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Terms of sale (from website)
1. THESE TERMS 1.1 These are the terms and conditions on which we supply products to you. 1.2 Throughout these terms, the product is referred to as a “Consumer Access Device” or a “device”. We use this term used to describe devices that are capable of providing data from smart metering equipment to you at your property via the internet. 1.3 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may cancel the contract, what to do if there is a problem and other important information. 1.4 If you have a query regarding any of these terms, please contact us at: customercare@ivie.co.uk. 2. CONTACT US 2.1 ivie is a brand name owned by us, Chameleon Technology (UK) Limited. We are registered in England and Wales under company registration number is 7388340 and our registered office is at Gardner House Hornbeam Park Avenue, Hornbeam Park, Harrogate, England, HG2 8NA. Our registered VAT number is 102998308. 2.2 You can contact us through our website or by writing to us at customercare@ivie.co.uk or the address above. Our customer care team will be happy to provide you with further information. 2.3 If we have to contact you, we will do so by writing to you at the email address or postal address you provide to us in your order or any correspondence you send to us. 2.4 Please note that, when we use the words "writing" or "written" in these terms, this includes emails. 3. VERIFICATION AND CONSENT 3.1 The Smart Energy Code requires us to seek unambiguous consent from you to join (or “pair”) the consumer access device that you purchase from us with your smart meter system. This consent needs to be given by an energy consumer at the relevant address where the device is to be installed (“Energy Consumer”). 3.2 To satisfy these requirements, you will be asked for: (a) information to verify the identity of the Energy Consumer; and (b) consent from the Energy Consumer to allow us to pair the consumer access device with the smart meter system and to share certain information with third parties to enable this pairing process to take place (please see paragraphs 13.1 and 13.2 below for further information). This information will be requested by us at the appropriate stage of the activation process; this is usually once the device has been shipped and received. 3.3 If you are unable to prove the Energy Consumer’s consent, we will not be able to pair your device with the smart meter system and the device will not function. 3.4 The device will not work correctly unless there are compatible smart meters installed at the address where the device is to be installed. You can check the compatibility of your address with our compatibility check: ivie.co.uk/compatibility-checker/. 4. ORDERS 4.1 After placing an order, you will receive an order confirmation email from us acknowledging that we have received your order. 4.2 The legal contract between us will be formed at the point that your order is accepted by us. The contract between us is based on these Terms of Sale. 4.3 We may not be able to process your order because the product is out of stock or because your payment is declined. If we are unable to process your order, we will inform you of this and will not charge you for the product; if you have already paid for the product, we will arrange for a refund and the contract will be cancelled. 4.4 We only sell products to the UK (excluding Northern Ireland). Our website is solely for the promotion and sale of our products and services in this region. Unfortunately, we do not accept orders from addresses outside the UK or from Northern Ireland. 5. PRODUCTS 5.1 The products sold by us are as described on our website and as may be described to you through our correspondence prior to order. 5.2 Successful operation of the products requires their connection to fully functioning smart meters at the property, connection to the internet through a local Wi-Fi connection and access to the smart meters by our systems to permit your device to establish a connection with your smart meters. 5.3 It is your responsibility to ensure that you can satisfy these requirements. You can check whether your home is compatible at ivie.co.uk/compatibility-checker/. 6. DELIVERY 6.1 The costs of delivery are as displayed on our website or as notified to you at the time you place your order. 6.2 We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. If we are unable to deliver within this timescale, we will contact you with an estimated delivery date. 6.3 If delivery of the products is delayed for any reason, then we will contact you as soon as possible to let you know. Provided we do this, we will not be liable for delays. However, if there is a risk of substantial delay you may contact us to cancel the contract and receive a refund for any products you have paid for but not received. 7. YOUR RIGHTS TO CANCEL 7.1 You may cancel the contract if: (i) 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; (ii) there is a risk that delivery of the products may be significantly delayed; or (iii) you have a legal right to end the contract because of something we have done wrong. If you cancel the contract in any of these circumstances, please send an email with the subject “Cancellation Request” and the original order number to: myorder@ivie.co.uk , or notify us by post at our address above. The contract will end immediately once we receive your notification and we will refund you in full for products (and delivery costs) which you have paid for but have not been provided. If you have received the products, please follow the instructions in paragraph 8 below. 7.2 You may wish to exercise your right to cancel the contract because you have changed your mind (Consumer Contracts Regulations 2013). You have a legal right to cancel the contract within 14 days after the day you (or someone you nominate) receives the products and to receive a refund. If you wish to cancel, please see check paragraph 7.3 below and follow the instructions in paragraph 8. 7.3 If you wish to cancel and return the product (because you have changed your mind) and you have installed the product in the home, we may deduct a reasonable amount from your refund. This is to cover the cost of decommissioning the product from your smart meter system. We will confirm this cost with you at the time you notify us of your cancellation. 8. HOW TO CANCEL AND RETURN THE PRODUCT 8.1 If your order has already been dispatched to you, your right to return and the associated process is detailed as part of our Returns Policy: ivie.co.uk/returns-policy. 8.2 If you cancel the order before the associated goods have been dispatched, we will cancel the dispatch. 8.3 We will make any refunds due to you as soon as possible. Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. 9. TECHNICAL HELP 9.1 If you have any questions or complaints about the product, check the information available on the website: ivie.co.uk/support. 9.2 If this does not answer or resolve your questions, please contact us. You can email us at customercare@ivie.co.uk or write to us at the address above. 10. PRODUCT WARRANTY AND DISCLAIMER 10.1 We are under a legal duty to supply products that are in conformity with this contract. We provide a product warranty as summarised in the box below. Product Warranty If your product fails to conform with any part of this contract or a fault occurs within 12 months from the date you receive the product, we will replace or refund the price paid for the product. This product warranty is subject to the conditions set out in this section and in the paragraph 10.2 below. If you think your product is faulty, please send an email with the heading “Warranty Return” to: myorder@ivie.co.uk or write to us at our address above. In your correspondence with us, please provide your name, email address, home address and details of the order. We will send you a confirmation email or (where you have contacted us by post) a letter. You will then need to return the product to us. We will provide return address details to you and instructions for postage. Please post the product within 14 days of notifying us of the product return. On receipt, we will inspect the product and will confirm with you whether we have found a fault with the item. Please note paragraph 10.2 below which sets out situations where we are not responsible for faults or failures of the products. If we are unable to find a fault with the product, or we are not responsible for the fault or failure (please refer to paragraph 10.2 below), we will contact you to tell you our findings. We will not replace or refund products in this event. For products which are replaced under this product warranty, the warranty period (12 months) will restart from date of delivery of the replacement product. 10.2 We are not responsible for any faults or failures of the products that arise as a result of: (a) problems caused by the internet connection or smart meter equipment at the property where the device is installed; if this is the case, you are advised to contact your broadband or energy supplier (as applicable); (b) misuse or negligence of the products by its user; (c) the product having not been properly stored, handled, installed or used as recommended in the user guide; or (d) an external event outside our control, such as flood, fire, electrical surges/over-pressurisation, lightning, seismic activity, vandalism, attempts to repair, alter, tamper, or attempts at hacking or similar or other unforeseeable misuse. 10.3 Consumer access devices sold by us are for information only. The device retrieves and provides information from the smart meter system and depends on that system for the accuracy of information displayed. The device does not show exact energy tariff or billing arrangements you have in place with your energy supplier; the information shown on your device does not constitute your energy bill. Please see FAQs on our website for further information. 10.4 Nothing in these terms will affect your legal rights. 11. MOVING HOME 11.1 If you move home and take your device with you, you will need to reset your device and go through steps to activate your device at the new property. This is further described on the website and the Frequently Asked Questions area of the website. 11.2 If you move home and leave your device at the property, we would recommend that you disconnect and clear the device before vacating the property. This is further described on the website and the Frequently Asked Questions area of the website. 12. PERSONAL INFORMATION 12.1 We will only use your personal information as set out in our Consent and Privacy Notice ivie.co.uk/consent-and-privacy-notice/. 13. CONNECTION AND DATA 13.1 In order to be able to operate your consumer access display device, it will be joined (“paired”) to your smart meter system at home. This will happen automatically when you connect the device to your home Wi-Fi. 13.2 We use a trusted third party to pair devices to the system. We only share such information with that third party as is necessary to pair your device to the system. We do not share your personal data for this purpose, other than your postcode and house number. This is more fully described in our Consent and Privacy Notice: ivie.co.uk/consent-and-privacy-notice/. 13.3 Once you have connected your device to your home Wi-Fi (following the on screen guidance) and it has been successfully paired, the device will automatically send data to our central data platform which is operated by us. Our collection and use of that data is described in more detail on the website. We treat all data in accordance with the terms of our Consent and Privacy Notice: ivie.co.uk/consent-and-privacy-notice/. 14. UPDATES 14.1 We implement technical updates and improvements to the products from time to time, for example to improve security settings. Your device will be updated remotely (as long as it remains connected to Wi-Fi) and will not affect your use of the product. These updates are provided free of charge. 14.2 We will keep devices updated for a minimum of 12 months from the date of delivery to you, provided that the device remains connected to Wi-Fi. 15. THIRD PARTY PRODUCTS AND SERVICES 15.1 As part of your purchase or your relationship with us, you may also be invited to subscribe to third party services or enrol with relevant third party organisations. If you purchase any goods or subscribe to any third party services, this will be governed by the terms and conditions operated by those third parties. Please note that we are not responsible for any goods or services you purchase or receive from those organisations. 16. PRICE AND PAYMENT 16.1 The price of the product (which includes VAT) will be the price indicated on the order form or the relevant web pages (as applicable) when you placed your order. 16.2 At the time of order, you will be asked to make payment for the products in accordance with the instructions given to you at that time. You must pay for the products before we dispatch them. 17. OUR LIABILITY 17.1 If we fail to comply with these terms, we are responsible to you for any loss or damage caused by us, provided that such loss or damage is foreseeable or obvious that it will happen. 17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products. 17.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 18. OTHER IMPORTANT TERMS 18.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms or to enforce the product warranty at paragraph 10.1. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. 18.2 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. 18.3 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. Last Updated: 13th May 2022 Version: 3.5 Shop About ivie Bud About Blog Support Smart meter compatibility Quick start guide User guide FAQs Contact us Our policies Terms of sale Returns policy Consent and privacy notice Socials © Chameleon Technology (UK) Limited 2022. All rights reserved. ivie is a trademark of Chameleon Technology (UK) Limited. Chameleon Technology (UK), 1st Floor, Central House, Otley Road, Harrogate, HG3 1UF. Company Number 7388340. Company VAT number 102998308.
