🚀 Hub:One NOW LIVE 🚀

TERMS OF SALE

Hub:One Device

BACKGROUND

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Our Hub:One Device is sold by Us to consumers through this website, www.swarm.eco (“Our Site”).  Please read these Terms of Sale for Hub:One carefully and ensure that you understand them before purchasing a Hub:One Device.  You will be required to read and accept these Terms of Sale when ordering a Hub:One Device.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Hub:One Device. These Terms of Sale, as well as any and all Contracts are in the English language only.

1 Definitions and Interpretation

  • 1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract”means a contract for the purchase of a Hub:One as explained in Clause 6;
“We/Us/Our”means Swarm Energy Limited, a company registered in England under 14588066, whose registered address is Unit 4. The Old Forge. Hoults Yard. Newcastle Upon Tyne. NE6 2HL and whose main trading address is Unit 4. The Old Forge. Hoults Yard. Newcastle Upon Tyne. NE6 2HL
” Hub:One Device”means your hardware unit

2 Information About Us

  • 2.1 Our Site, www.swarm.eco, is owned and operated by Swarm Energy Limited , a limited company registered in England under 14588066, whose registered address is Unit 4. The Old Forge. Hoults Yard. Newcastle Upon Tyne. NE6 2HL and whose main trading address is Unit 4. The Old Forge. Hoults Yard. Newcastle Upon Tyne. NE6 2HL. Our VAT number is GB435135220.

3 Age Restrictions

3.1 Consumers may only purchase the Hub:One Device through Our Site if they are at least 18 years of age.

4 Business Customers

4.1 These Terms of Sale do not apply to customers purchasing the Hub:One in the course of business.

5 Pricing and Availability

  • 5.1 We make all reasonable efforts to ensure that all descriptions of the Hub:One Device available from Us correspond to the actual Hub:One Device that you will receive.
  • 5.2 We may from time to time change Our prices.  Changes in price will not affect any Hub:One that you have already purchased.
  • 5.3 Minor changes may, from time to time, be made to certain content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Hub:One Device and should not normally affect your use of that product.  However, if any change is made that would affect your use of the Hub:One Device, suitable information will be provided to you.
  • 5.4 In some cases, as described in the relevant content descriptions, We may also make more significant changes to the capabilites of the Hub:One Device.  If We do so, We will inform you at least 7 days before the changes are due to take effect.  If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 12.1.
  • 5.5 Where any updates are made to the Hub:One Device, all content will continue to match Our description of the Hub:One as provided to you before you purchased your Hub:One Device. Please note that this does not prevent Us from enhancing the Hub:One, thereby going beyond the original description.
  • 5.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.11 regarding VAT, however).
  • 5.7 All prices are checked by Us before We accept your order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order.  If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it).  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within 5 working days, We will treat your order as cancelled and notify you of this in writing.
  • 5.8 If We discover an error in the price or description of your Hub:One after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error.  You may, however, have the right to cancel the Contract if this happens.  If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 12.4.
  • 5.9 If the price of a Hub:One that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
  • 5.10 All prices on Our Site include VAT.  If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

6. Orders – How Contracts Are Formed

  • 6.1 Our Site will guide you through the process of purchasing a Hub:One Device.  Before completing your purchase, you will be given the opportunity to review your order and amend it.  Please ensure that you have checked your order carefully before submitting it.
  • 6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible here. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of your Hub:One device that results from you providing incorrect or incomplete information.
  • 6.3 No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
  • 6.4 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
  • 6.5 Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
  • 6.6 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Hub:One Device.

7 Payment & Product Warranty

  • 7.1 Payment for Hub:One Devices must always be made in advance.  Your chosen payment method will be charged when we process your order and send you an Order Confirmation (this usually occurs immediately and you will be shown a message confirming your payment).
  • 7.2 We accept the following methods of payment on Our Site:
    • 7.2.1 All major credit and debit cards;
    • 7.2.2 Apple Pay;
    • 7.2.3 Google Pay;
    • 7.2.4 Link;
  • 7.3 If you do not make any payment due to Us on time, We will suspend the delivery of your order. For more information, please refer to sub-Clause 8.4.  If you do not make payment within 14 days of Our reminder, We may cancel the Contract.  Any outstanding sums due to Us will remain due and payable.
  • 7.4 If you believe that We have charged you an incorrect amount, please contact Us at help@swarm.eco as soon as reasonably possible to let us know. You will not be charged for Paid Content while availability is suspended.
  • 7.5 Upon completion of your purchase, your product is under Warranty for 2 years. Please see our Product Warranty Certificate for more details.

8 Provision of Hub:One Device

  • 8.1 In some limited circumstances, We may need to suspend the provision of the Hub:One Device (in full or in part) for one or more of the following reasons:
    • 8.3.1 To fix technical problems or to make necessary minor technical changes;
    • 8.3.2 To update the Hub:One to comply with relevant changes in the law or other regulatory requirements;
  • 8.2 If We need to suspend availability of the Hub:One Device for any of the reasons set out in sub-Clause 8.3, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Hub:One Device in which case We will inform you as soon as reasonably possible after suspension).  You will not be charged while availability is suspended and your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 1 day). If the suspension lasts (or We tell you that it is going to last) for more than 30 days, you may end the Contract as described below in sub-Clause 12.2.
  • 8.4 We may suspend delivery of the Hub:One Device if We do not receive payment on time from you.  We will inform you of the non-payment on the due date, however if you do not make payment within 3 days of Our notice, We may suspend the delivery of your Hub:One Device until We have received all outstanding sums due from you.  If We do suspend the delivery of your Hub:One device, We will inform you of the suspension. 
  • 8.5 Any refunds under this Clause 8 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
  • 8.6 Refunds under this Clause 8 will be made using the same payment method that you used when purchasing your Hub:One Device unless you specifically request that We make a refund using a different method. For more information, please see our Refund Policy.

9 Problems with the Hub:One

  • 9.1 By law, We must provide product that is of satisfactory quality, fit for purpose, and as described.  If any of what you receive does not comply, please contact Us as soon as reasonably possible to inform Us of the problem.  Your available remedies will be as follows:
    • 9.1.1 If the Hub:One has faults, you will be entitled to a repair or a replacement.
    • 9.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
    • 9.1.3 If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation. 
  • 9.2 Please note that We will not be liable under this Clause 9 if We informed you of the fault(s) or other problems with the Hub:One Device before you utilised it and it is that same issue that has now caused the problem (for example, if the fault in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device); if you have purchased the Hub:One for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Hub:One for that purpose; or if the problem is the result of misuse or intentional or careless damage.
  • 9.3 If there is a problem with the Hub:One, please contact Us at help@swarm.eco or contact us here.
  • 9.4 Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
  • 9.5 Refunds under this Clause 9 will be made using the same payment method that you used when purchasing your Hub:One. For more information, please see our Refund Policy.
  • 9.6 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.                        

10 Our Liability to Consumers

  • 10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
  • 10.2 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  • 10.3 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

11 Contacting Us

  • 11.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 03332423405, by email at help@swarm.eco, or by post at Unit 4. The Old Forge. Hoults Yard. Newcastle Upon Tyne. NE6 2HL.
  • 11.2 For matters relating the Hub:One Device, please contact Us by telephone at 03332423405, by email at help@swarm.eco, or by post at Unit 4. The Old Forge. Hoults Yard. Newcastle Upon Tyne. NE6 2HL.
  • 11.3 For matters relating to cancellations, please contact Us by telephone at 03332423405, by email at help@swarm.eco, by post at The Old Forge. Hoults Yard. Newcastle Upon Tyne. NE6 2HL, or refer to the relevant Clauses above.

12 Complaints and Feedback

  • 12.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
  • 12.2 All complaints are handled in accordance with Our complaints handling policy and procedure, can be found in our Complaints Policy.
  • 12.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
    • 12.3.1 In writing, addressed to Complaints, Unit 4. The Old Forge Hoults Yard, Walker Road, Newcastle Upon Tyne, England, NE6 2HL;
    • 12.3.2 By email, addressed to Complaints at hello@swarm.eco
    • 12.3.3 By contacting Us by telephone on 0333 242 3405 

13 How We Use Your Personal Information (Data Protection)

13.1 We will only use your personal information as set out in Our Privacy Policy.

14 Other Important Terms

  • 14.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
  • 14.2 The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
  • 14.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
  • 14.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
  • 14.5 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.

15 Law and Jurisdiction

  • 15.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales, Northern Ireland and Scotland.
  • 15.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
  • 15.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
  • 15.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non exclusive jurisdiction of the courts of England & Wales, Northern Ireland and Scotland.