Terms & Conditions
Last updated: 9th May 2018
These terms and conditions to our online offer of a capital upfront payment for equipment with a monthly connectivity charge both of which may be variable through time. (For alternative T's and C's relating to other offers or distributors please see those provided at point of purchase or contact us for a copy of the relevant Terms and conditions.)
1.1 When the following words are used in these Terms, this is what they will mean:
- 1.1.1 Event outside our control: is defined in clause 7.2;
- 1.1.2 Goods: the here&there equipment which consists of 1 x here&there receiver, 2 x door sensors and 5 x room sensors;
- 1.1.3 Order: the order that you place for the Goods and Services;
- 1.1.4 Order Confirmation: the written confirmation of your order provided by us;
- 1.1.5 Services: the here&there Web-service which consists of all connectivity to our service; notification alerts detailing movement and habits; text alerts; email alerts; all data transfer; access to your personalised dashboard; alerts history and stored alert recipient details;
- 1.1.6 Terms: the terms and conditions set out in this document; and
- 1.1.7 We/Our/Us: Here&There (Main Image Ltd T/A Here & There) a company registered in England and Wales with registration number: 1776263, whose office is at 37 Southgate Street, Winchester, SO23 9EH
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail but not fax, unless We state otherwise.
2. Our contract with you
2.1 These are the Terms and conditions on which We supply the Goods and Services to you. The Terms and Order constitute the whole agreement between you and Us.
2.2 Our Goods and Services are intended to monitor activity. They are not intended to be used or relied upon as an emergency alarm system or a life monitoring service. Some of the features and specifications may be changed without notice to you to improve reliability, function, design or otherwise.
2.3 Please ensure that you read these Terms carefully, and check that the details on the Order are complete and accurate when you confirm that you have read and agree to the Terms. If you believe a mistake has been made, please contact Us to discuss, and We shall confirm any changes in writing to avoid any confusion between you and Us.
2.4 How to place an Order
You can place an Order on-line or by telephone:
- 2.4.1 if you Order on-line, We ask you to confirm you have read the Terms and conditions before you complete your purchase. By placing an Order you are agreeing to be bound by these Terms.
- 2.4.2 if you Order by phone, We will confirm the details of the Order by email and then send you another email enclosing a copy of these Terms. By placing an Order you are agreeing to be bound by these Terms.
- 2.4.3 if you are eligible for VAT exemption you will need to sign a declaration form. You can download this directly from our website, sign it and return it to Us. Upon receipt, We will reimburse the VAT paid on the equipment purchase direct to you, using the card details that you provided to Us at point of purchase.
2.5 When you submit your Order to Us, this does not mean We have accepted your Order for Goods. Our acceptance of the Order will take place once your Order has been placed, paid for, processed and the Goods are despatched to you, at which point these Terms will become binding and a contract will come into existence between you and Us.
2.6 If any of these Terms conflict with any Terms of the Order, these Terms will take priority.
3. Delivery of Goods
3.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please allow extra time for deliveries to the Scottish Highlands and Islands or for delivery to addresses outside the UK.
3.2 We will contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by a Force Majeure Event. See clause 7.2 for our responsibilities when this happens.
3.3 Delivery of an Order shall be completed when we deliver the Goods to the delivery address you provided in the Order.
3.4 We can arrange a convenient delivery date with you and despatch the Goods by courier. Please contact Us at point of purchase to arrange this.
3.5 The Goods will be your responsibility from the completion of delivery and title in them will pass to you.
4. Seller’s guarantee of Goods
4.1 We shall ensure that the Goods shall:
- 4.1.1 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for any purpose held out by Us or made known to Us by you, expressly or by implication and in this respect you rely on Our skill and judgement.
- 4.1.2 where applicable, be free from defects in design materials and workmanship and remain so for twelve months after delivery.
- 4.1.3 comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, storage, handling and delivery of the Goods; and
- 4.1.4 as required by law, ensure that the Goods conform to the contract entered into between you and Us.
4.2 Subject to clause 5.4 where you have purchased the Goods from Us We guarantee that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects and We shall repair or replace defective Goods at Our sole discretion.
4.3 If you experience any problems with the Goods, please contact Our helpline on 01962 870980 or get in touch through our Contact form. We will try to resolve the problem on the telephone. If this is not possible We will make arrangements for repair or replacement of the defective part. However, this guarantee does not apply in the circumstances described in 4.4 or for parts that are lost or go missing after delivery.
4.4 The guarantees in 4.1 and 4.2 do not apply to any defect in the Goods arising from:
- 4.4.1 fair wear and tear;
- 4.4.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- 4.4.3 if you fail to store, install, operate, use or maintain the Goods in accordance with the User Instructions; and
- 4.4.4 any alteration or repair by you or by a third party who is not one of Our authorised repairers.
4.5 Our Services rely on: mains power at the houses where the Goods are installed; mobile networks and mobile data services; and on-going email or text services to you. Occasionally there may be disruption to the Services and whilst We shall use all reasonable efforts to minimise the effect of such disruptions on our Service, unfortunately We cannot guarantee that Our Services will be available without disruption.
4.6 We make all reasonable efforts to have Our website available at all times. However, access may occasionally be restricted to allow repairs, maintenance or amendments to the contents. We shall do our best to ensure that such restrictions are kept to a minimum.
5. Price and payment
5.1 The prices for the Goods and Services are on Our website, subject to any offers. The price is confirmed when your Order is placed and also detailed in our Order Confirmation. Our prices may change at any time, but price changes will not affect your Order for the purchase of Goods that We have confirmed with you.
5.2 These prices include VAT. However, if the rate of VAT changes anytime after the date of the order is placed, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
5.3 In certain circumstances you may be eligible for the Goods to be supplied at 0% VAT. Please see 2.4.3 for details. We provide the appropriate form and further information on Our website.
5.4 The price for the Goods is due when your Order is placed. When you receive our Order Confirmation We shall confirm receipt of your payment. The price in respect of Our service is to be paid monthly in arrears and We will use the same payment method by which you purchased the equipment unless you contact Us by phone on 01962 870980 or through our online Contact form to request differently.
5.5 Alerts are sent by email or text, as set up by you on your here&there alerts system. Our prices include unlimited email alert and text messages for sole users, intermediaries using multiple systems may be charged additional fees for text messages at the discretion of Here and There.
5.6 All payments must be made from a UK bank account or UK registered credit card.
6. Our liability to you
6.1 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 the Terms or Our negligence, but we are not responsible for any loss or damage that is not foreseeable.
6.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose.
6.3 We do not exclude or limit in any way our liability for:
- 6.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
- 6.3.2 fraud or fraudulent misrepresentation;
- 6.3.3 breach of the Terms implied by section 12 of the Sale of Goods Act 1979;
- 6.3.4 defective products under the Consumer Protection Act 1987.
6.4 Our maximum liability to you under the Terms of this contract is the price paid by you for the Goods and Services.
7. Force Majeure
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an event outside Our control (a “Force Majeure Event”).
7.2 A “Force Majeure Event” means any act or event beyond our reasonable control which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lockouts or other industrial disputes, failure of energy resources or transport network, acts of god, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic beam, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar event, natural disasters or extreme adverse weather conditions or default of suppliers or subcontractors.
7.3 If a Force Majeure Event takes place that effects the performance of Our obligations under these Terms:
- 7.3.1 We will post a message as soon as reasonably possible on the website which you use to access the web-service; and
- 7.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects the delivery of Goods to you, We will arrange a new delivery date with you after the Force Majeure Event is over.
7.4 Either party may cancel the contract if a Force Majeure event takes place and continues for longer than 4 weeks.
8. Your rights to cancel the Goods and Services and your refund.
8.1 You have a right to cancel the contract between us relating to the Goods and Services for a period of fourteen (14) days after delivery of the Goods has taken place by contacting us. Please refer to our model cancellation form for guidance, a copy of which is available from us (use our Contact form or phone 01962 870980 to request a form). If an Order contains Goods that are delivered on different days, your cancellation period of fourteen (14) days will start the day after the last of the Goods have been delivered. We will confirm your cancellation in writing to you.
8.2 If you cancel an Order under clause 13 and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts and Our standard delivery charges to you.
8.3 If you cancel an Order for Services under clause 13. and We have already started to provide the Services to you, you will pay us any costs We reasonably incurred in providing the Services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us.
8.4 If you cancel the contract between us, relating to the Goods and Services within the thirty (30) days day cancellation period after delivery has taken place you shall return the Goods in their original packaging along with a copy of Our model cancellation form to; Here&there, c/o Trowtronics UK Ltd, Unit 41, South Hants Industrial Park, Brunel Road, Totton, SO41 3SA and We shall refund to you the cost of the Goods and Our standard delivery charges.
9. Our cancellation rights.
9.1 Occasionally We may have to cancel an Order for Goods before the Goods are delivered due to a Force Majeure Event or the unavailability of stock. We will promptly contact you if this happens. If We have to cancel an order in these circumstances and you have made any payment in advance for Goods that have not been delivered to you, We will refund the price you have paid including any sums in respect of delivery (limited to the standard delivery price only).
9.2 If any payments, including direct debit payments, are not made on the due date or you are in breach of any of these Terms We have the right to cancel the contract with immediate effect and withhold access to data stored on Our website.
10. Intellectual property rights
10.1 You agree and acknowledge that all intellectual property rights in the Goods and Services, on Our website and in Our database belong to Us.
11. Information about Us and how to contact Us
11.1 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail, by hand or by pre-paid post to:
Here&There, Main Image Ltd
37 Southgate St, Winchester, SO23 9EH
OR through our online Contact form.
We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provided to Us in the Order. Please advise Us to how you would like Us to contact you in this instance if the details are different to those you have given us at point of purchase.
12. Other important Terms
12.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens. But this will not affect your rights or Our obligations under these Terms.
12.2 This contract is between you and Us. No other person shall have any rights to enforce any of its Terms.
12.3 Each of these 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.
12.4 If we fail to insist that you perform any of your obligations under these Terms, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with these obligations. If we do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
12.5 These Terms are governed by the laws of England and Wales. You and We both agree to submit to the exclusive jurisdiction of the courts of England and Wales.
13. Returning Goods if no longer need them clause.
If you return the Goods to Us under Our 30 day money back scheme within 30 days from the date of purchase, We can arrange collection of the Goods by a courier at a time and place convenient for you, provided of course that you agree this with us beforehand by telephone or email (Contact form). If you do not choose to use the courier service that We can provide then the responsibility for the cost of the postage and also the responsibility of the return of these items to Us must be met by you. The goods must be returned in full working order and as new and they must be returned in their original packaging. Failure to do so may result in a charge to you.