Online Sales: Terms and Conditions
Please read these Online Terms and Conditions (the “Terms and Conditions”) carefully before you submit your order to us.
These Terms and Conditions tell you who we are, how we will provide goods, services and/or digital content (“product” or “products”) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms and Conditions, please contact us to discuss.
If you need assistance installing or connecting any products that you buy from us, we may, from time to time provide details of ERA approved installers that you can enter into a separate agreement with to install the products should you wish to.
For the purposes of these Terms and Conditions, “writing” includes emails. When we use the words “writing” or “written” in these Terms and Conditions, this includes emails.
1 About us and how to contact us
1.1 We are ERA Home Security Limited a company registered in England and Wales. Our company registration number is 02838541 and our registered office is at 29 Queen Anne's Gate, London, United Kingdom, SW1H 9BU. Our VAT registration number is GB 905 1068 53.
1.2 These Terms and Conditions govern the supply of the products you have purchased from us via our website (the “Website”). A legally binding contract will be entered into between us as described in Clause 2 below.
1.3 These Terms and Conditions do not apply if you have bought products from us from one of our physical stores or using any other ordering method.
1.4 If you wish to contact us, you can do so as follows:
- By post: ERA Home Security Limited, Valiant Way, Wolverhampton, West Midlands, WV9 5GB
- By phone on: 0345 257 2500.
- By email at: email@example.com.
References to “us”, “our” or “ours” refers to Response Electronics.
2 Our contract with you and how to place orders with us
2.1 These Terms and Conditions relate to all orders placed by you (the “customer” or “you”) via our Website. By accepting our Terms and Conditions, you confirm that the data you have provided is correct and that you agree to the Terms and Conditions.
2.2 When selecting a product advertised for sale on the Website, you may place the order by following the on-screen prompts, after clicking on the item you wish to order. You will be guided through the ordering process via the Website, where you will be provided with information about the products, including all relevant specifications and the total price for the products. You will also be given the option to select your preferred delivery method, together with a total price for having your product(s) delivered to you. You will have an opportunity to check and correct any errors up until the point you place your order, to review these Terms and Conditions and confirm you are happy to proceed and commit to paying the relevant price, by utilising our accepted payment methods on the checkout page.
2.3 All orders placed by you and products purchased from us, are subject to acceptance by us. Your order is an offer to buy the products and we will not have accepted your order until we send you an “order confirmation” email. If we cannot accept your order for any reason, we will let you know. Once you receive our order confirmation email, a contract is formed between us and you. No order will be accepted until you have paid for your order in full.
2.4 We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances. If we are unable to accept your order for a product, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock or withdrawn (see Clause 4), because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
2.5 We will assign an acknowledgement number to your order and tell you what it is when we accept your order. It will help us if you can tell us the acknowledgement number whenever you contact us about your order.
2.6 The Website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside of the UK.
2.7 If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we can make the change but the consequences of making the change are unacceptable to you, you may decide to end the contract.
2.8 Where we accept your order, we have a legal duty to supply products that conform with these Terms and Conditions.
3 Descriptions of the products on the Website
3.1 The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours and finishes accurately (where colours are referenced), we cannot guarantee that your device accurately reflects the colour or finish of the products. Your product may vary slightly from those images.
3.2 The packaging of the product may vary from that shown in images on the Website.
3.3 We may change the product:
- a) to reflect changes in relevant laws or regulatory requirements; and
- b) to implement minor technical adjustments or improvements; for example, to address a security threat. These changes will not affect your use of the product.
3.4 In addition, as we informed you in the description of the product on our Website, we may make more significant changes to these Terms and Conditions or the product (other than those contemplated by Clause 3.3), but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
3.5 We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
4.1 All products are subject to availability. We endeavour to hold sufficient stock to fulfil all orders and purchases. In the unlikely event that we have insufficient stock to supply or deliver the products ordered and paid for by you by the timescales we informed you of in the “order confirmation” email, we will attempt to contact you using the details you have supplied to us and ask you how you wish to proceed. We may, at our discretion (acting reasonably), process any part of the order which is available. Where products are out of stock and we consider that we are unable to meet the timescales given to you by us in the “order confirmation” email, we will refund you in full the price you have paid for such products as soon as possible, and in any event within 14 days.
5 Price and Payment
5.1 The prices payable for products that you order are as set out on our Website, plus any charge for delivery as notified to you before you place your order. All prices are inclusive of VAT at the current rate. 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. We reserve the right to update any product price at any time before you place your order, which will then supersede any previous published prices, and to decline or limit the order quantity.
5.2 We take all reasonable care to ensure that the price of the product advised to you is correct. However, occasionally, despite our efforts, an error may occur and products may be incorrectly priced in which case we will not be obliged to supply the products at the incorrect price or at all. We will, at our discretion either end the contract, cancel your order and refund the price you have paid or use every reasonable endeavour to contact you and ask if you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
5.3 From time to time we advertise products at promotional prices. Where a promotion/voucher code is given the code must be quoted at checkout. You must check this has been correctly processed at the checkout before confirming your order, otherwise, you may be charged the full price.
5.4 Payment can be made by most major credit/debit cards or by PayPal by completing the relevant details at the checkout page. By using a credit/debit card or PayPal to pay for your order you confirm that the card/account being used is yours or that you are authorised to use it. We are currently unable to accept any payments from cards that do not have a billing address located in the UK. When and how you must pay depends on what product you are buying:
- a) For goods, you must pay for the products before we dispatch them. We will not charge you until we dispatch the products to you.
- b) For digital content, you must pay for the products before you download them.
- c) For services, you must pay each invoice in advance and in any case in accordance with the payment terms detailed within your account.
We may, in our sole discretion from time to time, allow you to make use of certain instalment payment options such as those provided by Klarna and others. If you do decide to utilise these instalment options, your receipt of the products is covered by these Terms and Conditions, but your contract for payment is with the third-party provider (such as Klarna) and not with us. The relevant terms and conditions (such as those that relate to credit facilities) of that third party shall apply.
If you think an invoice is incorrect, please contact us promptly to let us know.
5.5 Each transaction is verified through a fraud screening and authorisation process provided by our secure gateway and when required we may ask for identification from you to verify yourself as the customer. This is an action recommended by the payment gateway during the fraud screening. The ID we require is used to verify you at the address. We may also perform additional checks on orders valued at more than £200 to verify the billing address matches bank records for the transaction to be completed.
5.6 If the issuer of the card refuses to authorise payment, we will not accept your order, we will not be obliged to inform you of the reason for refusal and will not be liable for the item not being delivered or provided to you. Once your payment has declined, please do not enter your card details again or re-process your order on the Website. If your payment is declined, you will need to first contact your bank for further information and to resolve it.
5.7 We strongly recommend that you do not communicate your payment card details to anyone, including us, in writing or by any electronic means of communication such as an email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
6 Delivery, providing the products and when you will own the products
6.1 Our delivery charges are as set out on the Delivery and Returns page of our Website, and you will be asked to confirm your preferred method of delivery at checkout. Details of the delivery charges will be confirmed before you place your order.
6.2 We will deliver the products to the address you specify for delivery in your order. It is important that the address you provide is accurate. We cannot accept any liability for any loss or damage to the products once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery partners will leave you a note informing you: (i) that they have left the products with a neighbour; how to rearrange delivery; or (iii) how to collect the products from a local collection centre.
6.3 We will aim to deliver the products by the date quoted for delivery but delivery times are not guaranteed. In any event:
- a) if the products are goods, we will aim to deliver the goods within 14 days from the day after the day we received your order unless set out otherwise in the “order confirmation” email. If delivery is delayed beyond this time, we will contact you and either agree on a mutually acceptable alternative date or offer you a full refund;
- b) if the products are one-off services, we will begin the services on the date set out in the “order confirmation” email. The estimated completion date for the services is as told to you during the order process and as confirmed in the “order confirmation” email;
- c) if the product is a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order;
- d) if the products are ongoing services or a subscription to receive goods or digital content, we will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you or we end the contract in accordance with these Terms and Conditions.
6.4 Before placing your order, please refer to the delivery options set out on the Website. A valid signature may be required on collection or delivery. In the unlikely event that you do not receive all the products you have ordered, you must notify us immediately. We suggest that you do not schedule or commence any installation work until after you have received your order and checked all products for any defects or missing parts.
6.5 You must make every reasonable effort to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 14 days of the failed delivery. Alternatively, the courier may deliver the parcel to a local pick-up point and you will be notified by the courier if this happens. If delivery fails due to steps within your reasonable control, the cost of re-delivery shall be borne by you. If despite our reasonable efforts, we are unable to arrange a date for re-delivery we may end the contract and cancel your order and refund you the price paid for the products, less the cost of the failed delivery.
6.6 If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 8.16 will apply.
6.7 You have legal rights if we deliver any products late. If we miss the delivery deadline for any Products then you may treat the contract as at an end straight away if any of the following apply:
- a) we have refused to deliver the products;
- b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- c) you told us in writing before we accepted your order that delivery within the delivery deadline was essential.
6.8 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 6.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.9 If you do choose to treat the contract as at an end for late delivery under Clause 6.7, you can cancel your order for any of the products or reject products that have been delivered by providing written notice to us. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled Products and their delivery. If the products have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0345 257 2500 or email us at firstname.lastname@example.org for a return label or to arrange a collection.
6.10 Upon delivery of the products to you or your collection of the products, the products shall be your responsibility. Save for any software in the products and/or digital content (which is licensed), you will own the products once we have received payment in full. Once products have been delivered to you in accordance with these Terms and Conditions, they will be held at your own risk and we will not be liable for their loss or destruction.
6.11 We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 8(iv) will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.12 Please do get in touch with us in the event of any identified damage, shortages or non-delivery as soon as possible.
6.13 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7 Additional Manufacturer’s Warranties and Guarantees
7.1 Some of our products are sold with the benefit of an additional manufacturer’s warranty, guarantee or similar assurance (please refer to the relevant product description on the Website for further details) and some of our products are supplied with our own manufacturer’s guarantee. In all cases, any complaint, query or claim under a manufacturer’s warranty should be made direct to our Customer support Team on 0345 257 2500 or by email at: email@example.com.
7.2 Any manufacturer’s warranty, guarantee or similar assurance applies in addition to your legal rights as a consumer.
8 Cancellation, Returns and Refunds
8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. The following sections apply to each of these scenarios.
(i) Your legal right to cancel
8.2 As you have purchased products online via our Website, you have a legal right to cancel your order without giving a reason if you do so. How long you have to exercise this right depends on exactly what you have ordered and how it is delivered – please see Clause 8.20.
8.3 To exercise your right to cancel, you may inform us of your decision by post, phone or email. You may also use the cancellation form which is available at the end of this document, or for download on our website page ’Right to Cancel’ to cancel your order, but you are not obliged to do so.
8.4 You should include the return slip that is included in the delivery. Furthermore, we ask you to return the product in its original packaging. When you return the product it should be unused and have all product labels and tags still there. Unless the product is being returned because of a fault, you will be responsible for the cost of returning the products to us.
8.5 Where you have a right to cancel as set out in this Clause 8, we will pay you back 100% of the amount that you paid for the products and the cost of our standard delivery. We will refund you the price you paid using the method you used for payment. We may make deductions from the price, as described below:
- We may reduce your refund to reflect any reduction in the value of the products 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 products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
- Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.6 Refunds will be made as soon as possible. If the products are being returned by you, your refund will be made within 14 days from the day we receive the products back or, if earlier, within 14 days from the day on which you provide us with sufficient evidence that you have sent the products back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8.7 If you cancel part of your order, we will not refund the delivery charges.
8.8 You will lose your right to cancel without a reason after the expiry of our Goodwill Return Policy period referred to in Clause 9 (but note that this does not affect your statutory rights if there is any problem with the products). If you are considering cancelling your order because of any problem with the products, please notify us of the problem prior to or at the time of cancellation.
(ii) What to do if there is a problem with your products
8.9 We have a legal obligation to supply Products that are in conformity with this contract.
- a) If your product is goods, the Consumer Rights Act 2015 says that products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your products, your legal rights entitle you to the following:
- up to 30 days: if your products are faulty, then you can get an immediate refund;
- Up to 6 months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases;
- up to 6 years: if your products do not last a reasonable length of time you may be entitled to some money back.
- the Consumer Rights Act 2015 says that digital content must be as described, fit for purpose and of satisfactory quality;
- if your digital content is faulty, you're entitled to a repair or a replacement;
- if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back;
- if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
- if you haven't agreed on a price beforehand, what you're asked to pay must be reasonable;
- if you haven't agreed on a time beforehand, it must be carried out within a reasonable time.
8.10 If you wish to exercise your legal rights to reject products you must either return them to us or post them back (or if they are not suitable for posting) allow us to collect them from you. We will pay the cost of postage or collection. Please contact us to arrange a collection or to receive a return email. We will also pay for the cost of returning products if you are ending the contract because we have told you of an upcoming change and you have elected to end the contract in accordance with Clause 3.4, an error in pricing or description, a delay in delivery. If you wish to return a product for any other reason where you do not have a legal right to do so, you will need to pay for the costs of return or collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
8.11 We will refund any sums due to you by the method you used for the original payment, and we may be entitled to make deductions.
8.12 We recommend that you check all products you receive against your order. If the products you receive are damaged, have been misdescribed or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. When contacting us to arrange for your product to be returned you will be issued with a Returns Reference Number which must be quoted in all communication.
(iii) Where we may suspend the supply of the products to you
8.13 We may have to suspend the supply of products:
- to deal with technical problems or make minor technical changes;
- to update the products to reflect changes in relevant laws or regulatory requirements;
- to make changes to the products as requested by you or notified to us by you;
- If you do not pay us for the products when you are supposed to we will not supply the products until you have paid us the outstanding amounts.
8.14 We will contact you in advance to tell you we will be suspending the supply of the products, unless the problem is urgent or an emergency. You can contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the products in respect of the period after you end the contract.
(iv) How we can end this Contract
8.15 We may end the contract for a product at any time by writing to you if:
- a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
- b) you do not, within a reasonable time, allow us to deliver the products to you; or
- c) you fail to comply with an important part of the contract.
8.16 If we end the contract in the situations set out in Clause 8.15 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
8.17 We may write to you to let you know that we are going to stop providing the product. We will let you know at least 90 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
(iv) How you can end this Contract
8.18 You may end the contract for a reason set out in this Clause 8.18 and the contract will end immediately. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with the product, how we are performing and when you decide to end the contract. The reasons are:
- a) we have told you about an upcoming change to the product or these Terms and Conditions which you do not agree to and you have elected to end the contract in accordance with Clause 3.4 (in which case we will refund you in full for any products which have not been provided and you may also be entitled to compensation);
- b) 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 (in which case we will refund you in full for any products which have not been provided and you may also be entitled to compensation);
- c) there is a risk that supply of the products may be significantly delayed because of events outside our control (in which case we will refund you in full for any products which have not been provided and you may also be entitled to compensation);
- d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons (in which case we will refund you in full for any products which have not been provided and you may also be entitled to compensation);
- e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late) (in which case we will refund you in full for any products which have not been provided and you may also be entitled to compensation);
- f) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 8(ii);
- g) in accordance with our Goodwill Return Policy, described at Clause 9; or
- h) if you have just changed your mind within the cooling off period, but this may be subject to deductions. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in Clause 8(i) above.
8.19 There are some circumstances where you don’t have the right to just change your mind (whether pursuant to Clause 8(i) or Clause 9, which are set out below:
- a) digital products after you have started to download or stream these or, in the case of a voucher code, once it has been activated;
- b) services, once these have been completed, even if the cancellation period is still running;
- c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- e) any products which become mixed inseparably with other items after their delivery.
8.20 How long you have to change your mind pursuant to Clause 8(i) depends on what you have ordered and how it is delivered.
- a) If you have bought services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- b) if you have bought digital content, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- c) If you have bought goods, you have 14 days from when the goods are delivered to you (or before at any time from when we accepted your order until the expiry of the 14-day period).
8.21 Even if we are not at fault and you do not have a right to change your mind (see Clause 8(i) or rights under our Goodwill Return Policy (see Clause 9), you can still end the contract before it is completed, but you will forfeit any advance payments you have made. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, but as stated you will forfeit any advance payments you have made as our compensation for the net costs we will incur as a result of your doing so.
9 30-day ‘No Fuss’ Money Back Guarantee (our “Goodwill Return Policy”)
9.1 In addition to your statutory rights, we offer a supplemental 30-day Goodwill Return Policy should the products you have purchased not meet with your requirements for any reason other than due to our breach of these Terms and Conditions. Our Goodwill Return Policy does not in any way affect your legal rights under the Consumer Contracts Regulations, Consumer Rights Act 2015 or other applicable consumer legislation.
9.2 Our Goodwill Return Policy (refund or exchange), (where there is no legal right to a refund or exchange under the Consumer Contracts Regulations or the Consumer Rights Act 2015 or otherwise), is offered against products that are returned to us in a resalable condition and are accompanied by a valid Returns Reference Number (as supplied to you by our Customer Support Helpline), that are received within 30- days after the day on which you receive the products. In addition, our Goodwill Return Policy also applies to any voucher code you may have received, but only if that voucher code has not been activated; if it has been activated, our Goodwill Return Policy will not apply
9.3 Cost of outward bound and return postage is your responsibility and is non-refundable unless otherwise agreed by prior arrangement.
9.4 If you wish to cancel your order or return any products to us under the rights described above, the following terms apply:
- you must take reasonable care of the products while in your possession and they must be returned to us in their entirety and in good order;
- products should be returned in or with their original packaging unless we agree that you may dispose of them, in which case please comply with the manufacturer’s instructions before disposing of hazardous products;
- we recommend that you use a tracking service to return any products to us. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable) to such loss or damage.
9.5 This Goodwill Return Policy is provided in addition to your legal rights.
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
10.1 We are under a legal duty to supply the products in conformity with these Terms and Conditions. Nothing in these Terms and Conditions will affect your legal rights and any warranties given by us as described in these Terms and Conditions are in addition to your legal rights as a consumer.
10.2 We are responsible to you for foreseeable loss and damage directly caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms and Conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms and Conditions were entered into, both we and you knew it might happen, for example, if you discussed it with us during the sales process and we confirmed this in writing.
10.3 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; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match the information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
10.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.5 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.
10.6 We have no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.
10.6 If you have any problems with your order, please contact us.
If you need more information about your legal rights, you may contact your local trading standards or visit the Competition and Markets Authority’s website for further information.
11 Events Beyond our Control
11.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to products supplied or delivered here-under or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, failure of telecommunications networks, flood, storm, earthquake, natural disaster, pandemics, epidemics, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restrains of Government, and imposition or restrictions of imports or exports).
12 Disposal of Electrical and Electronic Equipment
12.1 The Waste Electrical and Electronic Equipment Regulations 2013 (WEEE regulations) relate to reducing the amount of waste electrical and electronic equipment incinerated or sent to landfill sites. Reduction is achieved through various measures which encourage the recovery, reuse and recycling of products and components. For the correct disposal of household waste, please take it to your nearest Designated Collection Facility (DCF). For battery disposal please visit www.recyclenow.co.uk.
13 Other important terms
13.1 Our contract shall be governed by and interpreted in accordance with English law and, if you are a consumer, you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
13.2 We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
13.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing. However, you may transfer our guarantee in these Terms and Conditions to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
13.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 13.3 in respect of our guarantee. 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 and Conditions.
13.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions 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.
13.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
14.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at ERA Home Security Limited, Valiant Way, Wolverhampton, West Midlands, WV9 5GB and all notices from us to you will be displayed on our website from time to time.
15 Changes to legal notices
15.1 We reserve the right to change these Terms and Conditions from time to time in accordance with the provisions of these Terms and Conditions, so please refer to them as often as possible, as any future changes will apply to any future orders that you wish to make.
16 After Sales Customer Support
16.1 Our Customer Support Helpline can be reached on: 0345 257 2500 or by email at: firstname.lastname@example.org
17 Dispute Resolution
17.1 If you are not happy with anything that we provide to you under these Terms and Conditions, including the products, in the first instance you can raise the issue via email@example.com. If this does not resolve your complaint within a reasonable time, you may escalate it to the ERA Customer Support Manager either via email at firstname.lastname@example.org or by post to ERA Home Security Limited Valiant Way, Wolverhampton, West Midlands, WV9 5GB. This process does not impact your legal rights and you can still bring legal proceedings.
Updated: 7 October 2021