McCarthy Mobility Furniture - Terms & Conditions

TERMS & CONDITIONS

1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

  1. Event Outside Our Control: is defined in clause 10.2;
  2. Goods: the goods that We are selling to you as set out in the Order;
  3. Order: your order for the Goods whether orally or in writing;
  4. Specification: any specification for the Goods, including any related plans, drawings, pictures and information that are sent by email or by post.
  5. Terms: the terms and conditions set out in this document; and
  6. We/Our/Us: MCCARTHY MOBILITY FURNITURE LIMITED registered in England and Wales with company number 10739612 of Group Adp Thremhall Park, Start Hill, Bishop's Stortford, Herts, England, CM22 7WE.

1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail.

 

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which We supply Goods to you.

2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you make an Order. If you think that there is a mistake or require any changes, please contact Us to discuss.

2.3 When you make Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods, We will inform you of this and We will not process the Order.

2.4 Once you have signed the Order, a legally binding contract will come into existence between you and Us. A copy of the Order will be given to you at the time of signing. The number of your Order will be printed on the Order and you should quote this number in all subsequent correspondence with Us relating to the Order.

2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.

2.6 Our website is solely for the promotion of Our Goods in the UK. Unfortunately, We do not accept orders to addresses outside the UK.

2.7 The images of the Goods on Our website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from
those images. Although We have made every effort to be as accurate as possible, all measurements indicated on Our website and leaflets and brochure have a tolerance of one inch in respect of each measurement.

2.8 You are responsible for ensuring that the terms of the Order and any applicable Specification submitted by you are complete and accurate.

2.9 A quotation for the Goods given by Us shall not constitute an offer. A quotation shall only be valid for a period of 40 Business Days from its date of issue.


3. CHANGES TO ORDER OR TERMS

3.1 We may revise these Terms from time to time in the following circumstances:

  1. changes in how We accept payment from you; and
  2. changes in relevant laws and regulatory requirements.


3.2 If We have to revise these Terms under clause 3.1 and these materially affect your obligations under these Terms We will give you at least two week’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract by giving not less than one week’s written notice before the changes are due to take effect.

3.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11.

3.4Once you have signed the Order, a legally binding contract will come into existence between you and Us. A copy of the Order will be given to you at the time of signing. The number of your Order will be printed on the Order and you should quote this number in all subsequent correspondence with Us relating to the Order.

4. DELIVERY OF GOODS

4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.

4.2 We will provide you with an estimated delivery date on the Order. However, while We will use Our best efforts to deliver the Goods by the estimated delivery date, any dates we specify for delivery are approximate only, and where it appears the estimated delivery date will be missed, We will provide you with a revised estimated delivery date which will not be more than 14 days from the scheduled delivery date.

4.3 We will contact you nearer the estimated delivery date to confirm the actual delivery date with you. We will give you the choice to pay the balance of the price for the Goods in accordance with clause 7. We will confirm the estimated time of delivery on the day before or on the day of delivery
by telephone. You must give Us at least 24 hours’ notice if you need to cancel or reschedule your delivery.

4.4 Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 10 for Our responsibilities when this happens.

4.5 The delivery location shall be the location set out in the Order or such other location as We may agree at any time after We have notified you that the Goods are ready.

4.6 Where We revised the estimated delivery date under clause 4.2 and then failed to deliver the Goods within 14 days, or if We agreed a specific delivery date with you and then failed to deliver on that date, then you may cancel the Order for some (unless splitting them up would significantly affect their value) or all of the Goods immediately in which case We will refund any monies you have paid Us and arrange for collection at our cost of any of the Goods that have in fact been delivered at Our cost.

4.7 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us.

4.8 If We are delivering the Goods to an address you gave Us and no one is available at your address to take delivery, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact Us to rearrange delivery although We will have to charge you for reasonable delivery costs.

4.9 The Goods will be your responsibility from the completion of delivery.

4.10 You own the Goods once We have received payment in full.

5. IF THE GOODS ARE FAULTY

5.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

5.2 We are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

  1. up to 30 days: if your item is faulty, then you can get a refund and We will collect the Goods at no charge to you.
  2. up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases, and We will collect the Goods at no charge to you.
  3. up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.;

6. SELLER’S GUARANTEE OF GOODS

6.1 We guarantee that on delivery and for your lifetime (ie. the person purchasing the Goods for their own or their spouse’s use), the furniture frames shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 6.2. This guarantee is non-transferable.

6.2 These guarantees do not apply to any defects arising from:

  1. fair wear and tear;
  2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
  3. if you fail to operate or use the Goods in accordance with the user instructions;
  4. any alteration or repair by you or by a third party who is not one of Our authorised repairers; and
  5. the Goods differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

6.3 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

7. PRICE & PAYMENT

7.1 The price of the Goods will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.

7.2 These prices may include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, 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.

7.3 If you have a long-term sickness or disability, you may not have to pay VAT on the Goods. If you are eligible or believe that you may be eligible to purchase Goods without having to pay VAT, then you should tell Us. If you are in any doubt as to your eligibility you should contact the VAT Disabled
Reliefs Helpline on 0300 123 1073. If We consider that you are eligible, you will be asked to sign a declaration as part of the Order. You must not make a false declaration. In some circumstances, We may also need a medical certificate.

7.4 If you are aged 60 or over and are having a qualifying mobility aid supplied and installed in your own home, or a home shared with friends and relations, you may be eligible for a reduced rate of VAT. If you are eligible or believe that you may be eligible to purchase Goods without having to
pay VAT, then you should tell Us. If you are in any doubt as to your eligibility you should contact the VAT Helpline on 0300 200 3700.will be asked to sign a declaration as part of the Order. If We consider that you are eligible, you will be asked to sign a declaration as part of the Order. You must
not make a false declaration.

7.5 Subject to clause 4.8 above, the prices for the Goods include delivery costs.

7.6 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the
Goods to you. If the Goods’ correct price is higher than the price stated on Our site, We will contact you to tell you and you if you still wish to purchase the goods at the corrected price. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a
mispricing, We do not have to provide the Goods to you at the incorrect (lower) price..

7.7 Where We are providing Goods to you, you must make payment for 20% of the Goods at the time of Order in advance by credit or debit card. We accept payment with MasterCard, Visa, Visa Debit, Maestro, Amex or electronic bank transfer (to an account nominated by Us).

7.8 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 2% above the base lending rate of Barclays Bank PLC from time to time which will 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.. 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.

7.9 If you do not make payment of the balance due for the Goods by the time We call you to arrange delivery, then We will be entitled to reschedule your delivery to ensure your balance is settled before the Goods are delivered.

8. PROMATIONAL OFFERS

8.1 We may from time to time (at Our sole discretion) run promotional offers by way of vouchers and coupons.

8.2 In respect of any such promotional offers, only one voucher code may be used per transaction, and a voucher code has no cash value and cannot be redeemed for cash or benefits in kind such as gift vouchers.

9. PROMATIONAL OFFERS

9.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious
consequence of Our breach or if they were contemplated by you and Us at the time We entered into this contract. We only supply Goods for private use.

9.2 If We are installing the Goods in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us. In addition, it is your sole responsibility to ensure that the Goods fit along the delivery route and into the designated area and final resting space. You must consider access to your premises when your Order is placed to ensure the Goods fit in their
final resting space. You must consider skirting boards, plug sockets, staircases, doorways, lifts and any of the like in this regard. If the issue of access is not raised during the order process (in time) and the item does not fit into the delivery address We are under no obligation to accept/refund any
items.

9.3 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.4 Where ordered and applied, material protection sprays and the like may cause adverse skin reactions with some people. You must check Our list of protectors used (details of which are available upon request) for any skin reaction before you make an Order.

9.5 We do not exclude or limit in any way Our liability for:

  1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
  4. breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979; and
  5. defective products under the Consumer Protection Act 1987 (if applicable).

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

  1. We will contact you as soon as reasonably possible to notify you; and
  2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for
    the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

10.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than six weeks in accordance with Our cancellation rights in clause 12.

11. YOUR CONSUMER RIGHT OF RETURN AND REFUND

11.1 Subject to clause 11.2, if you are a consumer, you have a legal right to cancel a contract within 14 calendar days (cooling off period) from the date you or your nominee receives your Goods. This means that during the relevant period if you change your mind or for any other reason you
decide you do not want to keep the Goods, you can notify Us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.

11.2 You do not have a right to change your mind and cancel a contract under clause 11.1 in respect of:

  1. mattresses and other products sealed for health protection or hygiene purposes, once these have been unsealed after you receive
    them; or
  2. products that are made to your specifications or are clearly personalised.

11.3 When you cancel a contract any ancillary contract is also cancelled.

11.4 To cancel a contract, you must inform Us of your decision by making a clear statement of your decision to cancel your Order (eg. a letter sent by post, email or a telephone call - see contact details below). You may (but do not have to) use the cancellation form provided with your Order.

11.5 To meet the cancellation deadline, it is acceptable for you to communicate this to Us before the cancellation period has ended, and within 14 days of cancellation

11.6 We will refund any monies you have paid by the same method you used for payment (if possible) within 14 days of the date We collect the Goods. We may make a deduction from the amount to be refunded to you for any wear and tear if this has been caused by your handling them in a way which would not be permitted in a shopwear but subject to this you will receive a full refund of the price you paid for the Goods.

11.7 If this is necessary We will “uninstall” any Goods upon collection and will make good any damage to your property caused by Us in the course of doing so, but We will not fill any holes that removing the Goods causes.

12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

12.1 If We have to cancel an Order for Goods before the Goods are delivered:

  1. We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control. We will promptly contact you if this happens.
  2. If We have to cancel an Order under clause 12.1(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.

13. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

13.1 We are a company registered in England and Wales. Our company registration number is 10739612 and Our registered office is at

Group Adp Thremhall Park, Start Hill,,
Bishop’s Stortford, Herts, England, CM22 7WE.

Our registered VAT number is 275 5283 78

13.2 If you have any questions or if you have any complaints, or for any other reason you can contact Us by telephoning Our customer service team at 01992 472199 (and We do not charge more than the basic rate for consumer telephone help-lines) or by writing to Us at info@mccarthymobility.com or postal address detailed above.

13.3 We will endeavour to acknowledge all complaints within 24 hours and give you a fair time frame to resolve any issues you have. We will use “best efforts” to find a satisfactory solution to these complaints.

13.4 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.

14. HOW WE USE YOUR PERSONEL INFORMATION

14.1 We will use the personal information you provide to Us to:

  1. provide the Goods;
  2. process your payment for such Goods; and
  3. inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

14.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.

14.3 We will not give your personal data to any other third party.

15. OTHER IMPORTANT TERMS

15.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

15.2 You may transfer the benefit of the guarantee in clause 6 to any purchaser of your property upon written notification to Us (but the duration of the guarantee will still only be for your lifetime as the person originally purchasing the Goods for their own or their spouse’s use). In these circumstances, We will not accept any liability under the guarantee under clause 6 unless the person seeking to rely on it can produce
a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the property in question.

15.3 You may only transfer your other rights or your obligations under these Terms to another person if We agree in writing.

15.4 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 6 if you transfer it to them subject to the above, but We and you will not need their consent to cancel
or make any changes to these Terms.

15.5 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.

15.6 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

15.7 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.

 

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