Terms and Conditions for the supply of a leak detection device (LeakBot)

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, England WS2 7BN registered in England with number 08442778, VAT No: 559 669 669) 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 an SMS that confirms 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:

  • 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.

The Product

2. The Product detects leaks on the water supply pipe 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”).

PLEASE NOTE:
The Product does not detect the following:

  • leaks that are not on the water supply pipe
  • leaks that are on a closed system, for example on your central heating system or waste system
  • a new leak on your mains water system where you have not repaired an existing leak.

3. 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.

4. 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.

5. Minor changes to the products.

We may change the Product:

  1. to reflect changes in relevant laws and regulatory requirements; and/or
  2. to implement minor technical adjustments and improvements.

6. We may have to suspend the supply of a product to:

  1. deal with technical problems or make minor technical changes;
  2. update the Product to reflect changes in relevant laws and regulatory requirements;
  3. make changes to the Product as requested by you or notified by us to you (see Paragraph 6).

Your right to end the Contract and refunds

Cooling off rights

7. 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.

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 12.

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 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.

10. 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

11. You can always end a Contract if:

  1. The Product is faulty or does not conform with its description.
  2. 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;
  3. there is a risk that supply of the Product may be significantly delayed because of events outside our control; or
  4. we have suspended supply of the Product 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 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

12. If you cancel your Contract we will:

  1. refund you the price you paid for the Product. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Product, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
  3. reimburse all payments received as follows:
    • No more than 14 days after the day on which we were informed about your decision to cancel the Contract; or
    • If you had already received the Product, 14 days after the day we receive back the Product in a resalable condition (i.e. in original box and not tampered), and 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. If you used vouchers to pay for the Product we may refund you in vouchers. Please ask for a Certificate of Posting when returning the Product to us as proof of postage.

13. Where you exercise your cooling off right or your legal right to end the Contract, you must return the Product to us.

14. 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

15. 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.

16. 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.

17. 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.

18. 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

19. 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:

  1. where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Product 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 Product to you at the incorrect (lower) price; and
  2. if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

20. 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).

21. 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.

22. 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.

23. 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

24. 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

25. 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.

26. 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.

27. We are not responsible for the following:

  1. any costs, loss or damage that you suffer as a result of not using the Product in accordance with the manufacturer guidelines;
  2. any costs, loss or damage that you suffer as a result of a problem caused by loss of connection with the relevant network;
  3. any costs, loss or damage that you suffer as a result of not receiving, hearing or acting upon an Alert;
  4. any costs, loss or damage that you suffer as a result of incorrect installation of the Product;
  5. any costs, loss or damage that you suffer as a result of leaks that do not fall within the scope of the Product (as set out in Paragraph 2);
  6. any costs, loss or damage that you suffer as a result of you not complying with instructions provided at the time of registration of the Product;
  7. any costs relating to the identification and repair of a leak as a result of an Alert;
  8. any increase in your water bill;
  9. any loss or damage you suffer as a result of you or anyone else altering the radio frequency allocations of your system controls;
  10. replacing the batteries for your Product;
  11. any costs, loss or damage that you suffer as a result of:
    1. the Product not providing an Alert as a result of the Product being unclipped from the mains water pipe,
    2. the Product being switched off or silenced, or
    3. the Product not containing batteries in working order.

28. 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.

29. Any and all intellectual property and intellectual property rights in the Product belongs to us.

30. 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.

31. 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.

32. 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.

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 783 9866..

35. 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, England WS2 7BN
e-mail: support@leakbot.io

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):
……………………………………………………………………………………..
……………………………………………………………………………………..
……………………………………………………………………………………..
……………………………………………………………………………………..

Signature of Customer (only if this form is notified on paper):

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