General Terms & Conditions
These General Terms and Conditions govern the contractual relationship between Kubu Smart Ltd of 4th Floor, Towers Business Park, Wheelhouse Road, Rugeley, WS151UZ, hereinafter also referred to as the “Supplier” and its Customers, hereinafter referred to as the “Customer”.
1. Extent, descriptions, amendments
The subsequent General Terms and Conditions shall apply exclusively to the business relationship between the Supplier and the Customer in the version valid at the time the contract was concluded.
Where the devices of the Supplier are sold by a third party on its own behalf, who acts as seller and/or service provider for the devices and services connected thereto, the general terms and conditions between the Customer and such third party shall exist.
When these General Terms and Conditions refer to “consumers”, these are deemed to be natural persons placing orders that cannot be attributed to commercial, independent or freelance activity. In contrast, “businesses” are natural or legal persons with legal personality pursuing commercial, independent or freelance activities. The term “Customers” under these General Terms and Conditions covers both consumers and businesses.
2. Subject of the contract
The subject matter of the contract is the use of software applications and devices of the Supplier for sensing the status of the door lock from the turn of a key using the ‘Kubu Smart Lock’ mobile app. Applications of the Supplier – hereinafter referred to as “app/s” – include both web-based applications and mobile applications.
The mobile apps are made available through the various stores for mobile applications (iOS App Store and Android Play Store.).
The Supplier’s server infrastructure is the central link between the applications and from the applications to the devices. The Supplier shall inform the Customers of any required maintenance work in a timely manner.
3. Conclusion of Contract
All offers of the Supplier are subject to change and are non-binding.
In the case of orders placed over the telephone, through the online store or using any other method, the contract for the purchase shall only come into effect when the Supplier accepts the order and sends a separate email to that effect to the Customer (order confirmation).
Irrespective of whether the contract has been accepted by sending an order confirmation by email, a binding contract shall come into effect at the latest upon delivery of the devices.
Where the devices of the Supplier are purchased through third parties, the contract between the Customer and the Supplier shall only come into effect when the Customer registers with the Supplier using one of the apps of the Supplier.
4. General obligations of the Customer
The Customer hereby warrants that the information provided to the Supplier at the time of the registration or placing the order is accurate and complete.
The Customer undertakes to inform the Supplier immediately of any changes to the data provided and to reconfirm their accuracy and completeness upon request of the Supplier within 15 days of the date of receipt. This concerns, in particular, the name, postal address, email address and telephone number and where applicable, the legal form of the Customer and details of the selected payment method.
5. Prices and payment terms
The prices displayed on the website of the Supplier at the time of placing the order shall apply. If delivery charges are incurred, the Customer will be informed of the amount of delivery charges at the time of placing the order. All prices indicated on the Supplier’s website are inclusive of applicable VAT.
For any failed or returned direct debit or credit card payment, the Supplier shall be entitled to charge a flat-rate fee, except where the Customer can prove that they bear no responsibility for the damage-causing event.
The Customer shall be entitled to prove that the Supplier has not suffered any or substantially lower damage than that suggested by the flat-rate fee.
6. Delivery and retention of title
Deliveries shall take place to delivery addresses in the UK.
It is the responsibility of the Customer to ensure that the goods can be delivered during normal business hours. Delivery usually takes place within two weeks of acceptance of the Customer’s offer to conclude a contract.
In cases of force majeure, the delivery period shall be extended accordingly. Events that qualify as force majeure shall include but are not limited to strike, lockout, interference by public authorities, energy and raw material shortages, transport disruptions, operational disruptions beyond our control – e.g. caused by fire, water, machinery failure or lightning strike – and any other disruptions that could not have been reasonably foreseen or caused by the culpable conduct of the Supplier. Start and end time of the disruption to delivery shall be communicated promptly by the Supplier.
If delivery is delayed by more than two weeks after payment, the Customer has the right to rescind the contract. In addition, in this case, the Supplier will also be entitled to rescind the contract. At the same time, the Supplier will promptly refund any payments already made by the Customer.
The Supplier reserves the right to withdraw from the contract after three failed delivery attempts where the Customer was at fault. In this case, any payments already made by the Customer will be promptly refunded by the Supplier.
Where devices are delivered with obvious damage to the packaging or the content, the Customer shall, without prejudice to their warranty rights, notify the Supplier no later than two weeks after receiving the devices, enabling the Supplier to file a claim for transport damage against the responsible logistics company.
In principle, the costs for returning the goods shall be borne by the Customer. This shall not apply when returning goods as a consequence of a withdrawal.
Where the Customer purchases the devices, the Supplier shall retain title them until they have been paid for in full.
7. Right of withdrawal
Where a Customer enters into a contract with the Supplier as a consumer, and the Customer and Supplier make exclusive use of one or more means of distance communication in contract negotiations up to and including the time at which the contract is concluded (e.g. by placing the order through the online store of the Supplier or using telephone, email or fax), the Customer is generally entitled to withdraw from the contract.
The withdrawal period in the case of delivery of devices shall be 14 days from the date on which the Customer or a named third party, other than the carrier, have taken possession of the goods. If the order includes several devices, which will be delivered separately, the withdrawal period shall be fourteen days from the date on which the Customer or a third party nominated by the Customer, other than the carrier, have taken possession of the last device.
The Supplier shall only bear the cost of returning the goods if the Customer uses the return label provided by the Supplier. The return costs will not be refunded for any other type of return. The Supplier shall not be under any obligation to provide a return label.
This allows the Customer to withdraw from the contract even after the end of the 14-day withdrawal period (see Section 7) by notifying the Supplier of his intent to return the goods within 30 days of receipt of the devices (the period starts on the day of delivery). If the installation was ordered by a professional installation company (cf. Section 10), the period begins on the date of the installation.
If a 30-day money-back guarantee has been agreed upon, the Customer may withdraw from the contract even after the end of the 14-day withdrawal period (see Section 7) by notifying the Supplier of his intent to return the goods under this discretionary return policy within 30 days of receipt of the devices (the period starts on the day of delivery).
There is no entitlement to reimbursement of shipping or return shipping costs under this discretionary return and refund policy.
The statutory right of withdrawal (see Section 7) is not affected by compliance with conditions laid down in this Section 7 and remains independent of this. The statutory terms and conditions for the right of withdrawal shall apply exclusively until the end of the withdrawal period.
The (discretionary) return policy shall be without prejudice to any statutory warranty rights, which apply without limitation.
9. Installation & technical requirements
In order to use the full range of functions offered by the applications of the Supplier, a working, always-on internet connection must be available at the place of installation. In order to use all the features of the mobile applications, a mobile data connection is required. The availability and functioning of the internet connection shall be the sole responsibility of the Customer.
Before the smart modular devices can be installed, a compatibility check with the locking system of the Customer shall be performed using the website of the Supplier to ensure they have a Kubu Ready Door or Window.
Where the compatibility check shows that the door or window is not compatible, the Supplier shall inform the Customer immediately. The Customer will then be required to make the necessary declarations to withdraw from the contract within the specified withdrawal period or the 30-day discretionary return period and return the devices in full and without any traces of use to the Supplier.
10. Data protection
The personal data supplied by the Customer, order data and operating data provided by the terminal devices shall be stored electronically by the Supplier.
The measures deployed by the Supplier for the protection of data against unauthorised access shall be based on the latest technology standards available. At the same time, it should be noted that even if the most advanced measures are used, it cannot be completely ruled out that third parties may attempt to gain unauthorised access to this data.
The Supplier shall only be liable for damage other than injury to life, body or health to the extent that they are the result of intent or gross negligence or culpable breach of material contractual obligations, i.e. obligations, which are essential for the proper performance of the contract and the fulfilment of which the client may routinely rely upon, by the Supplier.
Any further liability for damages shall be excluded.
In the event of a breach of material contractual obligations, the liability of the Supplier shall be limited to contractually foreseeable damage.
The Supplier shall not be liable for damage to devices of third parties connected to the terminals of the Supplier or damage to the terminal devices of the Supplier, as well as devices that are not fit for use.
The data provided in the app should not be relied upon as the sole means for the customer to ensure their home is secure. The product is used to identify the status of the lock when the key is turned.
The Supplier shall not be liable for damage caused by improper installation, use, treatment, operation or storage.
The Supplier reserves the right to interrupt access to the software and the unrestricted use of the applications of the Supplier to the extent this is necessary for compelling reasons, e.g. due to necessary maintenance of servers, programs or the necessary infrastructure, unauthorised data or computer access, or in order to eliminate unforeseen vulnerabilities. In these cases, a stand-alone intelligent control of the devices shall be enabled as far as possible. These temporary restrictions shall not give rise to any liability or warranty claims by the Customer.
This limited warranty covers any defects in material or workmanship under normal use during the Warranty Period of one year. During the Warranty Period, the supplier will repair or replace, at no charge, products or parts of a product that proves defective because of improper material or workmanship, under normal use and maintenance.
The Warranty Period for physical Goods purchased from Kubu Smart Ltd is 365 days from date of purchase.
A replacement of Physical Goods or part assumes the remaining warranty of the original Physical Good or 365 days from the date of replacement or repair, whichever is longer.
This Limited Warranty does not cover any problem that is caused by:
- Conditions, malfunctions or damage not resulting from defects in material or workmanship.
- Misuse, abuse or negligence or casualty (e.g fire) and batteries are not covered by this warranty.
- Unauthorised service or modification of the product or any furnished component will void this warranty.
- Third party products that are not compatible with the product purchased.
To obtain warranty service, you must first contact us to determine the problem and the most appropriate solution for you. Kubu Smart Ltd reserves the right to request any product claimed defective to be returned to Kubu Smart Ltd.
13. Final provisions
Should any provision of these General Terms and Conditions be invalid, the validity of the other provisions shall remain unaffected.
The Supplier shall be entitled to change these General Terms and Conditions. The Supplier shall notify the Customer accordingly about any changes to the provisions of the contract and provide the Customer with the content of the amended provisions. The amendment shall become an integral part of the contract, if the Customer does not object to the inclusion of the amended provisions within six weeks of receipt of notification of change either in writing or electronic form.
Right of withdrawal
You have the right to withdraw from this contract for purchase within a period of fourteen days, without giving a reason.
The withdrawal period shall be fourteen days from the date on which you have taken possession of the devices.
To exercise your right of withdrawal, you must contact us (Kubu Smart Ltd of 4th Floor, Towers Business Park, Wheelhouse Road, Rugeley, WS151UZ, Telephone: +44 330 555 95 45, or using the email email@example.com ) a withdrawal notice (e.g. by post, fax or email) which clearly expresses your intention to withdraw from the contract.
If you exercise your right, we will provide immediate confirmation of receipt of your notice of withdrawal (for example, by email). The time limit for withdrawal shall be deemed to have been observed if the withdrawal notice was sent before the end of the withdrawal period.
Effects of Withdrawal
If you withdraw from this contract, we will refund any payments we have received from you, without delay and at the latest within 14 days from the date on which the notification regarding your withdrawal from this contract has been received by us. Unless expressly agreed otherwise, we shall use the same method of payment to reimburse you as you used for the original transaction; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the devices back from you, or you have supplied evidence of having sent back the goods, whichever comes earlier.
You shall be obliged to return the goods to us swiftly and within fourteen days from the date on which you have notified us of your timely posting of the goods before the end of the fourteen-day period shall be sufficient
for the purpose of observing the time limit. We shall bear the costs of returning the goods provided that you use the return label we have provided. If you do not use the return label to return the goods, you must bear the costs of returning the goods by yourself.