tado° Smart Thermostat Offer terms
Last updated 31 August 2023
1. About these terms and who we are
1.1 These terms and conditions (the “Terms”) form the agreement between you and us:
(a) you are the person who has purchased a tado° Smart Thermostat from us;
(b) we, us or our is OVO Energy Limited. Our address is 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED.
1.2 Capitalised terms used in this agreement are defined in section 14.
1.3 These Terms only relate to your purchase of a tado° Smart Thermostat (“Smart Thermostat”) and are separate to the OVO Core Terms and Conditions governing the supply of electricity to you by OVO Electricity and your use of that electricity.
Accepting your order
1.4 These Terms (and the agreement between us) will come into effect when we accept your order. We will accept your order by sending you an email confirming your order after you have completed your purchase of the Smart Thermostat via our website. If, for any reason, we are unable to accept your order, we will contact you to let you know why. One of the reasons that we may not be able to accept your order could include where you do not meet our Eligibility Criteria (see sections 2 and below).
1.5 You have the right to change your mind and cancel these Terms and return your tado ° to us from the date we accept your order until 14 days after the date that your Smart Thermostat is received (“Cooling Off Period”). Please see section 8 for more information on what happens if you want to cancel.
2.1 You can take advantage of this Offer if you meet the following criteria (the “Eligibility Criteria”):
(a) You are currently an OVO customer and take your gas and electricity supply from us
(b) You have an OVO account set up
(c) You have a standard gas combination boiler or conventional system boiler (with a separate hot water tank). Your boiler will also need to be compatible with the Smart Thermostat. The Smart Thermostat is compatible with most boilers but there are some exceptions. See a list of compatible boilers. Your heating system must be in good working order at the time of Installation.
(d) You have the landlord’s permission to have a Smart Thermostat installed if you are not the homeowner.
2.2 In order to be able to benefit from the Connected Proposition (see section 3.3 below) you will need to have a communicating Gas Smart Meter or be willing to have one installed. Please note that not all OVO customers will be able to have smart meters. Sometimes we can’t install smart meters in homes for practical or technical reasons. For instance, we might not be currently installing smart meters in your area or your property might not be suitable (for example, smart meters won’t be installed if there’s anything blocking access to your current meter(s)). Sometimes we won’t know this until an engineer’s been to your home. If we can’t install a smart meter in your home, we’ll let you know.
2.3 You will need an Android or iOS device with an up-to-date operating system, with Internet access. To fully benefit from this Offer you will need to have a smart phone to be able download the tado° app.
2.4 You will need to register for a tado° account before you install your Smart Thermostat so that you can link your Smart Thermostat to your tado° account. If you don’t register for a tado° account or agree to link your tado° account to your OVO account, you won’t be able to receive any of the energy efficiency recommendations which form part of the Offer.
3. The offer
3.1 If you meet the Eligibility Criteria, you can purchase a tado° from us for the exclusive price of £72. This price includes VAT. See “Paying for your tado°" below for details on the different ways you can choose to pay for your tado°.
3.2 You are responsible for installing the tado° yourself. We won’t be responsible and no refund will be given for any damage to the tado° or your property or any other costs, loss or damage you suffer which is caused by the incorrect installation of your tado°.
3.3 Once your Tado is installed you can connect it to your OVO account and receive energy saving recommendations and change the temperature of your tado° via your OVO account (“Connected Proposition”). You can also use your tado° app to control the heating in your home (you won’t be able to control your tado° from your OVO account without a Gas Smart Meter but you won’t need a Gas Smart Meter installed in order to use the tado° app).
3.4 Any recommendations we may make about your energy usage and/or potential bill savings are estimates only and any actual savings or benefits you may receive will depend on the type of heating system in your home, how your home is insulated and your energy usage patterns.
3.5 Please note that our Connected Proposition is currently in BETA testing, as such, you accept that your tado° may not operate properly or be fully functional when controlled by your OVO account, for which neither we, nor tado° will be liable. (But if this happens, we'll try to minimise any impact on you). We also reserve the right to make changes to or withdraw this offer and our Connected Proposition at any time.
3.6 An independent study has shown that installing and correctly using a tado° smart thermostat can reduce your energy use from heating by up to 28%. The study found that the tado° device could save you up to 23% by turning the temperature down when nobody is at home. You could also save another 6% by turning down the heating based on the weather forecast, depending on the window sizes. If the window surfaces are relatively large, the energy saving will increase. Actual energy savings depend on various factors e.g. your heating system, structural condition of your home and your heating behaviour. Financial savings depend on the price of your energy tariff. With its Energy IQ skill, tado° provides an estimate of the monthly heating cost and the energy savings delivered through tado°.
4. Paying for your tado°
4.1 The total cost of the tado° if you choose to install it yourself will be £72. You can pay upfront via credit or debit card when you purchase your tado°.
Paying by instalments
4.2 You also have the option to split the cost of your tado° across 12 interest-free payments of £6.
No additional payments or upfront payments of the full amount can be made if you choose to pay by instalments.
4.3 In order to be eligible to purchase the Smart Thermostat via monthly instalments:
(a) you must pay your bill by Direct Debit;
(b) you must have 3 months or more left on your contract;
(c) your account must not be in arrears; and
(d) your predicted end of contract balance must be £50 or more
We also reserve the right to undertake a credit check, which may affect your credit rating, before accepting your order and allowing you to pay monthly.
4.4 By purchasing a Smart Thermostat from us, you agree that an additional £6 a month can be added to your energy account each month and billed monthly via the Direct Debit for your energy bill.
4.5 The first payment will be added to your next bill following the purchase of your Smart Thermostat (which may be before your Smart Thermostat is installed). Your monthly direct debit may need to be increased by £6 per month to ensure this cost is covered. The payment will appear on your energy bill as “Smart Thermostat”.
4.6 If you want to switch to a different supplier or switch to a different OVO energy plan before your plan ends, then your plan will be terminated and termination fees may apply (see OVO Core T&Cs). We will need to collect the remaining balance due for your Smart Thermostat before you leave OVO. This outstanding amount will be added to your final bill.
4.7 We also reserve the right to request payment of the remaining balance due for the Smart Thermostat if your account goes into debt or if you are otherwise in breach of these terms, see section 9.
4.8 You can opt out of OVO Smart Heating Control at any time by emailing [email protected] or calling 0330 175 9691 (Mon to Fri, 9am to 5pm). If you decide to opt out of OVO Smart Heating Control or we withdraw OVO Smart Heating Control in accordance with section 3.5 above, you will still be able to keep paying your monthly instalments until your balance is cleared, and you keep the hardware installed, although you will no longer receive energy saving tips.
5. Manufacturer's warranty
5.1 The Smart Thermostat also comes with a 2 year warranty from the manufacturer. For further information about the specific product warranty including any exclusions, please visit section 13 of tado°'s terms.
5.2 Please read the terms of the warranty carefully. Your warranty may be void if the Smart Thermostat is not used in accordance with the terms of the warranty or the manufacturer’s recommendations.
5.3 Any obligations to maintain the Smart Thermostat that are conditions of the manufacturer’s warranty are your responsibility to perform and maintain a record of.
5.4 If you have any issues with your Smart Thermostat, you should contact tado° directly(https://support.tado.com/en).
6. How we use your data
6.1 When you purchase the Smart Thermostat from us, we will collect certain information about you which is personal data (meaning that it can be used to identify you). This will be your name, address (so that we can deliver the Smart Thermostat to you) and your email address and phone number (so that we can confirm your order and communicate with you about the Offer.
6.2 In order to perform any required maintenance and to support you with any issues or queries you might have about your Smart Thermostat we will need to share the personal data we have collected from you with our supplier and the thermostat manufacturer tadoº.
6.3 If you consent to sharing the data from your tado° with us (via your OVO app) you will also receive personalised hints and tips from us to help you save energy and reduce your monthly bills. We can show you things like the cost of your gas usage, the temperature inside and outside your home and provide tips for helping you reduce the amount of gas you are using and heat your home more efficiently.
6.4 If you opt in to share your data with us to receive personalised insights and recommendations via your OVO online account (as described in section 6.3 above) we will collect data such as your Smart Thermostat set point, the indoor and outdoor temperature at your Property and whether your heating is on. You can opt out of this at any time by emailing [email protected] or calling 0330 175 9691 (Mon to Fri, 9am to 5pm), but if you do that you will no longer receive your personalised updates to your OVO account.
6.5 We may also wish to contact you by phone or by email about your experiences of using your Smart Thermostat and the tado° Connected Proposition. You can opt in to be contacted via OVO or at the point you purchase your tado°. Again, you can opt out of this at any time by emailing us on [email protected] or calling 0330 175 9691 (Mon to Fri, 9am to 5pm).
7. Termination by you
Your cancellation rights
7.1 If you exercise your right to cancel during your Cooling Off Period, your future monthly payments will be cancelled and, subject to section 7.2, you will receive a refund of any payments already paid to us.
7.2 We also reserve the right to charge you or deduct from any refund payable to if your Smart Thermostat is damaged or unusable when it is returned due as a result of your use of it or any damage done to it when you installed or removed it. Once your tado° is removed it is your responsibility to arrange the purchase and installation of another thermostat for your heating system.
7.3 You can also cancel if you haven’t received your Smart Thermostat within 30 days of us accepting your order.
7.5 After the end of your Cooling Off Period, you still have a legal right to return a product or get a repair or replacement if it is faulty as follows:
Up to 30 days after the date of purchase, you are entitled to a refund.
Up to 6 months following the date of purchase if your faulty product can't be repaired or replaced, then, in most circumstances, you will be entitled to a full refund.
Up to 6 years after the date of purchase (unless the item cannot be expected to last for up to 6 years) you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back depending on the use you have had from the product.
7.6 Nothing in these Terms affects your legal rights. The above is a summary of your legal rights only and is not exhaustive, for more information please see adviceguide.org.uk
7.8 If you are within your Cooling Off Period, subject to clause 7.2, your refund will be issued in full.
7.9 If you paid upfront for your tado° refunds can only be issued to the card used for the original payment. If you choose to pay by instalments we will credit any monies already paid to your next month’s energy bill.
7.10 Refunds will be processed to your card within 10 Working Days of your request.
7.11 If you move out of the Property, it is a legal requirement that you leave the Smart Thermostat in the Property as the heating system will not function properly without it. You won't be able to remove the Smart Thermostat and move it to a new property and we won't be able to refund you the cost of the Smart Thermostat or provide you with a replacement if you move house.
8. Termination by us
8.1 We may terminate these Terms and your participation in the Connected Proposition with immediate effect on giving you written notice if:
(a) you breach any of your obligations under these Terms or our Core Terms and Conditions; or
(b) at any time during prior to you completing payment for your tado° you fail to meet any of the Eligibility Criteria (see section 2 above); or
8.2 If we terminate these Terms under section 9.1 then we may require you to immediately pay any outstanding balance due on your Smart Thermostat. We reserve the right to add this outstanding balance to your next bill.
8.3 We may also terminate these Terms and withdraw this Offer and the Connected Proposition at any time, for any reason, by giving you 30 days' written notice.
8.4 If we withdraw or terminate this offer or the Connected Proposition then the provisions of section 4.7 will apply.
9. Changes to these Terms and Conditions
We may change these Terms and Conditions at any time. The new terms will appear on our website. We will notify you 30 days in advance of any change we plan to make that puts you at a material disadvantage.
10. Our liability
10.1 Subject to section 10.3, we won’t be responsible for:
(a) any failure of the Smart Thermostat to function properly;
(b) any delay or inability to fulfil an order, deliver your Smart Thermostat for reasons outside our reasonable control, or any costs, loss or damage you suffer as a result;
(c) any damage at the Property which is attributable to structural defects or weaknesses unless such damage results from negligence on our part;
(d) any costs, loss or damage you suffer as a result of not using the Smart Thermostat in line with the instructions provided to you, including any manufacturer user guides and these Terms;
(e) any loss or damage you suffer caused by us, our employees or agents to the extent such loss or damage results from any breach by you of these Terms;
(f) any loss or damage that we couldn’t reasonably have expected would result from breach of these Terms at the time you entered into them;
(g) any deliberate damage or vandalism of the Smart Thermostat; and/or
(h) any failure by you or a third party in the care, operation, inspection, servicing or maintenance of the Smart Thermostat which is not done strictly in accordance with the manufacturer’s instructions and without our or the manufacturer’s consent.
10.2 We aren’t liable, whether caused by breach of contract, negligence, breach of statutory duty or otherwise, for any (a) loss or damage that we couldn’t reasonably have expected would result from breach of this agreement at the time you entered into it, or (b) for any loss of business, revenue or profit; or (c) for any indirect or consequential losses which you or anyone else suffers.
10.3 Nothing in this agreement will affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation, or for any matters which we cannot exclude our liability for under law.
10.4 Except as set out in section 10.3 above, our maximum aggregate liability to you (including for negligence and breach of statutory duty) is limited to £10,000.
11. How to contact us and complaints
11.2 If you are unhappy with our service, you can submit a complaint over the phone or in writing by visiting our feedback page.
11.3 We aim to respond to your complaint the same day we receive it. If you're not happy with our response, you can ask for your complaint to be escalated to our internal complaints team, who will be in touch within 5 Working Days.
12.1 We can transfer any of our rights or obligations under these Terms without your permission. However, you must not transfer your rights or obligations under this contract to anyone without our permission.
12.2 If we need to give you a notice for any reason in connection with these Terms, we may deliver it by hand or use the postal address and/or email address you have given us most recently. If we post a notice to you, it will be assumed to have been delivered two Working Days after it was posted. If we deliver a notice to you by hand or by email, it will be assumed to have been delivered immediately when it was delivered or sent to the most recent email address we have for you (as applicable).
12.3 These Terms, and any documents explicitly referred to in them, are the entire contract between you and us in relation to the Offer.
12.4 Nothing in these Terms affects our legal rights or powers. Nothing in these Terms affects any of your statutory rights that can’t be excluded by law.
12.5 If any part of these Terms are void or unenforceable, the rest of these Terms will be unaffected.
12.6 These Terms are governed by the laws of England and Wales if your property is in England or Wales, and in Scotland if your property is in Scotland. If there is any dispute between us, it will be dealt with by the courts of England and Wales if your property is in England or Wales, and by the courts of Scotland if your property is in Scotland.
“OVO Electricity” is OVO Electricity Limited. Its address is 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED. OVO Electricity is a part of the OVO Group of companies and is the company which supplies you with electricity. When we refer to “OVO” or “OVO Energy” in the context of the company that supplies electricity to you, we are referring to OVO Electricity;
“Gas Smart Meter” means a credit pay monthly meter for gas that is able to supply us with half hourly meter readings through wifi or GSM;
“Property” means the property or premises at which the Smart Thermostat will be installed;
“tado°” means tado° GmbH, the manufacturer of the Smart Thermostat;
“Working Day” means any day other than a Saturday, a Sunday or a bank holiday in England, Scotland or Wales. All other references to a day refers to a calendar day.