Conditions of sales
General Conditions of Sale
Website publication and entry into force date 30/09/2020
1.2. TRIBOO DIGITALE sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be TRIBOO DIGITALE as Seller (hereafter the "Seller ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties"). The purchase order processing activities, including the delivery of the Products, shall be managed directly by the Owner.
1.3. The Owner is not a party of these Conditions, but holds all rights to the Site's domain name, the logos, the registered trademarks relating to the Products available on the Site and holder of all copyrights relating to the Site and its contents.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc. - shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address firstname.lastname@example.org.
1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:
- the withdrawal right referred to in article 10 shall not apply to the buyer;
- the Product warranty referred to in article 8 shall not apply to the buyer;
- no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
- the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.
1.9. The Consumer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
2. Product features and availability in the various geographical areas.
2.2. The Seller reserves the right to amend these Conditions of sale at any time, at his own discretion, without being liable to provide any notice to Website users. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Consumer is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.
3. Product purchase procedure - Conclusion of each single purchase contract
3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the order confirmation email which will include a link to these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Consumer’s order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at email@example.com.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail
4. Product selection and purchasing procedure
4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address firstname.lastname@example.org.
5. Delivery and acceptance of goods
5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the Consumer has selected the bank transfer payment method, the delivery term will become effective from the moment the Seller receives the payment.
5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, as quickly as possible, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with reservations”.
6. Prices, shipping costs, customs duties and taxes
6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility of the Consumer.
6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.2. Payments for orders can be effected by credit card or PayPal at the conditions provided below. The Seller may allow additional payment methods, indicating them in the Website's payment section.
7.3. When payment is by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Global Collect Service BV, with registered office in Amsterdam, Holland, via Platenweg 43-49, 2132 HF Hoofddorp, enrolled with the Amsterdam Business Register no. 34140462, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.4. Orders may be paid for by bank transfer to the Seller, where the Consumer shall use the "Swift" and IBAN codes indicated on the order confirmation, together with the order number.
7.5. The invoice/tax records relating to the purchase will be sent to the Consumer, where foreseen by applicable laws in force, in electronic format to the e-mail address provided by the Purchaser during the registration process, if the products are to be delivered to a recipient in the Italian territory, or attached to the purchased product in paper format, in all other cases.
8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.
8.2. The Consumer is required to report any defects and non-conformities of the products within and no later than 2 (two) months of acknowledging the same, sending the relative form to the Customer Care Service at the addres Hoover Ltd Warehouse, Pentrebach, Merthyr Tydfil, Mid Glamorgan CF48 4TU to the Seller's Customer Service by email to email@example.com, click here to download the RMA Request Form, clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt). Failure to do so will invalidate this warranty
8.3. On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this e-mail will include the "RMA Code" Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the "RMA Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address: Hoover Ltd Warehouse, Pentrebach, Merthyr Tydfil, Mid Glamorgan CF48 4TU.
8.4. In cases of defects and/or nonconformities, the Consumer shall be entitled to have the conformity of the Product reinstated with repair or replacement of the same by the Seller, or alternate remedies in the cases expressly foreseen by art. 130 of Legislative Decree no. 206/2005.
If the Seller undertakes to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the same e-mail address firstname.lastname@example.org the bank details for the bank transfer in his favour, and allow the Seller to to transfer the refund.
9. Defective Products Liability
10. Right of withdrawal
10.2 To exercise a right of withdrawal, the Consumer shall, before the deadline indicated in paragraph 10.1 above sending an explict declartion to Triboo Digitale using the contact form or email email@example.com, of his intention to exercise the right of withdrawal using the withdrawal form enclosed.
10.3 On completing the requirements of paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email containing, in the case where the ordered product has already been received, the RMA form to be included in the package, along with the instructions on how to return the product, to be sent within and no later than 14 days to:
Hoover Ltd Warehouse, Pentrebach, Merthyr Tydfil, Mid Glamorgan CF48 4TU
10.4 If the Consumer has received the product, he is required to return it to the above indicated address without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if the Consumer returns the goods before the period of 14 days has expired. The Consumer shall be responsible for the direct risks and costs of returning the goods, and providing proof of the same. If the Consumer exercises his right of withdrawal via the Site and wishes to use the return service provided by the Site, before confirming the withdrawal request, the cost to return the goods will be indicated.
10.5 If the Consumer withdraws from this contract, a refund of all payments received will be effected, including the costs of delivery (with the exception of the supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising the right of withdrawal. Such refunds shall be effected using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest.
10.6 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and
to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
11. Intellectual Property Rights
11.2. Unless prior specific consent is granted in writing by Hoover Ltd, no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
12. Protection of Consumer Personal Data
12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.
13. Data Security
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Global Collect Service BV which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
14. Applicable law, settlements and jurisdiction
14.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: firstname.lastname@example.org.
14.4. 14.3 If no settlement attempt is made, as under section 14.2, or the attempt is not successful, exclusive jurisdiction for all disputes shall be granted to the competent court in the Consumer's place of residence or domicile address.
User Contract for WashPass
This contract contains the terms and conditions for customers subscribing to WashPass services and covers the following:
- The terms of supply and use of the services, including the supply of necessary detergent kits;
- The terms of loan of the washing machine necessary to use the WashPass services;
- Notice on your statutory right to cancel this contract during your cooling-off period.
A. Contract Definitions
In this contract, the following capitalised terms will have the meaning set forth below, regardless of them being used in the singular or in the plural, as the context may require.
When reference to this “contract” is made, both the Service Agreement and the Equipment Loan Agreement are included in such reference. In this contract, “you”, “yours” are references to the Customer, while “we”, “us”, “our” are references either to Hoover or to Triboo or both, as the case may be.
B. Agreement for the supply and use of the Service
The Service is supplied to you solely by Triboo, despite certain parts of the Service may be still be actually performed by Hoover directly or by Hoover’s Affiliates or other agents (e.g. washing programmes updates, delivery of Detergent Kits, etc.).
1.1. To subscribe to the Service, you must be a consumer over the age of 18 and a resident in the United Kingdom, except the Isle of Man, Channel Islands and Northern Ireland. We will not accept requests of subscription from traders or companies. We may verify the identity and age of any subscribing person and request to any such persons to certify their identity by providing us with their ID card, passport or any other similar document.
1.2. The Service is not available outside of the United Kingdom, excluding the Isle of Man, Channel Islands and Northern Ireland. You cannot use the Service if your home is outside of the United Kingdom excluding the Isle of Man, Channel Islands and Northern Ireland, regardless of you being a resident in the United Kingdom, excluding the Isle of Man, Channel Islands and Northern Ireland.
1.3. You will be able to use the Service only if you accept the terms and conditions of the Equipment Loan Agreement and receive the Equipment at your Home accordingly. Your subscription cannot be activated if you do not receive the Equipment.
2. Description of the Service
2.1. The Service enables you to wash your clothes by using both the Equipment and Detergent Kits on a pay per use basis, meaning that you will be charged:
(a) A Setup Fee, billed once at the time of your subscription to the Service;
(b) A Subscription Fee, billed every month in advance as of the Activation Day until termination of this Service Agreement; and
(c) A Washing Fee for each washing cycle you run with the Equipment. The Washing Fee will be billed to you on a monthly basis as of one month after the Activation Day.
You must subscribe to the Service for the Minimum Term.
2.2. We will supply to you:
(a) washing programmes; these programmes are designed by Hoover or Hoover’s Affiliates and will be transmitted online and downloaded directly into the Equipment; this process will be managed automatically through the web app related to the Equipment;
(b) Detergent Kits, these will be supplied by express courier.
Both washing programmes’ and Detergent Kits’ cost is included in the Service Fee.
2.3. You understand and agree that some or all of the Service’s features:
(a) Will work only through a stable high-speed internet access over a Wi-Fi network of your choice. Power supply and connectivity costs, including the cost of related appliances (e.g. modem, access point, etc.), will be borne by you;
(b) Must be activated or used through a personal computer, a smartphone and/or a tablet capable of scanning QR codes (whose cost shall be borne by you) under a stable high-speed internet access (that you must provide at your expenses);
(c) In case of no access or limited access to the Internet and/or connectivity to a Wi-Fi network, the use of the Service might be partially or totally impaired. It is your duty to ensure that your connection meets the requirements set out above.
2.4. Minimum operational requirements for internet connection, Wi-Fi network and devices are provided to you at the moment of your request of subscription to the Service.
3. Subscription Procedure
3.1. For you to subscribe to the Service, you must place a subscription request through the Website. Make sure you log in with your Website account. If you do not have an account, you have to register by following the instructions available in the Website.
3.2. Before placing your subscription request, you will be requested to:
(a) Accept the Pricelist made available to you prior to your request, which includes details about the Service Fee and the Early Termination Fee;
(b) Accept the terms and conditions of this Service Agreement;
(c) Accept the terms and conditions of the Equipment Loan Agreement;
(e) Fill in the subscription module with necessary personal information, including information on the location of your Home;
(f) Provide us with your credit card details or details of any other payment method available in the Website;
3.3. In addition to the information above, we still might need you to provide us with additional data (e.g. your ID document) in order to assess your eligibility to the Service.
3.4. You placing a subscription request does not mean that you have subscribed to the Service. Your subscription to the Service is subject to our prior approval, which we will give and notify to you if you are eligible in accordance with Clause 1 above.
3.5. If we do accept your subscription, we will:
(i) Deliver to you the first Detergent Kit within a reasonable period of time;
(ii) Have the Equipment delivered to you in accordance with the Equipment Loan Agreement.
3.6. The Service will be made available to you upon completion of the Setup and activation procedure according to Clause 6.
4. Detergent Kits
4.1. Detergent Kits are special cartridges sets containing detergents made specifically for their use within the Service and with the Equipment. Detergent Kits are specifically designed for their use with the Equipment only.
4.2. Each cartridge of a Detergent Kit contains laundry detergents and other chemicals (such as fabric softener, stain remover, etc.) whose action is released if and when mixed together with the content of other cartridges or if and when used at a certain point of a washing cycle. Our washing programmes in the Equipment will mix and manage the content of the Detergent Kits in the most appropriate way, depending on the cycle of washing you choose and the material of your clothes.
4.3. You agree to validate and use the Detergent delivered to you with each supply Kits as per our instructions. You must not in any case:
(a) Mix the content of Detergent Kits yourself, as it might result in poor washing quality, damage to the Equipment, damage to your clothes and serious harm to you, other people and/or the environment;
(b) Use the Detergent Kits with any equipment that is not the Equipment supplied by us, such as washing machines marketed by third parties, even if such other equipment is manufactured by Hoover and Hoover’s Affiliate;
(c) Use other detergents other than the Detergent Kits supplied by us with the Equipment, e.g. by placing laundry detergents or packs directly into the Equipment’s drum. You acknowledge that the Equipment dispenser is blocked by default. You should not put or pour anything in to it, unless we tell you to do so.
4.4. If you use detergents other than Detergent Kits (e.g. by putting or pouring them directly into the drum), you will be still charged the Washing Fee in full. You agree that we may have the Equipment blocked and/or we may stop you from receiving the Service if you use detergents other than the Detergent Kits, unless you have been authorised to do so.
4.5. We will tell you when and how to place or replace cartridges into your Equipment every time this procedure is needed, based on your consumption. Use of the cartridges is monitored by the Equipment and when the detergent levels are running low new replacement cartridges will automatically be supplied to you. When the Equipment notifies you that the cartridges is finished you should replace cartridges in your Equipment. You will receive messages or signals from the Equipment itself, via the Website, email, SMS or any other appropriate channel.
5. Supply of Detergent Kits
5.1. We will supply to you the necessary Detergent Kits by delivering them directly to your Home. We will ship the Detergent Kits by express courier. We will also notify you with all available shipping details (including tracking numbers, if any).
5.2. The first Detergent Kit will be delivered to you before the installation of your Equipment. You must not to use the Detergent Kit until the time your Equipment has been installed. Nonetheless, we may sometimes deliver the first Detergent Kit after the installation of the Equipment, in which case you must not to use your Equipment until the time you receive the first Detergent Kit.
5.3. The Equipment is provided with software capable of determining when Detergent Kits must be replaced, e.g. by measuring the level of detergent contained in each cartridge. We will supply to you the necessary Detergent Kits when you need them automatically, based on your consumption.
5.4. You will be notified each time we intend to ship new Detergent Kits to you. You may cancel each shipment within 1 day from the date you receive our notification. If no cancellation occurs within the term above, we will ship the Detergent Kit automatically. You understand and agree:
(a) You will not be able to use the Service unless all the necessary cartridges have been placed into the Equipment as per our instructions. For this reason, we recommend that you cancel Detergent Kits’ shipment only if necessary (e.g. you are about to leave for a long journey, you will not be using the Service for a long time, etc.);
(b) All Detergent Kits will contain a minimum amount of 4 cartridges and we will not ship cartridges in smaller amounts. If you receive more cartridges than you need, we recommend you to store them until the time you will need them.
(c) The composition of Detergent Kits might vary from one delivery to another, depending on the amount of detergent you consume. For instance, you might be supplied more cartridges of one detergent because you use it the most and less of another that you use less. We will always ship to you Detergent Kits in the most appropriate composition so as to guarantee that you will not run short of detergents while you use the Service.
6. Setup and Activation, Validation of Detergent Kits
6.1. Before using the Service and after installation of the Equipment, you must perform a Setup and activation procedure. Detailed instructions will be provided to you with the Equipment.
6.2. We may request you to perform Setup and other procedures from time to time. In particular, you will need to validate Detergent Kits every time before placing them into the Equipment. We will provide you with all necessary instructions to complete the procedure.
6.3. You acknowledge that Setup, activation and validation must be performed by you with your own personal device, such as a personal computer, a smartphone and/or a tablet, on which we may request you to download programmes or apps. You acknowledge that such devices must be compatible with QR code scanning.
6.4. You acknowledge and agree that we will start supplying the Service on Activation Day on your request. This means that by completing Setup and activation of the Service:
(a) you are requesting and agreeing that the Service is supplied to you from Activation Day;
(b) you are waiving your right to cancel during your Cooling-Off Period;
(c) you acknowledge that the Minimum Term starts and you cannot cancel your subscription to the Service until it ends, unless you pay us the Early Termination Fee.
7. Service Fee and Payments
7.1. We will charge you both:
(i) A Setup Fee, billed once at the time of your subscription to the Service
(ii) A Subscription Fee, billed every month in advance as of the Activation Day until termination of this Service Agreement; and
(iii) A Washing Fee for each washing cycle you run with the Equipment. The Washing Fee will be billed to you on a monthly basis as of one month after the Activation Day.
7.2. The Setup Fee, the Subscription Fee and the Washing Fee are determined in the Pricelist made available to you at the time of your subscription request and include Value Added Tax. Together, they constitute the Service Fee. Prices are in Pound sterling
7.3. You understand and agree:
(a) The Subscription Fee is your consideration for keeping the Service active for you as long as your agreed subscription term. This includes, but is not limited to, running refurbishing systems for you to receive Detergent Kits on a continuative basis and general maintenance of our technical framework
(b) You must pay the Subscription Fee each month regardless of your actual use of the Service. This means that you must pay the Subscription Fee even if you did not wash your clothes with the Equipment;
(c) The Washing Fee is your consideration for receiving the Service. This includes, but is not limited to, designing and making available to you our washing programmes;
(d) You will be charged the Washing Fee even if you decide to cancel a washing cycle while it runs, in those cases where cancellation of a cycle is allowed by the Equipment.
7.4. When your subscription to the Service ends, we will bill you the Service Fee immediately after date of termination of this Service Agreement. You will pay:
(i) The Subscription Fee for the last month of your subscription in full, even if your subscription ends before the end of the month;
(ii) The Washing Fee for each washing cycle you run with your Equipment until termination and, after termination, until the moment the Equipment is blocked. You should not use the Equipment if you have terminated the Service Agreement.
7.5. Payments must be made by continuous credit card mandate, or any other payment method available in the Website.
7.6. If you have missed any payments you owe to us or provide unauthorised payment or other details, we can suspend the Service and having the Equipment blocked without giving you notice.
7.7. We may increase the Service Fee at any time, by giving you at least 30 days written notice. If we do so, such increase will be considered a change pursuant to Clause 10 and you will be granted the remedies thereof, unless such increase is required by law or any authority requires or requests a change in the Service Fee, including Value Added Tax.
7.8. In the event your credit card or payment method is rejected (e.g. due to lack of funds or cancellation) and we incur in any costs for this reason, we will charge you an amount equal to such costs.
8. Minimum Term and Termination
8.1. This Service Agreement will be effective as of the date of acceptance of your request of subscription to the Service and will stay in force until terminated. However, this Service Agreement cannot be terminated during the Minimum Term, unless you or we have a right to do so under Clauses 8.2, 9 and 10.
8.2. This Service Agreement will terminate:
(a) Automatically, when the Equipment Loan Agreement is terminated for any reasons whatsoever;
(b) if you are in breach of this Service Agreement and such breach has not been cured by you within 15 days of our notice;
(c) if you cancel your subscription to the Service during your Cooling-Off Period;
(d) if you cancel your subscription to the Service after the Minimum Term by giving us 30 days written notice.
8.3. We may charge you an Early Termination Fee:
(a) If you end your subscription to the Service during the Minimum Term;
(b) If termination occurs during the Minimum Term as a consequence of you breaching this Service Agreement.
8.4. The amount of the Early Termination Fee is determined in the Pricelist that will be made available to you prior to your request of subscription.
9. Features and Functionality
9.1. We may supply extra features or functionality which you will not have to pay for. We can withdraw these features or functionality without giving notice to you.
9.2. If we introduce any features or functionality that we wish to make an extra charge for, we will tell you what charge will apply if you wish to receive that feature or functionality.
10. Our Right to Change this Service Agreement
10.1. We may change or add to the conditions of this Service Agreement for any of the following reasons:
(a) The Service is variable in nature and has variable prices (this means it might be changed, altered, improved or added to our discretion in order to respond to customers’ needs and market conditions);
(b) We intend to change the way we structure the Service;
(c) We change the way we provide the Service;
(d) We are introducing new features or functionalities to the Service;
(e) The cost to us of providing the Service increases or we suffer other costs associated with our business;
(f) To improve the security and operation of our systems (for example, the performance of the Website);
(g) We reorganise our business;
(h) Valid legal or regulatory reasons; or
(i) We change the terms and conditions of the Service Agreement to make them clearer or easier to understand, to reflect changes in law or to update our contracts from time to time so all our customers are on the same conditions.
10.2. We will notify you in writing at least 30 (thirty) days before any changes or additions to the conditions of this agreement come into effect unless we are required to make changes or additions immediately for valid legal or regulatory reasons in which case we will try to give you as much reasonably notice as possible. If the changes we made have a material impact on the Service agreed with you and you do not wish to accept, you will be entitled to withdraw from this Service Agreement at no cost (even during the Minimum Term) by serving us a written notice for such purpose within the term indicated above.
11. Limitation of Liability
11.1. We will not be liable under this contract for:
(a) Any fault in the Equipment caused by you tampering with it, your negligence or failure to follow our instructions or the Equipment Loan Agreement;
(b) Any fault in the Service caused by you not following our instructions, your negligence or failure to follow our instructions or this Service Agreement;
(c) Use of the Equipment with any other device we do not authorise;
(d) Use of Detergent Kits with any device other than the Equipment or in breach of this Service Agreement;
(e) Any fault in the Equipment or any other equipment you use, if this was supplied by a third party other than Hoover or a Hoover’s Affiliate or under a separate contract;
(f) The act of ending this Service Agreement in accordance with its provisions;
(g) The act of having the Equipment disabled, unless we do so in breach of this Service Agreement;
(h) Any delay or failure by us to provide you the Service caused by the Equipment being placed in a place not fit for installation or if the Equipment does not work or work properly due to lack of water or power supply, faulty drains and/or lack of internet connectivity;
(i) Any delay or failure by us to provide you the Service, including supply the Detergent Kits to you, caused by events outside our reasonable control or force majeure events, including but not limited to severe weather conditions, epidemic, pandemic, civil disorder, terrorist activity, war, and government action;
(j) Any loss or damage caused by us or any of our officers, employees or agents in circumstances where there is no breach of a legal obligation or legal duty of care owed to you or by our employees or agents; or such loss or damage was not contemplated by both you and us at the time we entered into this Service Agreement;
(k) Any loss or damage caused by us or our employees or agents to the extent that such loss or damage results from any breach by you of these Service Agreement, unless we or our employees or agents were in breach of a legal obligation or duty of care and that breach is the most significant cause of the loss or damage.
11.2. The provision above will not affect any liability we may have to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.
12.1. Where we are required under this Service Agreement to give you notice, we will give you this notice by letter, email or SMS, or on your monthly bill. Any notice you give us under this agreement must be given by email at the following address: email@example.com.
13. Transfer of Rights
13.1. We can transfer our rights and/or obligations under this Service Agreement to Hoover or to any Hoover’s Affiliate either as a variation to this Service Agreement or as a new agreement provided in either case this does not affect your rights under this Service Agreement in a negative way. Where a new agreement will be entered into this will become effective 30 days after we notify you in writing of the transfer.
13.2. This Agreement is taken out with you as an individual and is not transferrable to any other person.
14. Applicable Law and Jurisdiction
14.1. This Service Agreement is governed by the laws of England and Wales unless you live in Scotland, in which case it will be governed by Scots law (as applicable). Any disputes under this Service Agreement shall be dealt with by the courts of the country whose law governs this agreement, unless you live Scotland in which case you can choose to bring a dispute before the courts in your country or the English courts instead.
C. Agreement for the Loan of the Equipment
This Agreement for the Loan of the Equipment is with Hoover. Triboo has been appointed the agent of Hoover for collecting the Deposit and the Non-return Charge (if due). This Equipment Loan Agreement is ancillary to the Service Agreement.
1. Loan of the Equipment
1.1. As a Customer, you will be provided with a washing machine specifically designed to provide the Service to you. Such Equipment, along with any additional equipment that may be delivered to you during the term of your subscription, remains at all times the property of Hoover or of a Hoover’s Affiliate, as the case may be, and is loaned to you at no cost.
2. Security Deposit
2.1. Prior to your acceptance of this Loan Agreement, you will be required to pay a security deposit whose amount is determined in the Pricelist and made known to you at the time or your subscription to the Service. You cannot enter into this Equipment Loan Agreement and no Equipment will be loaned to you if you do not pay the Deposit.
2.2. You must pay the Deposit either by credit card or by any other payment method made available to you in the Website at the moment of your subscription to the Service. You will pay the Deposit to Triboo, who has been authorised to receive the Deposit on behalf of Hoover.
2.3. The Deposit will accrue no interest in your favour, and you waive any right to any interest on the Deposit by accepting this Loan Agreement.
2.4. The Deposit will be refunded to you using the same method to pay the Deposit when the Equipment is safely returned to us in accordance with this Loan Agreement, unless we are allowed to keep the Deposit to compensate us for loss or damage or non-return of the Equipment.
3. Purpose of Loan and Relation to Services
3.1. The Equipment is loaned to you for the sole purpose to allow you to use the Service. Therefore, you acknowledge and accept that:
(j) no Equipment will be loaned to you unless you subscribe to the Service, in accordance with the Subscription procedure as detail in the Service Agreement;
(k) no Service can be provided to you without the Equipment, which must be therefore loaned to you in accordance with this Equipment Loan Agreement;
((l) whenever we deliver to you any additional equipment, such additional equipment will be considered part of the Equipment and thus necessary for receiving the Service.
4. Your Responsibilities Concerning the Equipment and Software
4.1. You are responsible for keeping the Equipment in good conditions and for using it in accordance with this Equipment Loan Agreement and for the exclusive purpose of receiving the Service in accordance with the Service Agreement. By accepting the loan of the Equipment, and for the whole duration of the loan, you agree:
(a) not to misuse, neglect or damage the Equipment;
(b) not tamper with, disassemble, reverse engineer the Equipment;
(c) not to sell, lend, loan, sub-loan or otherwise make available the Equipment to third parties, use the Equipment as a security for a loan, and/or in any way make use of the Equipment as it was your own, unless we authorise you to do so;
(d) not to remove or hide any Hoover’s logo, graphic, trademark and/or name from the Equipment;
(e) not to remove or hide any label on the Equipment specifying that the Equipment is the property of Hoover or of any Hoover’s Affiliate;
(f) follow our reasonable instructions concerning the place of installation of the Equipment and Setup process;
(g) not to move the Equipment from your Home, unless you previously informed us of you reasonable need to move it and we subsequently authorise you do to so;
(h) not to dispose of the Equipment, unless we authorise you do so;
(i) take proper care to prevent loss or theft of the Equipment;
(j) to use only the Detergent Kits supplied to you with the Equipment;
(k) not to put or pour anything into the Equipment’s dispenser, since it will be blocked by default.
4.2. Any software in the Equipment shall be considered in this Equipment Loan Agreement as part of the Equipment itself. Such software remains at all times the property of Hoover or any Hoover’s Affiliate or, if such software has been licenced to Hoover by third parties, the property of such third parties or their licensors. You agree:
(a) not to tamper with the software in the Equipment;
(b) to allow us or a Hoover’s Affiliate, as the case may be, to change or update the software in the Equipment by sending new, additional or updated software to it over the Internet.
5. Delivery and Installation of the Equipment
5.1. We will organise delivery and installation of the Equipment at your Home on a day and time convenient to both you and Hoover.
5.2. To the extent the installation of the Equipment requires the consent of third parties (e.g. your landlord) you must confirm to us you have obtained such consent before we install the Equipment.
5.3. On the day of installation, you must ensure your presence at Home or the presence of someone authorised by you to receive the Equipment, and in the latter case you grant such person is over the age of 18; you must also ensure that we are able to easily access your Home for installing the Equipment and, in particular, that no obstacle will prevent us to carry the Equipment to your Home. Information on the Equipment size is given to you at the time of your subscription to the Service.
5.4. We will place the Equipment in an accessible place of your choice inside your Home, provided that such place has access to water, drainage and power supply needed for the effective operation of the Equipment. We will not install the Equipment outdoor. We will not put the Equipment in a column with a tumble dryer nor match the Equipment with any other device, regardless of the tumble dryer or device been placed into the market under one of our trademarks.
5.5. We will install the Equipment by connecting it to water, to the drain and power supply. No other installation activity will be carried out by us; in particular, we will not check the status or fitness of the place of installation, of drains, water pipes and power supply, nor we will test the Equipment after installation, including Wi-Fi signal strength where the Equipment is located.
5.6. Under your request upon subscription to the Service, we will collect your old washing machine at no cost and dispose of it in accordance with Waste Electrical and Electronic Equipment (WEEE) regulation.
5.7. The installed Equipment will be limited in functionality until completion of the Setup and Activation procedure as referenced in the Service Agreement, along with the supply of the Detergent Kits.
6. Internet Access for the Equipment and Other Requirements
6.1. You understand and agree that some or all of the Equipment’s features will work only if the Equipment is supplied with electricity and provided with stable high-speed internet access over a Wi-Fi network of your choice; no other connectivity option is available for the Equipment. Power supply and connectivity costs, including the cost of related appliances (e.g. modem, access point, etc.), will be borne by you.
6.2. Despite the Equipment lacking access to the Internet and/or connectivity to a Wi-Fi network, the Equipment might still work with limited functionality. You acknowledge that in any such event, use of the Service might be partially or totally impaired.
6.3. Minimum operational requirements for both internet connection and Wi-Fi network will be communicated to you at the moment of your request of subscription to the Service. By accepting this Loan Agreement, you undertake:
(a) to connect the Equipment only to secure, password protected Wi-Fi networks you have legal access to;
(b) to ensure that such Wi-Fi network provides the Equipment with good signal strength;
(c) to ensure the Equipment is provided with a stable high-speed internet connection;
(d) to leave the Equipment connected to the Internet over a Wi-Fi network of your choice for as much time as reasonably possible.
6.4. Unless we authorise you to do so by unlocking the Equipment, The Equipment will work exclusively with Detergent Kits appropriately placed into it. If the Equipment detects no Detergent Kits, the Equipment will stop from working.
6.5. The Equipment’s dispenser will not work, even if you put or pour anything into it. If you do so, please be warned that the Equipment will not empty the dispenser and its content will not be used during washing. This might result in the dispenser overloading. You must refrain from putting or pouring anything into the dispenser unless we tell you to do so.
7. Repairs and Your Responsibility for Certain Faults
7.1. We or a Hoover’s Affiliate will repair or replace the Equipment at no cost to you during the term of this Equipment Loan Agreement if it becomes faulty unless:
(a) you are responsible for the fault in which case we may charge you all repair costs;
(b) you have been requested by us to return the Equipment and you have not done so in time.
7.2. We reserve to charge for engineer callout cost where the fault is related solely to your Wi-Fi and/or internet connection not functioning or not meeting the minimum operational requirements described to you at the time of subscription.
7.3. Should any Washing Fee, as provided in the Service Agreement, be charged to you as a consequence of tests on the Equipment, you will be refunded by deducting such fees from the Service Fee of the month following the tests.
7.4. You will be responsible for faults to the Equipment caused by:
(a) tampering or disassembling the Equipment without our consent;
(b) tampering or hacking, update or trying to update by yourself the software in the Equipment;
(c) misuse or neglect of, or accidental or deliberate damage to the Equipment;
(d) you using detergents other than the Detergent Kits;
(e) you putting or pouring anything into the Equipment’s dispenser;
(f) you putting anything but washable materials into the Equipment’s drum;
(g) your failure to follow our reasonable instructions regarding the Equipment;
(h) other equipment which you own, regardless of it having being placed to the market under one of our trademarks, unless such equipment has been supplied by Hoover in connection with the Service; and/or
(i) you doing anything else which is likely to cause damage to the Equipment, unless this is done at our request or on our instruction.
8. Return of the Equipment and Non-return Charge
8.1. Hoover can give notice to you at any time requiring the Equipment to be returned to Hoover itself or to a Hoover’s Affiliate of its choice or an agent. Notice can be given upon one of the following occurrences:
(a) The Equipment is no longer enabled to receive the Service (e.g. your Service Agreement ends or your Equipment has been disabled as a consequence of you having breached of the Contract);
(b) This Equipment Loan Agreement is terminated for any reason whatsoever;
(c) You did not accept our offer to purchase the Equipment in accordance with Clause 13 below;
(d) We replace the Equipment with other equipment that offers similar or better functionality.
8.2. Hoover’s notice will include information about the Equipment to be returned (or collected by us at our discretion) and packaging and a pre-paid returns label (where applicable) will be included with our notice or will be sent to you after receipt by us of your notice.
8.3. If you fail to return the Equipment within 30 days after we send you the notice above, you will have breached this Loan Agreement; therefore we will charge you a sum equivalent to the market value of the Equipment at the date it should have been returned assuming the Equipment was kept in good condition and used properly as required. This is called Non-Return Charge. Any Deposit paid by you will be deducted from the Non-Return Charge latter sum, and to compensate us for any other loss incurred.
8.4. Hoover, a Hoover’s Affiliate of one of their agents may charge the Non-return Charge directly to any of the payment methods which you have provided us with details of. You will be given reasonable notice before making the charge.
8.5. Payment of the Non-return Charge does not transfer ownership of the Equipment to you and you must still return the Equipment to us.
8.6. If you fail to return the Equipment to us when you are required to, we can also take legal action against you to recover the Equipment from you and ask for compensation of further damages.
9. Damaged, Lost or Stolen Equipment
9.1. If the Equipment is damaged during the loan and you are responsible for such damage, we will use the Deposit to compensate our loss. You have to inform us of any damage occurred to the Equipment immediately. You acknowledge that (i) any damage to the Equipment causes serious harm to Hoover; (ii) damaged Equipment may impair your ability to use the Service; and (iii) damaged Equipment may constitute a threat to your safety and the safety of other people.
9.2. If the Equipment is lost or stolen during the loan you must tell us immediately and you will need to pay the Non-Return charge. Once you have paid the Non-return Charge, we will replace the lost or stolen Equipment with new Equipment, unless this Equipment Loan Agreement is terminated, in which case we will deduct the Deposit from the Non-return Charge and use it to compensate our loss .
10. Hoover’s Right to Disable the Equipment
10.1. You acknowledge that Hoover is entitled to disable the Equipment to stop it from working, by sending signals to it over the internet:
(a) When this Equipment Loan Agreement and/or the Service Agreement is terminated for any reasons whatsoever;
(b) if you are in breach of this Equipment Loan Agreement and such breach has not been cured by you within 15 days of our notice;
(c) if the Provider has a right to suspend the Service and the Service is suspended as a consequence of you having breached the Service Agreement;
(d) if you have been requested to return the Equipment to us and you have failed to do so in breach of this Loan Agreement, in which case we may also take legal action to recover the Equipment from you.
10.2. Any Equipment that have been disabled will not be able to receive the Services or perform any function. You must still pay us the Non-return Charge, if due, after the Equipment has been disabled.
11. Hoover’s Right to Change this Equipment Loan Agreement
11.1. We may change or add to the conditions of this Equipment Loan Agreement for any of the following reasons:
(a) Through the Equipment you will receive a Service which is variable in nature (this means it could be changed, improved or altered to the Provider’s discretion in order to respond to customers’ needs and market conditions). This Equipment Loan Agreement is deeply connected to the Service Agreement and might be affected by any change in the Service;
(b) We intend to change the way we structure the loan of the Equipment;
(c) To improve the security and operation of our technical infrastructure (for example, to prevent misuse of the Equipment);
(d) We reorganise our business;
(e) Valid legal or regulatory reasons; or
(f) To make this Equipment Loan Agreement clearer or easier to understand, to reflect changes in law or to update it from time to time so all our customers are on the same conditions.
11.2. We loan the Equipment to customers on an ongoing basis and we cannot foresee what may change in the future. We may therefore make changes or additions to this Equipment Loan Agreement for reasons other than those set out above.
11.3. We will notify you in writing at least 30 days before any changes or additions to the Equipment Loan Agreement come into force unless we are required to make changes or additions immediately for legal or regulatory reasons in which case we will try to give you as much reasonably notice as possible. If you object to any change we are going to make, you will be entitled to withdraw from this Equipment Loan Agreement at no cost by serving us a written notice for such purpose within the term indicated above.
12. Term and Termination
12.1. This Equipment Loan Agreement will be effective as of the date of acceptance of your request for subscribing the Service and will stay in force until terminated.
12.2. This Equipment Loan Agreement will terminate:
(a) Automatically, when the Service Agreement is terminated for any reasons whatsoever;
(b) Automatically, when the Equipment you received from us has been returned in accordance with this Loan Agreement;
(c) if you are in breach of this Equipment Loan Agreement and such breach has not been cured by you within 15 days of our notice;
(d) if you have been requested to return the Equipment to us and you have failed to do so in breach of this Loan Agreement, in which case we may also take legal action to recover the Equipment from you.
13. Purchase of the Equipment
13.1. You might be offered by Hoover to purchase the Equipment after this Equipment Loan Agreement has been terminated. You might receive such an offer also by a Hoover’s Affiliate or an agent of Hoover. Neither Hoover nor Hoover’s Affiliates or agents will be obliged to make such an offer to you.
13.2. In case we do make an offer to you for the purchase of the Equipment we will do so in writing and we will determine a purchase price as appropriate as possible, taking into account:
(a) The life of the Equipment;
(b) The conditions of the Equipment;
(c) The period of time you have been a Customer.
13.3. You are under no obligation to accept our offer, but if you decide not to do so you will be requested to return the Equipment in accordance with Clause 8 of this Loan Agreement.
13.4. If we make an offer to you, such offer is non-negotiable, can be cancelled by Hoover at any time and, if not cancelled, will stay in force for 15 days of the date of receipt, unless we otherwise specify.
13.5. If you accept our offer to you:
(a) we will charge you the agreed purchase price on your credit card or payment method you provide to us;
(b) the property of the Equipment will be transferred to you after we receive full payment from you;
(c) if you owe us any outstanding fees or charges as applicable under the Service Agreement and/or the Equipment Loan Agreement , the property of the Equipment will be transferred to you (i) when we receive full payment of both the purchase price and Non-return Charge (and any other sum you owe us); and (ii) if the Service Fee and the Early Termination Fee, if due, (and any other sum you owe to the Provider) has been paid in full.
13.6. Once the property of the Equipment is transferred to you, we will unlock the Equipment so as to allow you to use it as a standard washing machine. You agree that:
(a) You must ensure the Equipment is connected to a stable internet connection over a Wi-Fi network to allow us to unlock it;
(b) You will be purchasing the Equipment as a second-hand washing machine;
(c) The Equipment will be therefore covered for 1 year by our standard warranty terms, which you will find in the Website or request to us at any time;
(d) Neither Hoover nor the Provider will supply to you any Detergent Kits unless you subscribe to the Service again;
(e) You might not be able to find Detergent Kits on the market (whether original or compatible) and you will have to use the Equipment’s dispenser to wash your clothes. The Equipment dispenser shall be unlocked once the property has been transferred to you;
(f) You must not place or try to place anything in the Detergent Kits slots nor use any cartridge to simulate a Detergent Kit, since it may result in damage to your Equipment, to your clothes and a threat to your safety and the safety of other people.
14. Limitation of Liability
14.1. Hoover will not be liable under this agreement for:
(a) Any fault in the Equipment caused by you tampering with it, your negligence or failure to follow our instructions or these Loan Agreement;
(b) Any fault in the Equipment caused by you not following our instructions, your negligence or failure to follow our instructions or the Service Agreement;
(c) Use of the Equipment with any other device we do not authorise;
(d) Any fault in the Equipment or any other equipment you use, if this was supplied by a third party or under a separate contract;
(e) The act of ending this Equipment Loan Agreement in accordance with its provisions;
(f) The act of requesting the return of the Equipment, disabling the Equipment or taking legal action to recover the Equipment from you, unless we do so in breach of this Loan Agreement;
(g) The status or fitness of the place of installation, of drains, water pipes and main, Wi-Fi signal and internet connectivity in your Home;
(h) The Equipment not working or not work properly due to lack of water or power supply, faulty drains and/or lack of internet connectivity;
(i) Any delay or failure by us to supply, repair or replace the Equipment caused by events outside our reasonable control or force majeure events, including but not limited to severe weather conditions, epidemic, pandemic, civil disorder, terrorist activity, war, and government action;
(j) Any loss or damage caused by us or any of our officers, employees or agents in circumstances where there is no breach of a legal obligation or legal duty of care owed to you or by our employees or agents; or such loss or damage was not contemplated by both you and us at the time we entered into this Loan Agreement;
(k) Any loss or damage caused by us or our employees or agents to the extent that such loss or damage results from any breach by you of these conditions, unless we or our employees or agents were in breach of a legal obligation or duty of care and that breach is the most significant cause of the loss or damage.
14.2. The provision above will not affect any liability we may have to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.
15.1. Where we are required under this Equipment Loan Agreement to give you notice, we will give you this notice by letter, email or SMS. Any notice you give us under this agreement must be given by email at the following address: firstname.lastname@example.org.
16. Transfer of Rights
16.1. We can transfer our rights and/or obligations under this Equipment Loan Agreement to any Hoover’s Affiliate or any other company, firm or person either as a variation to this Equipment Loan Agreement or as a new agreement provided in either case this does not affect your rights under this Equipment Loan Agreement in a negative way. Where a new agreement will be entered into this will become effective 30 days after we notify you in writing of the transfer.
16.2. This Agreement is taken out with you as an individual and is not transferrable to any other person.
17. Applicable Law and Jurisdiction
17.1. This Equipment Loan Agreement is governed by the laws of England and Wales unless you live in Scotland, in which case it will be governed by Scots law (as applicable). Any disputes under this Equipment Loan Agreement shall be dealt with by the courts of the country whose law governs this agreement, unless you live in Scotland in which case you can choose to bring a dispute before the courts in your country or the English courts instead.
D. Notice on Your Statutory Right to Cancel this Contract During your Cooling-off Period (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013)
This section applies to this contract as a whole.
1. Cancellation During Cooling-off Period
1.1. You have the right to cancel your subscription to the Service without giving any reason any time up to 14 days from date we accept your request of subscription to the Service. If you do so, you will withdraw from both the Service Agreement and the Loan Agreement.
1.2. If you would like to cancel the loan of the Equipment, you can do so by cancelling your subscription to the Service without giving any reason any time within the term above.
1.3. By completing Setup and activation of the Service, you agree that we will start supplying the Service to you from Activation Day. If you do so during your Cooling-Off Period, you understand and agree that you will lose your statutory right to cancel your subscription to the Service as of Activation Day immediately, even if your Cooling-Off Period did not end. This means you must wait to perform Setup and activation of the Service until the time you are sure you want to waive your right cancel or the Cooling-Off Period ends, whichever occurs first.
2. How to cancel
2.1. You may cancel by giving a notice to us within the term above. You can give your notice to us in accordance with Clause 12 of the Service Agreement. We recommend you use the cancellation form available in the Website (link here), but you can use any means and give the notice in any form.
3. Effects of cancellation
3.1. If you cancel your subscription to the Service during your Cooling-Off Period we will refund to you all payments received from you, including any Service Fee and the Deposit.
3.2. We will make any refund due to you without undue delay and not later than the earliest of 14 days after the day we either receive the Equipment back from you. We will make the refund using the same means of payment that you used when you placed your order, unless you have agreed otherwise.
4. Return of the Equipment
4.1. If you cancel your subscription to the Service you will be responsible for making the Equipment available for us to pick it up at no additional cost.