When the following words with capital letters are used in these Terms, this is what they will mean:
"Event Outside Our Control:" is defined in clause 11.2;
"Goods: "the goods and any ancillary services that We are selling to you as set out in the Order;
"Order: "your order for the Goods;
"Terms: "the terms and conditions set out in this document; and
"We/Our/Us: Autochair Limited (Co No. 2533881) whose registered office is at Wood Street North, Meadow Lane Industrial Estate, Alfreton, Derbyshire DE55 7JR.
When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
OUR CONTRACT WITH YOU
These are the terms and conditions on which We supply Goods to you.
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 sign the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
When you sign and submit the 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 in writing and We will not process the Order.
These Terms will become binding on you and Us when We contact you that We are able to provide you with the Goods, which We will also confirm in writing to you, at which point a contract will come into existence between you and Us.
If any of these Terms conflict with any term of the Order, the Order will take priority.
We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
Our website, catalogue and brochure are solely for the promotion of Our Goods.
The images of the Goods on Our website or in Our catalogues or brochures are for illustrative purposes only. Your Goods may vary slightly from those images. Although We have made every effort to be as accurate as possible, because our Goods are often handmade, all sizes, weights, capacities, dimensions and measurements indicated on Our website or in Our catalogues or brochures have a 10% tolerance.
CHANGES TO ORDER OR TERMS
We may revise these Terms from time to time in the following circumstances:
changes in how We accept payment from you;
changes in relevant laws and regulatory requirements.
If We have to revise these Terms under clause 3.1, We will give you at least 7 days' written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 12.
You may make a change to the Order for Goods within 14 calendar days of placing an Order or prior to dispatch by us, whichever is the sooner, by contacting Us, except in the case of bespoke Goods. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 12.1 in these circumstances.
If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 12. In the case of bespoke Goods, unfortunately, because We make these Goods to your specific requirements, you will not be able to cancel an Order once it is made.
BESPOKE GOODS
We make many of our Goods according to the measurements and requirements you provide Us. You can find information and tips on how to measure and judge your requirements in Our brochure or on Our website, or by contacting Us. Where We provide sample Goods to you on a trial basis this does not represent our views on your specific requirements and does not form part of the contract between us. Where We provide any advice to you on measurements and requirements this does not form part of the contract between us and you agree that you are solely responsible for by any measurements or requirements in your Order.
Please make sure your measurements and requirements are correct and accurate. Unfortunately, We cannot accept the return of bespoke Goods if the reason for the return is because you provided Us with incorrect measurements and requirements. However, this will not affect your legal rights as a consumer in relation to bespoke Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
DELIVERY OF GOODS
Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.
Where appropriate We will contact you with a proposed delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 11 for Our responsibilities when this happens.
If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours of 9.00am to 5.00pm on weekdays.
Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you collect them from Us.
If 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. We reserve the right to charge you our reasonable costs for repeat deliveries.
If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from Us.
You own the Goods once We have received payment in full.
IF THE GOODS ARE FAULTY
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.
THIRD-PARTY MANUFACTURER'S GUARANTEE OF GOODS
Where Goods are not manufactured by us they come with manufacturer's guarantee. For details, please refer to the manufacturer's guarantee provided with the Goods.
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.
OUR GUARANTEE OF GOODS
We guarantee that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 8.2.
This guarantee does not apply to any defect in the Goods arising from:
fair wear and tear;
wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
if you fail to operate or use the Goods in accordance with the user instructions;
any alteration adjustment or repair by you or by a third party who is not one of Our authorised repairers;
any specification provided by you; and
claims concerning fitting of Goods which shall be the responsibility of the installer.
This guarantee is personal to you as the original purchaser of the Goods and is not transferable.
Our guarantee is for parts and labour only and you will be responsible for delivery and/for collection of Goods.
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.
PRICE AND PAYMENT
The price of the Goods will be set out in your Order or otherwise 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. Where We have provided a quote to you for Goods our price and terms contained in it will be open for 60 calendar days for you to accept subject always to our Order process.
These prices include VAT where applicable. Most of our Goods can be supplied exempt of VAT if you qualify for and sign an appropriate VAT exemption certificate. However, if the rate of VAT, or the basis for VAT exemption, 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.
The prices for the Goods exclude delivery costs, which will be added to the total amount due.
Where We are providing Goods to you, you must make payment for Goods in advance by credit or debit card or we must have cleared funds through a bank transfer or cleared cheque before we will despatch Goods. We accept payment with most credit and debit cards. We will not charge your credit or debit card until We despatch the Goods to you.
If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of NatWest Bank from time to time. This interest shall 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.
However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 9.5 will not apply for the period of the dispute.
OUR LIABILITY TO YOU
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.
If We are installing the Goods in your vehicle, We will make good any unintentional damage to your vehicle 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 vehicle that We discover in the course of installation and/or performance by Us.
We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way Our liability for:
death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979(title and quiet possession);
breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
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.
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.
If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
We will contact you as soon as reasonably possible to notify you; and
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.
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 12. We will only cancel the contract if the Event Outside Our Control continues for longer than 12weeks in accordance with Our cancellation rights in clause 12.
YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
Before the Goods are delivered, you have the following rights to cancel an Order for Goods (other than bespoke Goods), including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
You may cancel any Order for Goods at any time before We despatch the Goods or within 14 calendar days of placing an Order (whichever is the sooner) by contacting Us. We will confirm your cancellation in writing to you.
If you cancel an Order under clause 12.1.1 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.
Unfortunately, if you cancel an Order for Goods under clause 12.1.1 and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods, but any charge for collection will be deducted from the refund that is due to you.
Unfortunately, as the bespoke Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described).
OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
If We have to cancel an Order for Goods (including bespoke Goods) before the Goods are delivered:
We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. We will promptly contact you if this happens.
If We have to cancel an Order under clause 13.1.1 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.
Where We have already started work on your Order for made-to-measure Goods by the time We have to cancel under clause 13.1.1, We will not charge you anything and you will not have to make any payment to Us.
INFORMATION ABOUT US AND HOW TO CONTACT US
We are a company registered in England and Wales. Our company registration number is 2533881 and Our registered office is at Wood Street North, Meadow Lane Industrial Estate, Alfreton, Derbyshire DE55 7JR. Our registered VAT number is 458129235.
If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01773-830222 or by e-mailing Us at sales@autochair.co.uk.
If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Autochair Limited at Wood Street North, Meadow Lane Industrial Estate, Alfreton, Derbyshire DE55 7JR. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to Us to:
provide the Goods;
process your payment for such Goods; and
inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
We will not give your personal data to any other third party.
OTHER IMPORTANT TERMS
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.
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.
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.
These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
