Below is the terms and conditions regarding all products and services offered by us.
TERMS & CONDITIONS
BY PLACING AN ORDER TO PURCHASE GOODS AND/OR SERVICES, YOU CONFIRM THAT YOU ACCEPT OUR TERMS & CONDITIONS, THESE TERMS & CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND ARE LEGALLY BINDING.
1.”Buyer” means the person who agrees to buy the goods from the Seller.
2.“Conditions” means the terms and conditions of sale set out in this document and special terms and conditions agreed in writing by the Seller.
3.“Goods” means the articles which the Buyer agrees to buy from the Seller.
4.“Price” means the price for goods excluding any VAT (if applicable).
5.“Seller” means Scooter & Mobilitymart.
Conditions Applicable: These conditions shall apply to all contracts for the Sale of goods by the Seller to the Buyer. The Buyer acknowledges that the Seller has informed him that any special conditions should be endorsed overleaf and that he has endorsed such terms as are set out here over.
All orders for Goods shall be deemed to be a offer by the Buyer to purchase Goods pursuant to these Conditions.
Pricing: The price shall be the price set out overleaf. Our prices exclude VAT unless stated otherwise. A deposit of the price will be paid on the date stated overleaf and the outstanding balance will be paid on delivery/collection of Goods.
VAT exemption: If you purchase an item for your personal use and you are chronically sick or disabled, are a registered charity or you are making the purchase on behalf of an individual who is chronically sick or disabled for their personal use, you may be entitled to purchase the item without having to pay VAT. You will be required to make a declaration to confirm that the VAT exempt status applies. It is your responsibility to give accurate information and to not make a false declaration.
Warranties & Liabilities: New goods purchased are guaranteed for 12 months (unless otherwise stated) from the date of delivery against faults arising due to defects in manufacture of materials. (This does not apply to Pre-owned/second goods) Exclusions - in the case of mobility vehicles/wheelchairs the guarantee does not cover: tyres, tubes, punctures, bulbs, upholstery, motor brushes, fuses of batteries or any other item that may need replacing due to normal wear and tear conditions.
Delivery: The delivery date is approximate and the Seller shall not be liable for any delay in the delivery of the Goods beyond reasonable control. Time for delivery shall not be the essence of the contract. If the Seller is unable to deliver the goods within 12 weeks of the Delivery Date, then either party shall be entitled to rescind the contract and any deposits paid shall be returned and this contract deemed cancelled. Please note it is your responsibility to ensure access for delivery and installation of these items and we will not be liable for any damage caused by inadequate access.
Concluding a binding contract: Your signature confirms a binding contract on your order placed.
Damaged and Faulty Items: If any item we have supplied is damaged on receipt or, within 6 months of supply, develops a fault, we will ask you to return the item to us for inspection. We will then replace or repair the item free of charge. You may have additional manufacturers' warranties with some products such as electrical items giving you additional rights and you should check these carefully. To return a damaged or faulty item you must contact us to arrange collection.
Liability for our mistakes: We will not be liable for any loss or damage (in contract, negligence or otherwise) where: There is no breach of a legal duty of care owed to you by us, the loss or damage is not a reasonably foreseeable result of any such breach or any loss or damage or increase in loss or damage from a breach of these terms and conditions. Nothing in these terms & conditions excludes or limits our liability for fraudulent misrepresentation or for the death or personal injury caused by our negligence.
Waiver: No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
Governing law: These Terms and Conditions are subject to the laws of England and Wales and each of us hereby submits to the non-exclusive jurisdiction of the English and Welsh courts.
Our complaints policy: We are committed to providing a high-quality customer service to our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards. If you have a complaint, please contact us with the details.
On-premises contracts: The Regulations define an 'on-premises contract' as: 'a contract which is neither off-premises nor a distance contract', which effectively means a contract made on business premises, whatever they may be: 'Business premises' includes a trader's permanent premises and well as temporary premises (such as a market stall) where they usually operate. Traders who visit a consumer in his home and leave a quotation (or send one to them later), allowing him to decide and enter into a contract when he is ready to do so, will be entering into an 'on-premises contract'. This is because this transaction does not fall within the definition of an 'off-premises contract' unless the consumer agrees to the contract immediately after the trader has left their home and are not required to give cancellation rights.
Off-premises contracts: The Regulations define an 'off-premises contract' as a contract made where a consumer and trader are together and agree the contract in a place that is not the trader's business premises - for example, in a consumer's home. The following cancellation right apply to Off-premises Contracts only. Your rights under an Off -Premises Contract are to have the opportunity to inspect items you receive from us. Unless it is necessary to remove any hygiene seal or wrapping to inspect or assess an item, removal of such packaging shall be deemed to constitute a failure on your part to keep the items in reasonable Condition and you will be in breach of your legal obligations. We are entitled to exercise our statutory rights in recovering any losses we incur in this respect.
Cancellation Rights: You have the right to cancel this contract within 14 days. To exercise your right to cancel, you must inform us by telephone or post, it is sufficient for you to send your communication before the cancellation period has expired, to meet the cancellation deadline. The cancellation period will expire 14 days from the date signed on your contract. Once we receive notice from you that you wish to cancel your order we will refund the purchase price for that item. You will be responsible for the return of goods and costs associated in returning the item to us.
If you wish to cancel an item, provided you return the item to us within 14 days of the end of the cooling off period and in re-sellable condition. (We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.)
We will refund the full contract price you paid. We will make reimbursement without undue delay, and not later than 14 days after the day we receive back from you any goods supplied. We will make reimbursements using the same means of payment as you used for the initial transaction.
This right does not apply to certain items such as: Items of a personal nature. Any appliance that is made from materials that may be distorted if worn. Any item which requires us to provide a service before approving the item for supply - provided that we have begun to provide the service with your agreement. Any item that is made or customised to order. To exercise your cancellation right, follow the instructions in 'How to Return Items' below.
How to return items: You have a legal responsibility to keep the items in reasonable condition and in your possession until they are returned to us. All products must be returned complete, unused, in an undamaged state and in their original packing. This includes, for example, keeping any hygiene seals and clear plastic wrappings in place. You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature and functioning of the goods. To return an item you wish to cancel you must confirm cancellation and return the item within the 14 day cancellation period. However, if you are unable to do so we can arrange the collection for the goods for you at a cost of £75. (If we arrange for your collection, but there is nobody at the address who can hand over the delivery on the date agreed, you will be charged the full amount to reschedule this collection.)
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT YOUR STATUTORY RIGHTS