Conditions of Sale and Use

CANARY CARE GOODS AND SERVICES - CONDITIONS OF SALE AND USE

These Conditions, together with our:

• Privacy Notice for Purchasers 
• Privacy Notice for Service Users 
• Service Level Agreement

govern the sale of goods and services by Canary Care Global Ltd (“Canary Care”) to you, and your use thereof.  

Please read these conditions and the above documents carefully before placing an order with Canary Care. By placing an order, you signify your agreement to be bound by them and the other documents expressly referred to herein.

We offer a range of services, and sometimes additional terms may apply. When you use such a service (e.g. professional installation), you will also be subject to the terms, guidelines and conditions applicable to that service ("Service Terms"). If these Conditions are inconsistent with the Service Terms, those Service Terms will control.

1. OUR CONTRACT

You can place an order on-line at www.canarycare.co.uk/shop or telephone: +44 1865 408366.

Your order is an offer to Canary Care to buy the goods/service(s) in your order. When you place an order, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the goods/service(s) ordered.

We only accept your offer, and conclude the contract of sale, when we dispatch the goods and/or make the service(s) available to you and send you e-mail confirmation (the "Dispatch Confirmation E-mail").

Your contract is with Canary Care Global Ltd. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for goods/service(s), at no cost, any time before we send the Dispatch Confirmation E-mail relating to that order.

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you are purchasing.

2. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY 30 DAYS RETURNS GUARANTEE

You must inform us of your decision to cancel your order, in writing, by sending an email to [email protected]

2.1 STATUTORY RIGHT

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you received the goods purchased or from the day of the conclusion of the contract, in the case of services.

2.2 EFFECTS OF CANCELLATION

We will reimburse all payments received from you for the service(s) purchased, no later than 14 days from the day on which we received the above communication.  We will withhold reimbursement for goods until we have received the goods back in satisfactory condition. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.

Note that you must send back the goods no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

2.3 EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

• goods which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
• goods made to your specifications or clearly personalized;
• a service, if Canary Care has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;

2.4 OUR VOLUNTARY RETURNS/CANCELLATION GUARANTEE

Without prejudice to your statutory rights, Canary Care provides you with the following voluntary returns guarantee:

All goods can be returned within 30 days of receipt of the products to Canary Care if the goods are complete and are in an unused and undamaged condition. Subject to the exceptions in 2.3 above, a recurring subscription service may be cancelled within 30 days of the day of the conclusion of the contract.

If you return goods or cancel services according to this voluntary guarantee, we will refund the purchase price already paid by you, but not any delivery costs. Likewise, the transport risk and return costs are borne by you.

This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.

3. YOUR RIGHTS TO TERMINATE A CONTRACT FOR SERVICES AFTER 30 DAYS

If you wish to cancel a recurring subscription service more than 30 days after the conclusion of the contract, you must inform us, in writing, by sending an email to [email protected]. Note that:

3.1. Service fees are based on services purchased and not actual usage

3.2. Service fees are non-refundable, including any advance payment

3.3. Some service subscriptions have a minimum term, which is clearly indicated on our website. Such service subscriptions may not be cancelled until the full-term fees have been paid.

3.4.   Some service subscriptions are available which do not require the purchase of goods. In such cases you pay us a deposit and the goods remain our property. When the subscription is cancelled, you must return the goods complete and undamaged and we will refund your deposit.  Any goods which are lost or damaged will result in a reduction in the amount of deposit returned.

4. GOODS GUARANTEE/WARRANTY

4.1. We guarantee that on delivery, and for a period of 12 months from delivery, the goods shall be free from material defects.

4.2. This guarantee does not apply to any defect in the goods arising from:

4.2.1. fair wear and tear;

4.2.2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

4.2.3. if you fail to operate or use the goods in accordance with the user instructions and these terms and conditions;

4.2.4. any alteration or repair by you or by a third party who is not one of our authorised repairers; and

4.2.5. any custom specification provided by you.

4.3. If you are a consumer (and not a business), this guarantee is in addition to your legal rights. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

5. OUR PROVISON OF THE CANARY CARE SERVICE

Our Service Level Agreement document outlines the service levels and performance targets relating to the provision of the Canary Care Service.

6. YOUR USE OF OUR GOODS AND SERVICES

6.1 Our goods and services are designed to capture activity data, in order to provide reassurance and peace of mind, to support/evidence care pathway decisions and to help detect changes in behaviour over time. Our rules and alerts mechanisms are intended to highlight such changes. Our goods and services are not intended to be used or relied upon as an emergency alarm system or a life monitoring service and we accept no liability for a failure of the goods and services if they are used in this way.

6.2. In the event that you purchase our goods and services with the intention of using them for any reason other than the above, you must contact us and inform us of the intended use. If you fail to do so, we cannot be liable for the performance of the goods and services and the guarantees and indemnities contained within these conditions.

6.3. The goods and services must be installed and maintained correctly and we cannot accept liability for any failures if this is not the case. This includes:

6.3.1. Purchasing enough sensors to cover the residence appropriately;

6.3.2. Placing the sensors in the correct locations within the residence to monitor activity;

6.3.3. Ensuring that the sensors remain in the correct location and are not moved from their location or damaged, destroyed, tampered with etc. once established;

6.3.4. Ensuring that the sensor batteries are adequately charged and replaced at regular intervals;

6.3.5. Installing the Canary hub correctly;

6.3.6. Ensuring that an appropriate power source is continually provided to the Canary hub;

6.3.7. Ensuring that the contact details of those who should receive notifications in the event of an alert are correct and are kept up to date i.e. mobile telephone numbers and email addresses relating to family, friends, carers etc.

6.3.8. Ensuring that the rule and notification settings are correctly established, regularly reviewed, and kept up to date;

6.3.9. Ensuring that any computer, laptop, tablet, smartphone or other device that is used to access the Canary Care web or mobile apps has the necessary settings and versions of software to do so;

6.4. Our rules and alerts mechanisms are intended to highlight unusual activity. They are not intended to be used to flag frequently occurring activities, such as the front door opening during daylight hours.

6.5. Rules and alerts may result in the sending of notifications via various delivery routes, including but not limited to, email and text messages. We operate a fair use policy with regard to the number of notifications sent per service subscription per month. If your rules and alerts settings are resulting in an unusually excessive number of notifications being sent, we will contact you about this. If you do not amend your rules and alerts settings to reduce the number of notifications being sent, we may make an additional charge of a reasonable sum to cover the excessive notifications. Alternatively, we may suspend the service by giving you written notice.

7. PRICING AND PAYMENT

Prices in our web shop (canarycare.co.uk/shop) are inclusive of legally applicable VAT.

7.1 VAT RELIEF

Purchases may qualify for UK VAT Relief if made by or on behalf of a chronically sick or disabled person. A person is ‘chronically sick or disabled’ if he/she is a person with a:

• physical or mental impairment which has a long-term and substantial adverse effect upon his/her ability to carry out everyday activities
• condition which the medical profession treats as a chronic sickness, such as diabetes, Parkinson’s, dementia, or a chronic illness which necessitates a complicated medication regime.

A frail elderly person who is otherwise able-bodied or any person who is only temporarily disabled or incapacitated, such as with a broken limb does not qualify for VAT Relief.

The person does not have to be registered disabled to claim VAT Relief.

If claiming VAT Relief, you must make a declaration, telling us your name (or the name of the person you are purchasing on behalf of) and the nature of the illness or disablement. This information can be provided as part of the webshop checkout process. If ordering by telephone we will provide a VAT Relief Declaration form for you to fill out and return to us.

7.2 PRICING ERRORS AND CHANGES

Despite our best efforts, a small number of the items in our webshop may be mispriced. We will verify pricing when processing your order. If we have made a mistake and a product's correct price is higher than the price in our webshop, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order and issue a full refund of any related payment. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

7.3 PAYMENT

Purchases of goods and services via our webshop must be paid for by debit or credit card. If you would like to pay a recurring service fee by standing order, please contact us for more details.

Where we are supplying goods to you, you must make payment when you place your order.

Where we are providing services to you, we will charge you monthly in advance, with the first payment when you place your order.

All services will be automatically suspended in the event of payment being outstanding for 30 days or more from the due date for payment.

8. CUSTOMS

When ordering products for delivery outside of the UK you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

9. OUR LIABILITY

Canary Care will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the goods sent to you within a reasonable time.

10. APPLICABLE LAW

These conditions are governed by and construed in accordance with the law of England and Wales.

We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in the UK or in the EU country in which you live.

11. AMENDMENTS TO THE CONDITIONS OF SALE AND USE

We reserve the right to make changes to our website, policies, and terms, including these Conditions at any time. You will be subject to the terms, policies and Conditions of Sale and Use in force at the time that you order products from us, unless any change to those terms, policies or these Conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

These Conditions of Sale and Use were last updated in July 2020.

12. WAIVER

If you breach these Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions.

13. CHILDREN

We do not sell products for purchase by children.

14. OTHER IMPORTANT TERMS

14.1. We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these conditions.

14.3. This contract is between you and us. No other person shall have any rights to enforce any of these conditions.

14.2. You may only transfer your rights or obligations to another person if we agree in writing. However, if you are a consumer and you have purchased the goods or services as a gift, you may transfer the benefit of the warranties in these conditions to the recipient of the gift without needing to ask our consent.

15. OUR CONTACT DETAILS

Our contact details are:

Canary Care Global Ltd, Building D5, Culham Science Centre, Abingdon, Oxon, OX14 4DB, UK.

Telephone +44 1865 408 366 (Mon-Fri, 9am-5pm), email [email protected]

We are a company registered in England and Wales. Our company registration number is 11544425

Our registered VAT number is 304205458