Terms and Conditions for the supply and installation of smart devices
By purchasing a smart device and installation through HomeServe, you agree to the following terms and conditions. Please read them carefully – important terms are highlighted in bold.
“Installation” means the installation of a Product in your home.
“You” or “Your” means the person purchasing and requiring a smart device to be installed at their property.
“Homeserve” or “we” or “us” means Homeserve Membership Limited, Cable Drive, Walsall WS2 7BN (registered in England with number 2770612, VAT No: 559 669 669), including any subcontractors.
These Terms will apply to any contract between you and us for the sale and installation of Products (Contract). Please read these Terms carefully. If you do not accept these Terms, you will not be able to order any Products from the site. We suggest you print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time. Every 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.
1. After you place an order, you will receive an email from us acknowledging that we have received your order. We will send you an e-mail confirming that the Product has been dispatched (Dispatch Confirmation).
2. Summary of your legal rights. 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.
With regard to the Product, 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.
With regard to the applications to operate the Product, 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.
With regard to the Installation, 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.
3. If we are unable to supply you with a Product, for example because that Product is not in stock, we will inform you of this and we will not process your order. If you have already paid for the Products, we will refund you the full amount charged as soon as possible.
4. The 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 and/or their packaging may vary slightly from the images on our site.
5. Minor changes to the products. We may change the Product: a) to reflect changes in relevant laws and regulatory requirements; and/or b) to implement minor technical adjustments and improvements.
6. We may have to suspend the supply of a product to: a) deal with technical problems or make minor technical changes; b) update the Product to reflect changes in relevant laws and regulatory requirements; c) make changes to the Product (see Paragraph 5).
Your right to end the Contract and Refunds
Cooling off rights
7. You have the right to cancel a Contract for the period up to 14 days after the day on which your Product was installed (Cancellation Period).
8. This means that during the Cancellation Period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Please see more details about cancellation and refunds in Paragraph 10.
9. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is contact our Customer Services team by telephone on 0800 953 3080. We will confirm this in writing to you. If a Product has been delivered to you, then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please return the Product using the freepost address provided on the call. Please ask for a Certificate of Posting when returning the Product to us as proof of postage.
Your right to end the Contract
10. You can always end a Contract if:
- a) The Product/Installation is faulty or does not conform with its description;
- 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; or
- d) We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons.
You will have 30 days from the day of delivery to reject the faulty or non-conforming Products. During this 30 day period, you may choose to have the Product repaired or replaced. If the Product is still faulty or non-conforming after a repair or replacement or a repair or replacement is not possible or not carried out within a reasonable time and without significant inconvenience to you, you will be entitled to reject the Product or a price reduction.
11. If you cancel your Contract we will:
- a) Refund you the price you paid for the Products / Installation. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
- b) Reimburse all payments received using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. Please ask for a Certificate of Posting when returning the Product to us as proof of postage.
12. Where you exercise your cooling off right or your legal right to end the Contract, you must return the Product to us.
13. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full and any reasonable costs you incur in returning the item to us. Unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us.
14. During the online sales process, we will give you an estimated delivery date. Delivery 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.
15. The price of a Product includes delivery charges.
16. You own the Products once we have received payment in full. The Product will become your responsibility from the time we deliver it to the delivery address you gave us.
17. If we fail to deliver your Product 30 days after the date of Dispatch Confirmation, you may cancel your order straight away and we’ll refund any sums you have paid to us for the cancelled Products and their delivery.
18. We will endeavour to carry out all installations within 28 days of purchase, where this is convenient for you. We will make every effort to complete the Installation on time and within the agreed time slot. Where this isn’t possible, we will endeavour to give you as much notice as possible and rearrange the appointment with you. Installations usually last around two (2) hours and are carried out Monday to Friday between 9am and 5pm.
19. A working, always-on internet connection must be available at the place of installation. In order to use all the features of the mobile applications a mobile data connection is required. The availability and functioning of the internet connection is your sole responsibility.
20. During the appointment, we may have to suspend the Installation if we have to deal with technical problems or other issues (for example, asbestos). Where this is the case, we will inform you immediately.
21. During the appointment, we may identify that additional work is required for the Installation to be made. Where this is the case, we will inform you immediately and if there are any extra charges, we will agree those with you in advance.
22. We will endeavour to provide the Installation without causing unnecessary damage to your property, but please be aware that the Installation may cause damage around the area of installation and that you may need to redecorate. We will fill any holes and leave the surface level but will not replace the original surface or construction. Any redecoration or repair of damage that may be needed following our work is your responsibility, unless we have been negligent.
23. We guarantee the Installation for a period of 12 months from the date of Installation.
24. If we have to cancel an Installation before it has started due to an Event Outside Our Control or the unavailability of key personnel or key materials necessary to provide the Installation, we will promptly contact you if this happens.
Price of products and payment
25. The prices of the Products will be as quoted on the site at the time you submit your order. Our prices include VAT. If we discover an error in the price of Product(s) you ordered, the following shall apply: where the Product's correct price is less than the price stated on the site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products at the incorrect (lower) price.
26. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided upon registration of the Products. A manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
27. We will not be liable or responsible for any failure to perform, or delay in performance (for example delivery) of our obligations under a Contract where this is caused by an Event Outside Our Control, meaning any act or event beyond our reasonable control (including without limitation strikes, lockouts 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 public or private transport). If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you and we will endeavour to provide the Products as soon as reasonably possible. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Products.
28. 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. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
29. We are not responsible for the following:
- a) Any costs, loss or damage that you suffer as a result of not using the Product in accordance with the manufacturer guidelines;
- b) Any costs, loss or damage that you suffer as a result of a problem caused by your mobile phone, internet connection or heating system;
- c) Any increase in your utility bills;
- d) Any costs that you incur as a result of exceeding the permitted data limit on your broadband or mobile phone;
- e) Any loss or damage caused as a result of downloading or upgrading the software connected to the Product;
- f) Any costs, loss or damage that you suffer as a result of any unauthorised use of your mobile phone (e.g. if it is lost or stolen);
- g) Any loss or damage you suffer as a result of you or anyone else altering the radio frequency allocations of your system controls;
- h) Replacing the batteries for your Product;
- i) Any matters relating to the broadband internet connection to your home.
30. You acknowledge that access to the software applications and terminal devices for the smart control of your heating may be interrupted to the extent this is necessary for compelling reasons, e.g. due to necessary or routine maintenance of servers, programs or the necessary infrastructure, unauthorised data or computer access, or in order to eliminate unforeseen vulnerabilities. Where possible, you will be informed in advance.
31. We will use the personal information you provide to us to supply you with the Product/Installation. By placing an order, you agree and understand that we may store, process and use data collected from your order of the Product/Installation, including software updates, delivery and installation. We’ll keep that information safe and secure and only process it in accordance with the Data Protection Act 1998. We work with other companies that help provide the Product/Installation to you and as such we may have to share certain information with these companies for this purpose. We may pass your information on to EDF Energy, our own group companies and other third parties for training and statistical analysis. We, or they, may also use your information to contact you via the telephone or post with products, services and/or promotions that we think may be of interest to you. If you do not wish to be contacted with any promotions please contact us at 0800 953 3080.
32. Notwithstanding your acceptance these Terms and Conditions (including the policies referred to herein) shall take precedence in case of conflict.
33. We may transfer our rights and obligations under these terms to another organisation. We will always notify you in writing if this happens, but this will not affect your rights or our obligations under this agreement.
34. If you have any questions or if you have any complaints, please contact us at 0800 953 3080.
36. These Terms and Conditions, the Privacy and Cookies Policy set out the entire agreement between you and us.
37. These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. 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.