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) on which we sell LeakBot (Product) via our website www.leakbot.io/buy (our site) to you.
These Terms will apply to any contract between us for the sale of a Product to you (Contract). If you do not accept these Terms, you will not be able to order a Product from our 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 a Product from us, the Terms in force at the time of your order will apply to the Contract between you and us.
The Contract
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 the Product 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 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 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:
The Product
2. Subject to meeting the Installation Criteria (set out below), the Product detects leaks from 5 ml per minute on the internal fresh water plumbing system in your property. The Product does not prevent leaks. The Product alerts you in case of a water leak by emitting a sound or through an SMS, app notification or an e-mail (an “Alert”).
Installation Criteria:
For the Product to successfully detect water leaks on the internal fresh water plumbing system, the following criteria need to be fulfilled:
PLEASE NOTE:
The Product does not detect the following:
Alerts relating to a continuous fast flow of water shall only be triggered after 60 minutes (or less if you have chosen a different amount of time in the app) in cases where the Product has not detected a pre-existing continuous low flow leak.
3. If your Product cannot / does not comply with the Installation Criteria, we reserve the right to deactivate your Product and offer you a refund of the price you have paid for the Product.
4. If we are unable to supply you with a Product, for example because that Product 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 the Product, we will refund you the full amount including any delivery costs charged as soon as possible.
5. The images of the Product on our site are for illustrative purposes only. Your Product may vary slightly from those images. The packaging of the Product may vary from that shown on images on our site.
6. Minor changes to the products.
We may change the Product:
7. We may have to suspend the supply of a product to:
Your right to end the Contract and refunds
Cooling off rights
8. You have the right to cancel a Contract 14 days after the day on which you receive the Product (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 the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
9. 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 12.
10. 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 or contact our Customer Services team by telephone on 0800 783 9866.. We will confirm this in writing to you.
11. During the Cancellation Period, if a Product 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 0800 783 9866. Please ask for a Certificate of Posting when returning the Product to us as proof of postage.
Your right to end the Contract
12. 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 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.
Refunds
13. If you cancel your Contract we will:
14. Where you exercise your cooling off right or your legal right to end the Contract, you must return the Product to us.
15. If you have returned the Product to us because it is faulty or mis-described, we will refund the price of the Product in full, together with any applicable delivery charges, 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 Product to us.
Delivery
16. During the online sales process, we will give you an estimated delivery date. We will deliver the Product 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 Product to the address you gave us and the Product will be your responsibility from that time.
17. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
18. You own the Product once we have received payment in full, including all applicable delivery charges. The Product will become your responsibility from the time we deliver it to the delivery address you gave us.
19. 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 Product and its delivery.
Price of products and payment
20. The prices of the Product 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 the Product is correct at the time when the relevant information was entered onto the system. If we discover an error in the price of Product(s) you ordered, the following shall apply:
21. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay (unless you have already paid for the Product in full before the change in the rate of VAT takes effect).
22. You can only pay for a Product using a debit card or credit card. You must pay for the Product before we dispatch it. We will not charge your credit or debit card until we dispatch the Product to you.
23. Although we may allow you to pay for the Product(s) and all applicable delivery charges by instalments, payment for the Product(s) and all applicable delivery charges are due in advance and relate to the full price of the Product(s) ordered.
24. Where payments are made by instalments and you miss an instalment payment, your ability to pay by instalments shall cease and you shall be required to make immediate payment in full of any remaining Product(s) cost(s). We shall be entitled to take legal action to recover any amounts owed together with any interest and costs incurred in doing so.
Manufacturer guarantee
25. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Product. 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.
General
26. 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, we will contact you as soon as reasonably possible to notify you and we will endeavour to provide the Product 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 Product.
27. 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 Product 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.
28. We are not responsible for the following:
29. You acknowledge that access to the network may be interrupted to the extent this is necessary for compelling reasons, e.g. due to network maintenance or in order to eliminate unforeseen vulnerabilities.
30. Any and all intellectual property and intellectual property rights in the Product belongs to us.
31. 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 Product 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 Product or source code; save only for acts that are expressly permitted as a result of mandatory or non-derogable provisions of applicable law.
32. Where you fail to comply with these Terms and Conditions, we reserve the right to turn off the Product’s connection to the relevant network giving the Product limited functionality.
33. We may deactivate your Product 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 the Product is being used for any commercial, business or resale purposes or otherwise in breach of these terms and conditions.
34. We may deactivate your Product 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 the Product.
35. We will also collect data that relates to your water use and readings from your Product from time to time to provide you with an Alert. We will not use that data for any other purpose.
36. 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.
37. If you have any questions or if you have any complaints, please contact us at 0800 783 9866.
38. 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.
Model Cancellation Form
Date:………………………………………………………………………………
To: HomeServe Labs Limited, Cable Drive, Walsall WS2 7BN
e-mail: [ ]
Please take this letter as notice that I wish to cancel my Contract and no longer want the Product.
Name of Customer(s): …………………………………………………….
Address of Customer(s):
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Signature of Customer (only if this form is notified on paper):
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