Terms & Conditions for Trade Sales
TERMS &CONDITIONS for TRADE and BUSINESS SALES
The Solar Trader is the wholesale division of Select Solar Ltd, Company no. 04303044, Registered in England and Wales, VAT number: 794270796
All orders placed with The Solar Trader will incorporate these terms and conditions, which will supersede any and all terms and conditions, proposed by the customer. Please read these terms and conditions carefully before placing an order with The Solar Trader.
By placing an order with The Solar Trader you accept these terms and conditions. The Company may change the terms & conditions without prior notice to you in relation to future sales and prospects.
The Solar Trader is committed to security and privacy of both personal and business information and promises to operate under verifiable ethical standards as shown below and in accordance with the Data Protection Act 1998.
1 Ordering and Payment
1.1. Your order will be taken by us electronically or by fax or phone and the goods requested from our suppliers if necessary. By placing an order with The Solar Trader you accept these terms and conditions.
1.2. We will acknowledge receipt of your order by email, fax or verbally by phone. We reserve the right to decline any order placed.
1.3. We accept payment by cheque, bank transfer, credit card or PayPal. Cheques must be drawn against a UK Sterling or a Euro account and should be posted to us at the address on our Contact Us page:
1.4. We reserve the right to alter payment methods, reject payments or accounts and in such cases full refunds will be provided to the customers.
1.5. Unless a trade account has been agreed, orders will only be accepted on a Pro-Forma basis, with payment being received by The Solar Trader before an order will be released.
1.6. To ensure that your credit, debit, charge card or PayPal account is not being used
without your consent, we may validate name, address and other information supplied against third party databases. By accepting these terms & conditions you consent to such checks being made. In performing these checks information provided may be disclosed to a registered Credit Reference Agency. You can be assured that this is only done to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
2.1. The prices payable for goods that you order are as set out in our trade price list, or as negotiated between us.
2.2. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
2.3. We reserve the right to change prices without prior notice.
2.4. The delivery charges shown on our price list are for UK deliveries only and exclude VAT, unless shown otherwise.
2.5. All delivery charges for orders outside the UK will be quoted on an individual basis.
2.6. While we try to ensure that all prices are accurate, errors may occur. Should this occur we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling.
3 Cancellation by us
3.1. We reserve the right to cancel the contract between us if;
3.1.1. we have insufficient stock to deliver the goods you have ordered;
3.1.2. do not deliver to your area; or
3.1.3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
3.2. If we do cancel your contract we will notify you by e-mail or phone and will re- credit to your account any sum deducted by us as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment or loss of business suffered.
4 Delivery of goods to you
4.1. We will arrange for delivery of the goods ordered by you to the address you give us
for delivery at the time we accept your order.
4.2. We will make every effort to ensure delivery will be made as soon as possible after your order is accepted. However, we will not be liable for any losses incurred by the buyer for failure to deliver by a particular date.
4.3. We will use reputable parcel carriers. Nonetheless we cannot accept responsibility for delays caused solely by the default of the carrier.
5. Ownership of goods
5.1. Once goods have been delivered to you they will be held at your own risk and you will be liable for their loss or destruction. However, you will become the owner of the goods you have ordered only when you have paid for them in full. Until then the goods remain the property of The Solar Trader.
6.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail ([email protected]) or phone (0845 003 9152) of the problem within two working days of the delivery of the goods in question.
6.1.1. If you have a drop-ship account with us the notification period under
6.1. is 14 days
6.2. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail at our contact address of the problem within 40 days of the date on which you ordered the goods.
6.3. If you notify a problem to us under condition 6.1 or 6.2 our only obligation will be, at our option:
6.2.1. to make good any shortage or non- delivery;
6.2.2. to replace or repair any goods that are damaged or defective; or
6.2.2. to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.2.3. if you notify us of a problem under condition 6.1 you must return the goods to us or you will remain liable their cost. Unless otherwise agreed, you are liable for the cost of returning the goods.
6.3. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2(3) above.
6.4. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from The Solar Trader. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5. If you have a ‘Drop Ship’ account with us and your customer cancels their contract with you, we have no liability to you and are not required to take back the goods.
6.6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
A quotation by The Solar Trader does not constitute an offer and Select Solar Ltd may revise or withdraw from a quotation at any time before accepting a buyer’s offer.
8 Uses of Electronic Media & Web Site
8.1. Every effort is made to ensure the accuracy of our website. However some details on the site may change from time to time and the company makes no warranty, express or implied, as to the nature or accuracy of any material on the website.
8.2. The Company cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within its website.
8.3. The Company will not be liable for incidental, consequential or special damages arising from, or as a result of, any electronic transmission or the accuracy of the information contained in the website.
8.4. Any use of copyright without first obtaining our permission will be deemed to be a misuse of this site and will result in prosecution and absolutely no refunds will be issued in such circumstances.
8.5. Any material downloaded or otherwise obtained through the use of our service is done at your own discretion. The Solar Trader will accept no responsibility for any damage to your own computer system or loss of data that results from the download of any such material.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent to our contact email address as advertised from time to time on our website and all notices from us to you will be displayed on our website from to time. With regard to matters affecting your order specifically, we will contact you at the address given by you at the time of ordering.
10 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13 Governing law
The contract between us shall be governed exclusively by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
For all returns please refer to section 6 for details on liability. Our warranties vary according to the product and can be anything from 2 years to 25 years, for this reason please contact us with specific enquiries as all the options would be too numerous to list here.
16 Entire agreement
These terms and conditions, together with our current trade prices, delivery details, and contact details, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
For the purpose of applicable data protection legislation, the data controller of your personal data is: Select Solar Ltd of Sullens Farm Unit 11A, Sunnings Lane, Upminster, Essex, RM14 2DQ (our registered address). Our data protection representative can be contacted at [email protected] or:
Select Solar Ltd
Sullens Farm Unit 11A
Every day Select Solar will receive, use and store personal information about our stakeholders, customers and colleagues. It is important that this information is handled lawfully and appropriately in line with the requirements of the UK Data Protection Act 1998/the European Data Protection Directive 95/46/EC/General Data Protection Regulation 2018 and any successor legislation (collectively referred to as the ‘Data Protection Requirements’).
We take our data protection duties seriously, because we respect the trust that is being placed in us to use personal information appropriately and responsibly.
2. About This Policy
This policy, and any other documents referred to in it, sets out the basis on which we will process any personal data we collect or process.
This policy does not form part of any employee’s contract of employment and may be amended at any time.
Select Solar is responsible for ensuring compliance with the Data Protection Requirements and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to [email protected]
3. What is Personal Data
Personal data means data (whether stored electronically or paper based) relating to a living individual who can be identified directly or indirectly from that data (or from that data and other information in our possession)
Processing is any activity that involves use of personal data. It includes obtaining, recording or holding the data, organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data includes personal data about a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic, biometric, physical or mental health condition, sexual orientation or sexual life. It can also include data about criminal offences or convictions. Sensitive personal data can only be processed under strict conditions, including with the consent of the individual. We store no sensitive data.
4. Data Protection Principles
Anyone processing personal data at Select Solar must ensure that data is:
Processed fairly, lawfully and in a transparent manner.
Collected for specified, explicit and legitimate purposes and any further processing is completed for a compatible purpose.
Adequate, relevant and limited to what is necessary for the intended purposes.
Accurate, and where necessary, kept up to date.
Kept in a form which permits identification for no longer than necessary for the intended purposes.
Processed in line with the individual’s rights and in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
Not transferred to people or organisations situated in countries without adequate protection and without firstly having advised the individual.
5. How We Use Your Data - Fair and Lawful Processing
The Data Protection Requirements are not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the individual.
In accordance with the Data Protection Requirements, we will only process personal data where it is required for a lawful purpose. The lawful purposes include (amongst others): whether the individual has given their consent, the processing is necessary for performing a contract with the individual, for compliance with a legal obligation, or for the legitimate interest of the business. When sensitive personal data is being processed, additional conditions must be met.
In the course of our business, we may collect and process personal data. This may include data we receive directly from a data subject (for example, by completing forms or by corresponding with us by mail, phone, email or otherwise) and data we receive from other sources (including, for example, location data, business partners, sub-contractors in technical, payment and delivery services and others).
We will only process personal data for the specific purposes set out as shown below or for any other purposes specifically permitted by the Data Protection Requirements. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.
In order to produce a quotation, or process an order
In order to comply with local and international laws
From time to time we may call or email you to keep you updated about products you may be interested in, new product developments, pricing information, industry news and/or events, etc. This information should be relevant and of interest to you based on you having entered into a contract of sale, taken steps to enter into a contract of sale or have consented
If it is essential to help protect yours or someone else’s life
6. Notifying Individuals
If we collect personal data directly from an individual, we will inform them about:
The purpose or purposes for which we intend to process that personal data, as well as the legal basis for the processing.
Where we rely upon the legitimate interests of the business to process personal data, the legitimate interests pursued.
The types of third parties, if any, with which we will share or disclose that personal data.
The fact that the business intends to transfer personal data to a non-EEA country or international organisation and the appropriate and suitable safeguards in place.
How individuals can limit our use and disclosure of their personal data.
Information about the period that their information will be stored or the criteria used to determine that period.
Their right to request from us as the controller access to and rectification or erasure of personal data or restriction of processing.
Their right to object to processing and their right to data portability.
Their right to withdraw their consent at any time (if consent was given) without affecting the lawfulness of the processing before the consent was withdrawn.
The right to lodge a complaint with the Information Commissioners Office.
Other sources where personal data regarding the individual originated from and whether it came from publicly accessible sources.
Whether the provision of the personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the individual is obliged to provide the personal data and any consequences of failure to provide the data.
The existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual.
If we receive personal data about an individual from other sources, we will provide them with this information as soon as possible (in addition to telling them about the categories of personal data concerned) but at the latest within 1 month or in the case we will be communicating with the data subject, when the data is used for the communication.
We will also inform data subjects whose personal data we process that we are the data controller with regard to that data.
7. Adequate, Relevant and Non-excessive Processing
We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.
8. Accurate Data
We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.
9. Timely Processing
Once consent has been given for us to store data, we will store data for as long as the information can be of use to us, unless you specifically contact us otherwise. We retain information for as long as is required for the data’s intended purpose, and normally, due to data archiving and disaster recovery policies, for at least seven years as required to perform full data recovery in the event of a full disaster. We will not keep personal data longer than is necessary for the purpose or purposes for which it was collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required.
10. Processing in line with Data Subject’s Rights
We will process all personal data in line with data subjects’ rights, in particular their right to:
Confirmation as to whether or not personal data concerning the individual is being processed.
Request access to any data held about them by a data controller (see also Clause 15 Subject Access Requests).
Request rectification, erasure or restriction on processing of their personal data.
Lodge a complaint with a supervisory authority.
Object to processing including for direct marketing.
Not be subject to automated decision making including profiling in certain circumstances.
At any time you can request (by emailing [email protected]).
to see what data Select Solar holds about you
to change the data that Select Solar has about you
for Select Solar to delete the data we hold about you
Children Under 13
Our Services are not directed to children under age 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details below. If we learn that personal data has been collected from a child under 13, then we will delete such information from our files as soon as reasonably practicable.
11. Data Security
We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental or unlawful destruction, damage, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed.
We will put in place procedures and technologies to maintain the security of all personal data from the point of the determination of the means for processing and point of data collection to the point of destruction. Personal data will only be transferred to a data processor if they agree to comply with those procedures and policies, or if they put in place adequate measures themselves.
We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:
Confidentiality means that only people who are authorised to use the data can access it.
Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on Select Solar’s central computer system instead of individual PCs.
Security procedures include:
Entry controls. Any stranger seen in entry-controlled areas should be reported.
Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
Pseudonymisation and encryption of data
Methods of disposal - Paper documents should be shredded. Digital storage devices should be physically destroyed when they are no longer required.
Staff must ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
Transferring Personal Data Outside of the EEA
12. Disclosure and Sharing of Personal Data
Your personal data will be treated as strictly confidential and will be shared only with relevant Select Solar staff and external third party services providers.
If you have given us consent to do so we may share your personal data with external companies in order to process a referral.
We may also share your personal data with other organisations where we are legally obliged.
Third Party Services Providers
We may share your personal data with our service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, hosting our services, supporting our services functionality, and supporting contests, sweepstakes, surveys and other features offered through this Services. These service providers may have access to personal data to the extent needed to perform their functions on Select Solar’s behalf.
Some data may be shared with our bank (HSBC) in order to process payments. People who submit their data in order to facilitate payments agree to store their data as per HSBC’s Privacy Notice
We upload some personal details to MailChimp so we can use this platform to send emails. Anyone can request to not receive them anymore by emailing [email protected] Please also see MailChimp’s Privacy and Terms.
13. Subject Access Requests
Individuals must make a formal request for information we hold about them. Employees who receive a request should forward it to [email protected] immediately.
When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
We will check the caller’s identity to make sure that information is only given to a person who is entitled to it.
We will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.
Where a request is made electronically, data will be provided electronically where possible.
14. How we collect and store data
We maintain a central secure database where we store contact details and information about organisations and individuals.
Our website www.thesolartrader.co.uk has the functionality for users to open a Trade account at The Solar Trader. This feeds into our central secure database.
The servers hosting this website automatically collect logs that may record statistical information such as visitors’ IP addresses, type of operating systems, time of visit, web pages requested etc, and identify categories of visitors by items such as domains and browser types. These usage statistics are used to improve our websites and maintain site security. The information in these logs is never used by us in a personally identifiable way, although they may be able to identify or show the individual ISP or company accessing the site. Your ISP or organisation may make such data available that would allow personal identification, but we do not use this data.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We, like many organisations, use traffic cookies on both of our sites to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
15. Changes to this Policy
We reserve the right to change this policy at any time. Where appropriate, we will notify changes by mail or email.