Terms and conditions
Welcome to the smarthomestore.edfenergy.com website terms and conditions
Last updated 18 September 2018
These terms and conditions apply to the use of this Website, and by accessing this Website and/or placing an order, you agree to be bound by these terms and conditions which We've set out below. If you don't agree to be bound by these terms and conditions, you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions, please contact Our team through our contact form.
The business policies which include further details on orders, deliveries, returns and refunds, payments, complaints, accessibility and safety and security form part of these terms and conditions.
Ownership & operation
The Seller is EDF Energy Customers Ltd ("We", "Us" and "Our") which is registered in England and Wales at Companies House No. 02228297. Registered Office: 90 Whitfield Street, London W1T 4EZ.
You are provided with access to this Website in accordance with these terms and conditions and any orders placed by you must be placed strictly in accordance with these terms and conditions.
Our Website is made available free of charge.
You are responsible for making all arrangements necessary for you to have access to Our Website. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.
No reliance on information
The content on Our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website.
Although We make reasonable efforts to update the information on Our Website, We make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete or up-to-date.
You agree fully to indemnify, defend and hold us, and Our group companies, officers, directors, employees, agents and suppliers, harmless immediately on demand, without limitation from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your Personal Information.
You will co-operate as fully as reasonably required by Us, in defence of any claim. We reserve the right, at Our expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent from Us.
We reserve the right to:
- Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change these terms and conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
You may link to Our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Our Website in any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of Our Website other than the home page.
We reserve the right to withdraw linking permission without notice. The Website in which you are linking must comply in all respects with the content standards set out in Our Acceptable Use Policy below.
If you wish to make any use of content on Our Website other than that set out above, please contact us.
Privacy & cookies
We will treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.
If you'd like to read more on how and where we collect or how we use your personal data, please see our Privacy notice and policy.
Please see our cookies policy to learn more about what cookies we use, their nature, purpose and related usage of your Personal Data on this Website.
Description of products
Each Product purchased is sold subject to its Product description.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on Our part We cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
We reserve the right to reject or cancel any orders which do not comply with these terms and conditions and for any other reasons set out in these terms and conditions.
Find out more about our payment, order, delivery, collections, returns and refunds terms which are incorporated into these terms and conditions.
Promotional codes and offers
If you have a coupon, voucher code or promotional discount offered by EDF Energy which has not expired, it may be valid to use on this Website.
- For the promotional code to be valid, a valid product must be added to your basket and the promotional code entered when you enter your payment details
- Only one promotional code can be user per transaction
- If you have more than one promotional code, you may place separate orders
- Orders must be made prior to 23:59 hours on the closing date
- No cash alternative is available
- All offers are subject to stock availability and can be removed at any time
- All other EDF Energy terms and conditions apply.
Our promotional codes all have specific rules, and some products may be excluded. If you do not apply the promotion code correctly or forget to apply it, We cannot add discounts to orders once the order has been placed.
WEEE (Waste Electrical and Electronic Equipment)
The Waste Electrical and Electronic Equipment (WEEE) Directive came into force on 1 July 2007.
This regulation was implemented to reduce the quantity of electronic waste being sent to landfill, because 75% of waste electronic have ended up in landfill site, and in 2007 only 3% of batteries were being recycled. Look for the ‘crossed out wheelie bin’ , which appears on all new batteries and electrical and electronic goods that can be recycled. It’s not just new goods though, some old equipment can be recycled too, so it’s worth checking to see if it can be recycled. Under this legislation old electrical items must not be disposed of with standard waste (normally your black bin/bag or through your council recycling scheme), but should be taken to a central point for recycling. These recycling points are provided free of charge.
Unfortunately, EDF Energy can’t accept old appliances or electronic devices that need recycling, but We are helping to fund the network of free recycling points through Our membership of a Distributor Take-back Scheme (DTS). The DTS will allow you to deposit your old electrical and electronic items at UK recycling sites, free of charge to be recycled. This applies to mains or battery operated powered items such as washing machines, televisions and smaller appliances including toasters, tools and toys powered by electricity. More details on the recycling of waste, including details of your nearest collection site can be found at www.recycle-more.co.uk.
EDF Energy offers limited in store battery collection (for domestic portable batteries, We do not accept industrial or car batteries) and we provide in store recycling for all customers to deposit their used portable batteries with no obligation to purchase new ones. Alternatively, you can also use the battery collection facilities at other retailers, supermarkets and at your local recycling site.
Please do your bit to protect the environment and to conserve the Earth’s limited resources by recycling your old batteries, and WEEE waste.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
- You place the order for your Product(s) on the Website by pressing the confirm order button at the end of the checkout process.
- We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation email detailing the Products you have ordered. These emails do not constitute acceptance of your order.
- By placing an order for a Product(s) on Our Website, you acknowledge and agree that you are committing to a legally binding and irrevocable offer to purchase the Products.
Non-acceptance of an order may be a result of one of the following:
- The Product you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- The maximum number of nine products in your basket has been exceeded
- You’re not meeting the eligibility to order criteria
- If you are placing an order for an item that by law We are only permitted to sell to customers who are 18 years or older, then by clicking the order confirm button you are also confirming to Us that you are 18 years or older. By clicking the order confirm button, you further acknowledge and consent to Us taking steps to verify your age by reference to publicly-available third-party sources. We reserve the right not to supply an age-restricted product where We reasonably believe that you are below the relevant minimum age.
- Should We have taken payment prior to non-acceptance of your Order then We will refund you, but please note that it can take up to five days for the bank to transfer the funds to you
The contract will be concluded in English.
The details of your specific contract will not be filed. If you do require any information regarding orders you have placed with smarthomestore.edfenergy.com, please contact us.
Consumer Contracts Regulations 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
- You are entitled to cancel your contract if you so wish, if you exercise your right no longer than 14 days after the day on which you receive the Product(s).
- Your right to return or cancel Products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if Products are faulty or not as described.
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the Products and take reasonable care of them until you return them to Us.
- To exercise the right to cancel, you must inform Us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
- You can cancel by contacting us and completing the form or visit the Help and support section for more advice.
- If you decide to cancel, you should return the Products to Us at your cost within 14 days of such cancellation and We will reimburse to you (by the method used to pay for the original transaction) the amount in relation to Products to which cancellation rights apply.
- We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of handling by you. We will make the reimbursement no later than 14 days after the day We receive back from you any Products supplied.
Please see our Refund policy for further details.
Guarantees for consumer electronics products
If you have any proposed claims under the manufacturer guarantee, after 30 days of purchase, please contact the manufacturer directly. If you have any additional questions, please contact us.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain always vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
- Any loss of goodwill or reputation, or
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
We shall not be liable for any indirect losses you may suffer, including any loss of profit, income or anticipated savings as a result of Our failure to comply with these terms or Our negligence. Save that Our liability in respect of any death or personal injury caused by Our negligence shall not in any way be restricted.
The refund or replacement of a Product is your sole and exclusive remedy and the entire liability of Us and Our group of companies.
Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
While We will use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of these terms and conditions.
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of these terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
The reproduction of colours is as accurate as the photographic and production process will reasonably allow.
All risk in the products We supply to you, in particular the risk of any loss or damage, shall pass to you on delivery of the Products to the address you specify in your order. Ownership of the Products shall not pass to you until We have received payment in full in respect of such products.
These terms, constitute the entire terms on which We will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.
You may not assign or sub-contract any of your rights or obligations under these terms to any person without Our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
No delay or failure by Ourselves in exercising or enforcing any of Our rights or remedies under these terms shall operate as a waiver of those rights.
If you have any complaints or comments about the Website or any of the Products supplied to you via the Website, please contact Us through the Contact us section on the Website.
Complaints policy and process
We hope that you're pleased with any purchase you've made through this Website, and that you'll never have reason to complain – but if there's something you're not happy with, please contact us.
We will try our best to resolve all issues with you as quickly as possible, if we are unable to resolve your problem straight away, our advisers will agree a resolution process and timeline with you. To read about your consumer rights please see the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Acceptable use policy
Your use of Our Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
You may use Our Website only for lawful purposes. You may not use Our Website:
- In any way that breaches any applicable local, national or international law or regulation
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- For the purpose of harming or attempting to harm minors in any way
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of Our Website in contravention of the provisions of these terms and conditions
- Not to access without authority, interfere with, damage or disrupt:
- Any part of Our Website
- Any equipment or network on which Our Website is stored
- Any software used in the provision of Our Website or
- Any equipment or network or software owned or used by any third party.
Suspension and termination
We will determine, in Our discretion, whether there has been a breach of this acceptable use policy through your use of Our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use Our Website, and may result in Our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use Our Website
- Issue of a warning to you
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- Further legal action against you
- Disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.
These terms and conditions govern our relationship with you. In agreeing to be bound by these terms and conditions, you confirm that you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your rights are not affected by these terms and conditions.
These terms and conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
For any queries regarding Our service, please contact us via Our Contact us form or by letter to the address below:
EDF Energy Customers Ltd
Registered office: 90 Whitfield Street, London W1T 4EZ.
Registered in England. Company registration number: 02228297
VAT no: 523 0412 02