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Terms & Conditions
In these Terms & Conditions Home Smart Services Ltd (registered in England & Wales with company number 09918997) will be referred to as ‘the Company’ and the person ordering the product will be referred to as ‘the customer’.
Any agreement between the Company and the customer is governed by the laws of England and Wales unless we are domiciled in a different country, in which case the laws of that country will prevail.
1. All the terms of the contract between the Company and the customer are detailed in this document and written specifications provided to the customer by the Company on the website. No variation of the terms shall bind either party unless such variation is made in writing and signed by the party to be bound.
2. We aim to keep information on the website and in marketing materials relevant and up to date. However, such information should be used as a guide only as products and services are frequently updated and changed.
3. Any reviews or comments made by members of the public on this website are their opinions only and do not form any part of the specification or advice given by the Company about products or services we supply.
4. Pictures, text, videos and other material contained on the Company’s website(s) and literature are subject to copyright restrictions and must not be copied or reproduced without the written consent of the Company.
5. Trademarks and other intellectual property of the Company are protected and not to be replicated or reproduced.
6. The Company is registered with the Information Commissioner’s Office and treats all information supplied by customers as confidential and will only pass on such information as is required to fulfil the obligations set out in this contract and Law.
7. The Company is registered with the Financial Conduct Authority and may introduce you to third party finance providers if this is your preferred option of payment.
Communication
8. All communication between the customer and the Company will be by telephone, email or SMS. The customer’s telephone number and email address used by the Company will be the same ones supplied by the customer during the ordering process.
9. When the customer places an order with the Company via the website, the Company will send the customer an email acknowledging the order and stating;
– Details of what the customer has agreed to purchase including any applicable guarantees/warranties
– The total cost
– Next steps to arrange installation
– Contract duration and cancellation/termination arrangements
– An address where questions/comments/complaints can be sent
10. We may monitor and record any communications we have with you, including phone conversations and emails, to ensure that we are providing a good service and are meeting our legal and regulatory responsibilities.
11. You are entitled to request a copy of the information we hold about you and to have any inaccurate information corrected. We may charge a small fee for providing a copy of any information we hold about you.
Delivery and/or Installation of Goods
12. The Company works hard to ensure the delivery and/or installation of goods happens on time and with clear correspondence in advance. Notwithstanding this, the customer accepts that sometimes delivery and/or installations issues occur, and this does not give automatic cause for cancellation.
13. The customer is responsible for notifying the Company of any local restrictions that could impact the delivery of goods or access for installation, for example local parking restrictions, steep or long stair climbs or any significant on-foot carrying distances.
14. The customer agrees to have someone present at the property for when goods are scheduled to be delivered and/or installed.
Site Inspection
15. After an order is placed with the Company, there is an opportunity for the customer to send photos to the Company using the link provided by email/SMS in the order acknowledgement. By viewing the photos in advance, the Company can discuss any technical aspects of the installation prior to the engineer attending; this makes the installation process run as smoothly as possible ensuring the right materials are delivered to enable a suitable installation.
16. The customer agrees that any photos supplied during or after the ordering process are true and accurate images of what the engineer will see at the installation site.
17. If, upon physical inspection of the site, it is determined that equipment ordered is unsuitable or technically not possible to install as ordered, then the Company will inform the customer of why the installation cannot go ahead as ordered and discuss alternative options including any changes to specification, additional costs and/or delay to installation that may be incurred. If the customer declines the alternatives offered, or if no alternatives can be offered, then the Company will give a full refund to the customer and remove any materials that may have already been delivered to site.
18. In exceptional cases where the Company determines an installation cannot take place, the Company reserves the right to decline any order at any time. Should the Company decline an order, no damages or expenses of any kind shall be payable by the Company to the customer beyond the refund of any money already paid in relation to the contract.
19. If, upon physical inspection of the site, it is determined that more equipment or a significant amount of extra work is required, then the Company will inform the customer of any increase in costs prior to these costs being incurred. The customer will also be informed of any delay to installation that may be incurred. If the customer declines any extra equipment or work required to facilitate the installation, they are entitled to a full refund.
20. The Company reserves the right to decline any order at any time up until completion. Should the Company decline an order, no damages or expenses of any kind whatsoever shall be payable by the Company to the customer beyond the refund of any money already paid in relation to the contract.
21. Any changes in materials and/or specifications from those detailed in the contract, will only apply when supported by a Variation to Contract document issued by the Company, which must be approved by the customer (this approval may be carried out either by physical documentation or by email).
22. Whilst every effort is made to ensure the delivery and installation timescales agreed during the ordering process are met, the Company reserves the right to delay installation for reasons including (for example) fires, strikes, illness, severe weather, lockouts, terrorism, war, and any other causes beyond the control of the Company interfering with its execution or completion of the contract.
Installation
23. The customer will need to provide free access to and from the installation property (both internal and external access will likely be required) on the agreed dates so that the Company can deliver and install equipment. You must also provide free access to water, gas, and electricity (as applicable) for installing and testing your new equipment.
24. Our Engineers aim to always treat the customer courteously and expect to be treated in a similarly respectful way. We take seriously any threatening, abusive, or violent behaviour against any of our Engineers. Where an incident of threatening, abusive or violent behaviour towards our Engineers occurs, the Engineer will immediately make the property safe and leave your home. The incident may be reported to the police. The Company will not send another Engineer to your home until an investigation and risk assessment has been carried out. The Company reserve the right to terminate the contract should the work environment be deemed unsafe for our Engineers.
25. Due to the Company’s policy of continuous improvement, the customer shall have the benefit of any modification the Company may make to its products and procedures, albeit these changes may be made without prior notice to the customer. All illustrations within the company’s website (and any advertising, marketing material or literature) and that of its suppliers are subsequently intended as a guide only.
26. Whilst all reasonable care will be taken by the Company, it accepts no liability for any damage to existing plaster work, decorations, flooring etc which may be consequent upon the carrying out of the work detailed. Cuts or holes made to allow for equipment will normally be made good but not permanently finished or re-decorated.
27. Whilst engineers working on behalf of the Company will take reasonable care not to damage wiring, plumbing and other services at your property, the Company cannot be held responsible for any consequential damage caused to existing services/installations that are not clearly visible.
28. When adding new equipment to your house, our engineer may need to inspect existing relevant infrastructure including the gas boiler to ensure it meets current regulatory/safety standards.
29. Should your existing infrastructure fail to meet relevant standards/capacity then we will give you the options to bring the infrastructure up to a standard which allows new equipment to be connected. At this point you may cancel your order for a full refund. If you do not wish to authorise the required additional work(s) but still wish the new equipment to be installed, we will leave the equipment for final connection by others and will not be able to commission the equipment. In such circumstances the customer is still liable to make payment in full as if the installation had been completed.
30. When installing Smart Radiator Valves to existing radiator valve bodies, should the Company find the existing radiator valve bodies to be unsuitable or defective, the Company will provide the customer with the option to upgrade at an additional cost, or not fit the item and give a partial refund for the item(s) that are not installed.
31. The engineer will take pictures of your installed equipment and relevant infrastructure for the Company’s auditing process and for our own records. The engineer may also attend with other people including managers, supervisors, trainees, or apprentices. From time to time the Company may use pictures of installed equipment for marketing purposes.
32. Upon completion of all physical works at the property, the customer (or their representative) may inspect the work before the engineer departs. Once the Company’s appointed engineer is satisfied that the work is complete and the customer (or their representative) has been given the opportunity to inspect, then all works required to fulfil the contract are deemed to have been completed.
33. Sometimes things do not go to plan with the installation of new equipment. The customer agrees to give the Company and its engineers reasonable opportunities to put things right by providing access to the installation address and time to remedy any faults or problems. In addition to this, the customer undertakes to minimise or avoid any losses it may suffer as a result of the actions (or non-actions) of the Company or the appointed engineer.
34. The Company are not liable for any loss of profit, loss of business, business interruption or business opportunity under any circumstances.
Payment & Finance
35. If paying by credit or debit card, the payment of cleared funds from the customer to the Company is required prior to delivery and/or installation of goods. Payment is only deemed to have been received once the funds are showing in the Company’s bank account as cleared funds. If the customer instigates an attempt to clawback payments (for example requesting a credit card chargeback) then the Company can pass on any costs and/or losses associated with dealing with and defending such action.
36. During the order process, if the customer would prefer to pay for goods and services using a finance package, the Company may introduce the customer to a third-party finance provider on a referral only basis.
37. If the customer enters a credit agreement with a finance provider the Company has introduced you to, this will entail entering into a separate agreement with that provider (payment of the contract balance will be automatically processed between the Company and the Finance Provider when the balance becomes due).
38. If the Customer has entered a credit agreement via one of the Company’s nominated finance providers, the terms of the agreement will apply as part of this contract. If the credit agreement is later cancelled, then subject to the terms of the 1974 Consumer Credit Act, the contract balance will become immediately payable by the customer. This does not affect your statutory rights.
39. All goods supplied remain the property of the Company even though installed, by way of a lien, until fully paid for and the Company reserves the right of re-entry to remove any such goods whether fixed or otherwise, which remain unpaid for.
40. All the prices displayed by the Company include VAT unless otherwise stated. Delivery and other service charges will be confirmed on screen during the specification and purchase process. After the point a customer completes an order to the Company, the price should not change even if the applicable VAT rate does.
Cancellation
41. The customer will lose the right to cancel set out below should the Company complete the installation of your new equipment within 14 days of your order being placed and the customer has requested that the Company perform services within this 14-day period as it will be deemed that the Company has been engaged to carry out urgent maintenance or repairs at the customer’s household.
42. The customer has a right to cancel this contract within 14 days without giving any reason provided the following conditions are satisfied:
– Notice of cancellation is emailed to sales@home-smart.co.uk either before any delivery is made, or within 14 days of the order being placed.
– Notice of cancellation is emailed to sales@home-smart.co.uk prior to the engineer attending site on the agreed date.
43. Any email sent intended to serve as your statement of cancellation should be clear and unambiguous. You may use the following style of wording although this is not obligatory “I/we hereby give notice of cancellation for the contract number [insert contract number] for the supply of [item you wish to cancel] to [property address]. Signed [insert your name].”
Warranty Specification
44. All items supplied and installed by the Company typically benefit from a manufacturer’s warranty.
45. Any workmanship will be done with reasonable skill and care by a suitably qualified person and benefits from the Company’s 1-year parts and labour guarantee that covers all items supplied by the Company.
46. Any guarantee shall be null and void if payments are not made on the due dates and the above conditions are not adhered to. Furthermore, neither the Company nor the manufacturer of any parts or equipment will be liable to you, whether under this contract or otherwise (and whether to carry out any warranty repairs or otherwise) where any failure, fault or problem arises as a result of:
– Any failure of the customer or third parties in the care, operation, inspection, servicing or maintenance of any of the equipment which is not done strictly in accordance with the manufacturer’s instructions. The customer is responsible for maintaining full and accurate service records for all equipment, without such records any warranty will be void
– Any deliberate damage or vandalism
– Damage caused by circumstances outside the control of the Company or the equipment manufacturer
47. You must notify the manufacturer of any warranty claim against equipment or components as soon as reasonably possible once you become aware of the fault with a product. The contact details are supplied in the instruction manual, or you can email sales@home-smart.co.uk.
48. The warranty set out above applies specifically to the equipment installed as part of this contract.
49. The Company, or any engineer appointed by the Company, is under no obligation to carry out any visual inspection or testing on any existing equipment (except as part of their regulatory duties). The risk of any of the existing system failing once the new equipment is installed is solely the responsibility of the customer. If the customer wishes to reduce this risk they can, at their own expense and independently of the Company, organise a suitable inspection and test of the existing system prior to the installation of new equipment being carried out.
50. When the Company re-attend at the customer’s request but no fault is found, or the issue relates to something the Company are not responsible for, then the Company reserve the right to make a reasonable charge to cover costs for such an attendance.
Start Saving in 4 Simple Steps
1. Buy Online
Browse the options and select your chosen solution, then check out securely online.
2. Confirmation
Our friendly service department will contact you to arrange your installation date.
3. Installation
Our professional installation and setup process takes around 90 minutes to complete.
4. Start Saving
Relax in your warm home, knowing that you are no longer wasting energy.
