Website Terms of Supply of Goods

This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

  • 1.Information about us
  • 1.1We operate the website www.batterycharged.co.uk. We are Shield Batteries Limited, a company registered in England and Wales under company number 01114834 and with our registered office at 277 Stansted Road, Bishops Stortford, Hertfordshire CM23 2BT. Our main trading address is Unit 17, M11 Business Link, Stansted, Essex CM24 8GF. Our VAT number is GB 214 8821 67.
  • 1.2Contacting us if you are a consumer: (a)To cancel a Contract in accordance with your legal right to do so as set out in clause 10, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at [email protected] or contact our Customer Services team by telephone on 03300 412 187 or by post to 277 Stansted Road, Bishops Stortford, Hertfordshire CM23 2BT. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. (b)If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 03300 412 187 or by e-mailing us at [email protected]. (c)If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
  • 1.3Contacting us if you are a business. You may contact us by telephoning our customer service team at 03300 412 187 or by e-mailing us at [email protected]. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 22.3.
  • 2Our Products
  • 2.1The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
  • 2.2The packaging of the Products may vary from that shown on images on our site.
  • 3.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.
  • 4.Our rights to make changes
  • 4.1Minor changes to the Products. We may change the Product:
  • (a)to reflect changes in relevant laws and regulatory requirements; and
  • (b)to implement minor technical adjustments and improvements or changes to packaging.
  • 4.2More 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 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 and receive a full refund before the changes take effect.
  • 5.How we use your personal information
  • We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
  • 6.If you are a consumer
  • This clause 6 only applies if you are a consumer.
  • 6.1If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
  • 7.If you are a business customer
  • This clause 7 only applies if you are a business.
  • 7.1If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
  • 7.2These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
  • 7.3You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
  • 7.4You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
  • 8.How the contract is formed between you and us
  • 8.1Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
  • 8.2After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.3.
  • 8.3We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
  • 8.4If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 20.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
  • 9.Our right to vary these Terms
  • 9.1We amend these Terms from time to time. Please look at these Terms each time you purchase Products from us to ensure you know the Terms that apply to your purchase.
  • 9.2Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
  • 9.3If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
  • 10.Your rights to end the contract
  • This clause 10 only applies if you are a consumer.
  • 10.1You can always end your Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
  • (a)If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 13;
  • (b)If you want to end the Contract because of something we have done or have told you we are going to do, see clause 10.2;
  • (c)If you have just changed your mind about the Product, see clause 10.3. You may be able to get a refund if you are within the cancellation period, but this may be subject to deductions and you will have to pay the costs of return of any Products;
  • (d)In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.5.
  • 10.2Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
  • (a)we have told you about an upcoming change to the Product or these Terms which you do not agree to (see clause 4.2);
  • (b)we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
  • (c)there is a risk that supply of the Products may be significantly delayed because of events outside our control;
  • (d)we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
  • (e)you have a legal right to end the Contract because of something we have done wrong.
  • 10.3Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund, but you must pay to return the Products to us. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
  • 10.4How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the Products, unless:
  • (i)Your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.
  • (ii)Your Products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
  • 10.5Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the Contract before it is completed, but you may have to pay us compensation to cover our losses. A contract for Products is completed when the Product is delivered and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The Contract will end immediately, and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract.
  • 11.Our rights to end the contract
  • 11.1We may end the Contract if you break it. We may end the Contract for a Product at any time by writing to you if:
  • (a)you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
  • (b)you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
  • (c)you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
  • 11.2You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  • 12.How to end the contract with us (including if you have changed your mind)
  • This clause 12 only applies if you are a consumer.
  • 12.1Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:
  • (a)Phone or email. Call customer services on 03300 412 187 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
  • (b)Online. Complete the form on our website.
  • (c)By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.
  • (d)Using the model form cancellation form. You may use the model form cancelation form set out at the end of these Terms. It can be sent to us by e-mail or post.
  • 12.2Returning 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 return them to us at your cost. You must either return the Products in person to where you bought them, post them back to us at 277 Stansted Road, Bishops Stortford, Hertfordshire CM23 2BT or (if they are not suitable for posting) allow us to collect them from you at your cost. Please call customer services on 03300 412 187 or email us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
  • 12.3When we will pay the costs of return. We will refund the costs of return:
  • (a)if, following inspection of the Products by us, the Products are found to be faulty, or misdescribed; or
  • (b)if you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
  • In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return or collection by us.
  • 12.4How we will refund you. 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.
  • 12.5Deductions from refunds. If you are exercising your right to change your mind:
  • (a)We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  • (b)The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
  • 12.6When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
  • (a)If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
  • (b)In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
  • 13.If there is a problem with the product
  • THIS CLAUSE 13 ONLY APPLIES TO CONSUMERS
  • 13.1How 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 03300 412 187 or e-mail us at [email protected] or write to us at 277 Stansted Road, Bishops Stortford, Hertfordshire CM23 2BT.
  • 13.2Summary of your legal rights. 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 Product. 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.

    If your Product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:

    • up to 30 days: if your item is faulty, then you can get a refund.
    • up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
    • up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.

    If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

    • if your digital content is faulty, you're entitled to a repair or a replacement.
    • if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
    • if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

    If your product is services, for example a support contract for a laptop or tickets to a concert, the Consumer Rights Act 2015 says:

    • you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
    • if you haven't agreed a price upfront, what you're asked to pay must be reasonable.
    • if you haven't agreed a time upfront, it must be carried out within a reasonable time.
  • 13.3Your obligation to return rejected products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to us at your cost.
  • 14.Delivery
  • 14.1Estimated delivery dates are provided on your Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control.
  • 14.2Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
  • 14.3You own the Products once we have received payment in full, including all applicable delivery charges.
  • This clause 14.4 only applies if you are a consumer.
  • 14.4If we miss the estimated delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
  • (a)we have refused to deliver the Products;
  • (b)delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
  • (c)you told us before we accepted your order that delivery within the delivery deadline was essential.
  • 14.5If you do not wish to cancel your order straight away, or do not have the right to do so under clause 14.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
  • 14.6If you do choose to cancel your Order for late delivery under clause 14.5 or clause 14.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
  • 15.No international delivery
  • 15.1Unfortunately, we do not deliver to addresses outside the UK.
  • 15.2You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
  • 16.How to pay
  • 16.1You can only pay for Products using a debit card or credit card. We accept payment by paypal and by the following cards: Mastercard and Visa whether by credit or debit card.
  • 16.2Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
  • 17.Our warranty for the Products
  • 17.1We provide a warranty for our Products. The warranty period depends on the Product being sold. We will notify you of the warranty period applicable during the online sale process. The warranty we provide is that on delivery and for the notified warranty period, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 17.2.
  • 17.2The warranty in clause 17.1 does not apply to any defect in the Products arising from:
  • (a)fair wear and tear;
  • (b)wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
  • (c)if you fail to operate or use the Products in accordance with the user instructions;
  • (d)any alteration or repair by you or by a third party who is not one of our authorised repairers; or
  • (e)any specification provided by you.
  • 17.3If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
  • 18.Our responsibility for loss or damage suffered by you as a consumer
  • THIS CLAUSE 18 ONLY APPLIES TO CONSUMERS
  • 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.
  • 19.Our liability if you are a business
  • This clause 19 only applies if you are a business customer.
  • 19.1Nothing in these Terms limits or excludes our liability for:
  • (a)death or personal injury caused by our negligence;
  • (b)fraud or fraudulent misrepresentation;
  • (c)breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  • (d)defective products under the Consumer Protection Act 1987.
  • 19.2Subject to clause 19.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
  • (a)any loss of profits, sales, business, or revenue;
  • (b)loss or corruption of data, information or software;
  • (c)loss of business opportunity;
  • (d)loss of anticipated savings;
  • (e)loss of goodwill; or
  • (f)any indirect or consequential loss.
  • 19.3Subject to clause clause 19.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
  • 19.4Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
  • 20.Price of products and delivery charges
  • 20.1The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 20.5 for what happens if we discover an error in the price of Product(s) you ordered.
  • 20.2Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
  • 20.3The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
  • 20.4The price of a Product includes a standard delivery charge. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges section on our Packing & Shipping page.
  • 20.5Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
  • (a)where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
  • (b)if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly 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 cancel supply of the Product and refund you any sums you have paid.
  • 21.Events outside our control
  • 21.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 21.2.
  • 21.2An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, Government enforced lockdowns, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • 21.3If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
  • (a)we will contact you as soon as reasonably possible to notify you; and
  • (b)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  • 21.4You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
  • 22.Communications between us
  • 22.1When we refer, in these Terms, to "in writing", this will include e-mail.
  • 22.2If you are a consumer you may contact us as described in clause clause 1.2.
  • 22.3If you are a business:
  • (a)Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
  • (b)A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
  • (c)In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
  • (d)The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  • 23.Other important terms
  • 23.1We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
  • 23.2You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
  • 23.3This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
  • 23.4Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  • 23.5If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  • 23.6If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
  • 23.7If you are a business, a Contract and any dispute or claim arising out of or in connection with it 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.
  • 23.8If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).