General Terms and Conditions of Sale for Premium Services
1. General conditions of sale
1.1 Scope of application
- These general contractual conditions (hereinafter “General Conditions”) of VIMAR S.p.A. (hereinafter “Seller”) apply to all contracts stipulated by a consumer (hereinafter “Consumer”) with the Seller, with reference to the home automation services for sale through the applications downloaded from the Apple App Store or Google Play. These conditions preclude the application of the Consumer's purchase conditions to the contractual relationship, unless specific written agreements are made.
- For the purposes of these General Conditions, a “Consumer” is defined as any natural person who purchases the services sold by VIMAR S.p.A. for purposes that do not fall within the scope of their commercial or independent professional activity.
1.2 Conclusion of the contract
- The descriptions of the services offered for sale by the Seller constitute binding offers for the Seller.
- The Consumer concludes the service purchase contract by selecting the appropriate validation button, accepting these General Conditions, and entering their personal data. The offer, however, can only be accepted if the Consumer selects the appropriate box located below the text: “I expressly declare that I have read and accept these General Conditions of Sale”.
- The Seller, through the Apple App Store or Google Play, will then send the Consumer an order confirmation in the dedicated "Subscriptions" section.
1.3 Right of withdrawal
Pursuant to Article 52 of the Consumer Code, consumers have the right to exercise the right of withdrawal provided for by the regulations in force within 14 calendar days from the date of conclusion of the contract, provided that they have not already accessed the selected service. The conditions and procedures (e.g. withdrawal form) for withdrawal are, in any case, specified by the store owners (Apple, Google): it will therefore not be possible to cancel the supply order in cases where the services have been rendered upon the Consumer's acceptance.
1.4 Prices and payment conditions
- The prices specified by the Seller in the stores (Apple, Google) are final amounts including the legally required VAT rate. Invoicing for the services will be done through the service provider (Apple, Google). The Consumer and/or professional can withdraw from the contract using the specific function in the subscriptions section of their profile (Apple or Google account) or by following the instructions contained in the “Terms and Conditions” section of the respective stores.
- The payment methods and invoicing are specified in the dedicated “Terms and Conditions” section of the Apple or Google stores.
1.5 Privacy
The Consumer, whether a consumer or a professional, acknowledges that the use of the Application and the services rendered through it are subject to the privacy policies of the Store owners and VIMAR S.p.A. The disclosure is made available to the Consumer at the following URLs:
1.6 Applicable law, court with jurisdiction
- If the party concluding the contract resides in one of the member countries of the EUROPEAN UNION, pursuant to point 1.2, all legal relationships between the parties will be governed by the law of the country where the Consumer has their habitual residence, with the express exclusion of the application of the United Nations Convention on Contracts for the International Sale of Goods. The sole court with jurisdiction for all disputes arising from this contract is the Consumer’s place of domicile.
- If the Consumer resides in countries not belonging to the EUROPEAN UNION, all legal relationships between the parties will be governed by the law of the country where the Seller has its registered office, with the express exclusion of the application of the United Nations Convention on Contracts for the International Sale of Goods. The sole court with jurisdiction for all disputes arising from this contract is the location of the Seller's registered office or the store owner's registered office.
1.7 Alternative dispute resolution
- The European Commission has established an on-line dispute resolution platform available at the following link: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_en. This platform serves as a reference point for the out-of-court resolution of disputes arising from on-line sales or service contracts involving a consumer.
- The Seller is neither legally obliged nor willing to participate in dispute resolution proceedings before a conciliation body.
2. General conditions of service
2.1 Introduction
This document assumes that the reader is familiar with the main concepts of the Vimar ecosystem, the VIEW App by Vimar, and particularly with the following concepts:
Home automation system
Administrator of a Vimar home automation system
Basic user of a Vimar home automation system
Refer to the documentation https://www.vimar.com/en/int/view-app-guide-17010122.html to find out more.
2.2 Purchase of a subscription and association with a system
PREMIUM subscriptions can be purchased from the Apple or Google stores using the Vimar VIEW App. Once purchased, the subscription must be associated with a system to benefit from the PREMIUM functions. This association can only be carried out by the system administrator. See also the section entitled “Subscription types” for a list of necessary devices that must be present in the system to benefit from the PREMIUM functions.
If the purchasing user is also the administrator of a single system, the association of the PREMIUM subscription with the system will automatically be done at the end of the purchase process. A subscription can be dissociated from one system and potentially transferred to another by the administrator of both systems. See the section entitled Duration and withdrawal for implications on expiry. If the purchaser of a PREMIUM subscription associated with a system loses their administration rights, the subscription is automatically dissociated from the system and made available again for assignment to one of the other systems (if any) for which the user is an administrator.
It is not possible to transfer a PREMIUM subscription to another MyVimar user.
2.3 Minimum system requirements for PREMIUM functions
The software/firmware versions of the system devices required to benefit from the PREMIUM functions are as follows:
- By-me Gateway: version 1.20.6 or higher
- IoT Connected Gateway: version r558 or higher
- IoT Connected Thermostatic Head 03989: version 1.1.1 or higher
- IoT Connected Rotary Thermostats 02973, 02974, 30810 and 30811: version 2.1.0 or higher
- IoT Connected Relay Module 03981: version 3.1.0 or higher
- IoT Connected 3IN 1OUT Module 03983: version 1.1.3 or higher
- IoT Connected Multifunction Actuator 4-output Relay 03985: version 1.1.4 or higher
- IoT Connected 0/1-10Vdc + Relay Actuator 03986: version 1.1.2 or higher
- IoT Connected Actuator xx593, 30803, 16493: version 2.2.2 or higher
- IoT Connected Switch xx592, 30802 and 16492: version 3.0.0 or higher
- IoT Connected Dimmer xx595 and 30805: version 1.2.2 or higher
- VIEW App: version 2.14.0 or higher
- By-alarm Gateway: version 1.20.4 or higher
- By-alarm Plus Control Unit: version 1.3.1 or higher
In the case of a VIEW Wireless system:
- After updating the device FW, a system synchronisation needs to be performed using the installer account of the VIEW Wireless App;
- Any connected 2-way switches such as art. xx592 and 30802 with FW version earlier than 3.0.0 must be deleted and reconfigured in the system using the installer account of the VIEW Wireless App.
2.4 Subscription duration
Each PREMIUM subscription has an annual duration with automatic renewal. The purchaser can stop the automatic renewal at any time before the subscription expires.
The interruption of the automatic renewal of a PREMIUM subscription must be done from a smartphone or tablet connected to the same store (Apple or Google) with the same user credentials used for the purchase. This can be done using either the Vimar VIEW App or the respective store App.
Once the automatic renewal of a subscription is interrupted, the purchaser can reactivate it at any time before the subscription expires.
The duration of a subscription commences from the moment of purchase, not from the association with a system. Consequently, the duration of a subscription does not change if it is dissociated from one system and/or transferred to another system.
A subscription cannot be interrupted in any way before its expiry.
A subscription cannot be suspended in any way during its validity period.
2.5 Subscription types
2.5.1 BASE plan
The functions provided by this subscription are:
- thermostat historical data: display of historical data for room temperature and set point, for WiFi and LTE surface mounting thermostats, for By-me thermostats and for View Wireless thermostats;
- energy historical data: enhanced granularity for hourly/daily/monthly/annual historical data of electricity consumption and photovoltaic production;
- light/various count: monitoring hours and number of activations for each light or generic load.
2.5.2 PLUS plan
The functions provided by this subscription are:
- thermostat historical data: display of historical data for room temperature and set point, for WiFi and LTE surface mounting thermostats, for By-me thermostats and for View Wireless thermostats;
- energy historical data: enhanced granularity for hourly/daily/monthly/annual historical data of electricity consumption and photovoltaic production;
- light/various count: monitoring hours and number of activations for each light or generic load.
- historical data of environment sensors: historical data of brightness, rain, wind (from the weather station), and temperature, humidity, air quality;
- burglar alarm system batteries: % charge status of By-alarm Plus radio devices.
To benefit from the functions associated with this subscription, your system must have at least one of the following devices:
- any Vimar thermostat included in a By-me or VIEW Wireless home automation system;
- any connected thermostat 02912 or 02913;
- a load control module included in a By-me or VIEW Wireless home automation system;
- an energy meter included in a By-me home automation system;
- any actuator configured as a light or generic load (see ‘Various’ aggregator in the VIEW App) within a By-me or VIEW Wireless home automation system;
- any humidity or temperature sensor included in a By-me home automation system;
- an air quality sensor 32042;
- a By-alarm Plus burglar alarm system with a gateway 03812;
- a KNX weather station 01546.
2.6 Service provision
All users of a system (both the administrator and basic users) can benefit from the PREMIUM functions associated with that system, in compliance with the permissions granted to them by the administrator. The functions of a PREMIUM subscription require the system gateways to be connected to the Vimar cloud. If a disconnection lasts for more than 24 hours, the data related to the period in question will not be available for consultation, even after the system's connection to the Vimar cloud is restored. The historical data of a system collected following the activation of a PREMIUM subscription will be available for consultation at any time during the validity of the subscription. Once the subscription expires without being renewed, the data in question will no longer be accessible to system users.
When replacing a device associated with a PREMIUM subscription, the subscription will be automatically transferred to the new device and will remain valid until its expiry date. Depending on the type of system and its configuration, data previously created by the replaced device may not be accessible via the VIEW App. In this case, the user may send Vimar a formal request to retrieve any data no longer available via VIEW; however, data recovery is not guaranteed and may be affected by technical limitations.