Wiser Monthly T&Cs

TERMS OF SERVICE FOR CONSUMERS

(Wiser Monthly)

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we provide the Wiser Kit (see details below) as part of Wiser Monthly subscription service to consumers. References to products in these terms means both goods (that is the Wiser Kit loaned under Wiser Monthly subscription service) and digital services (that is the possibility to monitor the Wiser Kit with the Wiser Home App).

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us by emailing us at wiser.monthly@se.com.

1.4 Who can enter into a contract with us. You can subscribe to our service (this being the Wiser Monthly subscription) if you are 18 or over and the services will be used at your home in the UK (including the Isle of Man). If you move or change your contact details you must tell us.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Schneider Electric Controls UK Limited a company registered in England and Wales. Our company registration number is 00739180 and our registered office is at Stafford Park 5, Telford, England TF3 3BL.

2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0) 333 6000 622 or by writing to us by email at wiser.monthly@se.com or writing to us at Schneider Electric Controls UK Limited, 401 Southway Drive, Southway, Plymouth, Devon PL6 6QT.

2.3 How we may contact you. If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order or via the Wiser Monthly portal.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order for the Wiser Kit and Wiser Monthly subscription. Our acceptance of your order will take place when we confirm your order by email, at which point a contract will come into existence between you and us. To utilise Wiser Monthly you will need an active Wiser Monthly subscription for a Wiser Kit, the Wiser Home App and a suitable internet connection.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the service. This might be because the components of the Wiser Kit are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS (‘WISER KIT’)

4.1 Products may vary slightly from their pictures. The images of the components comprising of the Wiser Kit on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. The products provided to you may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the products may vary from that shown in images on our website.

4.3 What will be provided to me as part of the Wiser Kit under the Wiser Monthly subscription. What is provided to you as part of the Wiser Kit will depend on your subscription package and is subject to change. The ‘starter’ Wiser Kit includes the following products (some or all of which, may be refurbished products):

1x Smart Room Thermostat
1x 1,2 or 3 channel Heat HubR (depending on your existing heating system and boiler)
1x Thermostat stand
1x Thermostat wall bracket
2x AA batteries
1x Communications module
1x Wallplate

If you require any further items, further paid subscriptions of such items may be required. Replacement batteries will need to be purchased at your own cost.

In some cases, we may offer refurbished products. Refurbished products are products that have been previously used, returned to us, and restored to like-new condition. The refurbishing process typically involves testing and repairing any defects, cleaning the product, and repackaging it for resale.

Refurbished products may have been returned due to a defect, cosmetic damage, or simply because a buyer changed their mind. In some cases, the product may not have been used at all but was returned because the packaging was damaged.

All refurbished products undergo rigorous testing and certification by our expert technicians to ensure that they function in like-new condition. We stand behind the quality of our refurbished products and offer the same warranty coverage as our new products.

5. YOUR RIGHTS TO MAKE CHANGES TO AN ORDER

5.1 We understand that your needs may change over time. That's why we offer you the flexibility to adapt your subscription to better suit your requirements by adding new elements such as additional thermostats or smart plugs. With our user-friendly portal, you have the freedom to modify your subscription at any time, hassle-free.

5.2 If you wish to make a change to any order you have placed with us, you can do this through the Wiser Monthly portal.

6. PROVIDING THE PRODUCTS

6.1 Delivery and delivery costs. For orders placed on the Wiser Monthly shop we will deliver to UK addresses only, Isles of Scilly and the Isle of Mann, free of charge.

6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.

6.3 Supply of the Wiser App. The Wiser Kit will need to be used in conjunction with the Wiser App, your use of the Wiser App will be subject to additional terms that will be made available to you when you download the Wiser App from the mobile application stores on which we publish the Wiser App.

6.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for all or part of the subscription service (as applicable) for any products you have paid for but not received.

If you experience interruption to Wiser Monthly due to delays that are solely attributable to us, you may be eligible for a refund for the period during which you were unable to use the products and services included in your subscription. The refund amount will be calculated based on the duration of the service interruption caused by our delays. This refund will be proportional to the subscription fees you paid for the affected period.

6.5 When you become responsible for the Wiser Kit. The Wiser Kit will be your responsibility from the time we deliver this to the address you gave us.

7. THE WISER KIT

7.1 Ownership of the Wiser Kit. The Wiser Kit and any other equipment we designate as owned by us will remain our property at all times (unless agreed otherwise) and are loaned to you as part of the subscription service fee. Each item of equipment loaned to you from time to time is “loaned equipment”. Loaned equipment must not be taken outside the UK unless we tell you otherwise.

7.2 Your responsibility for the Wiser Kit. You are responsible for keeping loaned equipment in good condition and using it properly. Whilst we remain the owner, you agree to:

(a) not misuse, neglect or damage the loaned equipment;

(b) not tamper with or disassemble the loaned equipment or remove or obscure any labels or markings on the loaned equipment;

(d) allow us to make alternations and refurbishments to or replace the loaned equipment if reasonably required. We may need reasonable access to your home to do this or we may need you to follow our reasonable instructions;

(e) keep the loaned equipment in your home and under your control (for example, you may not sell it to anyone or use it as security for a loan);

(f) not dispose of the loaned equipment unless expressly authorised to do so by us, and

(g) take proper care at all times to prevent the loss or theft of the loaned equipment (we recommend you insure loaned equipment against loss, theft or damage for the full replacement value).

7.3 What happens if there is a fault to the Wiser Kit during its lifetime? If you discover a fault with the Wiser Kit or any part of it, you should call the Technical Team on +44 (0) 333 6000 622 and obtain a ticket number. You should then raise a case with the Customer Care Team by emailing details of the fault and the ticket number to wiser.monthly@se.com.

Once validated by us, we will (at our sole choice) repair or replace or refurbish any loaned equipment at no cost to you. We reserve the right to replace the loaned equipment with a refurbished kit. Unless:

a) you are responsible for the fault in which case additional charges may apply; or

b) we have requested that you return the loaned equipment to us and you have not done so in time.

Any equipment replaced by us due to the above shall be the same or equivalent, whether a new or refurbished device, provided that it shall meet the functional and aesthetic requirements of the original piece of equipment.

You will be responsible for faults to loaned equipment caused by:

(a) misuse or neglect of, or accidental or deliberate damage to the loaned equipment;

(b) your failure to follow our reasonable instructions regarding the loaned equipment;

(d) tampering or disassembling the loaned without our consent; and/or

(e) you doing anything else which is likely to cause damage to the loaned equipment, unless this is done at our request or on our instruction.

7.4 Requesting the return of the loaned equipment. Either of us can give notice at any time requiring loaned equipment to be returned to us. We will only give notice where it is reasonable to do so and only where either (a) the loaned equipment is no longer enabled to receive a paid subscription service from us; or (b) we are replacing the loaned equipment with other loaned equipment that offers similar or better functionality including refurbished products.

7.5 What happens if the loaned equipment is lost or stolen? If loaned equipment is lost or stolen you must tell us immediately and you will need to replace the lost or stolen equipment at your own cost.

8. THE SUBSCRIPTION

8.1 Is there a minimum term to the subscription for the Wiser Monthly service? There is no minimum term, you may cancel your subscription through the Wiser Monthly portal at any time and then your subscription will terminate on the last day of that month.

We reserve the right to withdraw or terminate this subscription offer at any time, for any reason, and without prior notice. In the event that we decide to withdraw the offer, we will make reasonable efforts to communicate this change to all affected consumers. Where this happens, we will endeavour to offer you an alternative solution.

8.2 Will the Wiser Kit be changed or amended by us? We may change or add to the conditions of this agreement for any of the following reasons:

(a) our products and services are variable in nature (this means they may be changed, altered, improved, refurbished or added to at our discretion as this ensured we respond to customer needs and remain competitive);

(b) we intend to change the way we structure our products and services;

(c) we change the way we provide products and services to you (for example, we develop new technology to provide you with a better experience);

(d) to help improve the security and operation of our technical infrastructure;

(e) we re-organise the way we structure or run our business;

(f) valid legal or regulatory reasons; or

(g) to make our conditions 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.

We supply the loaned equipment on an ongoing basis and we cannot foresee what may change in the future. This means we may make changes or additions to any of the conditions for reasons other than those set out above.

8.3 Will the price of the Wiser Monthly subscription change. We may increase the price of any of your subscription services by giving you at least 31 days’ notice in writing where possible.

We may increase the price of any of your Wiser Monthly subscription services at any time by giving you at least 31 days’ notice in for any of the following reasons:

(a) we are introducing new content, products and services including but not limited to a refurbished kit;

(b) we are changing the way we structure our products and services;

(d) other costs associated with running our business increase.

8.4 How much notice will we give you of any changes to the service or loaned equipment. We will notify you in writing at least 31 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 notice as reasonably possible.

Occasionally we may have to restrict and/or modify your services for short periods of time and without notice to carry out maintenance, technical repair, enhancement or emergency work. If we do so, we will restore your services as quickly as we can.

8.5 When will our agreement terminate if you cancel the subscription. This agreement will terminate automatically when all loaned equipment you received from us has been returned to us and any credits due to you from us have been paid or, if earlier, six years from the date we are entitled to disable loaned equipment.

8.6 How will changes in the Wiser App impact your use of the Wiser Kit. We continually review compatible device support and as new devices and operating systems appear, we may stop supporting some older versions of the Wiser App. This means that to continue to utilize the Wiser Monthly service you may need to update from time to time the Wiser App on your mobile device so that it continues operating in conjunction with the Wiser Kit.

8.7 What happens if you move house. Your subscription can be transferred to your new address.

9. YOUR RIGHTS TO END THE CONTRACT

9.1 When can you end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If you have subscribed to a service which is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;

(c) If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.4.

9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;

9.3 Exercising your right to change your mind and how long do you have to change your mind? You have the right to cancel the Wiser Monthly subscription service within 14 days of the date the contract is formed, which typically occurs when you subscribe online. This 14-day period is often referred to as the "cooling-off period." If you choose to cancel within this timeframe, you will be entitled to a full refund of any payments made, including standard delivery charges, if applicable.

Please note that if you requested that the service start within the cooling-off period and then subsequently cancel, you may be required to pay for the value of the service provided up to that point. For cancellations after the cooling-off period or for further details on the cancellation process, please refer to our cancellation policy.

10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

10.1 Tell us you want to end the contract. To end the contract with us, simply cancel your subscription through the Wiser Monthly portal.

10.2 Returning products after ending the contract. If you end the contract for any reason after the Wiser Kit has been dispatched to you or you have received it, you must return it to us.

In the event that you fail to return the loaned equipment within 30 days from the date of termination or cancellation, you shall be liable to us for the retail or replacement value of the loaned equipment, as determined by us, at the time of termination or cancellation. We reserve the right to bill you for the retail or replacement value of the unreturned loaned equipment, and you agree to promptly pay such charges upon receipt of an invoice.

You acknowledge that the loaned equipment must be returned in a clean, undamaged, and fully functional condition, except for normal wear and tear. We shall have the sole discretion to determine the condition of the returned loaned equipment.

To cancel the contract you will need to initiate the cancellation process through the Wiser Monthly portal. Upon receipt of your cancellation request, you will receive an email containing a free of charge shipping label for the return of the loaned equipment to us. Upon the receipt of the returned shipment, we will promptly send you a confirmation email to acknowledge its successful delivery.

10.3 When we will pay the costs of return. We will pay the costs of the return of all loaned equipment no matter your reaosning for cancelling the contract.

10.4 How we will refund you. Any refund due by us will be paid to you by the method you used for payment. However, we may make deductions, as described below.

10.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the loaned equipment back from you or, if earlier, the day on which you provide us with evidence that you have sent the loaned equipment back to us. For information about how to return a product to us, see clause 9.3.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 How to tell us about problems. If you have any questions or complaints about the Wiser Kit or any parts compromising of the loaned equipment, please contact us. You can telephone our customer service team at +44 (0) 333 6000 622 or write to us at wiser.monthly@se.com or Schneider Electric Controls UK Ltd, 401 Southway Drive, Southway, Plymouth, Devon PL6 6QT.

11.2 Summary of your legal rights. We are under a legal duty to supply products and services that are in conformity with this contract. Nothing in these terms will affect your legal rights.

12. PRICE AND PAYMENT

12.1 Where to find the price for the Wiser Home App and the Wiser Kit. The cost of your subscription to Wiser Monthly (which includes VAT) will be the price indicated on the order pages when you placed your order. All prices on the Wiser Monthly shop are given in Pounds Sterling. We take all reasonable care to ensure that the price of the product and service advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order. There will be no charge to download and use the Wiser Home App.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.4 When you must pay and how you must pay. We will bill you monthly in advance for your Wiser Monthly subscription service and you agree to make your payment on or by the date stated on your bill. The first bill you receive for your Wiser Monthly subscription service may include a payment for the service you have received to date (payment in arrears) together with a payment for the next month in advance.

If you are not the bill payer you must tell the payer of any price increase notice we send you.

12.5 Setting up continuous payment. Unless we agree otherwise, you must have a continuous payment method set up with us at all times, which we will use to take your payment on or around the date stated on your bill.

12.6 Altering your payment instructions. We may alter your credit card instruction if the price of your services changes for any reason. We may also charge any other payment due under this contract under your credit card instruction together with any other payments which you agree we may charge under that instruction.

12.7 Providing you with a statement. A reasonable time before payment is due (normally 14 days), we will post your bill either electronically by email, or to your address.

12.8 Late payment and other charges. If you miss any payments you owe to us we may charge you a reasonable fee to help pay for the extra costs we incur processing late payments, or interest at the yearly equivalent of 4% over Barclays Bank plc’s base rate for the whole period of any late payment, to compensate us for you breaking these conditions. Any interest is worked out daily. These fees will not be applied to any amount you have not paid because it is the subject of an ongoing dispute between us. You will be responsible for paying all reasonable debt recovery fees/charges incurred in recovering your debt, including fees charged by any debt collection company we use. We will send you a reminder or call you before applying any late payment fee or instructing a debt collection company.

We may also charge you a reasonable fee that reflects the costs we incur if any payment instruction from you is returned to us because you do not have enough funds in your account, is cancelled or is not cleared by your bank.

12.9 Use of multiple offers. You are not entitled to combine multiple offers, discounts, or promotions. We reserve the right to refuse, reject, or cancel any order in which customers attempt to apply multiple offers in violation of this policy. If an order is refused, rejected, or cancelled due to the improper use of multiple offers, any payments or charges associated with the order will be adjusted accordingly

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.

13.3 If defective products or services which we have supplied damage a device belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.4 We are not responsible for any damage caused to the loaned equipment due to improper installation, mishandling, or tampering by the you or any third party. To avoid such issues, we kindly request that you ensure proper installation, handle equipment with care, and refrain from unauthorized tampering. Please be aware that warranties or guarantees may be voided if the loaned equipment is damaged due to these reasons. If you have questions or concerns, our customer support team is here to assist you in ensuring a safe and trouble-free experience with our products and services.

13.5 We are not liable for business losses. We only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, loss or corruption of data, business interruption, or loss of business opportunity.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy at the Wiser Monthly portal.

15. OTHER IMPORTANT TERMS

15.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of the country in which you live, and you can bring legal proceedings in respect of the products in England and your local courts.