Herein lies our General Terms and Conditions - United Kingdom and Northern Ireland only:
1. Information about us:
1.1. The Site is operated by the 'Nü Savings Group Limited,' also known as 'NSG' (“we”, “us” and “our”). We are registered in England and Wales under company number 13335912 with our registered office at 76 Hepscott Terrace, South Shields, NE33 4TJ. We provide access to eCommerce Digital Products and Services and other miscellaneous products and services offered by third-party companies. Please note this is not limited to any subsidiaries, trading names, and any other entities we may legally own or transfer under these Terms and Conditions;
2. How the contract is formed between you and us:
2.1 'The Purchase' is defined as any order, booking, or reservation; or when you place an order to purchase a Product or Service advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and amend or correct any input errors in your order up until the point at which you submit your order by clicking the "Proceed to Secure Payment" button on the "Payment details" page. No amendments can be made by you to your order after this point. The only exception is when you place an order or make a request for a Product or Service which needs to be tailored and you shall be invoiced for this separately.
2.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order and giving you an order number and a summary of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product or Service is to be administered or for a Physical Product that has been dispatched (the Dispatch Confirmation). The contract between us for the sale of a digital or physical Product or Service will only be formed when either we provide confirmation that the contract has been duly signed and dated by 'The User'; or, we send you the Dispatch Confirmation for the relevant Physical Product. If you order several Physical Products from us which are being delivered at different times or separately from a 3rd Party Supplier, each contract is formed when we provide the Dispatch Confirmation for each Product.
2.3 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.
2.4 We may be unable to process your order if:
(a) the Physical Product you ordered is out of stock or discontinued; or
(b) a 3rd Party Supplier has for any reason been unable to action your order for a Product they supply;
(c) there is a problem with the authorization of your method of payment.
2.5 All Products and Services made available on the Site are subject to age restrictions imposed by law. We define:'The User' as anyone 18+ (Age of Legal Capacity) engaging with NSG in any official capacity and covers domestic, incorporated, and unincorporated entities. This extends to anyone such as an employee, independent introducing broker (IIB), agent, or affiliate regardless of whether they have an independent legal status.
We are not permitted by law to supply Products or Services to individuals who do not satisfy the relevant age requirement and, if you are underage, you must not attempt to order these Products. By registering on the Site, using the Site, and/or making a purchase, you confirm and certify that the information you provide, including but not limited to, your date of birth is complete, accurate, and up-to-date.
3. Understanding The Service
'The Service’ is defined as any authorized person(s) or authorized entity who undertakes a) a digital quote (RFQ) for a Product or Service, b) makes a purchase for a Physical Product, c) sends an official email instruction to tender or request a proposal (RFP), d) signs a legal Letter of Authority, or provides written instruction(s) with their confirmed digital consent (DocuSign®) or equivalent to provide guidance, comparisons, tenders, estimates, or quotes. Please note that in cases of verbal agreements, we will always send an email confirming the content of our conversation and for you to acknowledge receipt and that this requirements payment;
4. Supplier Details:
'A Supplier’ is defined as any entity or third party that NSG may introduce The User to, or maybe present on any quotes (RFQ) or illustrations. Alternatively, for physical products, this can be an order fulfilled from a third-party company or supplier.
Disclaimer: For procurement of digital products or services. Please note we refuse to be used as a pricing tool to procure a better offer from an incumbent (aka current) supplier(s), an existing broker, consultant, or savings group in direct competition with us. Please note that you will be invoiced for any administration we have already completed or fees we have paid to a third party for a service you requested;
5. Legal Obligation:
'The Contract’ is a legal agreement between The User and A Supplier, which has its own Terms and Conditions between the third party and The User, which NSG has no control of;
6. Delivery of Physical Products
'The Delivery' is a legal obligation whereby we will deliver Physical Products to you in accordance with the delivery option specified by you when you placed your physical order (e.g. Next Day or standard delivery and order and collect). NOTE: IF YOUR PRODUCT IS TO BE SUPPLIED BY A 3RD PARTY SUPPLIER, NEXT DAY DELIVERY OR ORDER AND COLLECT IS NOT ALWAYS AVAILABLE, ONLY STANDARD DELIVERY TO A POSTAL ADDRESS IS AVAILABLE.
6.1 We will dispatch all Physical Products comprised in your order which are supplied by us at the same time albeit on some occasions in multiple packages. If your order contains Products supplied by a 3rd Party Supplier, the 3rd Party Supplier will undertake delivery directly to you from their stock and this may or may not arrive at the same time as orders which are dispatched by us. Delivery will be made to the delivery address specified in your order. Please see Delivery Information for details of where we deliver and the available delivery options. We cannot deliver items within the same order to multiple addresses. We are not responsible for any additional carrying or positioning of Products ordered.
6.2 For certain bulky or heavy items, there will be a delivery charge, which will be added when you get to the checkout screen. Please ensure that you are satisfied with any delivery charges and/or administration fees, before confirming your order for Physical Products at checkout.
7. Risk and Ownership
7.11 Physical Products:
Once delivered, the Products ordered will become your responsibility and, except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage, or destruction after they have been delivered.
7.12 Ownership of Physical Products:
(a) If you have ordered Products to be supplied directly from us (and no 3rd Party Supplier Products) ownership will pass to you on: the delivery of Products; or us receiving full payment of all sums due in respect of the Products (including delivery charges), whichever is the later;
(b) If you have ordered Products to be supplied directly by a 3rd Party Company or Supplier (and no Products to be supplied directly from Us ) ownership will pass to you when full payment of all sums due in respect of the Products provided by the 3rd Party Supplier has been received by us, or delivery of such Products is made, whichever is the later;
(c) If you have ordered more than one Product and one or more of the Products is to be supplied directly from us, and one or more of the Products is to be supplied directly from a 3rd Party Company or Supplier, ownership of the NSG Products will pass to you on delivery and ownership of the 3rd Party Supplier Products will pass to you either on delivery of the 3rd Party Supplier Products; or us receiving full payment in \respect of the all sums due under your order, whichever is the later.
7.2 Digital Products and Services:
The User accepts that in the event of any dispute or liability which cannot be defined that the legal jurisdiction of England will apply and you and that the matter will be submitted to an English Court of Law (e.g. Small Claims Court) or the High Court of Justice (where applicable). To protect our financial interests and to deter others from a similar course of action; you may be pursued via different methods, for domestic cases; an Administration Order or Bankruptcy Order (or equivalent), or a Charging Order against a freehold or leasehold property. For company cases; a Winding Up Order or a floating charge against a company asset. If you fail to co-operate with the court's findings; we will instruct bailiffs to collect any monies owed or take business assets to the value of the outstanding sum(s) and you will be responsible for their fees and any other auction fees;
7.3 Personal Liability:
In such cases where your business or company has entered into voluntary or compulsory redundancy, and we have chosen to not be a party to liabilities incurred by your business or company; you agree that we have the right to take personal action whether a) court processes or b) insolvency procedures against you for the collection of any monies owed. Please note this action will be taken in the following circumstances; 1) whereby you held a position of responsibility 2) you knew that your business or company was not legally solvent and therefore you were not in the financial position to make payment 3) you willfully neglected to inform us of these circumstances prior to issuance of a digital order, booking or reference.
By using The Service, The User accepts the Terms and Conditions herein, Terms of Supply
7.5 Verbal Understanding
The User accepts that the Terms and Conditions represent the Entire Agreement and supersedes any previous verbal understanding and you will have received a digital email or postal correspondence confirming this in writing;
8. Legal entanglements
NSG does not accept any liability for errors or negligence in providing The Service in any event. The User will indemnify NSG and its Partners against claims of loss of income;
9. Personal and/or Company Data
The User accepts that NSG will store data associated with providing The Service, the charge for this is £12 per year to secure this on our servers;
10. Intellectual Property
The User will strictly respect NSG's intellectual property including but not limited to Copyright, Trade Marks, confidential information, goodwill, and any other data owned or digital software created by our company;
11. Good Faith
All Users must engage with NSG in good faith and not use The Service in any way against NSG's interests;
12. Refer for Quotation (RFQ)
Any quote or illustration provided by NSG cannot be taken as a guarantee that A Supplier will accept The Agreement;
13. Users' Responsibility
The User must satisfy themselves and carry out their own due diligence associated with A Supplier, The Manufacturer, or The Retailer and The Agreement before committing to any contract. Early termination fees, minimum spend, and other conditions may be contained within a Supply Contract. The Contract with A Supplier, The Manufacturer, or The Retailer is a separate agreement subject to its own Terms and Conditions between The User and The Said Company. The User cannot accept The Contract on any assumption or pledge from NSG. The User recognizes that any dispute in relation to The Contract does not provide The User with legal redress against NSG or any affiliated companies owned by the parent group. In no circumstances, will NSG be liable for any failure or any loss of any kind on NSG failing to fulfill its obligations for circumstances beyond our control. To maintain its independence, NSG only provides access to eCommerce digital products and services or third party products (NB. we can, however, on occasion, act as an intermediary between The User and A Supplier);
14. Moving or Vacating Premises
In the event, The User is moving or vacating premises NSG must be given notice as quickly as is reasonably practical. For the avoidance of doubt, NSG needs to have a minimum of 30 days for any service termination notice prior to vacating any business premises or the selling of any domestic property used for business purposes;
15. Abuse of The Service
Should The User cancel a legal binding contract or contracts, cancel their direct debit mandate without notification, fail to make adequate provisions for payment or payments; or wilfully instruct another intermediary to undertake a Change of Tenancy (based on false testimony or evidence), or not provide 30 days notice prior to vacating business premises or the selling of a domestic residence used for business purposes, NSG will be entitled to charge an administration fee of £1000+VAT for the first Digital Supply Agreement and £300+ VAT for any additional digital agreement(s) affected;
16. Accuracy of Information
The User must provide accurate information and co-operate as required with NSG in order for our company to fulfill The Service;
17. Supply Contracts
Management of Supply Contracts is the liability of The User. Where NSG is involved in the management of this it cannot be held liable for a failure to terminate or rejection of termination;
As part of The Service, NSG will use its own discretion in terms of A Supplier it compares and excludes from quotes. We demand high levels of client service from A Supplier and always appreciate constructive feedback. You can help us with this by following the link https://nsg.org.uk/contact us;
19. Third Parties
You must accept that during our administration, NSG will seek access to secure client data and share this with other Suppliers in producing quotes;
20. Bribery Act
The User must be mindful of the Bribery Act 2010 and comply with any other associated and relevant legislation;
21. Pre-Administration: Digital Product(s) or Service(s)
The User consents for NSG to undertake a credit check against any entity or individual deemed relevant in delivering The Service ;
The User consents to digital fees of £10 domestic RFQ quotes (non-refundable) and £15 business RFQ quotes (non-refundable) for initial access to our pre-administration and credit checks for this product or service;
The User consents not to rely on a telephone call for a Digital Product or Service they require. We do not record telephone conversations in any capacity for this very reason and rely on digital contracts or purchase of a Product or Service from our website.
For local businesses (Tyne and Wear), we charge a callout of up to £80 for an in-person meeting; this will not include indicative pricing; we provide a copy of our minutes and any information you have supplied us with.
22. Our Administration Fees - Digital Product(s) or Service(s)
As part of our Key Fact Document, please note the following information:
22.1 Digital Products and Services
Our income for NSG for procurement is derived from you, The User. Our choice of payment is limited to Base (Hourly), Base + (Daily Rate), Choice (Fixed Fee or Flat Rate), or Plus + (Per Site Fee). Or on occasion, we may receive a percentage of the sale of product(s) and services rendered. Please note that any final fee is bespoke and dependent on a range of factors (beyond our control) such as volume of meters, connections or equivalent (i), consumption or usage (ii), the complexity of administration required (iii), credit risk (iv), geopolitics (v), market conditions including supply and demand (vi), weather conditions (vii), acts of god (vii) or any other miscellaneous factors (x).
We only provide certain suppliers or companies that we have a professional relationship with or access to; it is the Users' responsibility to access pricing from another supplier whom we may have chosen not to work with. If we do not provide pricing from a particular supplier, it is because we have cause for concern about their a) ownership model, b) administration or c) customer services. In our brief selection, we will recommend suppliers who will provide the best possible service, savings (in time, money, and/or considerable administration), and damage limitation to The User;
22.2 Physical Products
(I) The price of any Physical Products will be as quoted on the Site from time to time, except in cases of obvious error.
(II) These prices include VAT at the applicable local rates but exclude delivery costs. Delivery costs will be added to the total amount due once you have selected a delivery service from the available options. These are set out in Delivery Information.
(III) Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
(IV) We cannot complete your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by completing the relevant details on the "Payment details" page.
(VI) The Site will in the future contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If a Product's correct price is different from the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
(VII) The Site may offer 'Web Exclusive Prices' on selected Products which will be cheaper than prices in bricks and mortar stores.
NSG requires all documents for the administration of The Service in writing; we do not undertake or accept verbal requests or undertake scripts for procurement, anything contractual must be signed by an authorized person or entity in wet ink or via DocuSign (or equivalent provider); or a digital order has been received via our store.
24. Third-Party Commissions
NSG also hereby informs The User, that for any Products or Services, in some instances, we may receive a commission or a recurring commission (renewal) per provision of service directly provided by a Third Party of up to 15%;
As part of our policy of transparency, we will provide our costs upfront prior to any pre-administration, administration, or post-administration or disclose received remuneration on request whether not otherwise informed of and this can be done by making a request in writing to the Nü Savings Group Limited, 76 Hepscott Terrace, South Shields, NE33 4TJ;
26. Legal Protections
If The User commits to The Contract with A Supplier this represents a legally binding document, there is no cooling-off period as standard. The only exception is for micro-businesses as per OFGEM guidance; whereby you have 14 days to decide whether you wish to proceed or cancel a contract. If you chose to proceed with the cancellation of your contract, you will be fully responsible for ANY out-of-contract or deemed rates. Other exemptions will be confirmed by The Contract provided by The Supplier;
27. User Data and/or Information
In the event that a quote or illustration is provided to The User contains invalid, or inaccurate data or information, The User will not hold NSG legally liable or responsible for this. Any 'Refer for Quotation' (RFQ) information will be used in any submission to a supplier or third party;
In case of any misunderstanding, NSG does not provide financial or legal advice with further costs or risks associated with any of its Services. The User must carry out their own due diligence and any decision-making is to be made by the authorized person(s) on any impartial recommendations, or data analysis imparted by NSG. Any off-the-record discussion is between a private individual and a prospective client or client and does not constitute NSG's position on any matter. Any verbal discussions are followed up in writing via email.
29. Protecting Clients
29.1 Unless The User terminates The Service, this will roll from a year to year contract. Where A Supplier requires an updated Letter of Authority to continue providing information on The User to help provide The Service, NSG will have The Users consent to generate a Letter of Authority with a validity period which has extended a year without needing to contact The User. Generating this new Letter of Authority may require NSG to create a new document, which is signed and dated on The Users behalf by NSG;
29.2 NSG is allowed to opt-out or can terminate existing contracts on behalf of The User, to provide The Service at renewal and prevent The User from facing out of contract or deemed rates;
30. Amendments to Terms and Conditions
From time to time NSG may choose to change its Terms and Conditions with notification to The User;
31. Termination of Service
31.1. Written Termination
Either party can terminate The Service with 30 days' notice. For The User to terminate The Service, you need to put this request in writing to the Nü Savings Group Limited, 76 Hepscott Terrace, South Shields, NE33 4TJ. If you fail to issue postage by first or second-class recorded delivery, NSG cannot be held responsible for the non-receipt of paperwork. We require an audit trail for our records and for compliance purposes. In addition, recorded delivery will provide The User with security as signature tracking or signed-for delivery will provide proof of receipt.
31.2 Digital Termination
For digital service, you must email us and a) attach a word document (or equivalent) with a digital signature or b) attach a digitally scanned document of your written instructions with wet ink signature and company letterhead, to your email. This email must be addressed directly to email@example.com and you must request a digital receipt; so that you can confirm that the email has been opened and recorded. If you have not received an email response within 48 hours confirming receipt, please contact us by telephone to ensure your mail was not received in our Junk Folder.
Any formal legal notices should be sent to us at our Client Services address set out in the Contact Us section.
33.1 If any of these Terms & Conditions are declared invalid, unlawful, or unenforceable, then that provision shall be deemed to be deleted from these Terms & Conditions and the remaining provisions shall remain in full force and effect.
33.2 We have the right to revise and amend these Terms & Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
33.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.
33.4 The User and we agree that English law applies to these Terms & Conditions and that any dispute or liability between us, arising out of or in connection with these Terms & Conditions will be set in the legal jurisdiction of English courts; unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
33.5 The User agrees that we have the legal right to protect our interests from a company's financial maladministration; and, to deter others from a similar course of action. As such, we will pursue claims as follows. For digital products and services, we have the right to undertake court action a) Apply for a Court Court Judgement (CCJ) or similar, b) Bankruptcy or Compulsory Liquidation c) Charging Order against a freehold or leasehold property in your sole name or joint name; or a floating charge against a company asset.
33.6 The User will accept all of any court's findings;
33.7 The User will co-operate with any bailiff or agent instructed to collect any monies owed, or confiscate, possess, and sell any assets to the value of any money outstanding. Collection and auction fees will be taken from the sale of these assets.
34. Contact Us
If you experience problems with ordering from the Site or have any questions with regard to an order, please feel free to Contact Us.
These Terms & Conditions were last updated in April 2022.