Conditions of Sale
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Supplier;
1.5 “Services” means the services that the Buyer agrees to buy from the Supplier;
1.6 “Supplier” means Smartdhome (UK) Ltd of 18, Model Farm, Stowmarket, Suffolk IP14 2JG that owns and operates Ecodhome.co.uk
1.7 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 “Website” means Ecodhome.co.uk
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier’s address stated in clause 1.6.
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in web-shop section of the Ecodhome.co.uk website.
4 PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT. Where applicable, the price excludes delivery charges, which are shown separately.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made at the time of confirming the order through the webshop.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
4.6 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 3% per annum above the base rate of Barclays Bank plc from time to time in force.
5 PERFORMANCE OF SERVICES
5.1 The Supplier shall begin to perform the Services at the time of commissioning for goods requiring the provision of Services, namely the Virtuoso Home equipment.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
5.3 The Services where applicableare are subject to an initial contract period of twelve months and shall continue thereafter on an annual basis unless and until terminated in accordance with clauses 5.4 and 5.5.
5.4 Subject to clause 5.3, either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days’ written notice, and any payment due remains payable and, if already paid, will be refunded.
5.5 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
7.1 Goods supplied within the UK will normally be delivered within 7 working days of acceptance of order.
7.2 Goods supplied outside the UK will normally be delivered within 10 working days of acceptance of order.
7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.4 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8 CANCELLATION AND RETURN
8.1 The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier by email within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods and receive a refund by informing the Supplier [METHOD] within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer.
8.5 Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.6 Goods to be returned must clearly show the order number obtained from the Supplier on the package.
8.7 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
15 SMARTDHOME (UK) LTD PURCHASING PROCEDURE
Contract Formation and Electronic Contracting
The steps required to create the contract between you and SmartDHOME (UK) Ltd are as follows:
+ You place the order for your products on the website by pressing the CONFIRM button at the conclusion of the checkout process. You will be guided through the process by a series of simple instructions on the website.
+ We will send you an order acknowledgement by email detailing the products you have ordered. This is not an order acceptance or order confirmation.
+ as your product is shipped from our warehouse we will send you a despatch confirmation email.
+ Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions describes below.
Non-acceptance of an order may be a result of one of the following:
+ The product you ordered being unavailable from stock
+ Our inability to obtain authorisation for your payment
+ The identification of a pricing or description error
Contract cancellation under the Distance Selling Regulations
You are entitled to cancel this contract if you so wish provided you notify us no longer than 7 working days after the day on which you receive the products.
If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price and the delivery charges, provided you have notified us in writing no longer than 7 working days after the day you receive the goods, and that you have taken reasonable care of the products and not used them. Goods must be returned in secure packaging to prevent damage during transit.
SmartDHome Cloud Terms and Conditions
Chapter 1 – General rules
Article 1 (Purpose)
These Terms of Service (the “Terms”) are made in order to provide rights, obligations and responsibilities between Smartdhome Ltd. (the “Company”) and its customers in relation to cloud services (the “Service”) offered by the Company.
Article 2 (Definitions)
(1) “Customer (s)” means any person authorized to use the services offered by the Company and has subscribed to the service by registering on the Company’s website or through the Client program.
(2) The “Service Contract” means a contract signed between the Company and a customer for the use of the Services.
(3) “ID” means a combination of letters and numbers selected by the Customer and accepted by the Company as an identifier of the customer during use of the Services.
(4) “Password” means a combination of letters and numbers configured by the customer to protect their personal data and to authenticate their identity.
(5) “Services” means the various Internet-based services that the Company offers through its website or any derivative works based on the internet. Representative services include services for applications that consist of different types of web services.
(6) “Website” means the website where the Company offers services to these terms.
(7) “Device (s)” means devices or digital applications used by clients to access the Services, including gateways, connectivity devices, personal computers, tablets and smartphones.
(8) “Client” means the programs installed on the devices for the use of the Services.
(9) “Content ” means data collected, demographic information, documents, video files and any other information submitted by a customer during use of the Services.
(10) “Storage Server” means an area of virtual storage where the contents can be stored.
Article 3 (Validity of and Amendment of Terms)
(1) These Terms shall be effective from the moment the customer accepts the agreement made by the Company’s website, the pages linked to the Service or any other means provided by the Company.
(2) The Company has the right to amend these Terms at any time (the “Amendments”) provided that such amendments do not violate any law.
When the Company amends these terms, it will announce the revised terms along with details of the Amendments, showing them (along with the effective date and the reasons for the amendments) on the home page of the website, for a period of seven days prior to the effective date of the amendments.
In the case of amendments which result in a significant impact on the rights or obligations of the Customer, details of the Proposed Amendments will be announced 30 days prior to the date they come into force.
(3) a customer will be deemed to have accepted any amendments unless they act explicitly in order to reject them.
In the case where a customer rejects the amendments, the Company reserves the right to terminate these Terms and the Services immediately and without notice to the customer.
(4) The Company shall not be responsible for damage to, or loss suffered by, Customers because of their inability to comply with an amendment to the Terms, provided that the Company has followed up on all of its obligations under this Article in relation to these amendments.
Article 4 ( Notice to Customers)
(1) The Company has the right to notify customers using e-mail, text messages, notifications, and other media.
(2) When the Company is required to provide a notice to more than one customer, the company, rather than performing individual alerts for each individual customer, can publish the details of such notices on the website or pages related to the service.
Chapter 2 – Service Contracts
Article 5 (Establishment of Service Contracts)
(1) A service contract is formed when: (i) a person who wishes to become a customer: (a) agrees to these Terms, and (b) submits the applicable application form provided by the Company in any form and (ii) such application is accepted by the Company.
(2) Applicants must complete the application form accurately and truthfully .
Access to Services for Customers who provide false information, will be immediately terminated, as soon as the Company is aware of these facts.
(3) As part of the application process, each applicant must enter an ID, sometimes provided directly by the Company, which will be used as a unique identifier for that applicant.
Article 6 (Limitation acceptance)
The Company has the right to refuse or delay its acceptance of any request in the following cases:
(1) data belonging to others or false information provided by the applicant or required data is not provided by the applicant; (2) the applicant intends, in the opinion of the Company, to use the Services for unlawful purposes, including the pursuit of profits or breaking the applicable law; or (3) the request is made by a previous customer whose service contract has been terminated.
Article 7 (Termination of Service Contract)
(1) Termination by Customer
1. Customers may terminate their Service Agreement at any time by giving notice to the Company through the website or through any other means of contact provided by the Company.
2. The Company will process all requests for a speedy termination after receiving them. The Company may require identification to authenticate the customer.
3. Any customer who voluntarily terminated their service contract may re-register for the service with a new ID.
(2) Termination by the Company
1. The Company may terminate any Service Agreement at any time by alerting the customer when the customer has: (a) infringed the intellectual property rights of the Company or other third parties; (b) caused, or, in the opinion of company, would be likely to cause damage to the reputation of the Company or of other customers or third parties; (c) committed or attempted actions that act to prevent, restrict or adversely affect the provision of services by the Company; (d) provided false information in relation to their application request; (e) violate these Terms; or (f) committed illegal acts in relation to the Services.
2. The Company may also terminate all Service Contracts in cases where the Company has decided to discontinue the Services.
(3) Any loss or damage caused by the Customer in connection with the termination of the Service Agreement pursuant to this article shall be entirely borne by the customer, subject to termination and the Company will have no liability in connection with such termination.
(4) Upon termination of the Service Agreement , the Company will immediately delete all data associated with that customer, including all personal data stored on the Content Server Storage. However, some data will be kept by the Company solely for use in connection with the operation of the website.
Chapter 3 – Use of the Services
Article 8 – (Details of the Services)
The Company will provide the following services:
(1) the ability for the customer to transmit content between devices, to load contents of and / or download from the Content Storage Server.
(2) the ability that the contents are transmitted between the server and storage devices via any network technologies.
(3) 2 years of storage for each customer on the Content Server Storage. Additional storage can be purchased by the customer with prior agreement with the Company.
(4) The content stored on the server storage can be cancelled by the Company upon termination of these Terms and / or the Services. The Company will engage in a reasonable manner in order to offer the customer a reasonable advance notice prior to cancellation of the Content.
(5) To keep their software resident on the client device (s) or server systems.
Article 9 (Cost)
The Company will provide the Services to Customer at cost as agreed from time to time.
Article 10 (Home Service)
The Company will begin providing the Service after the date on which the client requires the service for the first time after accepting the request of the Customer by the Company .
Article 11 (Service Availability)
(1) The Company will engage in a reasonable manner to provide service 24 hours a day, 365 days a year, unless extraordinary operational or technical difficulties prevail. The Company may, at any time, change the hours of availability of specific sections of the Service by posting a notice on its website.
(2) In cases where the Company is unable to provide the Service due to technical or operational failures, the Company will engage in a reasonable manner in order to advise as soon as possible of this fact on the home page of the website or on Client programs, but will not be responsible in any way for issues related to these failures.
(3) If the Company decides to discontinue the Service , the Company will notify all customers of the date on which the Service will be interrupted and all Service Contracts will terminate on that date.
Article 12 (Change of Service)
(1) The Company may at any time add, modify, or remove any or all of the Services or the hardware responsible for the provision of the Services or change the hours of operation of the Services.
(2) The Company will notify customers about the changes to the Services made pursuant to Article 12 (1), including details of the changes made to the Services and the dates these amendments come into force. However, the Company will have no obligation to provide such notification in cases where advance notice is impossible or immediate changes are required due to circumstances beyond the control of the Company .
(3) The Company shall in no way be liable to Customer in respect of any losses that arose as a result of changes to the Services.
Article 13 (Provision of information and advertising)
(1) The Company can provide customers various kinds of information using the website, on pages related to the Service or by mail, e -mail, SMS or otherwise (“Information”) .
Customers have the right to notify the Company if they do not wish to receive such information and , in the event that the Customer provides such notice , the Company will exclude Clients from the receipt of such information.
(2) The Company may display advertisements or provide together with the information (the “Advertisement “).
In order to provide advertisements tailored to the individual customer , the Company is entitled to use the personal data provided separately by the Customer to the Company , including data such as age, gender and location.
In order to offer innovative services to the individual customer , the Company may use any Content stored on the Storage Server.
(3) The Company shall not be liable in relation to advertising and the products and services of third parties advertised. Furthermore, the services offered on the sites linked to or from the website or from the pages related to the Service (other than those operated by the Company) are made independently by the Company and the Company is not responsible for any damages and / or losses incurred by the customer as a result of transactions or communications in accordance with those third parties.
Article 14 (No resale)
The Customer will not use the Services and any of their parties for commercial purposes , by means of copies , duplication, sale, resale or transfer of the Services to any third party unless otherwise agreed in writing .
Article 15 (Compensation)
The Company has the right to seek compensation for damages from the Customer who intentionally breaches these Terms.
Article 16 (Contact address of the Company)
The name and full address of the Company are as follows:
(1) Name of the Company: Smartdhome UK Ltd.
(2) Address: 18 Model Farm, Combs, Stowmarket, Suffolk IP14 2JG.
(3) Telephone Number: 01449615117.
(4) Email Address: [email protected]
Chapter 4 Obligations of the parties to the contract
Article 17 (Obligations of the Company)
(1) The Company provides free updates to the Client for customers who have subscribed to the regular fee of Service.
(2) The Company shall operate quickly to complaints received from the Customer in connection with the Services and the Company will keep an up to date record of their complaints.
Article 18 (Obligations of the Customer)
(1) Customers must comply with these Terms and in particular must not:
1. Provide false information when completing the application form to gain access to the Services.
2. Use the ID or password of other customers without authorization or illegally.
3. Use the Services or access the systems for purposes other than those originally intended.
(2) The Customer will co-operate with the Company to resolve bugs discovered in the Service or in the associated technological devices and, in particular, promptly inform the Company by e-mail or through the help desk service in the event of discovery of bugs during the use of the Services.
Article 19 (customer ID and password)
(1) The Customer will be responsible for the conservation and protection of their ID and password.
(2) The Customer will not allow any third party to use their ID or their passwords. Customers will alert the Company swiftly and will follow its instructions in case they discover that their ID or password has been used by third parties without their approval or authorization.
(3) The Company may at any time require the Customer to change their password or act in order to protect the personal data of customers or to prevent the unlawful use of the Services. Customers will complete all these requests as soon as possible.
Chapter 5 Other
Article 20 (Exemptions and compensation)
( 1) The Company shall have no liability for any damage or loss caused by: 1. inability of the Company to provide the Services due to natural disasters, increase in service traffic, or any other unforeseeable event which prevents or restricts the provision of the Services by the Company; 2. intentional acts or negligence on the part of clients that involve failure of the Service; or 3. indirect losses due to failure of the Service or the information obtained from the Services.
(2) The Company is not responsible for the contents of any data or information uploaded or stored on the Server Storage by customers, including their accuracy or reliability .
Article 21 (Payment of Fee)
In the event of late or non- payment of fees, use of the Services will be locked automatically without the need for prior formal notice by Smartdhome.
Smartdhome can restore the usability of the Services only after full payment of fees; still at the Companies discretion.
Article 22 (Prohibition of assignment)
The use of software in the device (s) should be by the customer only. The Customer may not assign without the prior written consent of Smartdhome in any way and license in any form, software or material related to it.
Violation of this prohibition will result in the right of termination of this contract and the obligation for the customer to compensate for Smartdhome all consequential damages, including damages arising out of the improper use of the software by unauthorized third parties, as well as the same responsibility in accordance with current legislation regarding the protection of industrial property.
Article 23 (Assistance and updates)
The fee entitles you to receive all free software updates that may be made available by the Company.
Unless otherwise expressly agreed in the terms of service contracts , the technical support will be provided through the telephone number or on-line for a fee, and is directly overseen by the technicians of the Company, on weekdays from 9:00 to 13:00 and from 14:00 to 18:00.
The service will not be guaranteed during the Christmas and Easter holidays.
The determination of the mode of action and related operations is left exclusively to the Company, which shall decide, at its sole discretion, which to perform.
The Company therefore reserves the right not to perform service if it considers more convenient replacement of the device (s) with any updates to the same or to divert these activities to partners in your area.
Article 24 (Severability)
In the event that any party to these Terms shall be unlawful , invalid or unenforceable in another way by the courts or regulators, then, if required, that part will be removed from the Terms and the remaining portions of these Terms will still be applicable .
Article 25 (Transfer of Rights)
Customers may not assign, sub -license or otherwise transfer any of their rights or obligations under these Terms to other people.
Article 26 (Applicable law)
(1) In the event of a dispute between the Company and a customer in connection with the Services, both parties will endeavor to settle the issue amicably.
(2) All disputes subject to these Terms will be governed by United Kingdom law and both parties hereby agree to be subject to the exclusive jurisdiction of the English courts.