Terms & Conditions
Terms and Conditions of Sale of Wondrwall Products
These terms and conditions of sale govern the purchase of Wondrwall hardware products (Products) from Wondrwall Ltd (also referred to as ‘we’, ‘us’ or ‘our’ herein) directly.
Please note that these terms do not apply if you have purchased Products from a third party seller. Any such seller will have its own terms and conditions and, should you have any issues with your Products, you should contact the seller from whom you made the original purchase.
- By purchasing Products directly from Wondrwall, you are deemed to have accepted and be bound by these terms and conditions of sale (Terms) and any additional terms we provide, including but not limited to the terms of the limited warranty provided by us, whether provided with a Product, linked from it or our mobile application.
- By placing an order for Products, you represent and warrant that you have the right, authority and capacity to accept and agree to these Terms. You further represent that you are of sufficient legal age in your jurisdiction or residence to purchase and use products and to enter into this agreement. If you do not agree with any of the provisions of these Terms, please do not purchase the products.
- We reserve the right to change these Terms from time to time, so please review the Terms each time prior to purchasing any Product from us. Every time you order Products from us, the Terms in force at that time will apply between you and us.
- The purchase of Products through our website is for retail sales to private consumers only. Please contact our Sales team on 0161 533 0150 if you wish to purchase wholesale supplies.
- Purchases made from our website are intended for end users only and we do not authorise the resale of any Product so purchased. Title to any Product purchased from our website passes to the purchaser at the later of the time of receipt of payment by us of cleared funds for the purchase of the Product(s) in question and the time of delivery by us to the freight carrier but we and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you and until such time as it is delivered to you (or to any place or person you have authorised delivery to (including neighbours or ‘safe places’).
- As a consumer, you have certain legal rights. Within these Terms there are certain disclaimers, exclusions and limitations of liability which do not apply to the extent prohibited by applicable law. Some jurisdictions do not permit the exclusion of implied warranties, including exclusions relating to products that are faulty, not fit for purpose or mis-described, or the exclusion or limitation of incidental or consequential damages or other rights. Nothing in these Terms will affect those other legal rights and, if you are unsure of what rights apply to you, please refer to the laws applicable in your country or jurisdiction.
- Whilst the purchase of Products may be available from our website to many countries, the Products offered in the Store are not designed and tested for use in all such countries. If you choose to use the Products outside the European Economic Area (including the United Kingdom), you do so at your own risk and you are solely responsible for complying with the laws and regulations applicable in your country. In such circumstances you agree that some or all of the features of the Products and/or available through our mobile application may not work properly or be appropriate for use in such a country. To the extent we are permitted by law, Wondrwall accepts no responsibility or liability for any damage or loss caused by your use of the Products and mobile application in any jurisdiction not stated above. In such circumstance you are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
- You acknowledge that we are under no obligation to verify, and confirm that you have verified, the compatibility of any Product you are purchasing with other equipment in your home (e.g., ensuring that your heating system is compatible with our thermostat Product). You are solely responsible for determining the compatibility of the Products with other equipment in your home and you accept that lack of compatibility does not constitute a valid claim under the warranty provided and does not otherwise allow you to claim a refund after the 30-day refund policy described below.
Reservations and Pre-Orders.
- Products which are expressed to be available for reservation or pre-order on our website are not offered for sale by us and by placing a reservation or pre-order for a Product that is not at that time available, you are making an offer to us to purchase the Product subject to these Terms. At such time as Product is available, we may at that time accept your offer to purchase Products subject to these Terms and will capture payment on the payment card or other payment mechanism (e.g. PayPal) you provided and ship your Product.
- Wondrwall will obtain an authorisation from your bank or credit card company for no charge at the time of making a reservation or pre-order. An authorisation from your payment card company may stay open for several days or weeks before a charge is actually made. In addition we may obtain an additional authorisation from your payment card company to confirm the necessary funds are available to purchase the Product requested at the time of sale.
- You may cancel your offer to purchase Product at any time prior to shipment and you will not be charged or, if payment has been taken, you will be refunded to the original payment method.
- Notwithstanding the provisions above, we reserve the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled or if additional information is needed to complete and accept your order.
- By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges).
- If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Wondrwall account, you may do so at any time by logging into your account and editing your payment information.
Availability and Pricing.
- Any Product that we offer for sale on our website is offered subject to availability and we reserve the right to (i) impose limits on any order, (ii) reject all or part of an order and (iii) discontinue offering certain Products, in each case without prior notice.
- Prices for our Products are subject to change at any time, but these changes will not affect any orders you have already placed.
- Depending on the order, we will calculate and charge sales tax (VAT or similar) in accordance with applicable laws.
Shipping and Delivery.
- Prices for the Products do not include shipping costs which shall be quoted or described on our website from time to time. Any estimated arrival or delivery date is not guaranteed. Refused deliveries will be returned to our warehouse. It may take up to 30 days for the returned items to be identified as refused and processed for a refund (although this does not affect your rights under the Returns for Refund section below).
- The Products available have been designed, marketed and sold for use by residents of the countries referred to in paragraph 7 above AS APPLICABLE. All safety warnings, information, instructions, materials, mobile applications and support services are provided only in English, French and German. In other countries, any such items or services may not be available in local language. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
- There may be laws in the jurisdiction in which you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. Wondrwall is not responsible for any injury or damage caused by self-installation. Whilst Wondrwall maintains a list of recommended installers of the Products on its website, these installers are not our employees and are not affiliated with us in any way. We are not responsible for any conduct of or liability associated with these installers. You should do your own diligence in respect of any installer.
Returns for Refund.
- Should you wish to return a Product you have purchased from our website for a refund, you must notify us by the later of: (i) 30 days following the date of purchase, or (ii) 14 days following the day you received the Product.
- To initiate a return, you must inform us of your decision within the period stated in paragraph 21 above clearly stating your desire to return the Product. Although it will not affect your right to a refund, please include details on where and when you purchased the Product and your reason for returning the Product, together with any invoice number or packing instruction references. Wondrwall customer service may provide you with a reference number, which must be included with your return shipment to us so we can identify your shipment, and with a return address. If you purchased the Product from somewhere other than our website, we are not responsible for any return conditions and you should contact the seller from whom you purchased the Product to obtain a refund.
- To receive a refund, you must return your Product in its original packaging with any reference number we supplied within the 14 days following the day on which you notify Wondrwall customer support that you wish to return your Product. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including, for the avoidance of doubt uninstallation and the cost of shipping the Product back to Wondrwall). We recommend, when returning a Product, using a secure, insured and tracked delivery service as we will accept no responsibility for any losses incurred as a result of a lost or damaged package.
- We will refund the price you paid for the Product plus the original delivery cost (up to the value of our Standard delivery option). However, please note that (i) if you purchase a bundle (multiple Products sold together at a discount), you will only be refunded if you return the full bundle; (ii) we are entitled to reduce the amount of your refund to reflect any reduction in the value of the Product, as determined at our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish its functionality (e.g., beyond what would normally be permitted in a shop).
- We will pay any refunds due to you within the 28 days following the day on which we receive the Product back from you. Please retain evidence of your shipment and use a tracked or ‘signed for’ delivery service.
- The return policy described above is in addition to, separate from, and does not substitute your legal rights and remedies under applicable law.
- If a dispute arises in respect of our Products, we fully intend to understand and address your concerns. You agree that you will, prior to taking any legal action or making any public complaint (including reviewing or commenting on any social media platform or website), first notify us about any dispute you have with us regarding our Products or these Terms by contacting us at email@example.com and giving us a reasonable time (up to 28 days) to consider and respond to your issue.
- If we are unable to resolve your dispute, the European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/.
- In order to protect our (or third party) confident information and intellectual property rights, please note that we may seek injunctive or other equitable relief to protect such information and rights or to prevent loss of data or damage to our servers in any court of competent jurisdiction.
Warranties and Disclaimers.
- As far as permitted by applicable law and without affecting your statutory rights, our Products are provided on an “as-is” basis unless otherwise noted in the Limited Warranty stated below and/or included with a Product. You have the choice, in respect of a Product, either to make a claim under these Terms or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty for your Product, please follow the procedure set out in our Product Limited Warranty http://wondrwall.co.uk/product-warranty/.
- You use any Products at your own discretion and risk and are solely responsible for any and all loss, liability or damages resulting from your use of a Product, including damage or loss to your heating or other home system, plumbing, home, Product, other peripherals connected to the Product, computer, mobile device and all other items and pets in your home. We hereby disclaim liability for any such loss, liability or damage.
- Wondrwall does not, through the use of our Products or any feature of them, guarantee or promise any specific level of energy or other savings, or other monetary benefit.
Limitation of our Liability.
- Nothing in these Terms and in particular within this ‘Limitation of our Liability’ section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
- To the maximum extent permitted by applicable law, in addition to the above disclaimers:
- in no event will Wondrwall be liable for any indirect, consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the Products, even if we knew or should have known of the possibility of such damages, and
- Wondrwall’s aggregate maximum liability arising from or related to the Products, whether in contract or tort or otherwise, will not exceed the amount(s) actually paid by you to us or any seller of our Products for the Product. This limitation is cumulative and will not be increased by the existence of more than one incident or claim.
- We hereby disclaim any and all liability of any kind of Wondrwall’s licensors, suppliers, recommended installers and third party sellers.
Electronic Communications and notifications.
- When you use our website, mobile application or send emails to us, you are communicating with us electronically. By doing so, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be ‘in writing’. When you place an order through our website, we will collect and store your email address. From that point forward, your email address is used to send you information about our products and services unless you opt-out of such emails using the opt-out link in the emails.
- Wondrwall may provide notifications to you as required by law or for marketing or other purposes at its discretion by email to the email address you have provided and/or registered with on our mobile application, hard copy, or posting of such notice on our website, or by sending a notification through our mobile application. You hereby agree that we are not responsible for any automatic filtering you or your network provider may apply to email notifications. Please ensure you add hello@Wondrwall.co.uk or support@Wondrwall.co.uk to your email address book to help ensure you receive email notifications from us.
- Force majeure. We do not accept and hereby disclaim any liability or responsibility for any failure to perform, or delay in the performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including, without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect, under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us or shall be varied to include such provision or part thereof as would by legal, valid and enforceable as applicable. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.
- The obligations in Sections 11, 12, 13, and 14 through 22 will survive any expiration or termination of these Terms.
- Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
Governing Law and Jurisdiction.
- These Terms are governed by the laws of England and Wales. A contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by the laws of England and Wales and the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim. We acknowledge that you may have the right under relevant consumer protection laws to bring proceedings in your country of residence.