Terms & Conditions of Sale
Welcome to the online store (the “Store”) provided by CaSA Connected Appliances Ltd., (“CaSA”). Your purchase of CaSA hardware products (“Products”) and/or subscription services (“Subscription Services”) from the Store constitutes your agreement to be bound by these Terms & Conditions of Sale (“Terms & Conditions”) and any additional terms we provide, including but not limited to our Terms of Service and the terms of the Limited Warranty included in-box with a Product.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR CASA PRODUCTS AND/OR SUBSCRIPTION SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Products from CaSA, the Terms & Conditions in force at that time will apply between you and CaSA. If you purchase our Subscription Services, we will notify you in the event we make changes to these Terms & Conditions that affect your subscription. If you have any questions regarding these Terms & Conditions, you can contact CaSA using the contact details at the bottom of this document.
The Store is for retail sales to private consumers only. Please contact [email protected] if you wish to purchase wholesale supplies.
As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.
Although the Store is accessible worldwide, the Products and Subscription Services offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products and Subscription Services outside the United States, Canada or the United Kingdom, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store and our Products and Subscription Services are not designed for use in other countries and some or all of the features of the Store, Products and Subscription Services may not work or be appropriate for use in such a country. To the extent permissible by law, CaSA accepts no responsibility or liability for any damage or loss caused by your access or use of the Store, Products and Subscription Services in another country.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home (e.g., ensuring that your heating system is compatible with the Caleo Thermostat). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE COMPATIBILITY OF THE PRODUCTS WITH OTHER EQUIPMENT IN YOUR HOME, AND YOU ACCEPT THAT LACK OF COMPATIBILITY IS NOT A VALID CLAIM UNDER THE WARRANTY PROVIDED WITH YOUR PRODUCTS AND DOES NOT OTHERWISE CONSTITUTE A BASIS FOR RECEIVING A REFUND AFTER THE 30-DAY REFUND POLICY DESCRIBED BELOW.
2. Reservations and Pre-Orders
Products available for reservation and pre-order are not offered for sale by CaSA. Your placement of a reservation and pre-order does not create a contract for sale.
By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to CaSA to purchase the Product subject to these Terms & Conditions. An authorization from your payment card company may stay open for several days or weeks before a charge is actually made.
You may cancel your offer to purchase Products at any time prior to shipment and you will not be charged. You will receive an email several days prior to the shipment of reserved Products in which you will have an option to cancel your offer and you will not be charged.
Later, when the Product is offered for sale, CaSA may accept your offer to purchase Products subject to these Terms & Conditions. At that time, CaSA will capture payment on the payment card you provided and ship your Product. CaSA may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.
CaSA reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
By providing a credit card or other payment method accepted by CaSA, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your CaSA account, you can do so at any time by logging into your account and editing your payment information.
4. Subscription Services
(a) Subscription Plans. We offer different subscription plans for our Subscription Services. Please refer to the appropriate Subscription Plan on our website for all details pertaining to a specific plan.
(b) Continuous Subscriptions. When you purchase any of our Subscription Services, you expressly acknowledge and agree that (1) CaSA is authorized to charge you a monthly or annual subscription service fee depending on the billing cycle you choose (in addition to any applicable taxes) for as long as your subscription continues, and (2) your subscription is continuous until you cancel it or such Subscription Service is suspended, discontinued or terminated in accordance with CaSA’s Terms of Service.
(c) Cancellations and Refunds. You may cancel your Subscription Services at any time by logging into your CaSA Account and selecting “Cancel Subscription.” Note that merely unpairing a Product from a Subscription Service will not trigger cancellation of the Subscription Service. In the event you cancel a Subscription Service, we will provide a prorated refund for the period of time starting the day after cancellation of the Subscription Service through the remainder of your billing cycle.
(d) Free Trials. We may offer free trials of our Subscription Services for limited periods of time. If we offer you a free trial, the specific terms of your free trial will be provided at registration. We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
5. Availability and Pricing
All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products and/or Subscription Services without prior notice. Prices for the Products and Subscription Services are subject to change at any time, but changes will not affect any order for Products you have already placed. In the event we change the pricing for any Subscription Service you have purchased, we will give you advance notice of this change in accordance with section 16 (Notifications). After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in section 4(d) above.
6. Sales Tax
Depending on the order, CaSA calculates and charges sales tax in accordance with applicable laws.
7. Resale and Title Transfer
Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by CaSA to the freight carrier, but CaSA and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
8. Shipping and Delivery
Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Store website. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund. YOU ARE RESPONSIBLE FOR ANY DUTIES LEVIED BY CUSTOMS IN YOUR COUNTRY. ALL CASA PRODUCTS ORIGINATE FROM CANADA UNLESS OTHERWISE STATED.
The Products available on the Store have been designed, marketed and sold for use by residents of the United States and Canada, AS APPLICABLE. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English/French. The Products available on the Store are not intended for use outside of the United States, Canada or the United Kingdom, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
There may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. CASA IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE CAUSED BY SELF-INSTALLATION.
10. Returns for Refund
ANY PRODUCT THAT HAS BEEN INSTALLED (WHERE WIRE ENDS HAVE BEEN REMOVED) IS LIABLE OF A 15% RESTOCKING FEE. If you want to return the Product you purchased from the Store for a refund, you must notify us no later than 30 days following the date of shipping (the “Cancellation Period”). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting CaSA customer support at [email protected] and clearly stating your desire to return the Product. Although it will not affect your right to a refund, please include details on your reason for returning the Product. CaSA customer service will provide you with a Return Materials Authorization (“RMA”) that must be included with your return shipment to CaSA so CaSA can identify your shipment and with a return address. If you purchased the Product from somewhere other than the Store, please contact that reseller.
To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 14 days following the day on which you notify CaSA customer support that you desire to return your Product. Unless the Product is faulty, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to CaSA). We will refund the price you paid for the Product plus original delivery cost, less the value of any promotional merchandise or discounts you received. If you purchase a Bundle (multiple Products sold together at a discount) and you return only part of the Bundle, we will subtract the total Bundle discount from your refund. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).
We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by CaSA of the returned Product. The Product is not eligible for a refund after the 30-day period.
(a) Contact CaSA First. If a dispute arises between you and CaSA, our goal is to learn about and address your concerns. You agree that you will notify CaSA about any dispute you have with CaSA regarding these Terms & Conditions by contacting CaSA using the contact details at the bottom of this document.
(b) YOU MUST CONTACT CASA WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, CaSA may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
12. Warranties and Disclaimers
As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “as-is” basis unless otherwise noted in the Limited Warranty included with a Product. You may choose whether to make a claim under these Terms & Conditions or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty, you should contact CaSA.
You use our Products and Subscription Services at your own discretion and risk. You will be solely responsible for (and CaSA disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Subscription Service, including damage or loss to your heating system, plumbing, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home. Unless explicitly promising a “guarantee,” CaSA does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of a Product and/or Subscription Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond CaSA’s control or knowledge.
13. Limitation of Liability
Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) CASA BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF CASA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) CASA’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES
ACTUALLY PAID BY YOU TO CASA OR CASA’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CASA DISCLAIMS ALL LIABILITY OF ANY KIND OF CASA’S LICENSORS AND SUPPLIERS.
14. Data Protection
15. Electronic Communications
You are communicating with CaSA electronically when you use the Store or send email to CaSA. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about CaSA’s products and services unless you opt-out of such emails using the opt-out link in the emails.
CaSA may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your CaSA account, hard copy, or posting of such notice on the CaSA website. CaSA is not responsible for any automatic filtering you or your network provider may apply to email notifications. CaSA recommends that you add @casaconnect.com URLs to your email address book to help ensure you receive email notifications from CaSA.
17. Force Majeure
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 act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18. Severability & Survivability
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
The obligations in Sections 11, 12, 13, and 14 through 21 will survive any expiration or termination of these Terms.
Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
20. Governing Law and Jurisdiction
These Terms & Conditions are governed by the laws of the Province of Quebec, Canada without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the provincial court in the judicial district of Montreal, Quebec, Canada for the purpose of litigating all such claims or disputes.
If you have any questions, please contact us :
by email at [email protected]
by mail at
CaSA Connected Appliances Ltd.
2510 rue de l’Aeroport
Canada, J3G 0C9
by calling 1-844-TEL-CASA