Ohme General Terms and Conditions for Products and Installation Services (UK only)

1. Who we are

1.1. Your contract is with Ohme Operations UK Limited of 5th Floor, Wellington House, 125-130 The Strand, London WC2R 0AP where:

1.1.1. you are a consumer and are a resident in the United Kingdom or the Channel Islands when you order an Luma product(s); or

1.1.2. you are a business and are registered in the United Kingdom or the Channel Islands at the point these terms take effect.

1.2. In these terms, the relevant Luma company is referred to as “Ohme”, “we”, “us” or “our”.

2. These Terms

2.1. The terms on this page, together with our Privacy Policy, Mobile App End User Terms (for mobile app users only), Terms of Use and (where you are a fleet operator) the Fleet Terms and Conditions (together the “Terms”) apply to:

• Any order placed by you for the supply of Luma intelligent electric vehicle (“EV”) product(s) (“Ohme Product”).
• Where Luma provides you with installation services for the Luma Product (“Installation Services”).

2.2. Our Mobile App End User Terms apply to your use of an Luma Product with the service you connect to in relation to charging your electric vehicle (“Service”) via our Luma mobile software application ‘Ohme – Intelligent EV charger’ (“App”).

2.3. Business customers do not have all of the same rights as consumers under these Terms. Where a term applies just to businesses or just to consumers, this is stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft, or profession, even if you are an individual.

3. About Luma products

3.1. You can find everything you need to know about us and our Luma Products on our website (ohme-ev.com) before you order.

3.2. You must read and comply with the user manual for the relevant Luma Product. The installation of the Luma Product must be carried out in accordance with the installation instructions and executed in accordance with all applicable electrical wiring regulations at the place of installation by a qualified electrical installer.

3.3. Luma Products may not work effectively unless you have sufficient mobile coverage and to use the Service you must use the App to enable intelligent charging features on your Luma Product.

3.4. Luma Products may only be used in countries in which Luma operates, which are indicated on the geolocator function on our website. We do not promise that the Luma Product and/or the Service can be used or will be available in other locations. If you are using an Luma Product and/or accessing the Service from outside one of these territories, you do so at your own risk and are responsible for compliance with laws in your jurisdiction.

4. About the Service

4.1. When you receive your Luma Product you will need to download the App and create a user account (“Account”) in order to access the Service. You will not be able to access the Service until you do so. You can still use the Luma Product to charge your EV without downloading the App and accessing the Service but if you do not have an Account, you will not be able to access the additional capabilities of your Luma Product.

4.2. Please see our Mobile App End User Terms (available to App users) for more information.

5. Ordering Luma products

5.1. If you are a consumer, you can purchase Luma Products from us by placing an order through our website (by following the onscreen instructions) or via one of our Luma partners.

5.2. Our order process allows you to check and amend any errors before submitting your order to us. You must ensure that your order is complete and accurate.

5.3. You will receive an email from us to confirm we have accepted your order. This email will contain your order number. Please keep this order number safe.

5.4. Sometimes we cannot accept your order, for example, when an Luma Product is unexpectedly out of stock, there is an error in the price or description of the Luma Product, or because we are unable to meet a delivery deadline. If this happens, we will email you to let you know and we will not charge you for the Luma Product.

6. Our charges for Luma products

6.1. The order pages on our website will display the price of the Luma Product (including any additional delivery fees), or our Luma partners will communicate the price of the Luma Product to you. You will also receive free GSM connectivity for the life of your Luma Product where you use the Service and enable smart charging (unless there are unexpected costs outside of our control, in which case, we will provide reasonable notice to you). If you purchased your Luma Product before 4 July 2024 and opt out in accordance with the Mobile App End User Terms on or after such date, you will only receive free GSM connectivity for the first three years from ordering your Luma Product.

6.2. All prices include VAT and are subject to change.

6.3. Once an order is placed, we are unable to make any changes or amendments to orders. If you wish to add items, please place a separate order.

7. Delivery of Luma products

7.1. If the Luma Product is in stock, we aim to send all orders within two (2) working days from our acceptance of your order. We will send you an email once your order has been sent. If the Luma Product is out of stock, we will contact you with an estimated date for when we expect to have it back in stock and ready for delivery.

7.2. From the point of delivery at the address set out in your order, the Luma Product will be your responsibility.

7.3. If the delivery or supply of the Luma Product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay, but we will not be responsible or compensate you for the delay. If you are a consumer and there is a substantial delay in us being able to despatch the Luma Product to you, you can contact our customer service team to end the contract using the details at the end of these Terms and receive a refund.

8. Changing your mind and returning your order as a consumer

8.1. If you are a consumer, you have a legal right to change your mind about your purchase and receive a full refund for what you paid for the Luma Product(s). This is subject to some conditions, as set out below.

8.2. If you have changed your mind about an order, you must let you know no later than 14 days from the date of delivery of the Luma Product(s). To let us know you want to change your mind, contact us using the details at the end of these Terms. We will email you to confirm we have received your cancellation and provide details of where to return the Luma Products to.

8.3. You must return the Luma Product(s) to us at the address set out below within 14 days of you telling us you have changed your mind, and it must be returned to us unused, in the original packaging and in the same condition in which you received it. If you live in the United Kingdom or the Channel Islands, please return to Ohme Operations UK Limited at Unit 1, Stephen Wade Way, Manor Lane, Hawarden, CH5 3FN.

8.4. Returns are at your own cost, and you are responsible for the Luma Product until it is received by us. We recommend that you use a tracked and insured returns process.

8.5. Once your return has been received by us, we will send you a confirmation email. We will refund you as soon as possible and within 14 days from the day on which we receive the Luma Product(s).

9. Product warranty

9.1. Luma provides a product warranty for a period of: (i) 24 months from the date of purchase or delivery (whichever is later) for portable charging cables purchased in and delivered to the UK (on or after 1 July 2022); and (ii) 36 months from the date of installation for home chargers purchased in and delivered to the UK, that on purchase, delivery, or installation (as applicable) it shall:

9.1.1. conform with the description of the Luma Product described on our website at the time of purchase; and

9.1.2. be free from material defects in materials or workmanship under normal use.

9.2. To make a product warranty claim, please follow the instructions at paragraph 10.

9.3. The product warranty does not cover any issues that are caused by conditions, malfunctions or damage not resulting from defects in the Luma Product and does not cover damage or malfunction directly caused by abuse, misuse, negligence, accident, or improper use.  This includes (without limitation) the following circumstances where you will not be able to claim under the product warranty:

9.3.1. you make further use of the Luma Product after telling us that the Luma Product does not conform with the description or is defective;

9.3.2. you alter or repair the Luma Product or there has been improper use of it;

9.3.3. you do not have sufficient mobile coverage for the Luma Product to enable intelligent charging;

9.3.4. there has been incorrect or improper installation by an installer who has not been arranged and sent directly by us;

9.3.5. the defect arises as a result of fair wear and tear, vandalism, bad weather, or damages to your own electricity supply, if you do not take reasonable care, you do not store the product properly  or there has been exposure of the Luma Product to environmental conditions unsuitable for its use;

9.3.6. the Luma Product differs from its description due to changes required to ensure it complies with applicable statutory or regulatory requirements; or

9.3.7. electrical supply quality to your Luma Product is not within regulated tolerances at the point of installation or there are otherwise issues with your electrical supply which impact or prevent the operation of your Luma Product.

9.4. The product warranty is dependent upon you complying with your payment obligations for the Luma Product. In the event of non-payment, default on instalment payments, or any other breach of the agreed payment terms, the warranty coverage for the home charger shall be voided after 12 months from the date of delivery and Luma has the right to refuse any warranty claims and deny any repair or replacement requests.

9.5. Extended Product Warranty. For certain Luma Products, customers in the UK may be offered the opportunity to extend their product warranty by a further 24 months by purchasing an extended warranty from Ohme. Where an extended warranty is purchased by a customer, the extended warranty will not cover installation works and the existing product warranty terms and conditions (as set out in paragraph 9.1) shall otherwise apply to the extended warranty period.

10. If there is something wrong with your product

10.1. If you think there is something wrong with your Luma Product, you must contact our customer service team on the details at the end of these Terms. We honour our legal duty to provide you with products that that meet all the requirements imposed by law.

10.2. We will only repair, replace, or refund an Luma Product where the conditions of our product warranty or any extended warranty applies (as set out in paragraph 9).

10.3. You will need to return the Luma Product by following the instructions from our customer service team. You are responsible for the Luma Product until it has been returned to us. We will email you to confirm receipt of the returned Luma Product.

10.4. Where we are returning a repaired Luma Product or providing a replacement Luma Product under our product warranty or any extended product warranty:

10.4.1. we will refund the basic delivery costs to return the Luma Product to us;

10.4.2. we will aim to send you this within 14 days of receipt of the returned product (subject to stock availability);

10.4.3. it will be covered by our product warranty or any extended product warranty for: (i) any remaining warranty period of the original Luma Product; or (ii) for 180 days from the date of the replacement or repair of the Luma Product, whichever is longer; and

10.4.4. we will issue a refund if a faulty Luma Product is returned, and we are unable to repair or replace the Luma Product in question. Where we are providing a refund for an Luma Product under this paragraph 10.4.4, we aim to process the refund within 14 days of receipt of the returned product.

10.5. We will not undertake a repair or accept the return or replacement of a Luma Product where any defect or damage is caused by you and/or where any of the circumstances set out at paragraph 9.3 apply. If an Luma Product is damaged due to your misuse, negligence, accident, or improper use, any repairs and delivery charges will be at your cost.

10.6. These Terms apply to any repaired or replacement Luma Product(s) supplied by us to you.

11. How we provide our installation services

11.1. Arranging an installation. You may request installation of your Luma Product by requesting this through our website or via one of our Luma partners. You will be asked to complete a questionnaire. Please complete this accurately as we will use the results to determine whether the installation is ‘standard’ or ‘non-standard’. 

11.2. Installation costs. For a standard installation, the Installation Services will be at no additional cost to you. For a non-standard installation, we will send you a quote and when you have confirmed approval of this cost, we will book an installation time. In all cases, we will confirm your installation time by email and payment is required prior to your installation time.Your confirmed approval of this cost and payment will be required prior to booking a revised installation time. If, on attendance at the site, it is determined that an installation booked as a standard installation will require additional work, the installation will become a non-standard installation and a quote will be provided for your approval.

11.3. Cancelling an installation. You may cancel the Installation Services up to 48 hours before the installation time at no cost. If you cancel between 24 and 48 hours prior to installation time, you will incur a charge of £50 plus VAT for both standard and non-standard installations. If you cancel with less than 24 hours’ notice, then you will be required to pay 100% of the installation fee which will be confirmed to you following such cancellation.

11.4. Installation on-site requirements. In order for a person authorised by Luma to provide the Installation Services (the “Installer”), the following conditions must be met.

11.4.1. You, or a person that is age 18 or above authorised by you (“Authorised Person”), must be on-site at the time of the Installation Services.

11.4.2. You agree that the Authorised Person can make any necessary on-site decisions on your behalf, such as the placement of the Luma Product or location of the cabling.

11.4.3. The site must be safe and secure for the Installation Services before and during the installation time.

11.4.4. You must secure all permissions necessary for the Installation Services to take place and provide these permissions to us in advance where requested.

11.4.5. The Installer may review the cable route whilst on-site and ask you to sign off digitally on the cable route agreed.

11.5. Additional works beyond our control. In some circumstances, additional works may be required before your Luma Product can be installed. This includes where a local distribution network operator (DNO) has notified you or us that additional work is required before installation. Such delays are outside our control, and we cannot go ahead until such additional works have been completed.

11.6. Post-installation costs. Where additional works are required following installation of an Luma Product, for example, moving the Luma Product, then such additional works will be chargeable, and we will provide you with a quote prior to undertaking the works.

11.7. Aborted visits. If, at the installation time, the Installer is denied entry, has waited on-site for 10 minutes or more with no response or access, or has safety or other concerns (including on-site safety or unsafe weather conditions) regarding the intended Installation Services going ahead, then the Installer may choose to abort the Installation Services. We may choose to recover from you any reasonable costs incurred as a result of an aborted visit caused by you.

11.8. Installation times are estimates only. Installation times are estimates only, and we will not be responsible for any losses where an Installer does not arrive by the arranged installation time.

11.9. Reasonable skill and care. We will carry out the Installation Services with reasonable skill and care.

11.10. Guarantee. We provide a 3-year guarantee on the Installation Services carried out by or on behalf of Ohme, provided always that no additional work (which has not been agreed by us) has been undertaken since the original installation. Ohme shall not be responsible in any way where installation is carried out by a third party not arranged by Ohme.

11.11. Reservation of rights. You are responsible for providing complete and accurate responses to your home survey and for securing all permissions necessary for the Installation Services to take place and provide these permissions to us in advance where requested. This includes, without limitation, obtaining council consent where required and complying with any requirements specified in such consent.  Where we become aware that your responses to the home survey are not complete and accurate or that the required permissions have not been obtained or complied with or that the charger has been installed or is being used in contravention of applicable laws, we reserve the right to take such action as we deem appropriate in the circumstances to prevent further use of the charger in contravention of the applicable permissions or laws. This may include (without limitation) refusing installation of the charger, disconnecting the charger or removing the charger at your cost.

12. Changes to these Terms

We may need to change these Terms from time to time. Unless changes are minor or required to comply with law, we will give reasonable notice of any changes to our Terms by sending you an email/message or notifying you of a change when you next use the website or start the App. Any changes will also be posted on our website.

13. Ownership of intellectual property rights

We are the owner (or the licensee) of all intellectual property rights in the Luma Product (including the embedded software).

14. Restrictions on your use of the Luma product

14.1. We cannot promise that:

14.1.1. the Luma Product will be compatible with all vehicles;

14.1.2. the Luma Product will charge your EV in accordance with the charge schedule; or

14.1.3. updates or all features of such updates will be available to, or compatible with, any Luma Products sold or installed prior to the release date of such updates.

14.2. You must not:

14.2.1. tamper with or disassemble any part of the Luma Product;

14.2.2. remove or tamper with the SIM card provided with the Luma Product, use an alternative SIM card not provided by us, or use the SIM card provided with any other device;

14.2.3. use the Luma Product if you know or suspect that it might be damaged in any way; or

14.2.4. use the Luma Product in an unsafe manner, including (without limitation) on a public highway unless you have first obtained all requisite permissions to do so and comply fully with any conditions specified in such permissions (including without limitation any health and safety related requirements).

14.3. All repairs to the Luma Product(s) shall be conducted by us and you must promptly notify us of any issues you have with your Luma Product.

15. Our responsibility for loss or damage to you

15.1. If you are a consumer user:

15.1.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

15.1.2. We are not responsible for avoidable damage. We will not be responsible for damage that you could have avoided by taking reasonable action, including by following our advice or for damage caused by you failing to correctly follow our instructions.

15.1.3. We are not liable for business losses. If you use the Luma Product and/or Service for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or any indirect or consequential loss arising under this contract, and our total responsibility to you for all other losses shall be limited to the total amount paid by you for the Luma Product.

15.1.4. We are not responsible for events outside our control. If the Luma Product, Service, and/or Installation Services are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we shall not be responsible for any delays or failures caused by the event. If there is a risk of substantial delay, you may contact us to end your contract with us.

15.2. If you are a business user:

15.2.1. We exclude all implied conditions, warranties, representations, or other terms that may apply to the Luma Products, Service, and/or Installation Services.

15.2.2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for  any loss of profits, sales, business, revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage arising under or in connection with any contract between us.

15.2.3. Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total amount paid by the customer for the Luma Product.

15.3. Whether you are a consumer or a business user. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We do not have responsibility for losses which are caused by you, your vehicle, or third-party involvement or circumstances outside our control. This includes:

15.3.1. your use and/or misuse of the Luma Product(s);

15.3.2. a fault with your vehicle;

15.3.3. where you do not have sufficient mobile coverage for the Luma Product to provide the Service;

15.3.4. a failure in the power supply or electrical distribution when an Luma Product is charging your vehicle;

15.3.5. any third-party products or services that are beyond our control which we rely on to provide part of the Service or Installation Services, including installation error or damage caused by installation to physical property (e.g. the wall or electricity supply); or

15.3.6. a third-party operating flexibility services which damages your Luma Product.

16. Ending the installation services

16.1. We may suspend or end your right to use the Installation Services if you have broken these Terms at any time. If what you have done can be put right, we will give you a reasonable opportunity to do so.

16.2. You cancel the Installation Services in accordance with paragraph 11.3 above.

17. Your privacy

Under data protection legislation, we are required to provide you with certain information including how we use the personal data we collect through the Installation Services and purchase of the Luma Products. This information is provided in our Privacy Policy.

18. We may transfer these Terms to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

19. You can only transfer these Terms to someone else if we agree

You may not transfer these Terms to someone else unless we agree to this. However, you can transfer your guarantee for the Installation Services to a new owner of the Luma Product. We may require the new owner to prove you transferred the Luma Product to them.

20. No rights for third parties

These Terms are between you and us. Nobody else has any rights under these Terms (except someone you pass your guarantee on to) to enforce any of its Terms.

21. Which laws apply and where to bring claims

21.1. If you are a consumer:

21.1.1. These Terms, their subject matter, and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction for any claims except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

21.2. If you are a business:

21.2.1. These Terms, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

22. Contacting us

22.1. If you have any queries about these Terms or need to contact us for any reason, please email our customer service team at [email protected] or message us through our in-App messaging service.

22.2. Our customer service team will do their best to resolve any problems you have with us or our Luma Products or Service.