SIMPLELIFE MOBILITY TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.simplelifemobility.co.uk ("our site") to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1.1 We operate the website www.simplelifemobility.co.uk. We are Simplelife Mobility, registered in England and Wales under company number 647407. Our VAT number is 135 5970 95.
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Products has been dispatched ("Dispatch" and "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation or, where we are required specially to order Products for you, at the time we commence work on your order.
2.2 The Contract will relate only to those Products whose Dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the Dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.1 Except where we have specially ordered Products for you, you may cancel the order at any time prior to Dispatch.
3.2 Where we have specially ordered Products for you and you cancel the order we reserve the right to invoice to you and you undertake to pay to us any costs incurred by us in processing your order up to the order value.
4.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
4.2 Time of Dispatch and/or delivery shall not be of the essence in respect of any orders you place with us.
4.3 We reserve the right to make partial deliveries.
4.4 Delivery charges may apply to orders below our minimum order value or if you have special delivery requirements. These charges will be added during the checkout process.
4.5 If we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products.
5.1 The Products will be your responsibility from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
5.3 Until ownership of the Products has passed to you, you shall:
5.3.1 hold the Products on a fiduciary basis as our bailee;
5.3.2 store the Products separately from all other goods held by you so that they remain identifiable as our property;
5.3.3 maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery, but you may resell or use the Products in the ordinary course of business.
5.4 If before ownership of the Products passes to you, you become subject to any of the events listed in clause 13 or we reasonably believe that any such event is about to happen and notify you accordingly, then, provided that the Products have not been resold or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any of your premises where the Products are stored in order to recover them.
6.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
6.2 Product prices exclude VAT which will be shown separately during checkout and on our invoice. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
6.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
6.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
6.6 When ordering on www.simplelifemobility.co.uk, all payment for products must be made on the website checkout or via one of our customer service advisors. We accept most major credit and debit cards.
6.7 Payment may be made by cheque payable to “Simplelife Mobility” and should be sent to our address. Orders will only be processed after funds have cleared to our Bank.
6.8 All amounts due to us from you shall be paid without deduction and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any amount in whole or in part.
7.1 If you wish to return unused unwanted Products to us, you can do so for up to 6 months after our original supply. Please contact us and Returns Documentation will be issued for you to complete and return with the Products, which must be in the original undamaged packaging.
7.2 Return of the Products is at your expense and is your responsibility. Returns must be sent back to Simplelife Mobility's address or another address of our choice which you will be advised of at time of return.
7.3 Provided that the Products are found on arrival at Simplelife Mobility (or other address of our choice) to be unused, in undamaged condition as despatched and in the original undamaged packaging, the goods will be credited at the original invoiced value less distribution cost and less restocking fees as follows: • within 2 weeks of purchase, no restocking fee; • over 2 weeks but up to 2 months after purchase, 20% restocking fee; and • over 2 months but up to 6 months after purchase, 40% restocking fee.
7.4 Where you return Products we have specially ordered for you the credit will be further reduced by any costs incurred by us up to the order value.
7.5 We will refund any money received from you, normally by using the same method originally used by you to pay for your purchase.
8.1 We warrant to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
8.2 Products supplied to you may require assembly or minor adjustments before they can be shown to, sold to or used by your customers. Such processes are your responsibility and are carried out at your expense and risk.
9.1 If you receive Products that are defective you must contact us within 7 working days of receipt of the Products with a clear statement of the defect.
9.2 Problems with assembly and minor adjustments to Products as mentioned in Condition, 8.2 above do not constitute Defective Products under this condition.
9.3 We will either agree with you a means of rectifying the defects or (where appropriate in our opinion) agree to replacement of the Products, subject to them being returned to us for inspection.
9.4 If the Products are to be returned, Returns Documentation will be issued for you to complete and return with the returned Product, which must be in the original undamaged packaging.
9.5 Return of the Products is at your expense and is your responsibility. All returns must be sent back to Simplelife Mobility’s address (or other address of our choice).
9.6 Provided that the Products are found on arrival at Simplelife Mobility to be defective as described and in the original undamaged packaging, the goods will be credited at the original invoiced value including any delivery charges and with allowance for return carriage.
9.7 Replacement Products will then be despatched and invoiced to you.
9.8 We shall not be liable for defective Products in any of the following events:
9.8.1 you make any further use of the Products after giving notice in accordance with clause
9.8.2 the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
9.8.3 you alter or repair such Products without our written consent;
9.8.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
9.8.5 the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
10.2.1 loss of income or revenue;
10.2.2 loss of business;
10.2.3 loss of profits;
10.2.4 loss of anticipated savings;
10.2.5 loss of data; or 10.2.6 waste of management or office time. However, this clause 10.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by sub-clauses 10.2.1 to 10.2.6 of this clause 10.2.
10.3 We do not in any way exclude or limit our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
10.3.4 defective products under the Consumer Protection Act 1987; or 10.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.4 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. We will notify you when a third party is involved in a transaction, and we may disclose information related to that transaction to the third party seller.
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
You Sell You must keep the following records of customers to whom you have sold mobility Products we have supplied to you: Customer Name Customer Address and Postcode Date of Sale Simplelife Mobility Product Number/Code and Product Type supplied Product Serial Number You and we are required by law to ensure that these types of product are fully traceable in this way and you are required to deliver these details to us on request from us.
13.1 If you become subject to any of the events listed in clause
13.2 or we reasonably believe that you are about to become subject to any of them and we notify you accordingly, then, without limiting any other right or remedy available to us, we may cancel or suspend all further deliveries to you without incurring any liability to you, and all outstanding sums in respect of Products delivered to you shall become immediately due. 13.2 For the purposes of condition 13.2, the relevant events are:
13.2.1 you suspend, or threaten to suspend, payment of your debts, are unable to pay your debts as they fall due or admit inability to pay your debts, or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986;
13.2.2 you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
13.2.3 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up;
13.2.4 a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
13.2.5 an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
13.2.6 a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver;
13.2.7 a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
13.2.8 any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 13.2.1 to 13.2.7 (inclusive);
13.2.9 you suspend, threaten to suspend, cease or threaten to cease to carry on all or substantially the whole of your business; and
13.2.10 your financial position deteriorates to such an extent that in our opinion your capability adequately to fulfil your obligations has been placed in jeopardy.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be passed to Simplelife Mobility at address, Glove House, Bradley Road, Stourbridge, West Midlands, DY8 1UX or firstname.lastname@example.org We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks;
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
17.2.7 pandemic or epidemic.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this clause limits or excludes any liability for fraud.
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.