Our Terms and Conditions

These Terms
1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
2. Why you should read them. Please read these terms carefully before you complete the setup of your Cocoon Product. 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 to discuss.

Information about us and how to contact us
1. Who we are. We are Cocoon Labs Limited a company registered in England and Wales. Our company registration number is 09045251 and our registered office is at 46 The Calls, Leeds, LS2 7EY, United Kingdom.
2. How to contact us. You can contact us by writing to us at [email protected] or 46 The Calls, Leeds, LS2 7EY, United Kingdom.
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 when you setup your Cocoon or by telephone if you provided us with your number.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

Our contract with you
1. How we accept orders. Acceptance of your order took place when you bought a Cocoon direct from us or from another supplier’s website or from a retail outlet, at which point a contract came into existence between you and us or you and the other supplier or you and the retail outlet. Where you bought your Cocoon from another supplier, you should address any complaint with the Cocoon itself with that supplier, subject to your rights under Consumer Protection Legislation.

Our products
1. Products may vary slightly from their pictures. The images of the products on our website and in any of our marketing campaigns 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. Your product may vary slightly from those images.
2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website or in any of our marketing campaigns.
3. Our rights to make changes. We may change the product:
  (a) to reflect changes in relevant laws and regulatory requirements; and
  (b) to implement minor technical adjustments and improvements, for example to address a security threat.
  
  These changes will not affect your use of the product.
4. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. Such updates may be required to maintain the connection between your device and our server which is necessary to the proper operation of your device.

Providing digital content
1. Delivery costs. We will not charge you for delivery of the App.
2. When we will provide the digital content.
  We will supply the digital content to you (either as part of the device (where it is supplied by us) or by way of our App) from the date on which you download our App (following the instructions we give to you) until:
  
  (a) you end the contract as described in clause 6; or
  (b) we end the contract by written notice to you as described in clause 7; or
  (c) the date on which we stop supplying updates under clause 4.4.
3. 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 any products you have paid for but not received.
4. When you own products. You own a product once we (or the supplier of your Cocoon) have received payment in full. You do not own digital content but are given a non-exclusive licence to use it for the purposes specified on our website.

Your rights to end the contract
1. You can always 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 what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back);
  (b) If you want to end the contract because of something we have done or have told you we are going to do;
  (c) If you have just changed your mind about the product you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
  (d) In all other cases (if we are not at fault and there is no right to change your mind) see clause 7.2.
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) and (b) 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. This is limited to the purchase price of the products, the reasons are:
  (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 4.4); or
  (b) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see our website terms: supply of goods, services and digital content).
3. Exercising your right to change your mind (Consumer Contracts Regulations 2013 (UK)). For most products bought online in the UK you have a legal right to change your mind within 14 days and receive a refund. These rights do not apply in relation to our App or to goods bought from a retail outlet or to goods bought outside the UK.
4. When we will pay the costs of return. In relation to goods supplied by us, we will pay the costs of return (the reasonable costs of return if you are outside the UK):
  (a) if the goods are faulty or misdescribed;
  (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
5. How we will refund you. In relation to goods supplied by us, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
7. 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:
  (a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
  (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

Our rights to end the contract
1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you:
  (a) use our hardware our digital content (or any part of it) for any purpose other than those specified on our website; or
  (b) use our digital content (or any part of it) on any device or computer which you do not own;
  (c) remove or alter any trademark, logo, copyright or other proprietary notices from our digital content or products;
  (d) modify, reverse compile or reverse engineer or otherwise use our products or digital content in any way which is incompatible with our ownership rights without obtaining our written consent in advance.
2. You must compensate us if you break the contract. If we end the contract in the accordance with clause 7.1 we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

If there is a problem with the product
1. How to tell us about problems. If you have any questions or complaints about the product, please contact us (or your supplier). You can write to us at [email protected]. Alternatively, where your Cocoon was bought from another retailer, please contact that retailer directly.
2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products bought in the UK you must either return them in person to where you bought them or, where we supplied them, post them back to us or your on-line supplier. If the Cocoon was bought from our website for use in the UK, please email us at [email protected] for a return label or to arrange collection.
4. Additional Rights. In addition to your applicable statutory rights, including under Consumer Protection Legislation, your Cocoon product is guaranteed against defects in materials and workmanship for one year from the date of purchase. If such a defect arises and you return the product in accordance with these terms, your supplier will at its option, either (i) repair the product using new or refurbished parts (ii) replace the product with a new or refurbished product, or (iii) refund the purchase price of the product. In the event a replacement product is no longer available, your supplier will, at its discretion, replace your product with a product of similar function. This is your sole remedy under this warranty. A replacement or repaired product will be guaranteed under this paragraph for the longer of the remaining guarantee period of the original product or 90 days from the date of replacement or repair.
5. Subject to the rest of these Terms. Cocoon does not guarantee, represent, or warrant that your use of any Cocoon services will be uninterrupted or error-free, and you expressly agree that your use of, or inability to use, any Cocoon services is at your sole risk.

Price and payment
1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order or by the retail outlet where you bought it. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the product you order.
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.
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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

Our responsibility for loss or damage suffered by you
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. Subject to the rest of this clause 10 Cocoon, its directors, officers, employees, affiliates, agents, contractors, or licensors will not be liable under any circumstances for any indirect, incidental, punitive, special, or consequential loss or damages arising from your use of any of the Cocoon services or for any other claim related in any way to your use of the Cocoon services and/or content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the services, even if advised of their possibility.
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 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
3. If defective digital content which we have supplied damages a device or digital content 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.
4. We are not liable for business losses. We only supply the products 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, business interruption, or loss of business opportunity.
5. Purchase in trade in New Zealand. If you acquire the products in New Zealand in trade you agree that the Consumer Guarantees Act 1993 (NZ) does not apply to the supply of the products and that it is fair and reasonable that such Act does not apply.
6. Our products are not an alternative to insurance. Our products are not an alternative to insurance or proper security precautions. Our products can be disabled. They are dependent on the provision of services over which we have no control including mobile networks and cloud services. You are responsible for taking all necessary decisions in relation to insurance and security (including, without limitation, locking your home) making use of the information provided to you via our App.
7. You must use the product in accordance with the following instructions. Our products will only operate correctly if they are only used indoors and between 0°C and 35°C. Do not install the product near a radiator or heat source. You should not cover the product. Keep cables out of reach of children and infants. Do not disassemble the product. There are no user serviceable parts inside.
8. To the maximum extent permitted by applicable law we exclude all conditions, warranties and guarantees implied by statute or otherwise in relation to this contract or the product (including without limitation any warranty under the Contract and Commercial Law Act 2017 (NZ)).

How we may use your personal information
1. How we will use your personal information. We will use the personal information you provide to us:
  (a) to supply the products to you;
  (b) to process your payment for the products;
  (c) to send you emails related to your ongoing service;
  (d) if you agreed to this during the order process, to give you information about similar products that we provide; and
  (e) if you agreed to this during the setup of your Cocoon, to give you information about similar products that we provide.
  
  but, in the case of (d) or (e) you may stop receiving this at any time by contacting us. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you.
  
  In all other cases, we will only give your personal information to other third parties where the law either requires or allows us to do so.

Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we consider a transfer to put our ownership rights of the Cocoon product at risk.
3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
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.
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.
6. Feedback. All suggestions or feedback provided by you to us shall be our property. We may use, copy, modify, publish, or redistribute any submission made by you for any purpose and in any way without any compensation to you. You acknowledge that the contents of your submission may have been previously known to us or obtained from other sources.
7. Which language applies to this contract. This contract is made in English and if it is translated and two or more versions have different meanings then the English language version will apply.
8. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If the English courts make an order then we can bring legal proceedings in any courts to enforce that order. If you live outside the UK you must bring legal proceedings in respect of the products in the English courts.
9. Definitions. In this contract, unless the context otherwise requires:
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Our Terms and Conditions

These Terms

Information about us and how to contact us

Our contract with you

Our products

Providing digital content

Your rights to end the contract

Our rights to end the contract

If there is a problem with the product

Summary of your key legal rights if you buy in the UK

Price and payment

Our responsibility for loss or damage suffered by you

How we may use your personal information

Other important terms