TERMS & CONDITIONS

Background:

This agreement applies as between you, the User of this Web Site and Smart Home Solutions Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

   In this Agreement the following terms shall have the following meanings:

   “Account”	means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
   “Carrier”	means any third party responsible for transporting purchased Goods from our Premises to customers;
   “Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
   “Goods”	means any products that Smart Home Solutions Ltd advertises and / or makes available for sale through this Web Site;
   “Smart Home Solutions Ltd”	means Smart Home Solutions Ltd trading as Smart Home Sounds Ltd Unit Unit 16 Triangle business park Gloucester GL1 1AJ;
   “Service”	means collectively any online facilities, tools, services or information that Smart Home Solutions Ltd makes available through the Web Site either now or in the future;
   “Payment Information”	means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
   “Purchase Information”	means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
   “Premises”	Means our place(s) of business located at Unit 16 Triangle business park Gloucester GL1 1AJ;
   “System”	means any online communications infrastructure that Smart Home Solutions Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
   “User” / “Users”	means any third party that accesses the Web Site and is not employed by Smart Home Solutions Ltd and acting in the course of their employment; and
   “Web Site”	means the website that you are currently using smarthomesounds.co.uk and any sub-domains of this site e.g. subdomain.smarthomesounds.co.uk unless expressly excluded by their own terms and conditions.

2. Age Restrictions

   Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

   These Terms and Conditions also apply to customers buying Goods in the course of business.

4. International Customers

   If Goods are being ordered from outside Smart Home Solutions Ltd’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Smart Home Solutions Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Smart Home Solutions Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.

5. Intellectual Property

   1. Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Smart Home Solutions Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
   2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Smart Home Solutions Ltd.

6. Third Party Intellectual Property

   1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
   2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Fair Use of Intellectual Property

   Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8. Links to Other Web Sites

   This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Smart Home Solutions Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

9. Links to this Web Site

   Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site (smarthomesounds.co.uk) without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Smart Home Solutions Ltd. To find out more please contact us by email at info@smarthomesounds.co.uk.

10. Use of Communications Facilities

    1. When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
       1. You must not use obscene or vulgar language;
       2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
       3. You must not submit Content that is intended to promote or incite violence;
       4. It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
       5. The means by which you identify yourself must not violate these terms of use or any applicable laws;
       6. You must not impersonate other people, particularly employees and representatives of Smart Home Solutions Ltd or our affiliates; and
       7. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
       8. You acknowledge that Smart Home Solutions Ltd reserves the right to monitor any and all communications made to us or using our System.

11. Accounts

    1. In order to purchase Goods on this Web Site you can create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
       
       1. all information you submit is accurate and truthful;
       2. you have permission to submit Payment Information where permission may be required; and
       3. you will keep this information accurate and up-to-date.

       Your creation of an Account is further affirmation of your representation and warranty.

    2. It is recommended that you do not share your Account details, particularly your username and password. Smart Home Solutions Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
    3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Smart Home Solutions Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Smart Home Solutions Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
    4. When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.

12. Termination and Cancellation

    1. Either Smart Home Solutions Ltd or you may terminate your Account. If Smart Home Solutions Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
    2. If Smart Home Solutions Ltd terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
    3. Smart Home Solutions Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
    4. If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
    5. If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

13. Goods, Pricing and Availability

    1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Smart Home Solutions Ltd correspond to the actual Goods, Smart Home Solutions Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
    2. Where appropriate, you may be required to select required specifications of the Goods that you are purchasing (e.g. size, model, colour, quantity, etc.).
    3. Smart Home Solutions Ltd does not represent or warrant that such Goods will be available. Stock indications are provided on the Web Site, however these may not take into account sales that have taken place during your visit to the website.
    4. All pricing information on the Web Site is correct at the time of going online. Smart Home Solutions Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every seven days.
    5. In the event that prices are changed during the period between an order being placed for Goods and Smart Home Solutions Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
    6. All prices on the Web Site do include VAT. Smart Home Solutions Ltd’s VAT number is 153 9948 66

14. Delivery

    1. Smart Home Solutions Ltd will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
    2. In the unlikely event your product arrives damaged, please report this to us within 48 hours of receipt. We will need images/videos clearly displaying the fault so we can pass this along to our returns team. Please ensure all faults are relayed to the support team, as if the fault on return differs from the fault reported this could result in a delay in the returns process, or the return being rejected.

15. Christmas Extended Returns 

    We've extended our normal returns for the festive season. Any gifts bought between 7th November 2022 and 22nd January 2023 can be returned up until 31 of January 2023.

    HOW DOES IT WORK?

    • If a gift is unwanted, customers must contact Smart Home Sounds by the 31st January 2023 via phone, email or live chat. Our team will assist you in the returns process.
    • Items must be fully unopened and sealed. Return postage will be at the cost of the customer.
    • If the unwanted item is opened, this will revert to our regular 30 days returns policy.
    • Faulty items will follow our standard returns procedure.

16. Returns & Refunds Policy

    Smart Home Solutions Ltd aims to always provide high quality Goods that are fault free and undamaged. On occasion, however, goods may need to be returned. Returns and refunds are governed by these Terms and Conditions.

    Please note that any extended guarantees/warranties offered by Smart Home Sounds are free. We or our suppliers do not include any form of insurance terms such as accidental damage or loan equipment cover

 

1. 1. If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 30 days to arrange collection and return. Smart Home Solutions Ltd is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
   2. If any Goods you have purchased have faults when they are delivered to you, you should contact Smart Home Solutions Ltd within 30 days of receiving the order to arrange collection and return. Smart Home Solutions Ltd is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
   3. If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
   4. If Goods are damaged in transit or any cosmetic damage is apparent on delivery, you should report the damage to Smart Home Solutions Ltd within 2 days of receiving the order and arrange collection and return. Smart Home Solutions Ltd is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. If Smart Home Solutions Ltd receives no communication from you, within 14 days of delivery, regarding any other problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
   5. Under the Consumer Goods act, items can be opened & inspected only within the 14-day cooling-off period. This excludes video games. Under the Smart Home Sounds 30 Days Returns Policy, we offer an extended period of 30 days for selected items (highlighted on the individual product page). (please note, for hygiene reasons we are unable to give refunds or exchanges on earphones if the packaging has been opened). You have 30 days from delivery to notify us if you are unhappy with your purchase and would like to make a return. For non-faulty items, the return costs are the responsibility of the purchaser as our standard shipping is free. If you paid for an upgraded shipping service this amount will be refunded. You then have a further 14 days from the date you notify Smart Home Sounds that you'd like to cancel your order to return the goods to us.
      If items are not returned in their original condition or missing packaging, instruction manuals or components, to the extent it has impacted the resell value of the item, a partial refund will be given at the managers discretion. For further information on your right to return goods, please click on this link to the Which? Consumer Rights website.
   6. If you wish to return Goods to Smart Home Solutions Ltd for any of the above reasons, please contact us using the details on our contact page to make the appropriate arrangements.
   7. In order to provide an easy to use and efficient returns service we are providing you with a link to DPD Local’s Pickup Returns Portal. If your returned items are lost or damaged whilst being returned to us, please do not contact DPD Local as your contract for the return is with us and not DPD Local.
   8. If a 2-man TV delivery date is booked by the customer with our courier, there will be a £35 deduction from the refund to cover our delivery partners administration charge.
   9. Smart Home Solutions Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
      1. Any use or enjoyment that you may have already had out of the Goods;
      2. Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
      3. The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened.
   10. If you are returning a non-faulty item, a refund will be issued within 5-7 working days once your item has been received by Smart Home Sounds. Refunds will be issued to the payment card only. It may take a further 3-5 working days for payment to be received.
   11. If the item is faulty, it will take 7-10 working days to be tested, deemed faulty and for a refund or credit note to be issued. It will then take a further 3-5 working days for payment to be received.
   12. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.Guarantees/Warranties can only be fulfilled to goods purchased and delivered within the UK. In order for us to conduct a Guarantee/Warranty claim to goods taken outside of the UK, the goods will have to be returned at the customers expense. Alternatively, you can make the goods available for collection at a UK address. This also applies to goods delivered to shipping companies. Subsequent to a Guarantee/Warranty claim, goods can only be re-delivered to a UK address.
   13. Extended returns period (only applies when stated on website) - orders placed from 7th November qualify for an extended returns window until 31st January on fully unopened and sealed goods. If goods are found to be open on inspection, our original returns policy will apply. Return postage will be at cost of customer.
   14. Smart Home Sounds reserves the right to withhold a portion of the refund to reflect any depreciation in the value of the returned goods caused by unnecessary handling on your part.

 

Such discretion to be exercised only within the confines of the law.

1. Privacy

   Use of the Web Site is also governed by our Privacy & Cookie Policy, which is incorporated into these terms and conditions by this reference.

2. Disclaimers

   1. Smart Home Solutions Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
   2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
   3. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

3. Changes to the Service and these Terms and Conditions

   Smart Home Solutions Ltd reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Smart Home Solutions Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

4. Availability of the Web Site

   The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

   Smart Home Solutions Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

5. Limitation of Liability

   1. To the maximum extent permitted by law, Smart Home Solutions Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
   2. Nothing in these Terms and Conditions excludes or restricts Smart Home Solutions Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Smart Home Solutions Ltd.
   3. Nothing in these Terms and Conditions excludes or restricts Smart Home Solutions Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
   4. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

6. No Waiver

   In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

7. Previous Terms and Conditions

   In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

8. Notices

   All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@smarthomesounds.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday

9. Law and Jurisdiction

1. These terms and conditions and the relationship between you and Smart Home Solutions Ltd shall be governed by and construed in accordance with the Law of England and Wales and Smart Home Solutions Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales

Welcome Code Terms & Conditions

Sign up as a Smart Member+ to receive a £10 Welcome Code, valid on your first order over £100 and excluding selected sale items.