Terms and Conditions
These terms and conditions govern your use of our website and terms of the sale. Please read carefully these terms in full before you use this website and when placing your order, it's recommended you retain a copy of these terms and your order for future reference. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Elite Mobility Ltd(Supplier).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 All prices are in £ sterling exclusive of VAT and exclusive of delivery (if applicable). VAT will be charged on all items. However if the item can be supplied with Zero Rate VAT as per the relief from VAT under Group 12 of Schedule 8 to the VAT Act 1994 then the VAT element will be taken off at checkout providing you have selected the VAT Exempt option provided, in unison a VAT exemption declaration will need to be signed on delivery with your receipt or using the option available in the billing screen. No claim of VAT Exemption can be accepted without this signed declaration.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
2.5 We will be entitled to refuse to accept your order if we feel it necessary, in which case we will e-mail you as soon as we can to let you know.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.1 Delivery is restricted to the United Kingdom Mainland and Free Delivery is restricted to mobility scooters, powered wheelchairs and powerchairs within 200 Miles of our Bristol depot, all other products will show delivery price on checkout. Delivery must be to the address at which your credit card or debit card is registered. All deliveries must be signed for and you should keep your receipt. (Free Delivery is limited to 200 Miles radius from our Bristol depot - For Scotland and locations Outside of this radius - Additional Charges are applicable - Please contact us prior to placing your order for confirmation of these charges.)
4.2 All Orders received will be processed the next working day and will be delivered provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. Please allow 14 days for delivery.
4.5 Time for delivery shall not be of the essence. Our couriers Deliver between the hours of 8am up to 18.30hrs.
4.6 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents at that moment in time please sign for the product as "UNCHECKED". Failure to do so may affect any claims that you make thereafter.
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 14 calendar days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by letter or e-mail, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. We can arrange collection of goods but you will be liable for the collection costs please contact us regarding return postage/carriage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. Subject to the items being inspected and being in the condition as supplied.
7.5 If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address shown below within 7 days.
7.7 Any items that are custom design, prescribed or special order and or to individual specifications are not refundable.
8.1 All our goods come with a full 12-month Parts warranty against faulty manufacture or materials (Unless stated in the description), backed by the manufacturers themselves. Any warranty repairs must be returned to us for work to be undertaken, subject to availability we may send an engineer out to repair onsite however, you will need to arrange delivery/collection or an engineer with ourselves. Original packaging (if applicable) must be used to ensure safe return of the product.
8.2 There are the following general warranty exclusions: Parts which need adjustment, re-setting, replacement or repair due to abuse, fair wear & tear or to suit the individual needs of the user i.e. Tyres, lap belts, bulbs, plastic shrouds and upholstery (damaged post receipt), motor brushes, normal battery degradation, wheelchair brake adjustment, circuit breaker resetting or maintenance requirements caused by carelessness or accidental damage such as flat batteries or punctures.
8.3 Please note that a call out to inspect any product under warranty is free however, if fault is due to customer misuse or accidental damage as stated above a fee is chargeable. Also note we offer telephone assistance which is free of charge.
9. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you. (In accordance with the Privacy & Electronic Communications Act passed into law 11 Dec 03) - “ We do not send random marketing emails to personal email addresses (spam).” And we conform to the requirements of the Data Protection Act 1998.
10. Website access
It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.
10.1 Use of website
This website may be used for your own private purposes and in accordance with these terms and conditions.
10.2 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
10.3 Website uptime
All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
10.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
10.6 Visitor provided material
10.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
10.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 10.7.
10.9 Links to and from other websites
Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
10.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
10.11 By linking to this website in breach of clause 10.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
10.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
11. Exclusion of liability
We do not accept liability for any loss or damage that you suffer as a result of using this website.
11.1 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
12. Applicable Law
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
For Insurance purposes Elite Mobility Ltd are an appointed representative of Mark Bates Ltd t/a Premier Care, Premier House, Londonthorpe Road, Grantham, Lincs, NG31 9SN who are authorised and regulated by the Financial Conduct Authority. Number: 308390. You can check this on the FCA’s Register by visiting the FCA’s website www.fca.org.uk/register or by contacting the FCA on 0800 111 6768.
online.elitemobility.co.uk is a marketing site for Elite Mobility Ltd