Terms and Conditions for the Supply of Goods and Services

 

These terms apply to any agreement between Appello (“we”, “our”, “us”) and you for the sale or supply of goods and/or services and is split into the following sections:

– Section 1 (HIRE GOODS) which only apply if you are hiring goods (together with a Monitoring Service) from us;

 

– Section 2 (PURCHASED GOODS) which only apply if you are purchasing goods and/or we are supplying a Monitoring Service to you but not if you are hiring goods; and

 

– Section 3 (GENERAL TERMS) which contains some general legal terms that apply to the hiring and purchasing of goods and to the supply of a Monitoring Service.

Your attention is drawn to our exclusion of liability and the way we use your personal data as set out in clauses 49-53 and 56 to 61.

 

SECTION 1: TERMS FOR HIRE GOODS ONLY 

 

Terms defined in the Hire Agreement overleaf (or, if applicable, any terms used on our website) will have the same meaning in this section 1 of these Terms.

 

Making the Hire Agreement and the Hire Period

1. These Terms will become binding on you and us on the date we accept the Hire Agreement by signing it (“Commencement Date”). We will issue you with written confirmation that we have accepted your order and assign you an order number (“Order Confirmation”).

2. The start of the hire period will be the date after which the Hire Goods are delivered to you and the end of the hire period will be date the Hire Agreement is cancelled in accordance with these Terms (“Hire Period”).

3. The Hire Fee (which includes the cost of the related Monitoring Service) will be as set out in the Order Confirmation.

4. The hiring of the Hire Goods will continue automatically on expiry of the Minimum Hire Period until the Hire Agreement is cancelled in accordance with these Terms.

5. While you perform your obligations under the Hire Agreement, you may keep quiet enjoyment and possession of the Hire Goods, but the Hire Goods remain our property at all times.

6. If any of these Terms (including the terms of the Hire Agreement) conflict with the Order Confirmation, the Order Confirmation will take priority.

 

Payment

7. If you have agreed to pay the Hire Fee monthly, we will invoice you monthly in advance for the Monthly Hire Payment. If you have agreed to pay the Hire Fee annually, you will be invoiced in full on the Commencement Date (or thereabouts) and on subsequent anniversaries of the Commencement Date until the agreement is cancelled in accordance with these Terms.

8. You must pay invoices in cleared funds within 30 calendar days of the date of the invoice by direct debit or cheque.

 

Looking after the Hire Goods and Use

9. You will be responsible for the Hire Goods from the date of delivery.

10. You must not make any alterations to the Hire Goods.

11. Subject to the warranty in clause 42:

– you will bear the entire risk of loss, damage or theft of the Hire Goods;

– you will be responsible for, and pay us the costs of, rectifying loss or damage to the Hire Goods whilst in your possession and must notify us immediately of any such loss or damage and we may inspect the Hire Goods with reasonable notice;

– you will have to keep making payments throughout the Hire Period even if the Hire Goods are lost, stolen or damaged; and

– we may substitute other goods or a similar type or condition in lieu of repairing the Hire Goods without relieving you from the responsibility for the cost of repair.

 

12. You will at your own expense maintain the Hire Goods in good repair and wording condition and preserve any identification marks and nameplates that we have put on them.

13. You will observe all manufacturer’s instructions and recommendations for the proper use of the Hire Goods.

14. You must not hire out, transfer or otherwise dispose of the Hire Goods (or any part of them).

 

Return of Hire Goods

15. At the expiry of the Hire Period, you must return the Hire Goods to us at your own expense.

 

Cancellation of the Hire Agreement

16. Subject to the 14 day cooling-off period (detailed at clause 37) you will not be able to cancel the Hire Agreement until after the Minimum Hire Period.

17. At the end of the Minimum Hire Period, either of us may cancel the Hire Agreement by providing the other with at least 30 days prior written notice at any time in which case we will refund to you any payments made in advance for any unused period following the cancellation date.

18. If you breach any terms of the Hire Agreement and fail to remedy the breach within 30 working days, we may cancel the Hire Agreement and require the immediate return of the Hire Goods. You will still be liable for payments due under the Hire Agreement.

 

SECTION 2: TERMS FOR PURCHASED GOODS AND/OR A MONITORING SERVICE ONLY

 

Making the Purchase Agreement

19. We will supply the goods that we are selling to you (“Purchased Goods”) or a Monitoring Service or both the Purchased Goods and Monitoring Service as set out in your order form or as agreed between us by telephone or through our website (“Order”), in accordance with these Terms.

20. These Terms will become binding on you and us on the date we issue you with a written acceptance of your Order or when we contact you to confirm that we are able to provide you with the Purchased Goods or Monitoring Service (“Order Confirmation”). We may assign you an order number when we confirm your Order.

21. If any of these Terms conflict with any term of the Order Confirmation, the Order Confirmation will take priority.

22. You agree not to use the Purchased Goods or Monitoring Service for any commercial purpose nor resell them.

 

Payment for Purchased Goods

23. The price of the Purchase Goods will be as set out in the Order Confirmation.

24. Payment for all Purchased Goods must be made in advance by credit or debit card or cheque.

 

Payment for Monitoring Service

25. If you purchase a Monitoring Service with your Purchased Goods, the amount due and the frequency of your payments will be as set out in the Order Confirmation and any subsequent renewal notice.

26. The minimum term of your subscription to the Monitoring Service (“Minimum Term”) will be as stated on your Order Confirmation (subject to cancellation in accordance with clause 29) and will automatically continue at the end of the Minimum Term until terminated by either party on one month’s written notice.

27. If you have agreed to pay the subscription for a Monitoring Service in instalments, we will issue you with a Direct Debit Schedule which will provided a detailed breakdown of payments. If you have agreed to pay the subscription fee annually or bi annually, you will be invoiced in full on the Commencement Date (or thereabouts) and on subsequent anniversaries of the Commencement Date until our agreement is cancelled in accordance with these Terms.

28. You must pay each invoice in cleared funds within 30 calendar days of the date of the invoice by direct debit or cheque.

 

Cancellation of Monitoring Service

29. At the end of the Minimum Term, either of us may cancel the agreement for a Monitoring Service by providing the other with at least 30 days prior written notice in which case we will refund to you any payments made in advance for any unused period following the cancellation.

 

SECTION 3: GENERAL TERMS FOR PURCHASE AND HIRE GOODS AND MONITORING SERVICE 

 

30. A Monitoring Service is a monitoring service that we provide to you as set out in your Order Confirmation, which may include;

30.1.1 an emergency alarm monitoring service which, subject to these Terms, during the term of this agreement provides that when you require assistance or reassurance you can activate the personal alarm and one of our operators will call you through the loud speaker The operators will be able to take necessary action to help you by calling your designated emergency contacts or the emergency services or simply by staying in contact with you until you feel safe; or

30.1.2 an activity monitoring service which, subject to these Terms, during the term of agreement provides that certain sensor data will be monitored in the user’s home and the provision of notifications regarding sensor activity transmitted by email, mobile application and/or via a secure web portal to those people specified by you to receive such notifications or web portal access; or

30.1.3  any other service agreed to be provided by us to you in the Purchase Order (each a “Monitoring Service” for the purpose of this Agreement)

– We reserve the right to increase our prices for a Monitoring Service from time to time. We will aim to provide not less than 30 days’ notice to you of any price increase.

– When you order a Monitoring Service, you hereby explicitly consent to start the service during the cooling-off period and, as such, the Monitoring Service will start the day after the date we dispatch Hire Goods or the Purchased Goods (“Goods”) (as appropriate) to you

(“Commencement Date”). This does not affect your rights to cancel during the cooling off period (see clause 37 below), although we do reserve the right to charge you for the supply of the services for the period which it is supplied.

 

Installation

33.  If we have agreed to install the Goods, installation will be scheduled once the relevant Goods have been delivered to you. One of our sub-contractors will contact you to arrange a convenient installation date. If we cannot carry out the installation on the agreed date because the minimum installation requirements have not been met, we reserve the right to charge you a reasonable sum for any wasted journey time of our sub-contractor and the rescheduling of the Installation. Delivery

34. All Goods are subject to availability, and we will inform you as soon as possible if the Goods you have ordered are not available. Timescales for delivery and delivery charges will vary depending on the availability of the Goods and any dates we quote in the Order Confirmation or otherwise are approximate.

35. Notwithstanding clause 33, we aim to dispatch goods within 5 working days of issuing your Order Confirmation. Occasionally our delivery may be affected by an event outside our control including without limitation strikes, lock-outs, civil commotion, riot, invasion, terrorist attack, flood, storm or other natural disaster or failure of the telecommunications network (“Event Outside our Control”). If this happens our obligations will be suspended, and we will contact you with a new delivery date.

36. Delivery will be completed when we deliver the Goods to the address you gave us.

 

Cooling-off Period and cancellation for cause

37. You may cancel your order at any time in writing to us or by sending us a completed Model Cancellation Form that can be found on our website at appello.co.uk or we can send to you on request) up to the end of the 14th business day from the date of delivery of the Goods.

38. If you cancel an order after delivery of the relevant Goods, you must send the Goods back to us at your own cost and expense. We estimate this cost to be approximately £10 or less. You must take reasonable care of the Goods. You remain liable for the Goods, including for their accidental loss or destruction, until delivery of the Goods back to us.

39. We shall reimburse any sums paid by you for the Goods We will make the reimbursement without undue delay, and not later than

– 14 days after the day we receive back from you the Goods, or

– (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

40. We reserve the right to refuse a refund or may give you only a partial refund of the amount you have paid if you alter the Goods, return them incomplete or you fail to return them more than 14 days after the date we received your cancellation notice. You must also pay us for the Services if they are used during the cancellation period – such costs will be calculated on a pro rata basis to the total cost of the contract.

41. We reserve the right to cancel this agreement at any time if (i) you fail to pay us any sums that are due for payment in accordance with these Terms and if you fail to pay this debt within 30 days of receiving written notice from us detailing the amount and requesting payment of the overdue amount; or (ii) if we have reasonable concern that you may not be able to pay any sums that are due or you commit any act of bankruptcy or similar.

 

Warranty for Faulty Goods or Service

42. We warrant that on delivery of the Goods to you and for the length of period specified by the manufacturer in their warranty (which will be detailed on your Order Confirmation) (“Warranty Period”) of (or for Hire Goods the earlier of the Warranty Period or the end of the Hire Period) the Goods will conform in all material respects with the manufacturer’s specification; be of satisfactory quality; be fit for the purpose we say the Goods are fit for and be free from material defects in design, material and workmanship.

43. We warrant that we will provide the Monitoring Service with reasonable care and skill and that it will conform in all material respects with its description.

44. In the unlikely event that there is any defect with the Monitoring Service or Goods that is a breach of the warranties in clause 42 or 43:

i. please contact Us and tell Us as soon as reasonably possible;

ii. please give Us a reasonable opportunity to repair or fix any defect; and

iii. we will use every effort to repair or fix the defect as soon as reasonably practicable.

45. If we cannot repair the defect or it is uneconomical to do so, we (at our option) may decide to cancel the agreement and provide you with a full or partial refund or replace the faulty goods. These Terms will apply to repaired or replacement Goods.

46. The warranty in clause 41 does not apply to any damage caused to the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party or use of the Goods by you in a way that is not recommended in the user guide or manufacturer’s instructions.

47. As a consumer, you have legal rights in relation to (i) services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described; and (ii) goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

48. Any samples, drawings or advertising we issue, or illustrations in our catalogues or brochures or on our website relating to the Goods, are of a general informative nature only. They are produced solely to provide you with an approximate idea of the Goods and the Monitoring Service they describe.

 

Limitation of Liability

49. Nothing in these Terms is intended to exclude our liability where consumer protection legislation or contract law prevents us from doing so, including:

i. for death or personal injury caused by our negligence; or

ii. for breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982;

iii. for defective products under the Consumer Protection Act 1987; or iv.   for fraud or fraudulent misrepresentation

50. We will be liable to you for the reasonable and foreseeable losses you may suffer or incur as a result of our breach of these Terms. Except in unusual or exceptional circumstances, these losses will be limited to a sum equal to the aggregate of all payments payable during either the Minimum Hire Period or the Minimum Term (as appropriate).

51. The Service is subject to the availability of the telephone network and telecommunications service (Connectivity). Connectivity is not fault-free and can be impaired by a range of different geographic, atmospheric, severe weather, lack of mains power and other conditions and circumstances. We don’t provide any warranty that the operation of the Service will be uninterrupted or error-free. You acknowledge that you use the Service at your own risk and we will not be liable for any impact on the Services by Connectivity issues.

52. We shall not be liable for losses and expenses that you or a third party may suffer or incur that result from our breach of contract (including our failure to comply with these Terms), statute, common law, torts, misrepresentation or custom which fall into the following categories: loss of: income, revenue, profit, business, anticipated savings or data.

53. It is always possible that due to human error, the Goods or Monitoring Service may be incorrectly priced. If the correct price is less than our stated price, we will charge you the correct lower amount when dispatching the Goods to you. If the correct price is higher than the price stated, we will ask if you wish to proceed with the order at the correct price. If the pricing error is obvious or can be reasonably recognised, we are not obliged to sell at the incorrect price.

54. We will not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations under any agreement that is caused by an Event Outside our Control (as defined in clause 35).

 

Interest and VAT

55. You will pay interest to us on money that is not paid on any due Payment Date from the due date for payment until the actual date of payment at a rate of 2% above the base rate of the Bank of England.

56. Our prices are exclusive of VAT. If VAT is applicable, VAT will be charged at the applicable rate and added to the price.

 

Personal Details and Data Protection

57. We only use your personal information in accordance with our Privacy Policy which is set out at appello.co.uk/privacypolicy. Please take the time to read it as it is important.

58. If you purchase the Goods and/or Monitoring Service for use by another person, you hereby confirm that you have their express consent to the processing of their personal data in the manner expressed below and in our Privacy Policy.

59. We will need certain information from you in order to provide the Monitoring Service, for example, your full name, address and certain medical history or, for certain services, we may require you to maintain an online account for this purpose (you will be notified of this before or at the time you place your Order). We will not be liable for any delay or non-performance where you have not provided this information in the manner required or have provided inaccurate information to us after we have asked. We will use reasonable care to keep your personal information confidential and secure. You promise that the information that you give us is true and, if it changes, you will tell us promptly.

60. By agreeing to these Terms, you explicitly consent to the collection, processing, transmission and disclosure of your personal data (including health, medical and Location Data (defined below)) for the purpose of providing the Monitoring Service (where appropriate), for processing your payment, to inform you about similar products that we or our group companies provide. You can stop receiving information about other products at any time by contacting us at sales@appello.co.uk or using any of the contact information below.

61. When the Monitoring Service is being used, we may collect and process information that shows your geographical location and movements (“Location Data“). Location Data is linked to your personal information. We will only process your Location Data in connection with the Monitoring Service.

62. You explicitly consent to us sharing your personal information (including your Location Data) within our group of companies and with third parties which are involved in providing, receiving or facilitating the Monitoring Service, including but not limited to our emergency response operators, the emergency services and any carers, health professionals, your family members or other persons who you have given the necessary authority and permission to access, receive and process your data on your behalf (“Third Parties“). We will do this in order to identify and monitor your location and movements in accordance with the functionality of the Monitoring Service and for the purposes of providing the Monitoring Service between us and the Third Parties.

 

Complaints and How to Contact Us

63. If you have any complaints about our Goods or Monitoring Service please contact us at Oregon House, 19 Queensway, New Milton, BH25 5NN or monitoring@appello.co.uk. We do have a Complaints Handling Procedure which will be provided to you on request,

64. Notices under these Terms will be in writing or email and sent to the persons and addresses set out in the Hire Agreement or Order. They may be given, and will be deemed received (i) by first-class post: two Business Days after posting (ii) by hand: on delivery; (iii) by facsimile: on receipt of a successful transmission report from the correct number, and (vi) by email: on receipt of a delivery or read receipt mail from the correct address.

 

Supervisory Authority

65. The Financial Conduct Authority of 25, The North Colonnade, Canary Wharf, London, E14 5H3 is the supervisory authority for consumer credit.

 

General

66. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

67. You may not assign your rights under these Terms. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under them.

68. These Terms (together with documents expressly referred to in it) set out the whole agreement between us for the supply of the Goods and/or a Monitoring Service to you.

69. No delay, act or omission by either you or us in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

70. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

71. These Terms shall be governed by English law and is subject to the exclusive jurisdiction of the English courts.

 

 

Appello Carline Limited, a company incorporated in England and Wales with company number 03229746

Registered office: Oregon House, 19 Queensway, New Milton, Hampshire BH25 5NN

Authorised and regulated by the FCA Authority for consumer credit.

1. July 2023