Terms and Conditions for the Supply of Nest Learning Thermostat
By agreeing to purchase or rent a Nest Learning Thermostat from Octopus Energy, you agree to the following terms and conditions. Please read them carefully - important terms are highlighted in bold. In particular you should note that:
- You have a 14 statutory day cooling off period. During this time you can cancel your Nest Rental Agreement or your contract for the purchase of Nest Hardware without penalty unless you have asked us to install your Nest Hardware in the meantime. Your cooling off period runs for 14 calendar days from the day we deliver your Nest Hardware.
- If you cancel your Nest Rental Agreement inside three years after signing up, we will charge you an administration fee of £25 and ask you to return the Nest Hardware to us. As an alternative, if you wish to terminate your Nest Rental Agreement but want to keep on benefiting from your Nest Hardware, you always have the option to purchase it.
- If you cancel your Nest Rental Agreement within 18 months of signing up, an 18 month minimum charge will apply as well as the £25 administration fee and the requirement to return any Nest Hardware to us.
- After three years, you can cancel your Nest Rental Agreement without a minimum charge or an administration fee.
In these terms and conditions:
“Nest Rental Agreement” means Octopus Energy will make available to you the Nest Learning Thermostat device for the smart control of your heating.
“Nest Hardware” means the Nest Learning Thermostat which is or will be installed at your address as part of a Nest Rental Agreement or under a purchase contract. The Nest Learning Thermostat is typically used in conjunction with software application provided to you under a separate end-user agreement directly with Nest.
“Minimum Rental Charge” means the minimum amount we ask you to pay if your Nest Rental Agreement is cancelled within 18 months of starting. We need to ask for this to offset some of the costs we incur to install the Nest Hardware in your house. The minimum rental charge is calculated as 18 times your monthly license fee less any payments already received since your Nest Rental Agreement started. If you cancel after you have already made 18 or more licence fee payments, the minimum rental charge is zero.
“Installation” means the installation of Nest Hardware in your home. Installation includes compatibility checks with your heating system, a pre-installation heating test, installation of the hardware in your property, connection to your wifi system, brief product setup including demonstration and post installation heating test.
“Even Outside Our Control” means any earthquake, storm, hurricane (or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, lockout or interruption or failure of electricity or telephone service event
“You” or “Your” means the person party to this rental agreement.
“Octopus Energy” or “we” or “us” means Octopus Energy Limited, 33 Holborn, London EC1N 2HT, a company that is registered in England with number 09263424 and VAT No: 221 1222 80. This also includes subcontractors that Octopus Energy uses to provide the Installation according to Octopus Energy specification
The Nest Rental Agreement
1. Under the Nest Rental Agreement, you are granted a licence which permits use of the Nest hardware supplied to you and which together with Nest software applications allows you to control your heating remotely (the “Licence”).
2. The fee relating to the Licence is due and payable monthly (“Licence Fee”) and you agree to pay the Licence Fee by direct debit. The Licence Fee will be debited from your bank account on the date you agreed when you signed up to your Nest Rental Agreement and in accordance with your payment schedule. Where your Licence Fee payment is the same day as your Octopus Energy supply payment, both payments will be collected through the same direct debit.
3. After you take out a Nest Rental Agreement, we will send you a confirmation email that includes details of your monthly direct debit amounts and your obligations under this Agreement. Please check the details in this email and contact us firstname.lastname@example.org if we’ve got anything wrong. If there are any changes to the Direct Debit arrangements we will let you know at least 10 days in advance.
4. Your Nest Rental Agreement will continue until you end your subscription as described in Paragraphs 6, 7 and 8 or we cancel the Nest Rental Agreement by written notice to you as described in Paragraphs 9, 10 and 11.
5. If the rate of VAT changes or a different rate of VAT is deemed to apply whilst you are paying License Fees under a Nest Rental Agreement, we will adjust the Licence Fee accordingly to reflect such change. Should this happen we will write to you, giving you 30 days notice of any such change.
Cancellation of the Nest Rental Agreement
6. You can cancel the Nest Rental Agreement at any time. If you want to cancel your Nest Rental Agreement, you should email us at email@example.com. We will confirm receipt of such cancellation in writing and ask you to:
6.1. Return the Nest Hardware to us by sending it to Octopus Energy, c/o Cloud Fulfilment, Unit 8A Festival Way, Festival Leisure Park, Basildon, Essex SS14 3WB. You will need to pay for the postage and must do this no later than 14 days after the day on which you let us know that you wish to cancel the Nest Rental Agreement; and
6.2. Obtain a Certificate of Posting when returning the Nest Hardware to us as proof of postage
7. If you cancel this agreement within 14 days of us delivering your Nest Hardware, we will reimburse all payments received from you as follows:
· within 14 days of you telling us that you wish to cancel your Nest Rental Agreement; or
· If you had already received the Nest Hardware, 14 days after the day we receive back the Nest Hardware in a resalable condition (i.e. in original box and not tampered)
8. If you cancel this agreement after 14 days from the day we deliver your Nest Hardware, cancellation charges may apply. We will make cancellation charges as follows:
8.1. An 18 month Minimum Rental Charge if you are cancelling sooner than 18 months after your Nest Rental Agreement started.
8.2. an administration fee of £25. This does not apply if you are cancelling more than three years after your Nest Rental Agreement started.
8.3. You agree that these cancellation charges will be taken automatically under the existing direct debit arrangement used for monthly payments under the Nest Rental Agreement.
9. If you fail to pay the License Fee, we will cancel your Nest Rental Agreement and charge you an administration fee of £25 plus any Minimum Rental Charge. We are also obliged to report any outstanding payments to our credit bureau and this may affect your ability to get credit in the future. The administration fee of £25 and any Minimum Rental Charge will be automatically taken from the same account as the one used for your direct debit to set up the Nest Rental Agreement.
10.We may cancel this agreement at any time (with or without immediate effect) for any reason by giving you written notice. Where we cancel this agreement, we will give you a refund of any payment already made for any period in which you have not received the benefit of the Licence. We will make any refunds using the same means of payment as you used for the initial transaction.
11.Where you or we cancel your Nest Rental Agreement, you must return the Nest Hardware to us. If you cancel the Nest Rental Agreement then you must pay for the cost of returning the Nest Hardware to us. If you decide you would like to cancel your Nest Rental Agreement and instead purchase your Nest Hardware, you can give us 28 days notice and pay a one-off fee. This one- off fee will be debited from the bank account you used when you signed up to your Nest Rental Agreement. We will confirm this in writing to you. The one-off fees to purchase your Nest Hardware are laid out in 11.1 and 11.2 below.
11.1. Up to 3 years elapsed between the start of your Nest Rental Agreement and the point of cancellation, you pay £249
11.2. From 3 years (inclusive) up to 5 years since the start of the Nest Rental Agreement: you pay £95
11.3. After 5 years since the start of the Nest Rental Agreement: you pay £25
Purchase of Nest Hardware Outright
12. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before submitting it and making payment.
13. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Acceptance will occur when you receive an e-mail message that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when the Dispatch Confirmation is sent.
14. If we are unable to supply you with the Nest Hardware, for example because that item is not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this and we will not process your order. We may offer you an alternative delivery date and, if this is acceptable, we will process your order. If you have already paid for the Nest Hardware, we will refund you the full amount including any delivery costs charged as soon as possible.
15. The images of the Nest Hardware on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Nest Hardware. Your Nest Hardware may vary slightly from those images. The packaging of the Nest Hardware may vary from that shown on images on our site.
16. Minor changes to the Nest Hardware may occur over time as Nest seeks to improve its products.
Cancellation of the Nest Purchase Agreement
17. You have a right to cancel a contract for Outright Purchase up to 14 days from the day on which we deliver your Nest Hardware (Cooling Off Period).
18. This means that during the Cooling Off Period if you change your mind or decide for any other reason that you do not want to receive or keep the Nest Hardware, you can notify us of your decision to cancel the Contract and receive a refund. Please see more details about cancellation and refunds in Paragraph 22.
19. To cancel a Contract, you need to let us know that you have decided to cancel. The easiest way to do this is to email us at firstname.lastname@example.org. We will confirm your cancellation in writing to you. All cancellations must be sent via email to email@example.com
20. During the Cooling Off Period, if Nest Hardware has been delivered to you before you decide to cancel your Contract then you must:
20.1. Return the Nest Hardware to us by sending it to Octopus Energy, c/o Cloud Fulfilment, Unit 8A Festival Way, Festival Leisure Park, Basildon, Essex SS14 3WB. You must do this no later than 14 days after the day on which you let us know that you wish to cancel your contract to purchase Nest Hardware; and
20.2. The Product must be returned to us at: Octopus Energy, c/o Cloud Fulfilment, Unit 8A Festival Way, Festival Leisure Park, Basildon, Essex SS14 3WB by way of registered post at your expense and the Certificate of Posting must be retained as proof of postage.
21. You can end a Contract after the 14 day Cooling Off Period if:
21.1. The Nest Hardware is faulty or does not conform with its description.
21.2. 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;
21.3. there is a risk that supply of the Nest Hardware may be significantly delayed because of events outside our control; in this event, Octopus Energy will inform you of the possible delay.
21.4. we have suspended supply of the Nest Hardware for technical reasons, or notified you we are going to suspend them for technical reasons.
Summary of your Legal Rights Under the Consumer Rights Act 2015
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
· up to 30 days: if your item is faulty, then you can get a refund
· up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases
· up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
22. If you cancel your Contract for reasons shown in paragraph 21 we will:
22.1. provide you with a refund up to the price you paid for the Nest Hardware and at a minimum according to your statutory rights. However, please note we are also permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them.
22.2. reimburse all payments received as follows:
· No more than 14 days after the day on which we were informed about your decision to cancel the Contract; or
· If you had already received the Nest Hardware, 14 days after the day we receive back the Nest Hardware in a resalable condition (i.e. in original box and not tampered), or
· If the product has developed a fault after being installed, 14 days after a member of the Octopus Installer network has attended, inspected and removed the Nest Hardware and returned it to us and
· using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of the reimbursement.
23. Where you exercise your cooling off right or your legal right to end the Contract, you must return the Nest Hardware to us. The Product must be returned to us at: Octopus Energy, c/o Cloud Fulfilment, Unit 8A Festival Way, Festival Leisure Park, Basildon, Essex SS14 3WB by way of registered post and the Certificate of Posting must be retained us as proof of postage.
24. If you have returned the Nest Hardware to us because they are faulty or mis-described, we will refund the price of the Nest Hardware in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us.
Nest Hardware Delivery & Installation
25. When you enter into a Nest Rental Agreement or purchase Nest Hardware outright from Octopus Energy, we will send the Nest Hardware to the installation address. We will deliver the Product as soon as reasonably possible and in any event within 30 days after the day on which we accept your order to purchase Nest Hardware or you sign up to the Nest Rental Agreement. The Nest Hardware will then need to be installed at your address. It is important that you leave your Nest Hardware in the box unopened for your installer to open as part of the installation. If you have opened the box and we are unable to install the Nest Hardware, for example if it is not compatible with your heating system, we may need to charge you for any damage to the Nest Hardware.
26. If you have purchased the Nest Hardware outright and we fail to deliver your Product 30 days after the date of Dispatch Confirmation, you may cancel your order straight away and we’ll refund any sums you have paid to us for the cancelled Products.
27. Your installation date will be arranged as part of your sign up to the Nest Rental Agreement or when you pay for Nest Hardware outright. At this point we will provide you with the name and contact details of your installer. If you need to re-arrange you can contact them directly.
28. Heating systems are complex and to ensure the safe and correct functioning of your Nest Hardware, it must be installed by a professional from the Octopus installer network. If for any reason you are unable to accept your initial installation date an installer will endeavour to agree an alternative installation date with you. If you change or cancel the installation date for a second time, and you have signed up to a Nest Rental Agreement you may:
28.1. be liable to start making License Fee payments or
28.2. be obliged to return the Nest Hardware unopened to us; or
28.3. pay us the full purchase price plus a £25 administration fee. These charges will be taken automatically from the same bank account via the direct debit arranged when you set up the Nest Rental Agreement. We will confirm this in writing to you. Where the direct debit fails, we will seek to recover the debt via our debt collection process and are obliged to report missed payments to our credit bureau, which may affect your ability to get credit in the future. Where we charge you the retail price of the Nest Learning Thermostat, we will cancel your Nest Rental Agreement.
29. We will endeavour to carry out all installations within 30 days of delivery, where this is convenient for you. We will make every effort to complete the Installation on time and within the agreed time slot. Where this isn’t possible, we will endeavour to give you as much notice as possible and rearrange the appointment with you. Installations usually last around an hour and are carried out Monday to Friday between 9am and 5pm.
30. We will need certain information from you that is necessary for us to provide the Installation, for example, type of heating system. We will request such information from you when you book your installation. If you do not provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge to cover any extra work that is required. We will not be liable for any delay or non-performance where you have not provided this information to us after we have requested it from you.
31. During your appointment for installation but prior to installation, our installer will carry out a compatibility check with your existing heating system. Where such check reveals that your current heating system is incompatible we will inform you immediately. In this case:
31.1. If you have purchased Nest Hardware outright, we will refund your purchase price for the Nest Hardware through the original payment method
31.2. If you have signed up to a Nest Rental Agreement, we will cancel your Nest Rental Agreement immediately and no administration fee will be payable.
31.3. If you have already received the Nest hardware, the Nest Hardware must be returned to us at: Octopus Energy, c/o Cloud Fulfilment, Unit 8A Festival Way, Festival Leisure Park, Basildon, Essex SS14 3WB by way of registered post and the Certificate of Posting must be retained when returning the Nest Hardware to us as proof of postage. You can check compatibility yourself by visiting the product page on our website https://store.nest.com/uk/product/thermostat/#in-your-home.
32. In order to benefit from the Nest Hardware, a working, always-on internet connection with wifi must be available at the place of installation. In order to use all the features of the mobile applications a mobile data connection is required. The availability and functioning of both the internet connection and your wifi system is your sole responsibility.
33. During the appointment for the installation of the Nest Hardware, we may have to suspend the Installation if we have to deal with technical problems or other issues (for example, asbestos). Where this is the case, we will inform you immediately.
34. During the appointment for the installation of the Nest Hardware, we may identify that additional work is required for the Installation to be completed. Where this is the case, we will inform you immediately and if there are any extra charges, we will agree those with you in advance.
35. We will endeavour to provide the Installation without causing unnecessary damage to your property, but please be aware that the Installation may cause damage around the area of installation and that you may need to redecorate. We will fill any holes and leave the surface level but will not replace the original surface or construction. Any redecoration or repair of damage that may be needed following our work is your responsibility.
36. We will not be liable or responsible for any failure to perform, or delay in performance of, the Installation where this is caused by an Event Outside Our Control, meaning any act or event beyond our reasonable control, including without limitation sickness, traffic congestion, severe weather conditions or other similar event. If an Event Outside Our Control takes place that affects our ability to meet our obligations under these terms, we will contact you as soon as reasonably possible to notify you and we will endeavour to provide the Installation as soon as reasonably possible.
37. If we have not provided the Installation with reasonable care and skill you can ask us to put the service right. If that is impossible or if that cannot be done within a reasonable time or without significant inconvenience to you, you may request a price reduction, and after we have assessed the circumstances and the installation we may at our discretion offer you a discount. Where you have already paid the full price, this will mean giving you some money back. If we have not complied with information we gave you about us then you are entitled to money back or a reduction in price. Regardless of which right is breached, it is for you to prove that an Installation is substandard, meaning that the Installation provided did not meet the statutory rights under the Consumer Rights Act 2015.
38. If you request that the Installation be carried out before the end of the Cooling Off Period (i.e. within 14 days of the day your Nest Hardware is delivered), you hereby expressly waive your right:
38.1. where you have signed up to the Nest Rental Agreement, to cancel the contract without charge. In this case, our normal cancellation charges levied after the Cooling Off Period will apply. This will include our Minimum Rental Charge of 18 months Licence Fee.
38.2. Where you have purchased the Nest Hardware outright, to cancel the contract and you will not be able to request a refund except where any of the conditions in clause 21 applies.
39. If we have to cancel an Installation before it has started due to an Event Outside Our Control or the unavailability of key personnel or key materials necessary to provide the Installation, we will promptly contact you if this happens. If we have to cancel an Installation in those circumstances and you have made a payment, we will refund this amount to you.
40. If you have any questions or if you have any complaints about the installation, please contact us at firstname.lastname@example.org.
41. Once installed, your Nest Hardware is part of your heating system and can only be changed or reinstalled in another location by a professional installer. If you move house, you will need to cancel your Nest Rental Agreement. Where you take out a Nest Rental Agreement for your new home, you will not be charged an administration fee.
If Your Nest Hardware Develops a Fault
42. If you think your Nest Hardware has developed a fault, then you should contact the Octopus support team at Nest by telephone on 0808 169 2307 (Monday to Friday from 7am to 7pm and Saturday / Sunday from 9am to 5pm).
43. If you have signed up to the Nest Rental Agreement and your Nest Hardware is inoperable for more than 14 days after you have reported the fault to the Octopus Support team, then we will provide you with a credit equal to the pro-rata daily license fee for the period during which the Nest Hardware is inoperable to your account.
44. Nest offers a manufacturers guarantee that applies if you have purchased your Nest Hardware. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee at https://nest.com/eu/legal/warranty/. A manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
45. We are not responsible for the following:
45.1. any costs, loss or damage that you suffer as a result of not using the Nest Learning Thermostat in accordance with the manufacturer guidelines;
45.2. any costs, loss or damage that you suffer as a result of a problem caused by your mobile phone, wifi connection or heating system;
45.3. any increase in your utility bills;
45.4. any costs that you incur as a result of exceeding the permitted data limit on your broadband or mobile phone;
45.5. any loss or damage caused as a result of downloading or upgrading the software connected to the smart thermostat;
45.6. any costs, loss or damage that you suffer as a result of any unauthorised use of your mobile phone (e.g. if it is lost or stolen).
45.7. any loss or damage you suffer as a result of you or anyone else altering the radio frequency allocations of your system controls.
45.8. replacing the batteries for your Nest Hardware
45.9. any matters relating to the broadband internet connection to your home or your wifi system.
45.10. Any cost, loss or damage caused to your Nest Hardware as a result of any changes to your heating system or Nest Hardware installation subsequent to the initial installation.
46. Nest may update or require you to update digital content, provided that the digital content shall always match the description that we provided to you before you bought it.
47. Nest reserves the right to interrupt access to the software applications and terminal devices for the smart control of your heating to the extent this is necessary for compelling reasons, e.g. due to necessary or routine maintenance of servers, programs or the necessary infrastructure, unauthorised data or computer access, or in order to eliminate unforeseen vulnerabilities. In these instances, you will need to control your heating system manually via the Nest Hardware.
48. We only supply the Nest Hardware for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
49. We will use the personal information you provide to us to provide you with the Nest Hardware. By taking out the Nest Rental Agreement, you agree and understand that we or Nest Labs may store, process and use data collected from your application for your Nest Rental Agreement, including software updates, delivery and installation. We’ll keep that information safe and secure and only process it in accordance with the Data Protection Act 1998. We work with other companies that help provide the Nest Hardware to you and as such we may have to share certain information with these companies for this purpose. We may pass your information on to our own group companies, Nest Labs, professional installers and other third parties for training and statistical analysis. We, or they, may also use your information to contact you via the telephone or email with products or services that we think may be of interest to you. If you do not wish to be contacted with any promotions please email us at email@example.com.
50. For the purposes of the Consumer Protection Act 1987, the producer of the Goods is Nest Labs (Europe) Limited, which is wholly owned by Alphabet Inc., https://www.Nest.com/uk/support/thermostat/
51. We may transfer our rights and obligations under these terms to another organisation. We will always notify you in writing if this happens, but this will not affect your rights or our obligations under this agreement.
52. If you have any questions or if you have any complaints, please contact us by email on firstname.lastname@example.org
53. We may amend these Terms and Conditions at any time and will notify you in writing where this is the case.
54. Notwithstanding your acceptance of Nest’s Terms and Conditions (at the time of downloading the app), these Terms and Conditions shall take precedence in case of conflict.
55. These Terms are governed by English law. You and we both agree to submit to the exclusive jurisdiction of the English courts except that, if you are a resident of Scotland, we or you may also bring proceedings in Scotland.
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