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Welcome to our Web site at www.HomeServe.com (the 'Web site'). The Web site is provided by HomeServe plc, a company registered under number 02648297 in England and Wales and whose registered office is at Cable Drive, Walsall, WS2 7BN ('HomeServe', 'us', 'we' or 'our' for short) 'You' and 'Your' means you as the user of our Web site.
These terms and conditions ('Terms and Conditions') govern your use of the Web site and the sale and supply of all products, services and information via the Web site. By accessing the Web site, You agree to these Terms and Conditions. If You do not agree to these Terms and Conditions, You should not use the Web site. You should read all the Terms and Conditions prior to using the Web site. You should also save and/or print out a copy of these Terms and Conditions for future reference.
We may from time to time make changes to the terms of this Agreement. Any changes will be posted on our Web site and notified to You by means of a notice and links to the revised terms of the Agreement on our homepage. Please review these Terms and Conditions regularly to ensure You are aware of any changes made by us. If You place orders for products or services after changes are notified to You in this way, You agree to such changes. If you do not agree to such changes, you should not use this Web site or place any further orders.
Access to our Web site is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. Access to our Web site is dependent upon availability of the worldwide Web and we accept no responsibility for Your inability to access our site arising out of circumstances beyond our reasonable control.
We have the right to disable Your access to our Web site at any time if, in our opinion, You have failed to comply with any of the provisions of this Agreement.
Commentary and other materials posted on our Web site are not intended to as advice and should not be relied upon. To the fullest extent permissible by law, we disclaim all liability and responsibility arising from any reliance placed on such information and all terms, representations, conditions or warranties that might otherwise be implied in this Agreement are hereby excluded.
You may link to our home page, provided You do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must link to our Web site in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, the copyright notice, or other information published on the Web Site. Our Web site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Subject to the terms of this Agreement, we grant You a non-exclusive, non-transferable, revocable, limited right to access, view, and print out one copy of this Web site and all data, information, software graphics, images, text, posts and other content on the Web site, ('Materials') on a single device strictly in accordance with this Agreement.
You may only view, print out and use the Web site and the Materials for Your own personal, non-commercial use. We expressly reserve all intellectual property rights in and to the Web site and the Materials and Your use of the Web site and Materials is subject to the following restrictions. You must not (a) remove any copyright or other proprietary notices contained in the Materials; (b) modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; (c) transfer the Materials to any other person; (d) use any Materials from the Web site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; or (e) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Web site and/or the Materials in any way; without our prior written consent.
We expressly reserve all rights in and to www.HomeServe.com, the trade mark, 'HomeServe' and all other related service marks, trading names or other trade marks relating to our products and services. Other trademarks, products and company names mentioned on the Web site may be trademarks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.
The Web site and/or the Materials may contain links to third party web sites. If You decide to visit any third party site, You do so at Your own risk. We are not responsible for the content, accuracy or opinions expressed in such web sites. Links do not imply that we or this Web site, is affiliated or associated with such sites. Third party content may appear on the Web site or may be accessible via links from the Web site. We are not responsible for and assume no liability for such content.
All orders are subject to acceptance by us.
HomeServe will use its reasonable endeavours to keep copies of all contracts for orders placed for products by You, but cannot guarantee that it will keep a copy of every agreement for an unlimited time due to the number of orders for products that it receives. You should print out a copy of these Terms and Conditions and the confirmation email in relation to all purchases and keep them in a safe place as a record of each transaction.
Contracts with HomeServe are concluded in English.
The prices for any products or services ordered will be as quoted on our Web site from time to time, except in the case of obvious errors. All prices are inclusive of VAT and the cost of delivery (see Delivery).
You may pay for your order by direct debit or by credit or debit card (depending on the acceptable method of payment depending on the product or service in question You wish to purchase). Credit card and debit payments can be made either on-line (via our SSL secure payment system), or by phone using one of the following credit cards: VISA, MasterCard or Switch/Maestro. We will charge your credit card or debit your bank account before we authorise release of the repair service or product in question. All credit card payments are subject to validation checks and authorisation by the card issuer.
You promise that if You are purchasing something from us or our partners that (i) any credit information You supply is true and complete, (ii) charges incurred by You will be honoured by Your credit card company, and (iii) You will pay the charges incurred by You at the posted prices, including any applicable taxes.
We anticipate all products ordered via our Web site will be delivered to the address specified by You within our standard delivery time of up to 21 days from the date when payment for the products is received by us in cleared funds. If You wish to arrange a different delivery period, You can contact us and we will try to accommodate your request, but we cannot guarantee that we will be able to meet Your required timescale.
All products are subject to availability. Where any Product turns out to be temporarily unavailable, we may offer a replacement Product to You. You have the right to accept or refuse this replacement Product. If You choose to refuse it You will be able, at Your option, to either order another Product from our Web site or cancel Your order and claim a refund.
We retain ownership of all products ordered until they have been delivered to You. Ownership of and risk in all products shall pass to you upon delivery.
You may cancel your order at any time and for any reason within 7 working days of delivery of the Products ordered. ('working' days do not include Saturdays, Sundays and public holidays). Orders for certain Products may not be cancelled - these include: (a) Products that have been clearly personalised; and (b) Care Kits if their wrapping has been removed. If you wish to cancel your order you must notify us of your wish to cancel in writing and you must return the Product(s) to us (at your expense) in their original wrapping, intact and accompanied by all accessories and documentation that were part of the delivery. We will refund any monies paid to us in respect of a cancelled order within 30 days of receiving your notice of cancellation. You may request a refund by contacting us by email.
Where these Terms and Conditions require You to notify us in writing, notices should be sent to us by post to our address below (see the Contact Us section below) or by e-mail. If we need to notify You of anything, we will do so by e-mail or post to the e-mail or postal address You provide during the order process. Notices will be deemed received 24 hours after the e-mail is sent or three days after the date of posting.
Our carriers will only deliver products ordered from this Web site to the United Kingdom.
If You receive a product which is faulty or damaged please notify us immediately by one of the methods specified in the Contact Us section below and return the relevant product to us together with a brief explanation of the fault or damage. Upon receipt of the product, we will examine it and conduct a test to see if it is faulty or damaged. We may, as we think appropriate, credit You with an appropriate sum in respect of the product. In any event, we shall (subject to availability) send You a replacement Product or suitable alternative.
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Web site, the Materials and/or all products or services supplied by us in connection with this Web site.
We shall not be liable under this Agreement for any indirect, special, incidental or consequential damages whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The materials on this Web site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials. Any reliance on any such opinion, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Web site and to make any changes to the features, functionality or content of the Web site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Web site.
We do not represent or warrant that the Web site will be error-free, free of viruses or owner harmful components, or that defects will be corrected.
Nothing in this Agreement shall exclude our liability for: (a) death or personal injury arising through negligence; (b) fraudulent misrepresentation; and/or (c) anything else that cannot be excluded or limited by us under English law.
Our aggregate liability in connection with any claim arising out of or relating to the Web site, the Materials and the products and/or services provided in connection with the Web site shall be limited to the amount paid by You in relation to the subject matter of the claim.
You shall compensate and hold us and our partners, affiliated companies, agents, officers, directors, employees harmless against all liabilities, losses, claims and expenses, including reasonable legal fees, incurred by the same in connection and/or arising out of You breach of the terms of this Agreement.
You shall comply with all applicable laws and regulations in England and Wales in connection with Your use of the Web site and the Materials that appear on it.
The laws of England and Wales shall apply to this Agreement and this Agreement shall be interpreted under English law. Any dispute arising from this Agreement shall be subject to the non-exclusive jurisdiction of the English courts.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
If you have any concerns or queries about material that appears on our Web site please email us.
Nothing in this Agreement shall affect your statutory rights. Thank you for visiting our Web site.