access to this Website is granted in accordance with these Conditions. By placing orders on this website, you agree to be bound by these Conditions. We reserve the right to:

1. Modify or withdraw this Website (or any part of it) temporarily or permanently, with or without notice. You acknowledge that we will not be liable to you or any third party for any modification or withdrawal of the Website.

2. Make changes to the Conditions from time to time. By continuing to use the Website (or any part of it) after such changes, you are accepting the modified Conditions. It is your responsibility to regularly check for any changes to the Conditions. If you do not agree with the modified Conditions, you must stop using the Website immediately.

3. Block access to the Website, or any specific part of it, for all or certain users if we suspect a breach of these Conditions or fraudulent activity.

3. PLACING AN ORDER:

When placing an order on our website, the following steps apply:

1. You initiate the order during the checkout process, following the provided instructions.
2. We will confirm your order via email.
3. Your payment method will be charged when the order is placed.
4. Delivery is completed upon the products' arrival at the specified address, and they become your responsibility from that point.
5. We reserve the right not to accept orders for various reasons, including product availability, payment authorization, pricing errors, delivery restrictions, or non-compliance with eligibility criteria.

4. RIGHT TO CANCEL:

Also see our Refunds, Returns and Delivery Restrictions Policy Page. By law, you have the following cancellation rights when you place an order with us via this website.

You are entitled to cancel your order if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the products.

If you wish to exercise your right of cancellation, you must retain possession of the products and take reasonable care of them. Do not use the products if you have decided to cancel the order.

To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel, and, where available, your phone number and email address.

You can cancel by email: support@emergacharge.com.

If you decide to cancel, you should return the products to us at your cost within 14 days of such cancellation. You should keep proof of postage. Once we receive the products, we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to products to which cancellation rights apply.

We may make a deduction from the reimbursement for loss in value of any products supplied if the loss is the result of you failing to take reasonable care of them. We will make the reimbursement no later than 14 days after the day we receive back from you any products supplied.

5. RETURN POLICY UNDER UK LAW:

Return Costs: Under UK law, we are not responsible for covering the costs associated with returning a product. This includes, but is not limited to, shipping fees, packaging materials, and any other expenses incurred during the return process.

Information and Assistance: We are committed to providing you with all relevant information and assistance required to complete the return process smoothly. This includes clear instructions on how to initiate a return, where to send the product,
what relevant packaging stickers are required under the law, and any necessary contact information. We will also provide any documentation or support necessary to facilitate your return under applicable UK consumer protection regulations.

Please review this policy carefully before proceeding with any returns. If you have any questions or require further assistance, please do not hesitate to contact our customer support team, and they will be happy to assist you.

6. DESCRIPTION OF PRODUCTS:

Each Product you purchase is subject to its Product Description, including Specific Conditions related to that Product. We take all reasonable measures to ensure that all relevant information, including details, descriptions, and prices of our Products on the Website, is accurate at the time of entry into our system.

While we aim to keep the Website as updated as possible, there may be occasions when information, including Product Descriptions, may not accurately reflect the product's status when you place an order. The price of a product cannot be confirmed until we accept your order in accordance with our Order acceptance policy.
We reserve the right to cancel your order up to the point of dispatch in the event of a pricing error. In such cases, we will promptly refund any amount paid.

7. BUSINESS USE:

Our products are specifically designed for business use. If you intend to use these products for business purposes, please ensure you have the appropriate insurance coverage. For business users, we do not provide any implied warranties or conditions,
including those related to suitability for a specific purpose. Our maximum liability for business users is limited to the replacement value of the product (except in cases of death or personal injury caused by our negligence). We are not responsible for any additional losses or damages beyond the cost of the item in the event of a warranty or condition breach.

8. THIRD-PARTY LINKS:

On occasion, we may include links to other external websites or resources that we have taken reasonable care to select. By clicking on these links and accessing these resources, you choose to leave our website and enter another.
Please be aware that we are not liable or responsible for the content, availability, or practices of these external sites or resources. Accessing these linked sites or resources is at your own discretion and risk.

9. RECOMMENDATIONS:

To enhance your experience on our Website, we may use Cookies to offer product recommendations based on factors such as your previous purchases, frequently viewed items, top sellers, and product ratings.
We may also analyze your purchasing habits and interests in comparison to other customers to provide relevant product recommendations.

We strive to ensure our recommendations align with your behavior and preferences as a customer on our Website.
Please note that the product details, including price, are correct when the initial recommendation is made to you. However,
they may be subject to change without prior notice. Refer to our Cookies Notice for further information on how we use Cookies to personalize your shopping experience.

10. COOKIES AND RECOMMENDATIONS:

At our website, we use Cookies to enhance your browsing experience and provide personalized recommendations tailored to your interests. Your Cookie data is not stored on our servers.
Any information collected through Cookies is processed by a trusted third-party application, which relays data to Shopify for internal optimization.
We do not sell your information to third-party organizations and take measures to ensure it's not accessible to unauthorized parties. For more information on our use of Cookies, please refer to our Cookies Notice.

11. PERSONAL INFORMATION:

When you visit our Websites or place an order, we may request specific Personal Information, including your name, email address, billing address, delivery address, telephone number, product selections, credit card or payment information,
and a password. Additionally, we or our third-party providers may collect information about your online presence, such as the URL you came from, IP address, domain types (e.g., .co.uk and .com), browser type, country, telephone area code of your computer, pages viewed on our website, advertisements clicked on, and search terms entered.

This information may be collected even if you do not register with us. By providing Personal Information on our Websites, you confirm that the information is true, accurate, current, and complete.
If there are any changes to your Personal Information, please promptly update your details while logged in to our Websites or contact our Customer Service team via email at support@emergacharge.com.


12. ELIGIBILITY CRITERIA

Please note that this Website is exclusively intended for business-to-business (B2B) transactions. It is important to acknowledge that the sale of products on these Websites is exclusively aimed at business entities. Therefore, individual consumers are prohibited from accessing any Store features of the Websites or purchasing any products.


13. INTELLECTUAL PROPERTY

You acknowledge and agree that all intellectual property rights in all material or content provided on the Websites, including copyrights, trademarks, and other intellectual property, belong to us or our licensors. You are only allowed to use this material if and as expressly authorized by us or our licensors.

You acknowledge and agree that the material and content on the Website is available for your personal non-commercial use only. If necessary to make a purchase, you may download such material and content onto a single computer hard drive. Any other use of the material and content on the Website is strictly prohibited. You are not permitted to directly or indirectly copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of the material and content provided on the Websites.


14. COMPLIANCE WITH LAWS

It is understood and agreed that you will abide by all relevant laws, statutes, and regulations governing the usage of the Website, as well as any transactions made on or through the Website.


15. LIABILITY

We make reasonable efforts to ensure the accuracy of the information provided on the Website. However, we do not provide any warranties, whether expressed or implied, regarding its accuracy.
The Website is provided on an "as is" and "as available" basis, without any representation or endorsement, and we do not offer any warranties, whether express or implied, in relation to the Website or any transactions conducted on or through it.
This includes but is not limited to, implied warranties of non-infringement, compatibility, security, accuracy, completeness, or any implied warranty arising from the course of dealing, usage, or trade.

To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, in relation to the Products. However, this disclaimer does not affect your statutory rights as a consumer or your cancellation rights.

We shall not be held liable, in contract, tort (including negligence), pre-contract, or other representations (excluding fraudulent or negligent misrepresentations), or otherwise, for any economic losses
(including loss of revenues, profits, contracts, business, or anticipated savings), loss of goodwill or reputation, or any special or indirect losses suffered or incurred by you arising out of or in connection with the provisions of any matter under these conditions.

Once the products have been delivered, we are not responsible for any theft or misuse of the products.

While we take reasonable precautions to keep your order details and payment information secure, we cannot be held liable for any loss you may experience if a third party gains unauthorized access to your data while accessing or ordering from the Websites,
except in cases of our negligence or that of our employees.

This clause does not exclude or limit our liability for death or personal injury caused by our negligence or that of our employees, agents, or contractors.

 

16. FORCE MAJEURE

1. Definition: For the purposes of this contract, "Force Majeure" shall mean any event or circumstance beyond the reasonable control of the affected party, including but not limited to, acts of God, natural disasters, war, terrorism, civil unrest, government actions, labour strikes, and any other events or circumstances that are unforeseeable and unavoidable.

2. Effect of Force Majeure: In the event that either party is prevented or delayed in the performance of any of its obligations under this contract due to a Force Majeure event, such party shall promptly notify the other party in writing of the occurrence and the nature of the event, along with an estimate of the expected duration of the delay.

3. Excuse from Performance: The affected party's performance of its obligations under this contract shall be excused during the period of the Force Majeure event, and the affected party shall be granted an extension of time to perform equal to the duration of the Force Majeure event.

4. Mitigation: Both parties shall use reasonable efforts to minimize the impact of a Force Majeure event on the performance of this contract, including seeking alternative means of performance wherever possible.

5. Termination: If a Force Majeure event continues for an uninterrupted period of 14 days, either party may terminate this contract by providing written notice to the other party.

6. No Additional Compensation: A Force Majeure event shall not entitle the affected party to any additional compensation, and both parties shall bear their own costs and expenses resulting from the Force Majeure event.

7. Continuation of Other Terms: Except as expressly modified by this Force Majeure clause, all other terms and conditions of this contract shall remain in full force and effect.

This Force Majeure clause is incorporated into and forms a part of the contract between the parties, effective as of [October 30, 2023].

17. SEVERANCE

If any part of these Conditions is found to be unlawful, invalid, or unenforceable for any reason, that specific provision will be considered as separate from the rest of the Conditions and will not affect the validity and enforceability of the remaining provisions.


18. WAIVER

Any waiver by us shall not be interpreted as a waiver of any previous or subsequent violation of any provision in these conditions.


19. SURVIVAL

Each provision of these Conditions shall be interpreted as individually applicable and continuing to be valid even if, for any reason, one or more of those provisions are deemed inapplicable or unenforceable in any given circumstances.


20. ENTIRE AGREEMENT

These Conditions establish the terms of our relationship with you. Any modifications to these Conditions must be written and agreed upon by both parties. Your legal rights are not impacted by these terms and conditions.
This provision does not restrict or exclude our liability for any fraudulent or negligent misrepresentation, regardless of whether it is included in these Conditions.


21. LAW

The laws of England shall govern and interpret these Conditions. You agree to the exclusive jurisdiction of the courts of England for any disputes arising from or relating to these conditions, and this agreement cannot be revoked.


22. CONTACT

To get in touch with us for any service-related queries, you can reach us via email at support@emergacharge.com. You can also send us a written communication or post to the following address:

Emerga Charge Ltd.

154 Park View
Whitley Bay
Tyne and Wear
United Kingdom
NE26 3QW

Our company registration number is 14938588.