Mobility Smart Terms & Conditions
The following terms and conditions apply to all transactions (On & Offline) from Mobility Smart Limited. The placing of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. These terms and conditions do not affect your statutory rights. To order goods from us you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
We have the right to refuse at our discretion to supply any goods ordered by you.
Advice and the suitability of the product(s)
All goods purchased from Mobility Smart are at the request of the purchaser. Because we cannot see you we cannot be expected to ensure that any product purchased on this site, either by phone or online, is suitable for your personal use. This is a responsibility you must accept yourself. Any information offered by any member of our staff, either on the phone or online, is for general guidance purposes only. If you have any doubts at all as to the suitability of any specific product for your own use, we recommend that, prior to purchase, the opinion of a qualified Occupational Therapist is sought.
Description of Goods/Warranty and Liability
Although we warrant that the goods will, at the time of delivery, correspond to the description given by us all products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods. Full details are available from the original manufacturer’s brochures & websites. Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the goods whether implied by Statute, Common Law or otherwise are excluded and the Customer warrants that the Customer is satisfied as to the Suitability of the Goods for the Customer's purpose Goods are not sold on a trial basis.
If you buy goods which have no published technical specifications, it is your responsibility to establish the suitability of the goods for your intended purpose.
In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.
Product Images / Specifications
Whilst we endeavour to ensure all images and specifications are correct at the time of publication, they do vary. As such we can accept no responsibility for incorrect images/information. If however you spot a mistake with an image or with a products specification please let us know here.
Payment Method & Time Scale
This is a UK site only. Orders will only be accepted from UK residents for UK delivery, paid for with UK credit cards only. On the order you must provide us with your exact address and telephone number that your credit card issuer has on file for you. Your order will only be processed once authorization of your credit card has been properly received.
If you have a credit account you must pay your invoice within 30 Days of the invoice date.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Availability of Goods
All products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a product is out of stock and if you do not wish to proceed with the order or for any reason we cannot supply the product we will arrange for the order to be cancelled.
We offer an extended range of products which are obtained directly from our suppliers. These products are subject to suppliers’ stock availability and delivery dates made by the suppliers’ own delivery services. It is our policy to contact you to explain the stock and delivery situation with these products. Again if you do not wish to proceed with the order, we will arrange for it to be cancelled.
Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
We are not responsible for abnormal weather thus we will not refund delivery charges if your order arrives late due to adverse or abnormal weather.
Unless otherwise agreed we may deliver by instalments.
Delivery of the Goods shall be made to the Customer's address and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
You may incur re-delivery costs if you’re not in when the courier attempts to deliver your order.
Time Limitations for Notification of claims
Damaged in Transit
As internal damage cannot always be identified on delivery, the Customer must sign the drivers manifest as “unchecked”. Should any damage be identified on opening the package, Mobility Smart Limited must be advised within 48 hours of the exact damage. It is imperative that the Customer does not dispose of any of the packaging, as this will be required to affect a claim against the carrier. The claim will be handled by Mobility Smart Limited, and an arrangement will be made to collect the damaged goods and replacements will be sent.
We cannot accept any claims for damage if the above time scales are not followed.
It is the Customers responsibility to sign for the correct number of packages that are delivered, the Customer is required to check that the number of packages delivered equal the number of packages on the delivery drivers manifest/consignment note. Any shortages must be noted on the drivers manifest and it is the Customers responsibility to thereafter notify us within 48 hours of delivery.
Should the Customer be missing an item but has signed for the correct number of packages. The Customer must notify us within 48 hours of delivery. The Customer will be requested to provide us with a copy of the invoice as well. The matter will be investigated and the Customer will be informed of the decision.
It is the Customers responsibility to notify us of any incorrect goods supplied within 48 hours of delivery. If the items are not as ordered, the Customer must not open the manufacturers packaging or use the item. The Customer will also be required to provide further information on what was received i.e. we may require the manufactures part codes and a full description of what has been received. Should there be any extenuating circumstances that has prohibited the Customer to remain within the specified time frame, resolution will be by mutual decision.
All products supplied are covered by the terms and conditions of the Original Manufacturers Guarantee for a period of 12 months or longer if relevant, this is in addition to the consumer’s statutory rights. Short use items such as gloves, Cast protects etc are not covered by the 12 month warranty.
Cancellation of Orders
Orders cancelled before dispatch in most cases will be cancelled without charge, HOWEVER if the payment method used has cleared (ie your card has settled or cheque has cleared) your refund will be less bank charges incurred by us. This is approximately 3% for cards & £3 for cheques please ask about other payment methods. Charges may also apply to custom orders if work has begun on your order.
Orders cancelled after dispatch of the goods will be subject to credit only once the items are returned to us and receipted back into our Warehouse. see "Returns for items no longer required" for more information.
Returns for items no longer required (If you change your mind)
We want you to be happy with everything you buy from Mobility Smart. If you are not satisfied with your new purchase please follow the instructions below.
If you are not totally satisfied with your purchase, you can return it within 7 days from receiving the goods for a refund. If you return your order after 7 days but less than 30 there will be a restocking charge of 15%. After 30 days NO refunds or exchanges can be made.(See Return Rules Below)
Note: Once you arrange the return, we must receive the item back within 30 days. After 30 days we will refuse the return.
Return Rules & Instructions
1. The Customer will be responsible for the safe return of the goods.
2. All returns must be assigned a returns number, this can only be requested by phoning our office on 0845 868 8612.
3. The customer cannot return items that are not under the cover of a Returns Number (RA).
4. Only once the RA has been authorised, do we accept that the item(s) may be returned. The RA number must be clearly marked on the outer packaging only and not on the manufacturer packaging. Any item returned not under the cover of an RA number will be rejected and returned to you.
5. For hygiene & saftey reasons on some items such as toiletries, clothing & mattresses etc we might not be able to offer a refund or exchange if they have been opened. Please check before purchasing if this would apply to the item you require.
6. Only complete products will be accepted. Therefore ensure that all additional enclosures, such as manuals etc are all returned. Adequate packaging must be used to return the goods. Adequate packaging constitutes that the item is wrapped securely and then placed inside a box in order for the item to return to us with no internal or external damage. Items that are not securely wrapped and received, will be returned in the same manner. If we find that the product has not been returned to us in a resaleable condition, we reserve the right to refuse a refund.
7. We will refund your orginal delivery charge when a product is faulty, damaged or incorrect but not when a product is simply unwanted this also applies to the cost of returning the items to us.
8. We reserve the right to reject and item(s) that do not meet the criteria laid out above.
If for any reason you are issued with a refund, please note the following,
Refunds will be issued by the same payment method as on the original order where possible or failing this a cheque will be mailed to you.
A refund will usually reach your credit card account within 4 working days after it being processed, please allow up to 10 working days for it to be credited. We do however reserve the right to refund you within 30 days of the return.
Goods returned within the manufacturer’s DOA period, will be refunded in full including the original carriage charge. If the goods are found not to be faulty or they have been damaged by miss-use, they will be returned to you and no refund will be issued. Don't forget a fee of 15% + carriage is charged on returns, which prove to be non-defective.
If you think that the product you have purchased is faulty we may refer you to the manufacturer, due to their extensive knowledge of their product. If the manufacturer agrees that the product is faulty, in most cases they will be able to authorize a replacement/repair of the product direct to you. This does not affect your statutory rights.
A fee of 15% + carriage is charged on returns, which prove to be non-defective. It is therefore imperative that you make contact with ourselfs or manufacturer first before returning a product. The fee is non-negotiable. In all instances when contacting a Manufacturer you must retain the reference code that you are given.
Dead on Arrival (DOA)
If the product fails within the manufacturer’s DOA period, a replacement product will be offered to you.
Postage / Carriage Charges
Mobility Smart Limited will only cover/refund collection or delivery charges if any of the items are DOA, Damaged or has been incorrectly sent. In all other circumstances the customer is responsible for all carriage charges. NO carriage is refunded when a product is simply unwanted.
Except as may be implied by law and except in the case of death or personal injury where the Customer is dealing as a consumer, in the event of any breach of these Terms and Conditions by us the remedies to you shall be limited to damages which shall in no circumstances exceed the price of the Goods and we shall under no circumstances be liable for any indirect, incidental or consequential damages
We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond our control.
Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions.
In the event that any or any part of these Terms and Conditions shall be determined invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
These Terms and Condition shall be construed in accordance with English Law.