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Terms and Conditions Enjoy Life Mobility (ELM) 1 DEFINITIONS 1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6 "Supplier" means Enjoy Life Mobility of 2 Birbeck Drive, Madeley, Telford TF7 5TP U. K. and owns and operates www.enjoylifemobility.com
1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 "Website" means www.enjoylifemobility.com 2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3 ORDERING
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the website
4A PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is exclusive of VAT. Where applicable, the price excludes delivery charges.
4.2 The total purchase price, including VAT will be given prior to final order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the deposit price plus VAT and delivery charges, if applicable, must be made Bank transfer or credit card to secure the product with the balance payable at least 3 (three) whole working days prior to the shipment of the goods.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
4.6 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4B PRIVACY POLICY
4.7 We do not store credit card details nor do we share customers details with any third parties.
5 CANCELLATION AND RETURN
5.1 After payment of the 50% deposit the Buyer has a cooling off period of 7 days in which to cancel. Such cancellations must be made by e-mail and or in writing to the companies address.
5.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier via e-mail or telephone within 48 hours of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
5.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 28 days of delivery. The Buyer shall be entitled to a replacement (including delivery costs) plus any return postal charges if the Goods are in fact defective.
5.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods prior to the payment of the 50% deposit.
5.5 In the event of a family tragedy and after the presentation of documented proof to the company, the company will accept a cancellation after the cooling off period and the Goods must be returned by the Buyer at the Buyer's expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.
5.6 After Delivery of the Bath , should the client decide that the Bath is not needed, because it will not fit, it is the wrong colour, the client decides to move or whatever reason, the Company regrets that they are not able to accept the return of the goods.
5.7 Any agreed goods to be returned must clearly show the order number obtained from the Supplier on the package.
5.8 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
6 LIMITATION OF LIABILITY
6.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
6.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier's agents or employees. 7 WAIVER
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
8 FORCE MAJEUR
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
9 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
10 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. 12 WARRANTY
Wibtrac provides a lifetime Warranty on the door seal to the original owner. There is a two year limited Warranty on the Walk in Bath and Fixtures. Delivery and Payment
We do need the balance paid three days prior to shipping or collection of your Walk in Bath .
When your Walk in Bath has been expected and is ready for shipping you will be notified via email. To complete the final stage you will need to pay any balance outstanding. We will then arrange for the delivery of your bath to your chosen destination. Privacy Statement ELM is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK . The purpose of this statement is to explain to you what personal information we collect and how we may use it. When you fill out one of our enquiry forms we ask you for your Name, Company Name, Telephone, Address, Email and Nature of Enquiry. We use your this information to inform you or our products and services. We do not sell, rent or exchange your personal information with any third party for commercial reasons. We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation. We use a technology called "cookies" as part of a normal business procedure to track patterns of behaviour of visitors to our site. A cookie is an element of data that our Website sends to your browser which is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings. We will not transfer your information outside the EEA (European Economic Area) without first obtaining your consent. When you place an order we do not store any of your financial details including credit or debit card numbers. These financial details are held securely by the payment processor. |
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