Instore Sales Terms and Conditions

ACTIVE MOBILITY LIMITED

SALES TERMS AND CONDITIONS (IN STORE)

These terms
1. These are the terms and conditions on which we supply goods to you.
2. Please read these terms carefully before you place an order. They tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.
Information about us and how to contact us
1. We are Active Mobility Limited, a company registered in England and Wales with registration number 04241253 and our registered office is at Active Mobility LTD, 40 Melton Road, Oakham, LE15 6AY.
2. You can contact us by telephoning our customer service team on 01789 298182 or by writing to us at Units 3 & 4 Avenue Fields Industrial Estate, Avenue Farm, Stratford-Upon-Avon, CV37 0HT or hello@activemob.co.uk.
3. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
1. We will confirm acceptance of your order in writing at which point a contract will come into existence between you and us.
2. If we are unable to accept an order, we will tell you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our brochure and website are solely for the promotion of our goods in the UK. Unfortunately, we only accept orders from the UK.
Our goods
1. The images of the goods in our brochure or on our website are for illustrative purposes only. Although we have made every effort to display the goods accurately, we cannot guarantee that a device's display of the colours or the printed picture in our brochure accurately reflects the goods. Your goods may vary slightly from those images. Although we have made every effort to be as accurate as possible because some of our goods are bespoke, all sizes, weights, capacities, dimensions, and measurements indicated on our website or brochure have a 5% tolerance.
2. The packaging of the goods may vary from that shown on images in our website or brochure.
3. If we are making the goods to measurements, you have given us you are responsible for ensuring that these measurements are correct. You can get information and tips on how to measure by contacting us. If we are making the goods to your specification, it is your responsibility to answer the assessment questionnaire honestly and accurately and check the responses are correctly recorded. As this is outside of our reasonable control., if the goods ordered are faulty because of incorrect measurements or answers on your questionnaire, we will not have any liability to you and will have no obligation to refund any goods.
warranty
All our new goods come with a 1-year warranty as standard, but it is your responsibility to return the goods to us at your expense to enable us to repair your goods and return the item to you. You can purchase warranty call out cover for £55, which covers you for three call outs for us or an appointed representative to come to your home and repair the goods with no extra charge to you. If you would like more information on this, please call us on 01789 298182, where we are happy to advise you on your best option. This does not affect your statutory rights.
Your rights to make changes
If you wish to make a change to the goods you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
1. We may change the goods:
  1. to reflect changes in relevant laws and regulatory requirements; and
  2. to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.
2. In addition, as we informed you in the description of the goods, we may make changes to these terms or the goods, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
Providing the goods
1. The invoice will specify whether the price quoted for scooters, wheelchairs, electric wheelchairs, riser chairs and ramps include delivery in mainland UK. We will inform you of the cost of delivery outside this area.
2. We recommend that you choose engineer delivery for Class 2 and Class 3 mobility scooters, riser chairs and power chairs to ensure the goods are assembled correctly and enable us to demonstrate how the goods work. We will inform you of the cost of an engineer delivery at the point of ordering.
3. During the order process we will let you know when we will provide the goods to you. We will also tell you during the order process when and how you can end the contract.
4. If supply of the goods is 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 will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
5. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of 9.30am to 4.30 pm on weekdays and 9.30am to 1.00pm on Saturdays (excluding public holidays) once we have confirmed they are available.
6. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave a note informing you of how to rearrange delivery.
7. If, after a failed delivery, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
8. If you do not allow us access to your property to assemble or install the goods as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 2 will apply
9. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
  1. we have refused to deliver the goods; or
  2. delivery within the delivery deadline was essential and you told us before we accepted your order that delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
10. The goods will be your responsibility from the time we deliver them to the address you gave us or when you collect them from us.
11. You own the goods once we have received payment in full.
12. We may need certain information from you so that we can supply the goods to you, for example, your medical needs and/or your requirements. If so, this will have been stated at the point of ordering. We will discuss this with you at the point of ordering. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
13. We may have to suspend the supply of a goods to:
  1. deal with technical problems or make minor technical changes;
  2. update the goods to reflect changes in relevant laws and regulatory requirements;
  3. make changes to the goods as requested by you or notified by us to you (see clause 7).
14. We will contact you in advance to tell you we will be suspending supply of the goods unless the problem is urgent or an emergency. If we have to suspend the supply for longer than 10 days, we will adjust the price so that you do not pay for goods while they are suspended. You may contact us to end the contract for the goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the goods in respect of the period after you end the contract.
15. If you do not pay us for the goods when you are supposed to (see clause 4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. We will not suspend the goods where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the goods during the period for which they are suspended. As well as suspending the goods we can also charge you interest on your overdue payments (see clause 12.5).
Your rights to end the contract
1. You may contact us to end your contract for the goods at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances, we may charge you for doing so, as described below. Of course, you always have rights where the goods are faulty or mis-described (see clause 11, “If there is a problem with the goods”).
2. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately, and we will refund you in full for any goods which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
  1. we have told you about an upcoming change to the goods or these terms which you do not agree to (see clause 2);
  2. we have told you about an error in the price or description of the goods you have ordered, and you do not wish to proceed;
  3. there is a risk that supply of the goods may be significantly delayed because of events outside our control;
  4. we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 days: or
  5. you have a legal right to end the contract because of something we have done wrong.
3. If you are not ending the contract for one of the reasons set out in clause 2, then the contract will end immediately and we will refund any sums paid by you for the goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
4. Unless you have a right to end the contract immediately (see clause 2), the contract will not end until 10 days after the day on which you contact us. We will refund any advance payment you have made for the goods not provided to you.
5. If you end the contract after goods have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
Our rights to end the contract
1. We may end the contract for the goods at any time by writing to you if:
  1. you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due;
  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, your medical needs and/or your requirements;
  3. you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us; or
  4. you do not, within a reasonable time, allow us access to your premises to assemble and install the goods if required.
2. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
3. We may write to you to let you know that we are going to stop providing the goods. We will let you know at least 3 days in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for the goods which will not be provided.
If there is a problem with the goods
1. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team at 01789 298182 or write to us at Unit 3 & 4 Avenue Fields Industrial Estate, Avenue Farm, Stratford-Upon-Avon, CV37 0HT or hello@activemob.co.uk. Alternatively, please speak to one of our staff in-store.
2. We are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

Goods, for example wheelchair, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:

up to 30 days: if your goods are faulty, then you can get an immediate refund.

Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
You may transfer our guarantee to a person who has acquired the goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by receipt of purchase.
Price and payment
1. The price of the goods (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the goods you order.
2. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
3. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods' correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
4. We accept payment with Visa, Visa Debit, Mastercard and Visa Electron. You must pay 60% of the goods at the point of ordering with the remainder payable at the time of booking the delivery. If the goods are for quick delivery, we require full payment at the point of ordering.
5. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so which includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 2; and for defective goods under the Consumer Protection Act 1987.
3. If we are assembling goods in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while assembling the goods.
4. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website here https://www.activemob.co.uk/privacy/
Other important terms
1. 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.
2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you do not need our agreement to transfer the benefit of our guarantee in clause 4.
3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 4 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the goods, we can still require you to make the payment at a later date.
6. These terms are governed by English law, and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
7. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Dispute Resolution Ombudsman. In the first instance please contact BHTA by emailing them on complaints@bhta.com or by letter to BHTA office, 404 Tower Bridge Business Centre, 46-48 East Smithfield, LONDON, E1W 1AW.