Howz Home Care Kit Terms and Conditions

These terms and conditions apply to the use of this Website, being www.howz.com and by accessing this Website and/or placing an order, you agree to be bound by these terms and conditions which We've set out below. If you don't agree to be bound by these terms and conditions, you may not use or access this Website in order to buy the Products from EDF Energy under this offer.

Before you place an order, if you have any questions relating to these terms and conditions, please contact Our team through our contact form.

The business policies which include further details on orders, deliveries, returns and refunds, payments, complaints, accessibility and safety and security form part of these terms and conditions.

Ownership & operation

The Seller is EDF Energy Customers Ltd ("We", "Us" and "Our") which is registered in England and Wales at Companies House No. 02228297. Registered Office: 90 Whitfield Street, London W1T 4EZ. We reserve the right to subcontract any of our obligations under these terms and conditions without your permission, however, if so we will ensure our Contractor remains responsible for such obligations.

Our Contractor means any of our contractors or subcontractors (including their permitted subcontractors) engaged to perform any of our obligations under these terms and conditions or otherwise provide works and/or services for us, or on our behalf of, in connection with the Contract, included but not limited to Intelesant Limited, a company registered in England and Wales with company number 08227235, whose registered office is at Unit 45 Greenheys Business Centre, Pencroft Way, Manchester M15 6JJ (“Howz”).

Access

You are provided with access to this Website in accordance with these terms and conditions and any orders placed by you must be placed strictly in accordance with these terms and conditions.

This Website is made available free of charge.

You are responsible for making all arrangements necessary for you to have access to this Website. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions and other applicable terms and conditions and that they comply with them.

No reliance on information

The content on this Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.

The Website is run and maintained by Howz and so the accuracy and completeness of the information on the Website is Howz’s sole responsibility. We make no representations, warranties or guarantees, whether express or implied, that the content on this Website is accurate, complete or up-to-date.

Indemnity

You agree fully to indemnify, defend and hold us, and Our group companies, officers, directors, employees, agents and suppliers, harmless immediately on demand, without limitation from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your Personal Information.

You will co-operate as fully as reasonably required by Us, in defence of any claim. We reserve the right, at Our expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent from Us.

Our rights

We and our Contractors reserve the right to:

Third party links

To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

You may link to the Website’s homepage or EDF Energy’s website being www.edfenergy.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to this Website on any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page.

We reserve the right to withdraw linking permission without notice. The Website in which you are linking must comply in all respects with the content standards set out in Our Acceptable Use Policy below.

If you wish to make any use of content on this Website other than that set out above, please contact us.

Privacy & cookies

We will treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.

If you'd like to read more on how and where we collect or how we use your personal data, please see our Privacy policy.

Please see our cookies policy to learn more about what cookies we use, their nature, purpose and related usage of your Personal Data on this Website.

Description of products

Each Product purchased is sold subject to its Product description which can be viewed at Section A below.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on Our part We cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

We reserve the right to reject or cancel any orders which do not comply with these terms and conditions and for any other reasons set out in these terms and conditions.

Find out more about our payment, order, delivery, returns and refunds terms which are incorporated into these terms and conditions.

Promotional codes and offers

If you have a coupon, voucher code or promotional discount offered by EDF Energy which has not expired, it may be valid to use on this Website.

Conditions include:

Our promotional codes all have specific rules, and some products may be excluded. If you do not apply the promotion code correctly or forget to apply it, We cannot add discounts to orders once the order has been placed.

WEEE (Waste Electrical and Electronic Equipment)

The Waste Electrical and Electronic Equipment (WEEE) Directive came into force on 1 July 2007.

This regulation was implemented to reduce the quantity of electronic waste being sent to landfill, because 75% of waste electronic have ended up in landfill site, and in 2007 only 3% of batteries were being recycled.

Look for the ‘crossed out wheelie bin’, which appears on all new batteries and electrical and electronic goods that can be recycled. It’s not just new goods though, some old equipment can be recycled too, so it’s worth checking to see if it can be recycled. Under this legislation old electrical items must not be disposed of with standard waste (normally your black bin/bag or through your council recycling scheme), but should be taken to a central point for recycling. These recycling points are provided free of charge.

Unfortunately, EDF Energy can’t accept old appliances or electronic devices that need recycling, but we are helping to fund the network of free recycling points through Our membership of a Distributor Take-back Scheme (DTS). The DTS will allow you to deposit your old electrical and electronic items at UK recycling sites, free of charge to be recycled. This applies to mains or battery operated powered items such as washing machines, televisions and smaller appliances including toasters, tools and toys powered by electricity. More details on the recycling of waste, including details of your nearest collection site can be found at www.recycle-more.co.uk.

EDF Energy offers limited battery collection from selected office locations (for domestic portable batteries, We do not accept industrial or car batteries) and we provide in-store recycling for all customers to deposit their used portable batteries with no obligation to purchase new ones. Alternatively, you can also use the battery collection facilities at other retailers, supermarkets and at your local recycling site.

Please do your bit to protect the environment and to conserve the Earth’s limited resources by recycling your old batteries, and WEEE waste.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

Non-acceptance of an order may be a result of one of the following:

The contract will be concluded in English.

If you require any information regarding orders you have placed with www.Howz.com, please contact us.

Consumer Contracts Regulations 2013

This legislation offers you the following cancellation rights when you buy online or by phone:

Please see our Refund policy for further details.

Guarantees for consumer electronics products

If you have any proposed claims under the manufacturer guarantee, after 30 days of purchase, please contact the manufacturer directly, being Intelesant Ltd (Registered number 08227235, registered office Unit 45 Greenheys Business Centre, Pencroft Way, Manchester M15 6JJ). If you have any additional questions, please contact us.

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain always vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for:

We shall not be liable for any indirect losses you may suffer, including any loss of profit, income or anticipated savings as a result of Our failure to comply with these terms or Our negligence. Save that Our liability in respect of any death or personal injury caused by Our negligence shall not in any way be restricted.

The refund or replacement of a Product is your sole and exclusive remedy and the entire liability of Us and Our group of companies.

Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

The Website

While We will use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

Products

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

Severance

If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of these terms and conditions.

Waiver

No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of these terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

General

The reproduction of colours is as accurate as the photographic and production process will reasonably allow.

All risk in the products We supply to you, in particular the risk of any loss or damage, shall pass to you on the delivery of the Products to the address you specify in your order. Ownership of the Products shall not pass to you until We have received payment in full in respect of such products.

These terms, constitute the entire terms on which We will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.

You may not assign or sub-contract any of your rights or obligations under these terms to any person without Our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

No delay or failure by Ourselves in exercising or enforcing any of Our rights or remedies under these terms shall operate as a waiver of those rights.

If you have any complaints or comments about the Website or any of the Products supplied to you via the Website, please contact us through the Contact us section on the Website.

Complaints policy and process

We hope that you're pleased with any purchase you've made through this Website, and that you'll never have reason to complain but if there's something you're not happy with, please contact us.

We will try our best to resolve all issues with you as quickly as possible, if we are unable to resolve your problem straight away, our advisers will agree a resolution process and timeline with you. To read about your consumer rights please see the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Acceptable use policy

Your use of this Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

You may use this Website only for lawful purposes. You may not use this Website:

You also agree:

Suspension and termination

We will determine, in Our discretion, whether there has been a breach of this acceptable use policy through your use of this Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use this Website, and may result in Our taking all or any of the following actions:

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.

Entire agreement

These terms and conditions govern our relationship with you. In agreeing to be bound by these terms and conditions, you confirm that you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your rights are not affected by these terms and conditions.

Law

These terms and conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

For any queries regarding Our service, please contact us via Our Contact us form or by letter to the address below:

Intelesant Limited (“Howz”)

Registered office: Unit 45 Greenheys Business Centre, Pencroft Way, Manchester M15 6JJ

Registered in England and Wales. Company number: 08227235

VAT no: 156 9526 74

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Section A – Product Description

The smart home monitoring kit comprises:

Home Hub

The Home Hub is an open Linux platform for communication with a motion sensor, a door sensor, and a smart plug. Information is transmitted from the gateway to the Howz analytics system via the internet.

General

Power

Environment

Internet connection – Ethernet cable

Gateway/sensor communication protocol - Zigbee

Certification - ZigBee 2.4 GHz, CE

Smart Plug

The Smart Plug is an intelligent remotely controlled adapter. It monitors power consumption and enables the user to control electrical equipment remotely. It is Zigbee certified and does not require any professional installation.

General

Environment

Radio features

Specifications power meter

Specifications remote control

Certifications

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Motion Sensor

The Motion Sensor detects occupancy, light and temperature.

General

Power supply

Environment

Radio features

Specifications occupancy

Specifications light sensor

Specifications temperature sensor

Certifications

Window/door sensor

The Window Sensor detects and reports the opening and closing of doors and windows. Easily installed on any door or window, the sensors trigger a signal when parted, notifying the user when a room is entered. The Window Sensor also features a built-in temperature measuring functionality that measures changes in room temperature, down to a 0.1°C interval.

General

Power supply

Environment

Radio features

Specifications temperature sensor

Specifications detection sensor

Certifications

MANUFACTURER WARRANTY PROVIDED BY INTELESANT LTD

The products at the time of delivery shall meet the manufacturer’s specification for the product in question, and the products at the time of delivery will comply with applicable laws and regulations in the product specification, and the products at the time of delivery are free from material defects.

Apart from the above, the manufacturer makes no warranty with respect to the products, expressed or implied, including but not limited to any implied warranties of any merchantability or fitness for a particular purpose or use.

The warranty shall apply only to the products received in the same unbroken package as shipped. Whether intentional or accidental, any breakage, leakage, subdivision that have a direct bearing on the quality and characteristics of the products as well as any storage or handling inconsistent with the manufacturer's storage and handling instructions concerning the products, shall render the warranty null and void with respect to the products so affected.

Howz warrants that for a period of 12 months from the date of delivery (“warranty period”) the product will be free from material defects in design, materials and workmanship and will substantially conform to the specification. The manufacturer is liable for and must remedy any defects in accordance with the provisions of the agreement. Place of delivery with regards to warranty is the specified address of the customer.