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Conditions of Sale

Terms and Conditions of Sale

This document (together with the documents expressly referred to in it), tells You information about us and the legal terms and conditions (Terms) on which We sell any Loop products, system and services (including subscription services) via www.your-loop.com or www.amazon.co.uk or any other sales channel fulfilled by Us and any other product listed on Our Loop Website ("Our site") relating to Loop Energy Saver (together "Product or Products").

These Terms will apply to the sale of Products -for the Loop Energy Saver to You. Please read these Terms carefully and make sure that You understand them -before placing your order for Products. Please note that by placing your order for Our Products -You agree to be bound by these Terms and the other documents expressly referred to in it.

References to "You” or “Your” are references to the person (or the legal entity that You are representing) who has accepted and agreed to the terms of this Agreement

Any Products placed through www.amazon.co.uk or any other third party that are sold by and dispatched by Us will also be subject to additional terms and conditions of Amazon or a third party. If any of the Terms in this document conflict with the terms of Amazon then Amazon terms will prevail.

You should print or save a copy of these Terms for future reference.

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.

For the avoidance of doubt, Loop products purchased through any other third party will be subject to their Terms and Conditions of Sale

1 Information about us

1.1 Loop Energy Saver Products, Systems and Services (including Loop Energy Saver subscriptions services) are owned and operated by Maple Tree Energy Management Ltd, trading under the names of 'Loop' and of Navetas. References to "We", "Us" or “Our" are references to Maple Tree Energy Management Ltd. We are a limited company registered in England and Wales (company number 9551430), and Our registered address for correspondence is: 17A Deben Mill Business Centre, Old Maltings Approach, Woodbridge IP12 1BL. Our VAT number is GB 210829727.

If You have any complaints please contact us by email at contactus@Your-loop.com or by following the 'Contact us' link on the Loop website.

2 Our Products

2.1 The images of the Products on Our site or on any other promotional materials are for illustrative purposes only. Although We have made every effort to display the products accurately, We cannot guarantee that Your Products may not vary slightly from those images.

2.2 The packaging of the Products may vary from that shown on images on Our site.

2.3 All Products shown on Our site are subject to availability. You will be informed by e-mail as soon as possible if the Product You have ordered is not available, Your order will either be placed on back order, or it will be refunded in full.

3 Our Services

3.1 Loop Energy Saver Subscription Service

3.1.1 This offer entitles You to access the Loop Service for an initial free 45 day period under the terms defined in the Free Trial Agreement through to becoming a paying subscriber of the Loop Service.

3.1.2 By submitting Your payment card details on sign up, You (i) accept the terms of the Free Trial Agreement, (ii) consent to Us using your payment details in accordance with this Subscription Agreement, and (iii) acknowledge and agree to Terms & Conditions of the Loop Service.

3.1.3 If You decide that You do not want to become a paying subscriber of the Loop Service following completion of the 45 Day Free Trial, then You must (1) inform Us by emailing customer@your-loop.com before the forty fifth (45) day and (2) ensure prompt return of the Loop Kit. On receipt of Your request to withdraw from the trial a returns number will be issued to you with instructions on how to return the Loop Kit to us. Please refer to the Free Trial Agreement for more information.

3.2 Subscription Agreement

At the end of your 45 day free trial period, you will automatically become a paying subscriber of the Loop Service and the payment details you provided on sign up will automatically be charged the Subscription Payment Option chosen.

3.2.1 Subscription Payment Options

YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS AS PROVIDED ON SIGN UP. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE SERVICE BEFORE THE END OF THE TRIAL PERIOD. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE MONTHY SUBSCRIPTION BY CONTACTING US AND ARRANGING RETURN OF THE LOOP KIT. WE CANNOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

3.2.1.2 Standard Monthly Subscription : On successful completion of the 45 day free trial period, and thereafter each month, payment of the agreed Monthly Subscription will be collected until cancellation. For each payment You will receive an email confirmation of your paid subscription period. If you wish to cancel your Monthly Subscription, you may do so at anytime by providing a minimum of 30 days notice of cancellation, during which time the Loop Kit must be return to us. Any future payments will stop on receipt of the returned Loop Kit. No refunds or credits will be paid by us for any partial Monthly Subscription.

The price of the standard Monthly Subscription will be reviewed by Us every two years and/or if We introduce new services in the future. This may result in an increase to the Monthly Subscription. Under these circumstances, We will provide you at least 60 days notice of any increase. Price changes will take effect at the start of the next subscription period following the 60 day notice period. By continuing to use the Loop Service after the price change takes effect, you accept the new price. The price charged includes VAT at the standard rate of 20% and therefore is subject to any change by government of the standard rate. We will inform you at our earliest opportunity of any known change to the rate of VAT that may affect your subscription amount.

3.2.1.3 Standard Lifetime Subscription: On successful completion of the 45 day free trial period the agreed single payment amount will be collected. This payment will be full settlement for the purchase of the Loop Kit and on-going access to the standard Loop Service.

3.2.2 Definitions relating to Loop Energy Saver Subscription Service

“Loop Kit” means an internet gateway and power supply, electricity monitor and in the case of a dual fuel kit it also means gas monitor and fitting kit.

"Standard Loop Service" means access to Our online Web-based applications and App provided by Us via https://www.your-loop.com and/or any other designated websites as provided by Us.

“Standard Monthly Subscription” means the provision of the Loop Kit and access to the Standard Loop Service. Ownership of the Loop Kit will always remain Our property.

“Standard Lifetime Subscription” means the provision of the Loop Kit for Electricity and where applicable Gas and access to the Standard Loop Service. Ownership of the Loop Kit is transferred to You upon the receipt of Your payment in full.

3.3 We reserve the right to make any changes to the Loop Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Loop Services, and We shall notify You in any such event.

We may from time to time enhance the Loop Services to include new features and functionality, which may incur an additional charge to the Standard Subscription Service in 3.2.2. Under these circumstances we will inform you of any additional charges to Our Standard Subscriptions.

3.5 The Loop Services supplied to You are covered by the Terms and Conditions of the Loop service.

4 Use of Our site

4.1 Your use of Our site is governed by Our Acceptable Use Policy . Please take the time to read these, as they include important terms which apply to You.

5 How We use Your personal information

5.1 We only use Your personal information in accordance with Our Privacy Policy .

6 If You are a consumer

This clause 6 only applies if You are a consumer.

6.1 As a consumer, You have legal rights in relation to the supply of goods, services and digital content. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or on the Citizens Advice Bureau website . Nothing in these Terms will affect these legal rights.

7 If You are a business customer

This clause 7 only applies if You are a business.

7.1 If You are not a consumer (as defined by the Consumer Rights Act 2015), You confirm that You have authority to bind any business on whose behalf You use Our site to purchase Products and or Loop Services.

7.2 These Terms and any document expressly referred to in them constitutes the entire agreement between You and us. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

7.3 You will only be permitted to resell any Products and or Loop Services if You have entered into Our reseller agreement. Under no circumstances are You permitted to resell any Product or Loop Services until the reseller agreement has been signed off by both parties.

8 Not used

9 Our right to vary these terms

9.1 We reserve the right, from time to time, to change these Terms at Our sole discretion. Every time You order Products from us, the Terms in force at that time will apply to the purchase of those Products.

10 Our right to cancel the service

10.1 We reserve the right to terminate the Services being provided to You at any time with reasonable notice. Should this be within 12 months of purchase of Our Products We will provide a refund proportionally, provided that the Services are not terminated as a result of a breach of any of these Terms by You.

11 Our warranty for the Products

11.1 the Products supplied to You under this agreement are provided with a 12 month warranty from the date of dispatch of the original Product purchase.

11.2 the Products shall be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) and fit for purpose in accordance with the specifications of the Product by the Supplier;

11.3 the Products shall be free from material defects in design, material and workmanship and remain so for a 12 month warranty period.

11.4 In the event that the Product fails during the 12 month warranty period we will repair or replace the Product. If it cannot be repaired or replaced, then a refund will be offered.

11.5 At our request you must either:

11.5.1 as soon as reasonably practicable, return any faulty Product to us. When we send the replacement Product, we will supply a returns label for you to return the faulty item to us; or

11.5.2 dispose of the Product. The Products should not be disposed of with household waste. Please recycle where facilities exist and check with Your local authority for recycling.

11.6 the warranty in this clause 11 does not apply to any defect in the Products arising from:

11.6.1 wilful damage, abnormal storage or working conditions, accident, negligence by You or by any third party;

11.6.2 if You fail to operate or use the Products in accordance with the user instructions;

11.6.3 any alteration or repair by You or by a third party who is not one of Our authorised repairers; or

11.6.4 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, use and maintenance of the Products or (if there are none) good practice regarding the same;

11.7 This warranty is in addition to Your consumer 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 on the Citizens Advice Bureau website.

12 Not used

13 Cancellation of order

13.1 Cancellation of any order placed via www.amazon.co.uk will be subject to Amazons terms and processes for cancellation.

13.2 Cancellation of any order placed via www.your-loop.com will be subject to Our terms and processes for cancellation as follows

13.2.1 If the Products have not already been dispatched, please cancel Your order on www.your-loop.com or contact us here.

13.2.2 If the Products have already entered the dispatch process, please refer to clause 15 - Returns

13.3 If We are unable to meet the estimated delivery date We will contact You with a revised estimated delivery date. If this is not acceptable You may cancel Your order. If You have already paid for the Product, We will refund You the full amount as soon as possible.

14 Not Used

15 Consumer rights of return and refund

15.1 If You want to return a Product for any reason, providing the Product is unused (i.e. installation process not started) and the retail packaging is undamaged (i.e. can be resold to another customer upon its return) We will provide a full refund as long as the Product is returned within 14 days starting the day after you take position of the product..

Please follow the steps below to ensure You obtain a trouble free and full refund.

1. Contact us via customer@your-loop.com or telephone first to let us know what Products You are returning and obtain a returns number.

2. Ensure the Product is returned in its original packaging

3. Include a copy of Your original order confirmation with a note of the returns number, inside the parcel so We know who has sent it.

4. Send it back to us under an insured delivery option covering the full cost of the Products.

16 Delivery

16.1 Your order will be fulfilled by the estimated delivery date set out in the order confirmation, unless there is an event outside Our control. If We are unable to meet the estimated delivery date because of an event outside Our control, We will contact You with a revised estimated delivery date. If this is not acceptable You may cancel Your order as per clause 13.

16.2 Products purchased from www.Your-loop.com or www.amazon.co.uk are sent using different courier services depending on the size/value of the parcel and/or delivery service chosen. Small parcels are normally sent via ‘Royal Mail 2nd Class’ and will normally be delivered within 2-3 working days of dispatch.

16.3 The Products will be Your responsibility and all risk in the Products will pass to You, from the completion of delivery.

16.4 You own the Products once We have received payment in full, including all applicable delivery charges.

17 No international delivery

17.1 Unfortunately, We do not deliver to addresses outside the UK. Courier costs change daily and there maybe Customs issues. Therefore, regretfully shipping outside the UK is only available by prior agreement.

17.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

17.3 Our Products are designed for use in the UK and are certified to UK Standards only. Should You continue with the purchase for use outside of the UK through www.Your-loop.com or www.amazon.co.uk then this is made at Your sole risk.

18 Price of products and delivery charges

18.1 The prices of the Products will be as quoted on Our site or on any site the link for which is provided on Our site from time to time.

18.2 Prices for Our Products may change from time to time, but changes will not affect any order which We have confirmed with a Dispatch Confirmation.

18.3 The 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.

18.4 The price of a Product does not include delivery charges (unless stated differently at the time You place Your order) which will be added at Our sole discretion to the total amount due.

18.5 From time to time promotional discount codes are used in conjunction with 3rd parties. We reserve the right to decline an order, where in Our opinion a promotion code is invalid for the order being placed.

18.6 Any refunds given for orders placed using a promotional code will take the discount into account.

19 How to pay

19.1 Payment for an outright purchase for orders placed via www.Your-loop.com or www.amazon.co.uk and all applicable delivery charges are on placement of order. The payment method and payment terms will be applicable at the time you place your order.

20 Our liability if You are a business

This clause 20 only applies if You are a business customer.

20.1 Nothing in these Terms exclude Our liability for:

20.1.1 death or personal injury caused by Our negligence;

20.1.2 fraud or fraudulent misrepresentation;

20.2 Subject to clause 20.1, 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: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.

20.3 Subject to clause 20.1 and clause 20.2, Our total liability to You in respect of all other 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 purchased.

20.4 Except 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.

21 Our liability if You are a consumer

This clause 21 only applies if You are a consumer.

21.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by You and Us at the time We entered into the Contract.

21.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

21.3 We do not in any way exclude Our liability for:

21.3.1 death or personal injury caused by Our negligence;

21.3.2 fraud or fraudulent misrepresentation;

22 Events outside Our control

22.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under any sale of the Products that is caused by an Event Outside Our Control, as defined below in clause 22.2.

22.2 An 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, epidemic 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.

22.3 If an event outside Our control takes place that affects the performance of Our obligations under a Contract:

22.3.1 We will contact You as soon as reasonably possible to notify You; and

22.3.2 Our obligations under the Terms 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.

23 Communications between us

23.1 When We refer, in these Terms, to "in writing", this will include e-mail.

23.2 If You wish to contact us in writing for any other reason, You can send this to us by e-mail or by pre-paid post to Maple Tree Energy Management Ltd at 17a Deben Mill Business Centre, Old Maltings Approach, Woodbridge, Suffolk, IP12 1BL. You can always contact us using Our Customer Services telephone line here.

23.3 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.

23.4 If You are a business, please note that any notice given by You to us, or by us to You, will be deemed received and properly served immediately when posted on Our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

24 Other important terms

24.1 We may transfer Our rights and obligations under a contract to another organisation, but this will not affect Your rights under these Terms.

24.2 You may only transfer Your rights or Your obligations under these Terms to another person if We agree this with You in writing.

24.3 This 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.

24.4 Each 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.

24.5 If 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.

24.6 If 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 that the courts of England and Wales will have non-exclusive jurisdiction.

24.7 If You are a business, these Terms are governed by English law. This means that 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

October 2015