1. Purchase agreement from the Supplier
This Agreement on the purchase of products and services from the Supplier is entered into between the Supplier and the Customer as set out in section 2.
By purchasing Products from the Supplier on the Supplier’s website heimgard.com the Customer confirms that these General Terms and Conditions of Purchase of Products with Associated Services have been read and accepted. In addition, the Customer acknowledges being over the age of 18 and has the legal right and capacity to enter into the Agreement.
The Agreement is valid from the time the Customer: 1) electronically accepts these terms and conditions in connection with registering customer relationships with Heimgard Technologies through the purchase of Product; 2) signs a document in which the Agreement is entered into or 3) purchases Product from the Supplier from a retailer or in-store and accepts terms of use in the app, and until the Agreement terminates in accordance with clause 6 of the Agreement. The Customer must have accepted the Agreement in order to purchase the Product. For the Service, the Customer must also accept the applicable Terms of Use.
In order for the Supplier to provide Products and Services to the Customer in accordance with the Agreement, the Supplier is dependent on processing certain personal data about the Customer. The Supplier will process the Customer’s personal data in accordance with the general privacy policy on the Supplier’s website heimgard.com as well as heimgardtechnologies.com. Customer may download the Apps from the Provider in order to use the Products and Services as set forth on the Provider’s website heimgard.com, and the Apps Terms of Use and Privacy Policy for the Apps are also available on heimgard.com.
2. Definitions
Apps: A selection of network and/or smart home mobile applications created by the Provider with licensors that enable the Product to be used by the User with access to the associated Services for the Product for the duration of the Agreement. Customer uses the Apps to control the Customer’s Hub or Smart Router/Mesh. The Supplier’s Offered Apps are described on the Supplier’s website heimgard.com.
Agreement: This Agreement for the Product with the Services including the App Terms of Use and the Services.
Subscription Price: The period price of the Base Service or other Subscription Services for the Product purchased by the Customer by the Supplier. The Subscription Price is paid in advance for each Period.
Base Service: The Base Service provides a set of standardized services associated with a purchased Product. The Base Service may be offered as a subscription service in the Apps. The content of the Base Service may vary by product and will be further clarified in The Supplier’s order confirmation or otherwise for the individual purchase. The Supplier’s offered Base Service for which the various Products are described on the Supplier’s website heimgard.com. Unless otherwise stated in a Service, the Base Service consists of free non-exclusive use for the Customer of the Apps for the Products purchased from the Customer from the Supplier.
User: User of the Services through the Apps provided by the Supplier.
Terms of Use: The General Terms of Use for the Use of the Apps available on the Provider’s website heimgard.com and for the associated Services to which the User has legitimate access.
Cloud Solution: The part of the Service that consists of cloud solution provided by other providers (Google Cloud is used for data storage, and other providers’ networks are used for communication between the Products, Apps and Services). When the Customer is away from their local network, data can be forwarded from the Apps to the Customer’s Hub or Smart Router/Mesh where anonymous usage data is stored in the cloud service.
Hub: The Supplier’s home hub for smart homes / Internet-of-Things (“IoT”), for connection of the system and the Service. In order for the Service to be available to Customer, Customer must use an enabled Hub. Enabled Hub means a Hub that has pre-installed software on the Product (firmware) provided by the Supplier, and Customer must connect its Hub as specified in the User Manual so that hub can work with the Apps and Services provided by the Supplier.
Customer: The natural person (private individual) or legal entity registered with the Supplier as the buyer of the Product and thus the recipient of the Services.
Supplier: Heimgard Technologies AS with company registration number 985 439 419 and business address Sommerrogata 13-15, N-0255 Oslo.
Delivery Address: The current address where the Customer has registered where the Product is to be delivered.
Installation Address: The current address where Customer has registered that the Product and Service are used. Such address may be changed by Customer in the Apps.
The Parties: The Parties entering into this Agreement, i.e., the Customer and the Supplier.
Period: Period for payment of subscription price. Unless otherwise stated, a Period is considered a calendar month for the duration of the Agreement.
The Products: The physical products that the Customer has purchased from the Supplier. At a minimum, Hub or Smart Router/Mesh must be purchased and activated for the Services to function. The Products are specified in more detail in the Supplier’s order confirmation or otherwise for the individual purchase. The supplier’s offered products are described on the Supplier’s website heimgard.com.
Smart Router/Mesh: The Supplier’s home networking solution for wireless (Wi-Fi) and wired (Ethernet) internet sharing. The device also has a built-in smart home Hub to connect your IoT devices. In order for the Service to be available to the Customer, the Customer must use an activated Smart Router/Mesh device. Enabled Smart Router/Mesh means a Smart Router/Mesh device that has pre-installed software on the product (firmware) from the Supplier so that the Smart Router/Mesh device can work with the Apps and Services of the Supplier.
The Services: The Services that the Supplier provides to Customer, related to the Product, using the Apps. The Services are further specified in the Supplier’s order confirmation or otherwise for the individual purchase. The General Services are described on the Supplier’s website heimgard.com. The Services consist of several components that together with the Products make the Customer have their own smart home solution: IoT platform that allows the Customer to control their IoT devices, either locally or via the Internet, includes app, hub or smart router/mesh and cloud solution. The provider’s Basic Service is the basic module of these services. In addition to the Basic Service, the Supplier may offer the Customer additional services, e.g., the special service “Boligalarm” or other Subscription Services.
3. Description of the delivery
The terms of this Agreement apply to the purchase of the Supplier’s Products with the associated Services. The products and services that are relevant will be stated in the order confirmation sent from the Supplier after the Customer’s order.
Customer may read about Supplier’s Products with the associated Services on the Supplier’s website heimgard.com.
The Base Service of the Product requires the Customer to download the Apps from the Supplier and register as a User. Additional requirements may apply in order for the Customer to be able to make use of services beyond the Basic Service, e.g., the special service “Boligalarm” and other Subscription Services contain more functionality and uses that are available if the Customer complies with the stated requirements.
Customer must agree to the Terms of Use when using the Apps for the first time. Terms of Use are available on the Supplier’s website heimgard.com, and the Terms of Use are part of this Agreement.
If Customer uses third party services in connection with the Product, such party’s services are not part of the Agreement or something the Supplier is otherwise responsible for, unless otherwise expressly stated by the Supplier for a particular Service.
4. Payment for product with associated services
4.1 Price of Product without down-payment agreement (one-time payment)
When purchasing the Product, the Customer pays immediately via the Supplier’s solutions in the online store on the Supplier’s website heimgard.com if the Supplier does not offer a down-payment agreement for such Product or the Customer does not choose a down-payment agreement in which the Customer is presented with a choice.
For one-time payment, the Customer can choose between paying the full purchase price of the Product with generally available payment methods such as Vipps, Credit Card, Klarna or PayPal. The stated purchase price for the Product is in NOK including taxes and fees and including delivery to the Customer’s stated Delivery Address (to the address to which Bring can deliver). In the event of such a one-time payment for the Product, full payment will be made immediately via payment on the website. After the Customer has paid the full lump sum for the Product, the Customer has title to this copy.
After such lump sums have been paid, the User will have access to the Base Service as well as the opportunity to subscribe to other Subscription Services offered in or outside the Apps (such as Residential Alarm or extended usage services or functionality). Subscription price, duration of service and any other relevant information relating to the Service are specified for the individual services offered.
4.2 Subscription price
The period price of the Base Service or other Subscription Services offered in or outside the Apps (such as Residential Alarm or Extended Use or Functionality Services) for the Product from the Supplier. The Service runs for the period stated for each Service.
Billing occurs automatically 14 days before the next Period starts with 14 days payment terms (due), unless otherwise specified for the Service. If credit cards are used, withdrawal take place on the 1st day of the relevant calendar month.
The Supplier shall have the opportunity to invoice the Customer for unnecessary excess use of mobile data, where mobile data is used as a backup solution. If the Customer does not pay for such overspending, it is considered a material breach of the Agreement.
4.3 Down-payment agreement
For some Products, the Supplier offers a partial payment for the Customer that entails a possibility of a repayment agreement.
Invoicing for Products with a down-payment agreement takes place monthly during the binding period, and each of the twelve amounts during the binding period is the same size. Invoicing during the binding period occurs automatically on the first day for each new Period starts.
After the Customer has paid the 12 partial payments for the Product during the binding period, the Customer has ownership of this copy.
4.4 Completion of payment for the Service
The Supplier charges from the Customer through deductions from credit cards that the Customer provides, or other means of payment approved by the Supplier. The Supplier charges the use of the Service as a prepayment, with the first withdrawal date being at the conclusion of this Agreement.
Customers who have entered into an ongoing agreement for the Service will be charged for each commenced Period on the first day of the Period (normally the first calendar day for each calendar month) until the Agreement is no longer in effect.
4.5 Late payment
In case of non-payment, Contractor may issue debt collection notice with a new due date. In the event of late payment, the Supplier may claim reimbursement of costs and interest pursuant to the Norwegian Debt Collection Act (“Inkassoloven”), the Interest on Delay Act (“Forsinkelsesrenteloven”) and other applicable legislation. The Customer cannot present counterclaims the Customer claims to have against the Supplier, unless the counterclaim has been acknowledged or enforceable settled by judgment or settlement.
5. Shipping and delivery
The Supplier uses Bring to deliver the Product to the Customer who has entered into the Agreement with the Supplier to purchase the Product from the Supplier. Delivery to the Delivery Address from Bring is made to persons 18 years of age or older with a residential address on the mainland in Norway. The normal delivery time is between 2 to 5 working days, but deviations may occur.
The Supplier may use Bring, DHL or other partners as stated in connection with the individual purchase to deliver the Products to the specified Delivery Address, and as the supplier is called here a charterer. The Customer must comply with such charterer for the delivery of the Products, and the Customer will receive a shipping notice informing the Customer of delivery times and delivery options for the individual delivery.
The Supplier has a sales pledge (“Salgspant”) in the Product until the Product is fully paid for. If the Customer has not paid for the Product, the Supplier has the right to demand the Product returned to an address in Norway or to ensure that the charterer picks up the Product from the Customer.
6. Duration of the Agreement
6.1 The Agreement is ongoing and may be terminated
This Agreement runs until terminated by either party or Customer does not pay for the Subscription Price for the relevant Service. The Agreement may be terminated in writing by both Parties as set out in the Agreement, e.g., a termination during the binding period will not be given effect at the earliest at the end of the binding period.
6.2 Termination by the Supplier
If the Customer does not pay for a Period for example because a credit payment is not approved, the Supplier has the right to terminate the Agreement if the Customer does not arrange payment within 30 days. The Agreement is deemed to restart from the day on which the Customer pays the applicable Subscription Price.
Material deviations to the Agreement gives the Supplier the right to terminate the Agreement with immediate effect. It is considered a material deviation if the Customer does not pay all partial payments in a down-payment agreement during the binding period. Upon termination of the Agreement by the Supplier, the Services will no longer be available to the Customer.
6.3 Termination by the Customer
The notice period is an entire Period which means that termination from the Customer is not given effect until after the end of the next Period, i.e., that a termination sent in the month of January implies that the Agreement is deemed terminated after the end of February. It also means that the Customer must pay the Subscription Price for the month after written termination has been sent to the Supplier, that the Supplier provides the Services in the month after written termination has been sent to the Supplier, and that the Customer is not entitled to a refund of such Period before the Agreement is deemed terminated.
In the event of late payment by the Customer, the Supplier has the right to temporarily disconnect the Service after a prior notice to the Customer. The Customer must complete the payment and if relevant update the credit/debit card for the Service to be reactivated.
Upon termination of the Agreement, the Supplier will delete data relating to the Customer within a reasonable time, except for data the Supplier must process on any other lawful basis of processing.
7. Customer responsibility
7.1 Requirements for normal use
Supplier’s Products shall not be subjected to any other use than the intended normal use. Normal use requirements follow from the Product packaging or in the user manual provided with the Product. For some Services, descriptions of such Service on heimgard.com contain additional requirements for what is considered normal use. If the Product is used for purposes other than intended or outside normal use, the Product’s warranty does not apply even if a defect occurs in the Product first 12 months after the Product was purchased.
The Customer is responsible for assembling the Product in accordance with the instructions in the user manual and otherwise described on the Supplier’s website heimgard.com, and the Customer shall ensure that the Product is assembled in an environment for which the Product is intended.
The Customer is responsible for shock damage (any fall above 90 cm is considered shock damage unless stricter requirements apply to the individual Product as specified in the Product’s packaging or in the user manual provided with the Product), moisture damage (minimum requirements for humidity and installation inside and outside as specified in the Product’s packaging or in the user manual provided with the Product) or heat damage (minimum temperature requirements as specified in the Product Packaging or in the user manual provided product) on the Product.
7.2 Installation, update and maintenance requirements
The Customer is solely responsible for installation, maintenance (e.g. battery replacement) and that hub or Smart Router/Mesh with associated components are located in accordance with instructions as specified in the Product Packaging or in the user manual provided with the Product and are within wireless range of the Hub or Smart Router/Mesh. For more information on installation and maintenance, reference is made to content (videos, descriptions of products with installation and usage requirements, etc.) that the Customer finds on heimgard.com.
The Customer must ensure that there is electricity as well as for the Hub, router with active internet line, or for Smart Router/Mesh, DSL, fiber or coax router with internet connection and possibility of wired (Ethernet) connection where the Product and Services will be used. In addition, Customer must have a mobile phone with a newer version iOS/Android as described in the App Terms of Use so that the Products can function as intended. The Supplier is not responsible for matters that are the Customer’s responsibility.
Prior to registration of certain Services, Customer is required to complete a test and verification of its Products and confirm that it is installed in accordance with instructions on heimgard.com or in the Installation Instructions apps for the various Products.
If the Customer is to subscribe to Services provided by the Supplier, the Customer must accept the applicable Terms of Use. The Customer is responsible for confirming the applicable Terms of Use, and the Terms of Use are included at the end of the Purchase Agreement to make this easy for the Customer.
The Services require updates and maintenance that Customer must provide. The Supplier is continuously working to improve and further develop the Services offered. In order to provide and take advantage of the Services, Customer is required to always update the Apps and Hub or Smart Router/Mesh to the latest current version.
Inspection, service, repairs and replacement of components/equipment due to product defects and wear and tear are carried out by the Customer. The customer is responsible for covering the costs of replacing the battery, as well as repairs, remediation and/or replacement of equipment and components resulting from improper use, external influences, orders from the public authority or electric supplier or otherwise caused by the Customer or others. This includes, for example, damage due to refurbishment, building changes, vandalism, fire or water damage.
8. Changing the address of the Products
The Customer may choose to bring the Products and associated Services to their new residence or other new Installation Address at no cost. The Customer is responsible for disassembling the Products in an old residence and for installing the Products correctly in their new residence, and then the Customer must update the Installation Address of the Products in the Apps.
In the event of any sale of a home or other real estate that is the Installation Address for the original Customer, where sales include Hub or Smart Router/Mesh and associated Products, the original Customer shall terminate the customer relationship in the Apps. The new owner can establish a new Agreement with the Supplier by downloading the Apps to themselves where their own information is registered in the Apps for the relevant Products and Installation Address. New Customer confirms the Agreement before the Apps can be downloaded.
If the Customer moves to a geographical area where the Supplier cannot provide the same service as the Customer already had, the Supplier has the right to report the Service and thus the Agreement as terminated for the Customer.
9. Cancellation
The Customer can cancel his order until the physical delivery of the ordered Product has occurred, that is, when the Customer has taken over the Product that the Customer has ordered. If the Customer wishes to cancel an order, the Customer must send an e-mail to the Supplier as soon as possible, and no later than before the Product is delivered using the cancellation email address of the support@heimgard.com. The Supplier will repay payments relating to the purchase of the Product returned, including delivery costs (with the exception of additional costs resulting from the Customer having chosen a different type of delivery than the Supplier’s cheapest standard delivery), within a reasonable time. The Supplier will reimburse with the same means of payment that the Customer used in the original transaction, unless the Parties have agreed otherwise separately.
A delivered Service cannot be cancelled. The Services are provided immediately and consumed through Customer accessing the Services.
10. Return policy
The Supplier offers 45 days free return for purchased Products. If the Customer wishes to return a Product purchased in heimgard.com, the Customer must send an e-mail to the support@heimgard.com no later than 45 calendar days after the Products were delivered to the Delivery Address. The Supplier will give the Customer access to a return label that the Customer can use to return the Products.
The Supplier will repay payments relating to the purchase of the Product returned, including delivery costs (with the exception of additional costs resulting from the Customer having chosen a different type of delivery than the Supplier’s cheapest standard delivery), within a reasonable time. The Supplier will reimburse with the same means of payment that the Customer used in the original transaction, unless the parties have agreed otherwise separately.
The Supplier will not repay completed payments related to Services.
The Supplier may withhold such refund until the Supplier has received the Products back, or earlier if the Customer has provided documentation that the Products have been returned to the Supplier.
11. Right of withdrawal
Pursuant to the Norwegian Right of Withdrawal Act (“Angrerettloven”), a consumer may withdraw from the purchase without giving any reason within 14 days after the entire item and the information required pursuant to Chapter 3 of the Right of Withdrawal Act has been received in the prescribed manner. The deadline is for remote sales regardless of the end no later than 3 months after the goods have been received, or 1 year if information about the right of withdrawal has not been provided. There is no corresponding deadline for sales outside the fixed point of sale. Notification of the use of the right of withdrawal must be given to the seller within the deadline and can be given in any way. The right of withdrawal is used by sending an e-mail to angrerett@heimgard.com. The withdrawal form is available as part of the order confirmation and on heimgard.com.
The Customer must bear the cost of returning the Product if such right of withdrawal is used. If the Customer has started using the Service before the Customer took advantage of the right of withdrawal, the Customer must pay for the commenced Period.
The Customer is responsible for any reduction in the value of the Product resulting from a different handling of the Product than is necessary to determine their nature, characteristics and function.
In order for the Customer to withdraw from the purchase, the Customer is given the opportunity to use the Product only to the extent required to judge whether the Customer is satisfied with the Product, normally this is one time use and during the first Period which is the same month that the Product was delivered to the specified Delivery Address. If it is necessary to open the product packaging to investigate the Product, the Customer may open the product packaging without losing the right of withdrawal.
12. Complaint
The Customer is obliged to notify the Supplier in writing of errors and other circumstances that may result in compensation or other claims as set out in the Agreement within a reasonable time, and no later than 30 (thirty) days, after this was or should have been discovered. Errors are reported to the Supplier by e-mail support@heimgard.com. If the Customer does not fulfil the obligation to report errors or advertise in a timely manner, the Customer’s claims may lapse.
In the event of a complaint against the Product, the Supplier may offer the Customer a new equivalent product as a replacement for the defective product. If the Customer does not want a new product, the Customer may, by agreement, get the money back for the purchase. In this case, the conditions under section 9 Return apply to the extent appropriate.
13. Contractor’s liability
The Products and Services are delivered as is at all times. The Supplier’s liability for defects in the Product is limited to 24 months from the purchase for the Product provided normal due diligence on use of the Product by the Customer.
Deviations from normal lead time may occur, this is outside contractor’s responsibility. The supplier is not responsible for delays caused by subcontractors.
The Supplier is not responsible for delays and any other discrepancies caused by circumstances beyond the Supplier’s control, including COVID-19 or similar pandemic. The Supplier’s liability does not include circumstances for which the Customer carries the risk, such as accident, fire, lightning strike, surge, faulty telecommunications or computer networks, line faults or damage or missing LTE, Wi-Fi, radio, internet or other wireless coverage, power outages, unstable temperatures and equipment fitted so that Products do not meet the Product specification, static electricity, water damage, environmental/climate conditions that fall outside the specifications, damage caused in connection with building works. The Supplier is not liable if the Delivery (Products or Services) is subjected to abnormal or unauthorized use or use that is contrary to the recommendations/guidelines made by the Supplier. The Supplier is also not liable if the Customer makes changes, modifications, interconnection with other equipment, maintenance, etc. that has not been approved by the Supplier.
The supplier’s liability does not include circumstances due to the fact that the Customer or the User has not stored codes and/or passwords in a prudent manner and that the equipment has been disconnected as a result of a breach or contractual hearing.
14. Privacy Policy
The Supplier processes personal data about the Customer in accordance with the Personal Data Act and the general privacy regulation denoted GDPR. Terms of use for the Apps describe the Supplier’s processing of personal data in more detail. The Supplier processes personal data in order to fulfill this Agreement and the Supplier’s statutory obligations related to the purchase of the Products and delivery of the Services. The Supplier’s privacy statement describes this in more detail, and the privacy statement for the Apps and for the Products is available on the Supplier’s website heimgard.com.
15. Dispute Resolution
This Agreement shall be governed by and construed in accordance with Norwegian law. Disputes between the Customer and the Supplier shall be resolved amicably. If an amicably settlement is not achieved, each of the Parties can bring the dispute before the ordinary courts with the Oslo District Court as the proper venue. For consumers, the right venue can be the consumer’s venue.
16. Contact information
The Customer may, for the duration of the Agreement, contact the Supplier in the following ways:
Mail:
Heimgard Technologies AS
Att: Product purchase heimgard.com
PO Box 1618 Vika
0119 Oslo, Norway
Phone: +47 649 44 442
Email: support@heimgard.com
