Terms and Conditions

1. Definitions

“you” and “your” means you, our customer.  “we”, “us” and “our” means SolarEast UK Ltd, trading as Toasty, whose trading address is Unit 2 Planet Place, Killingworth, Newcastle upon Tyne, NE12 6DY. We are registered in England and Wales under company registration number 13419165. Our registered VAT number is 463204809. Our Financial Conduct Authority reference number is 1036597.   

“Installation Date” means the date on which the Equipment is installed at the property.

“Early Termination Charge” means the charge you may have to pay if you end your Loan Agreement during the term of this agreement, as described in clause 8 (Default and Termination).

“Equipment” means energy storage battery Equipment meeting the specification set out in your order confirmation and any replacement, renewal or substitution of it that we may agree with you.

 “RRP” means recommended retail price.

2. Sale of Equipment

Unless terminated in accordance with Clause 8 (Default and Termination) we agree to sell, and you agree to purchase, an Energy Storage Battery system from SolarEast UK Ltd. The Sale of the Equipment may be either via outright purchase or via Loan Agreement, subject to satisfactory financial checks by our partner, Phoenix Financial Consultants.

3. Loan Payments

In the event of payment arranged via a Loan, you agree to pay, without previous demand, the Loan Payments and any other sums due from you at the times shown for the duration of the minimum period and thereafter until the Loan Agreement has been terminated. The Loan Payments will continue to be due notwithstanding any temporary unavailability of the Equipment (for example, where it is being repaired).

Punctual payment by you is an essential term of this agreement.

Unless you agree otherwise with the Lender, payments (including any Repair Charges incurred) must be made by direct debit. They may at their discretion allow you to pay by debit card or bank transfer.

If you ask to, your Lender may (but do not have to) change the date of your Loan Payments to a different date of the month. All subsequent Loan Payments will then be due on the same date each month.

Your Lender may request you to provide credit or debit card details. In providing these, you irrevocably authorise them to charge to such card any amounts due under this agreement in the event that an attempt to obtain them by direct debit fails.

You shall agree to indemnify your Lender for:

• all reasonable costs and expenses incurred (both before and after judgment) as a result of your breaching this agreement and/or in our enforcing any term of this agreement;

• all reasonable costs and expenses incurred for any administrative work carried out at your request in connection with this agreement.

4. Costs and Expenses

You shall agree to compensate your Lender for:

(a) all reasonable costs and expenses incurred by your Lender (both before and after judgment), including legal costs and costs they pay to third parties (such as debt collection agencies) as a result of you breaching this agreement and/or in their enforcing any term of this agreement;

(b) all reasonable costs and expenses incurred by your Lender for any administrative work carried out by them at your request in connection with this agreement. They shall tell you the amount that they are going to charge for such administrative work before they carry out the work, and obtain your consent to them carrying out the work before the fee is incurred.

5. Late Payment Fee

Your Lender may apply a late payment fee of £30 every time that a payment is not paid or made under this agreement by its due date.

6. Delivery

We will use reasonable endeavours to deliver the Equipment to you on the date specified in your

dispatch confirmation.

If delivery of the Equipment is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end this agreement.

7. Return of the Equipment

If you cancel this agreement within the cooling off period of 14 days after the agreement is made in accordance with clause 13 you must return the Equipment to us within 30 days from the point of cancellation.  You will have to bear the cost of returning the Equipment to us. Please

see clause 13 below for further information on the return of the Equipment in these circumstances.

You must return the Equipment to us within 14 days of the end of this agreement, including if you or your Lender terminate the agreement under clause 8. If you fail to return the Equipment within such 14-day period then you may be charged a full Loan Payment for each month (or part month) which elapses until the Equipment is actually returned to us.

If when the Equipment is due to be returned you cannot do so as it has been lost or damaged beyond repair, then we may agree with you that you may substitute and return other Equipment of the same model and specification in its place.

8. Default, termination and other things we may do

Any of the rights that we exercise under this clause are subject to the provisions of the Consumer Credit Act 1974, and subject to any appropriate notice that we are required to serve on you under that Act.

Your Lender has the right to terminate this agreement if any of the events specified in the following paragraphs occur. They will contact you in writing if they terminate the agreement. 

• You have provided unauthorised payment or other details or they have reasonable grounds to suspect fraud, attempted fraud or any other unauthorised activity;
• You have not paid any Lease Payment within 7 days of its due date; 
• You break any of the conditions of this contract (although for breaches that you can put right we may first give you an opportunity to do so within 14 days). For serious breaches we will normally exercise this right immediately; 
• You have provided us with information that is false or misleading in a material respect;
• Any judgment is obtained against you and remains unsatisfied for more than 7 days or any distress or execution is levied against your property;
• You die;
• You cease to be a resident of the UK;
• You cease to have a UK bank account;
• We ask you to provide us with the location of the Equipment and you do not do so;

If any of the events specified above apply and your Lender terminates the agreement, you will no longer be in possession of the Equipment with their consent. They may also:

• Demand the prompt return of the Equipment; 
• Prevent the Equipment’s use or resale (by alerting the relevant authorities as to the Equipment’s identity and by restricting usage of the control software);

(c)  Where the Equipment has not yet been delivered, withhold or withdraw such delivery.

(d) Recover from you the sum, calculated as at the date of termination, equal to the aggregate of:

(i) Any sums due under their agreement with you that are in arrears; 

(ii) Any other sum due to them under the agreement at termination; and

(iii) An Early Termination Charge to compensate them for the early termination of the agreement. The Early Termination Charge will be calculated as the balance of Loan Payments that would be payable up to a term of eighteen (18) months had the agreement not been terminated by your Lender.

If any of the events specified above apply, your Lender may also exercise our right to prevent the Equipment’s use or resale (by remotely restricting usage of the control software) without first terminating the agreement, as long as they reasonably believe that this is necessary to prevent the potential loss, sale, destruction of or damage to the Equipment.  This will have the effect of preventing you or anyone using the Equipment.  They will notify you before we do this and we strongly recommend that you contact your Lender to discuss your account in these circumstances.

9. Cancellation 

You can cancel your Loan agreement within the period which ends 14 days after the date the agreement is made without incurring any charge if you return at your own cost the Equipment to us in its original, unopened packaging within 30 days following the day you notify your Lender.

You may cancel this agreement by contacting your Lender, or:

(a) calling us on 0330 133 2855;

(b) emailing us at info@solareast.co.uk quoting your name, home address, phone number and details of the order; or

(c) contacting us via the chat application on our website quoting your name, home address, phone number and details of the order. 

10. Ability to change these terms

Your Lender may, by giving you 30 days’ notice in writing, vary the terms of your agreement in any of the following circumstances:

• to make changes to the way that they operate their business because of changes in technology or changes to their systems.
  • because they are required to do so (or it is reasonable for them to do so) in consequence of:
    • any legal or regulatory obligation or guidance to which they are subject;
    • any Court decision or decision of any ombudsman or other tribunal or decision-making person or panel; or
  • any request from any government department or regulator.
  • to reflect any change to them in the costs of their running their business (including, but not limited to, any costs they incur as a result of any change falling within paragraphs (a) and (b) above).
  • to make changes that are to your benefit or do not materially disadvantage you.
  • to make the terms clearer or easier to understand.

11. Complaints

Complaints will be handled in accordance with SolarEast’s Complaints Policy, a copy of which is available on request.

You may make a complaint by:

• calling us on 0330 133 2855
• emailing us at info@solareast.co.uk; or
• writing to us at SolarEast UK Ltd, Unit 2 Planet Place, Killingworth, Newcastle upon Tyne, NE12 6DY.

However you choose to contact us, we will aim to resolve the issue promptly. 

If the issue is more complex or we can’t resolve the problem promptly:

• We will send you a letter to acknowledge your complaint. 
• Once we have completed our investigation into your complaint we will send you a final response letter. This will confirm our decision on your complaint, what we propose do to put things right, and information about the Financial Ombudsman Service.   

12. Your right to complain to the Financial Ombudsman Service

Where you are not satisfied with our final response, where you are eligible, you will have the right to refer your case to the Financial Ombudsman Service (FOS). Their address is:  Financial Ombudsman Service, Exchange Tower, London, E14 9SR. 

More information about the service can be found on their website www.financial ombudsman.org.uk, by calling them on free phone 0800 023 4567, or emailing them at complaint.info@financial-ombudman.org.uk. FOS also provide an online complaint form which is available on their website at  https://help.financial-ombudsman.org.uk/help

13. Other important terms

We will use, store and process your personal data in accordance with our Data Protection Notice, which is available on request. 

Where we are permitted to do so by law we may send any communication or document to you (including this agreement and any notice or document under the Consumer Credit Act 1974) in PDF format to the email address specified on the front page of the agreement (or such other email address as you notify us of). By entering into this agreement you agree that we may communicate with you in this way. 

Any choice not to exercise our rights against you (either in full or in part) or to grant you any concession, will not in any way constitute a waiver of such rights or a variation of this agreement. Any and all waivers and variations must be in writing. 

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Your agreement constitutes the entire agreement between you and your Lender. You acknowledge that in entering into this agreement, you are not relying on any statement, representation, assurance or warranty that is not set out in your agreement.

Your rights arising before the termination or expiry of your agreement (howsoever arising) will remain in force, notwithstanding any such termination or expiry.

Your rights and duties under this agreement cannot be transferred without your Lender’s prior written consent.

Your Loan contract will be between you and your Lender. No other person shall have any rights to enforce any of its terms (unless those rights have been assigned to them) and no third party is entitled to benefit under this contract under the Contracts (Rights of Third Parties) Act 1999.

The Loan agreement is governed by English law (unless you live in Scotland or Northern Ireland, in which case it will be governed by Scots law or Northern Ireland law, as applicable). You or your Lender can bring legal proceedings in the courts of England and Wales who have exclusive jurisdiction, unless you live in Scotland in which case you or your Lender can bring legal proceedings in either the Scottish or the English courts or if you live in Northern Ireland you or your Lender can bring legal proceedings in either the Northern Irish or the English court.