Terms and Conditions of Sale for Online Sales1. THESE TERMS
1.1 These are the terms and conditions on which we supply goods to you.
1.2 Please read these terms carefully before you submit your 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 that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Active Mobility Limited, a company registered in England and Wales with registration number 04241253 and our registered office is 16a Suite 18, Oakham Enterprise Park, Rutland. LE15 7TU.
2.2 You can contact us by telephoning our customer service team on 01789 298182 or by writing to us at Midland House, Avon Retail Park, Wharf Road, Stratford-Upon-Avon, CV37 0AD or firstname.lastname@example.org.
2.3 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.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 We will confirm out acceptance of your order in writing at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform 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.
3.3 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.
3.4 Our brochure and website are solely for the promotion of our goods in the UK. Unfortunately, we only accept orders from the UK.
4. OUR GOODS
4.1 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 pictures 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.
4.2 The packaging of the goods may vary from that shown on images in our website or brochure.
4.3 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.
4.4 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.
All our new goods come with a one-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.
6. 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.
7. OUR RIGHTS TO MAKE CHANGES
7.1 We may change the goods:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and
7.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.
7.2 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.
8. PROVIDING THE GOODS
8.1 The invoice will specify whether the price quoted for scooters, wheelchairs, electric wheelchairs, riser chairs and ramps includes delivery in mainland UK. We will inform you of the cost of delivery outside this area.
8.2 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.
8.3 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.
8.4 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.
8.5 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 5.00pm on weekdays and 9.30am to 1.00pm on Saturdays (excluding public holidays) once we have confirmed they are available.
8.6 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.
8.7 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 11.2 will apply.
8.8 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 11.2 will apply
8.9 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:
8.9.1 we have refused to deliver the goods; or
8.9.2 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).
8.10 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.
8.11 You own the goods once we have received payment in full.
8.12 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 11.1) 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.
8.13 We may have to suspend the supply of a goods to:
8.13.1 deal with technical problems or make minor technical changes;
8.13.2 update the goods to reflect changes in relevant laws and regulatory requirements;
8.13.3 make changes to the goods as requested by you or notified by us to you (see clause 6).
8.14 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.
8.15 If you do not pay us for the goods when you are supposed to (see clause 13.4) 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 13.6). 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 13.5).
9. YOUR RIGHTS TO END THE CONTRACT
9.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.3 If you have just changed your mind about the goods, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
9.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
9.2 If you are ending a contract for a reason set out at 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
9.2.1 we have told you about an upcoming change to the goods or these terms which you do not agree to (see clause 7.2);
9.2.2 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;
9.2.3 there is a risk that supply of the goods may be significantly delayed because of events outside our control;
9.2.4 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
9.2.5 you have a legal right to end the contract because of something we have done wrong.
9.3 For most goods bought off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 You do not have a right to change your mind in respect of:
9.4.1 any goods that are bespoke to your personal specifications;
9.4.2 goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
9.4.3 any goods which become mixed inseparably with other items after their delivery.
9.5 You have 14 days after the day you (or someone you nominate) receives the goods to change your mind, unless:
22.214.171.124 Your goods are split into several deliveries over different days in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
126.96.36.199 Your goods are for regular delivery over a set period in which case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
9.6 Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. 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.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 To end the contract with us, please let us know by calling customer services on 01789 298182 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.2 If you end the contract for any reason after the goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods 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. Please call customer services on 01789 298182 or email us at firstname.lastname@example.org for further details. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
10.3 We will pay the costs of return:
10.3.1 if the goods are faulty or misdescribed;
10.3.2 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 have a legal right to do so as a result of something we have done wrong; or
10.3.3 if you are exercising your right to change your mind,
In all other circumstances you must pay the costs of return.
10.4 If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery provided at the point of ordering.
10.5 We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 If you are exercising your right to change your mind:
10.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before, we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of the goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
10.7.1 We have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return the goods to us, see clause 9.8.
10.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract for the goods at any time by writing to you if:
11.1.1 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;
11.1.2 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;
11.1.3 you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us; or
11.1.4 you do not, within a reasonable time, allow us access to your premises to assemble and install the goods if required.
11.2 If we end the contract in the situations set out in clause 11.1 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.
11.3 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.
12. IF THERE IS A PROBLEM WITH THE GOODS
12.1 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 Midland House, Avon Retail Park, Wharf Road, Stratford-Upon-Avon, CV37 0AD or email@example.com. Alternatively, please speak to one of our staff in-store.
12.2 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.
SUMMARY OF YOUR KEY 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.
12.3 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.
13. PRICE AND PAYMENT
13.1 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 13.3 for what happens if we discover an error in the price of the goods you order.
13.2 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.
13.3 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.
13.4 We accept payment with Visa, Visa Debit, Mastercard and Visa Electron. You must pay 50% of the goods at the point of ordering with the remainder payable at the time of delivery. If the goods are for quick delivery we require full payment at the point of ordering.
13.5 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.
13.6 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.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 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.
14.2 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 12.1; and for defective goods under the Consumer Protection Act 1987.
14.3 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.
14.4 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.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. OTHER IMPORTANT TERMS
16.1 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.
16.2 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.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, except 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.
16.4 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.
16.5 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.
16.6 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.
16.7 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 on 0207 7022141.
16.8 Mark Bates Limited - Active Mobility Ltd, Midland House, Avon Retail Park, Wharf Road, Stratford upon Avon, Warwickshire, CV37 0AD, is an appointed representative of Mark Bates Limited of Premier House, Harlaxton Road, Grantham, Lincs, NG31 7JX, which is authorised and regulated by the Financial Conduct Authority. Register number: 308390.
16.9 Telephone calls made to Active Mobility may be recorded for:
1. Training purposes and quality control
2. To assess compliance with regulatory practices applicable to Active Mobility and for no other purpose