By purchasing LeakBot via HomeServe, you agree to the following terms and conditions. Please read them carefully – important terms are highlighted in bold.
This document provides you with information about us (HomeServe Labs Limited, Cable Drive, Walsall WS2 7BN registered in England with number 08442778, VAT No: GB 166 727 086) and the legal terms and conditions (Terms and Conditions) on which we sell LeakBot via our website www.leakbot.io/buy or www.myleakbot.com (our sites) to you.
These Terms and Conditions will apply to any contract between us for the sale of a LeakBot to you (Contract). If you do not accept these Terms and Conditions, you will not be able to order a LeakBot from our site. We suggest you print a copy of these Terms and Conditions or save them to your computer for future reference. We amend these Terms and Conditions from time to time. Every time you order a LeakBot from us, the Terms and Conditions 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 e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Acceptance will occur when you receive confirmation that a LeakBot has been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when the Dispatch Confirmation is sent.
Summary of your key legal rights. Nothing in these Terms and Conditions will affect your 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 LeakBot, 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:
2. If we are unable to supply you with a LeakBot, for example because it is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this and we will not process your order. If you have already paid for a LeakBot, we will refund you the full amount including any delivery costs charged as soon as possible.
3. The images of LeakBot on our site are for illustrative purposes only. LeakBot may vary slightly from those images. The packaging of LeakBot may vary from that shown on images on our site.
4. Minor changes to the products.
We may change LeakBot:
5. We may have to suspend the supply of Leakbots to:
Your right to end the Contract and refunds
Cooling off rights
6. You have the right to cancel a Contract 14 days after the day on which you receive a LeakBot (Cancellation Period). Your right to cancel a Contract starts from the date of the Dispatch Confirmation. For example, if we provide you with a Dispatch Confirmation on 1 January and you receive a LeakBot on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
7. 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 LeakBot, you can notify us of your decision to cancel the Contract and receive a refund. Please see more details about cancellation and refunds in Paragraphs 10 and 11.
8. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form at the bottom of these Terms and Conditions and email this to email@example.com. We will confirm receipt of form this in writing to you.
9. During the Cancellation Period, if a LeakBot has been delivered to you before you decide to cancel your Contract 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. For your return labels, please contact us at firstname.lastname@example.org. Please ask for a Certificate of Posting when returning the LeakBot to us as proof of postage.
Your right to end the Contract
10. You can always end a Contract if:
You will have 30 days from the day of delivery to reject the faulty or non-conforming product. During this 30 day period, you may choose to have the LeakBot replaced. If the LeakBot is still faulty or non-conforming after a replacement or replacement is not possible within a reasonable time and without significant inconvenience to you, you will be entitled to reject the LeakBot or to a price reduction.
11. If you cancel your Contract we will:
12. Where you exercise your cooling off rights or your legal right to end the Contract, you must return the LeakBot to us.
13. If you have returned the LeakBot to us because it is faulty or mis-described, we will refund the price of the LeakBot in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Unless the LeakBot is faulty or not as described you will be responsible for the cost of returning the LeakBot to us.
14. During the online sales process, we will give you an estimated delivery date. We will deliver the LeakBot as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Delivery of an order shall be completed when we deliver the LeakBot to the address you gave us and the LeakBot will be your responsibility from that time.
15. Any delivery charges are as indicated to you and accepted by you during the check-out process before you confirm your order.
16. You own the LeakBot once we have received payment in full, including all applicable delivery charges. The LeakBot will become your responsibility from the time we deliver it to the delivery address you gave us.
17. If we fail to deliver the LeakBot 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 the Leakbot and its delivery.
Price of products and payment
18. The prices of LeakBot will be as quoted on our site at the time you submit your order. Our prices include VAT. We take all reasonable care to ensure that the price of LeakBot is correct at the time when the relevant information was entered onto the system. If we discover an error in the price of Leakbot(s) you ordered, the following shall apply:
19. If the rate of VAT changes between your order date and the date we supply the LeakBot, we will adjust the rate of VAT that you pay (unless you have already paid for the LeakBot in full before the change in the rate of VAT takes effect).
20. You can only pay for the LeakBot using a debit card or credit card. You must pay for the LeakBot before we dispatch it.
21. Subject to meeting the Installation Criteria (set out below), LeakBot detects leaks from 5 ml per minute on the internal fresh water plumbing system in your main domestic property. The LeakBot does not prevent leaks. The LeakBot alerts you in case of a water leak through an SMS, app notification or an e-mail (an “Alert”).
For LeakBot to successfully detect water leaks on the internal fresh water plumbing system, the following criteria need to be fulfilled:
The LeakBot packaging will contain full installation instructions.
22. If a LeakBot cannot / does not comply with the Installation Criteria, we reserve the right to deactivate that LeakBot and offer you a refund of the price you have paid for the LeakBot.
23. For details of the LeakBot’s warranty, please refer to the warranty documentation provided with the LeakBot.
24. 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, lock-outs 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 and Conditions, we will contact you as soon as reasonably possible to notify you and we will endeavour to provide LeakBot 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 a LeakBot.
25. LeakBot is only for domestic and private use. You agree not to use a LeakBot for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
26. We are not responsible for the following:
27. We may deactivate your LeakBot on 7 days’ notice in writing (including by e-mail) where you harass or use abusive or threatening behaviour towards our staff or where we have reasonable grounds to believe that your LeakBot is being used for any commercial, business or resale purposes or otherwise in breach of these Terms and Conditions.
28. We may deactivate your LeakBot with immediate effect where we reasonably suspect fraud or suspect that you have exaggerated or deliberately given us incorrect information relating to this agreement. In this case, you are not entitled to a refund of the price you have paid for your LeakBot.
29. We may deactivate your LeakBot on a minimum of 7 days’ notice in writing (including by e-mail) if you received your Leakbot free from your insurance provider and:
If your insurance provider offered you a free (or discounted) repair(s) with your LeakBot, then following such deactivation you will no longer be entitled to receive such free (or discounted) repair(s). To the extent we are legally able to do so; we will contact you prior to any disconnection under this paragraph and provide you with the option to continue to receive the benefit of the LeakBot under a new service plan to be paid for by you.
30. If you received your LeakBot free from your insurance provider you must only install the LeakBot at the property which is insured with that insurance provider. If you move to a new house and stay with the insurance provider through whom you obtained the LeakBot you:
31. If you have purchased the LeakBot directly from us and you install it in a premises which you do not occupy, you must make the occupant aware of the presence of the LeakBot.
32. We may from time to time update the software in your LeakBot, we may do this remotely and without letting you know in advance. Any updates will be to improve the effectiveness, security and / or the performance of the LeakBot. Notwithstanding any such updates the LeakBot will continue to have substantially the same basic functionality as when you purchased it.
33. Any and all intellectual property rights in the LeakBot belongs to us.
34. You agree not to (i) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the LeakBot are compiled or interpreted, and you acknowledge that you have no right to obtain or use such code; or (ii) create any derivative product from the LeakBot or source code; save only for acts that are expressly permitted as a result of mandatory or non-derogable provisions of applicable law.
36. If you have any questions or if you have any complaints, please contact us at email@example.com.
37. We may transfer our rights and obligations under these Terms and Conditions 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.
38. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
39. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
40. 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.
41. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
42. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. In the event that we cannot resolve your complaint through our internal complaint handling procedure, HomeServe are required to provide you with details of an approved Alternative Dispute Resolution (ADR) provider. ADR Group – Website: http://www.consumer-dispute.co.uk is competent to deal with your complaint but please note that we are not obliged or prepared to use the ADR procedure operated by it. This does not affect any other rights that you may have.
43. These Terms and Conditions 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.
To: HomeServe Labs Limited, Cable Drive, Walsall WS2 7BN
Please take this letter as notice that I wish to cancel my Contract and no longer want LeakBot.
Name of Customer(s):……………………………………………
Address of Customer(s):
Signature of Customer (only if this form is notified on paper):