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Response Electronics

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Terms of Service Y-cam

Introduction

1.1 Y-cam Solutions Limited, is now wholly owned by ERA Home Security Limited. Registered office 29 Queen Anne’s Gate, London, SW1H 9BU. Registered in England and Wales 02838541. We previously operated the website www.y-cam.com. ERA also operate online under the brand name Response @ ERA.  

1.2 To contact us, please see our Contact us page.

1.3 Please note the below policy applies to products purchased on y-cam.com. Response @ ERA's terms can be found here

 

Y-cam Products 


Hardware

2.1 The images of hardware on our websites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the hardware. Your hardware may vary slightly from those images.

2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, dimensions and measurements indicated on our site have a 2% tolerance.

2.3 The packaging of the hardware may vary from that shown on images on our site.

2.4 All hardware shown on our site is subject to availability. We will inform you by email as soon as possible if the hardware you have ordered is not available



Our Platform 

2.5 We offer certain cloud-based services through our site. These may be purchased with hardware or on a stand-alone basis.

2.6 When you purchase a Y-cam camera, it may be a streaming only or a recording product.

2.7 Certain Y-cam cameras record on motion trigger only and are not designed to continuously stream or record. The live stream function does time out after 15 minutes, to continue viewing live you need to refresh the feed.

2.8 Certain Y-cam cloud cameras offer 7 days rolling cloud storage on a free of charge basis for a defined period from the date of activation. When you purchase such a camera, at the end of the defined period you will need to buy an ongoing subscription to continue to use our cloud storage platform.

2.9 Where you already own a Y-cam camera with 7 day rolling cloud storage on a free of charge basis, such free storage will come to an end on the latter of 1 year from the date of activation OR 14 December 2017.

2.10 If you do not purchase a subscription package at the end of the defined free storage period then your camera will become a streaming only camera. To purchase an ongoing subscription to our cloud storage service you will need to place an order in accordance with clause 6 of these Terms. [We will email you not less than [14] days in advance of the end of your free storage period to remind you that you need to enter into a new paid subscription package.]

2.11 We, with our partners, comply with all applicable data and privacy acts in both the EU and the USA in regard to the security and storage of your video images and data.

 

Use of our site 

3.1 Your use of our site is governed by our Terms of Website Use. Please take time to read these, as they include important terms which apply to you.

 

How we use your personal information 

4.1 We only use your personal information in accordance with our Privacy Policy. Please take time to read this, as it includes important information which applies to you.

 

If you are a consumer

The following clause 5 only applies if you are a consumer.

5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from the Citizens Advice Consumer Service on 03454 04 05 06 or at citizensadvice.org.uk/consumer

 

How the contract is formed between you and us 

6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described in clause 6.3 below. This is on the understanding that the contact information and other information you have provided is correct. If your acknowledgement email is not in your inbox please check your junk or spam folder, if still not available then please do contact us.

6.3 We will confirm our acceptance to you by sending you an email that confirms that the Products have been despatched. The Contract between us will only be formed when we send you the Despatch Confirmation.

6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our site as referred to in clause 10.5 below, we will inform you of this by email. If you have already paid for the Products and change your mind, we will refund you the full amount as soon as possible.

6.5 If you place an order of the phone, we will email these terms to you and ask for acceptance by return. If acceptance is not received within 24 hours you order will be cancelled and any money will be refunded.

 

Your consumer right of return and refund 

This clause 7 only applies if you are a consumer.

7.1 If you are a consumer, you have the right to cancel a Contract for the period set out in clause 7.2 below. This means that during that period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from the Citizens Advice Consumer Service on 03454 04 05 06 or at citizensadvice.org.uk/consumer

7.2 Your right to cancel a Contract starts from the date of the despatch confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 30 days in which you may cancel, starting from the day you receive the Products.

7.3 To return a product please contact us. 

7.4 If you exercise your right to cancel, you will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible. The cost for returning the products is your responsibility as well as any shipping insurance.

If you are a consumer, you have legal rights, which include rights

a) If you have changed your mind

Customers purchasing direct from Y-cam are given a “cooling off period” in which to return the product for a “no questions asked” refund, as long the item is returned within 30 days of delivery, is intact and is in a resell-able condition. You have a legal obligation to take reasonable care of the goods while they are in your possession and we ask our customers to please return items in the original box with all accessories so we can easily resell the item. If you are returning part of a bundle, refunds will be calculated on individual item RRP and not the discounted bundle price. The 30 day period does not include postage/delivery time, but please get proof of postage.

b) if the product or service does not conform

Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly. This right is limited to 30 days from the date you take ownership of your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault

7.5 If your returned items are not received by Y-cam then you will need to take this up with your chosen shipping company, Y-cam Solutions Ltd are not liable for any losses incurred or to process the refund

7.6 Details of your right to cancel and an explanation of how to exercise it are provided here

7.7 As a consumer, you will always have legal rights regarding cancellation in relation to Products that are faulty or not as described. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from the Citizens Advice Consumer Service on 03454 04 05 06 or at citizensadvice.org.uk/consumer.

 

Delivery

Please see seperate delivery information here

 

Delivery Costs

Where applicable you will be advised through the ordering process. 

 

Price

10.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time of publication. However, if you discover an error in the prices of the Products you ordered, please see clause 10.5 below for what happens in this event.

10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.4 The price of a Product does not include any applicable delivery charges.

10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

 

Payment and Pre-Order

11.1 Payment details can be found here.

 

Our liability if you are a business 

This clause 12 only applies if you are a business customer.

12.1 We only supply the Products for use by your business, and you agree not to use the Product for any resale purposes. If you are planning to resell our products please do contact us and enquire 

12.2 We do not limit in any way our liability for:

a. death or personal injury caused by our negligence;

b. defective products under of the Consumer Protection Act 1987;

c. fraud or fraudulent misrepresentation; or

d. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

12.3 Subject to clause 12.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract for:

a. any loss of profits, sales, business or revenue;

b. loss or corruption of data, information or software;

c. loss of business opportunity;

d. loss of anticipated savings;

e. loss of goodwill; or

f. any indirect or unreasonable consequential loss.

12.4 Subject to clauses 12.2 and 12.3, our total liability to you in respect of other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.

12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

Our liability if you are a consumer 

This clause 13 only applies if you are a consumer.

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

13.2 We only supply the Products for domestic or private use. You agree not to use the Product for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3 We do not in any way exclude or limit our liability for:

a. death or personal injury caused by our negligence;

b. fraud or fraudulent misrepresentation;

c. any breach of the terms implied by section 17 of the Consumer Rights Act 2016 (title and quiet possession);

d. any breach of the terms implied by section 9 to 14 of the Consumer Rights Act 2016 (description, satisfactory quality, fitness for purpose and samples); and

e. defective products under the Consumer Protection Act 1987.

 

Events outside of our control 

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes (3rd Party companies), lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

a. we will contact you as soon as reasonably possible to notify you; and

b. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

Communications between us 

15.1 When we refer in these Terms to “in writing”, this will include email.

15.2 If you are a consumer:

a. and wish to cancel a Contract in accordance with your legal rights please contact us. You may wish to keep a copy of your cancellation notification for your own records.

b. if you wish to contact us in writing for any other reason, you can send this to us by email or by pre-paid post to ERA Home Security Ltd, Valiant Way, Wolverhampton WV9 5GB. You also contact us using our Customer Services telephone line.

15.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

15.4 If you are a business:

a. any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.

b. a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.

c. in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

d. the provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

Other important terms

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

16.2 You must not transfer this Agreement, as it is personal to you, without written authority from Y-cam Solutions Ltd. This authority will not be refused without good reason.

16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, this does not prevent residents of Northern Ireland, Scotland or Europe from starting proceedings in their own local courts.

16.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

 

Warranty

Y-cam Solutions offer a 1 (one) year limited warranty on all our products.

If something is wrong with the Y-cam product you purchased or you are experiencing difficulty in operating it, please contact us and let us help you. We always work hard to solve any problem you might have with one of our products.

If we are still unable to resolve your issue, and a warranty replacement is deemed necessary, our Support Team will provide instructions for sending back your unit for replacement.

All returns must include a Return Merchandise Authorisation (RMA) number, which you can request by contacting our Support Team. Y-cam reserves the right to send you a replacement product that is the same or of a similar style, or a substitute equivalent that may not be of like kind (depending on availability). Replacement products will be furnished only on an exchange basis. Replacement products are warranted as above for the remainder of the original applicable product warranty period, dated from the original date of purchase, or by a determined amount set at the time of the replacement.

To obtain warranty service, please contact the Support Team below for specific instructions.
Dated, documented proof of the original purchase is required.

 

Legal Version – One Year Limited Warranty Statement

Y-cam Solutions Ltd warrants to the original purchaser, with this limited hardware warranty, that the enclosed product will be free from defects in material, workmanship and design for 12 months (1 year) from the date of purchase (Infrared LEDs are limited to 8000 hours use).

If the aforementioned product fails during the warranty period due to a defect in materials, workmanship or design, sole responsibility lies with Y-cam Solutions Ltd. At the discretion of Y-cam Solutions Ltd, the product will either be repaired or replaced with the same or a later version that performs substantially the same function as the unit being replaced.

This warranty does not cover any damage attributable to normal wear and tear, deterioration, faulty maintenance, erroneous installation or faulty repair.

This warranty does not cover damage caused by wilful or accidental mishandling, improper installation or environmental conditions including, but not limited to, electrical surges, water damage and heat exposure. This warranty is void if the product is tampered with or altered in any way. If the product is to be used outdoors or in dusty, humid, or other hostile environments, it must be suitably protected.

Except for the exclusive remedy set forth above, in no event shall Y-cam Solutions Ltd have any liability to the purchaser or any third party for any claim, loss or damage of any kind, even if Y-cam Solutions Ltd has been advised of the possibility of such damages, including but not limited to lost profits. Y-cam Solutions Ltd will not be liable for the consequential, incidental, special punitive or indirect damages arising out of or in connection with the inability to use the product, software or equipment related thereto or if used in connection therewith or the infringement of any patent, copyright, trademark or other intellectual property rights of any third party. In no event shall Y-cam Solutions Limited’s liability for damages, whether arising out of contract, negligence, warranty or infringement of any intellectual property right, exceed the purchase price paid by purchaser for the products.

Y-cam Solutions Ltd specifically disclaims any liability whatsoever for loss of data or loss of information caused by the product.

This warranty does not cover products if purchased from an unauthorized auction house. Y-cam Solutions Ltd will not replace these units regardless of whether or not the product is in or out of warranty.

This warranty is not transferable and therefore does not apply to second-hand products.

The warranty provided is applicable to the country in which the product was purchased. If the product is taken abroad the guarantee may be invalidated. However, we will always endeavour to assist you in your new country of residence.

This hardware limited warranty may be subject to without prior notice or change by Y-cam Solutions Ltd.

This limited warranty gives you specific legal rights. You may also have other rights which vary by Country and State.

To obtain warranty service, please contact the support team for specific instructions. Dated, documented proof of the original purchase is required.

 

30 Day Free Trial

The full balance of your order will be taken 33 days after registering for the 30 day free trial of Y-cam Protect

Your Y-cam Plus standard subscription will be charged 30 days after you activated your free 30 day trial

Y-cam Plus is an optional service that can be cancel at anytime

Your Y-cam Plus subscription will be charged to the debit or credit card you used at point of purchase

Y-cam’s 30 day standard returns policy does not apply to the 30 day free trial