1. These Terms
1.1 What these terms cover
These are the terms and conditions on which we supply products to you
1.2 Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you:
a) Who we are
b) How we provide products to you
c) How you and we may change or end the contract
d) What to do if there is a problem
e) Other important information
If you think there is a mistake in these terms or they require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are
We are Advanced Stairlifts (Scotland) Limited (trading as “Advanced Stairlifts and Access Solutions”) a company registered in Scotland. Our company registration number is SC179118 and our registered office is at Unit 3, Burnside Business Court, North Road, Inverkeithing, Fife, KY11 1NZ
2.1A In these Terms “You”, “you”, “Your” and other such derivative of “you” means the Customer named on the Order Form, and if the Order Form is signed for the Customer by a party who is not the Customer, that party confirms that he/she had and shall be deemed to have had the full authority of the Customer to do so as his or her agent
2.2 How to contact us
You can contact us:
a) By email at firstname.lastname@example.org
b) By phone on 01383 411400
c) By post to Unit 3 Burnside Business Court, North Road, Inverkeithing, Fife, KY11 1NZ
2.3 How we may contact you
If 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 us in your order.
2.4 “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
3. Code of Practice
3.1 We are members of the British Health Trades Association (BHTA). We will comply with the code of practice of the BHTA
4. Our contract with you
4.1 How we will accept your order.
Our acceptance of your order will take place when we tell you that we are able to provide you with the product, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
4.2 If we cannot accept your order
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because:
a) The product is out of stock
b) A credit reference we have obtained for you does not meet our minimum requirements
c) We have identified an error in the price or description of the product
d) We are unable to meet a delivery deadline you have specified
4.3 Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. Our Products
5.1 Products may vary slightly from their pictures
The images of the products in any brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2 Product packaging may vary
The packaging of the product may vary from that shown in images on our website or in any catalogue or brochure.
5.3 Making sure your measurements are accurate
If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
6. Your right to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. Our rights to make changes
7.1 Minor changes to the product
We may change the product:
a) To reflect changes in relevant laws and regulatory requirements
b) To implement minor technical adjustments and improvements (any such changes will not affect your use of the product)
7.2 More significant changes to the product and these terms
We may make significant changes to these terms or the product, but if we do so, we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
8. Providing the products
8.1 Delivery and Installation costs
The costs of delivery and installation will be as told to you during the order process
8.2 When we will provide the products
During the order process we will let you know when we will provide the products to you and install them. We will contact you to agree a delivery and installation date. Please note that while we will seek to install the products on any date agreed between us, this is subject to receiving any required building standards approval.
8.3 We are not responsible for delays outside our control
If our delivery or installation of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.4 If you are not at home when the product is delivered
If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. We may also charge you for storage costs and any further delivery costs.
8.5 If you do not re-arrange delivery
If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
8.6 If you do not allow us access to install
If you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
8.7 Your Legal rights if we deliver late
You have legal rights if we deliver any products late. If we miss the delivery deadline then you may treat the contract as at an end straight away if any of the following apply:
a) We have refused to deliver the products
b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances) or
c) You told us before we accepted your order that delivery within the delivery deadline was essential.
8.8 Setting a new deadline for delivery
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
8.9 If the installation area is “not ready”
In the event the installation area is not ready we may not be able to install the products on the agreed date. In the event that we cannot install the products because the installation area is not ready, we may charge you for additional visits, storage costs and delivery costs. An installation area is “ready” if;
a) The site is clear
b) It is possible to use the electricity supply on the installation date
c) There is a permanent electrical supply available to the premises
d) There is no ongoing building work overhead or around the installation area or other work which effects the installation area
e) No other trades working overhead in the installation area
8.10 When you become responsible for the product
The product will be your responsibility from the time we deliver the product to the address you gave us.
8.11 When you own the products
You own the products once we have received payment in full.
8.12 What will happen if you do not give the required information to us
We may need certain information from you so that we can supply the products to you and install them for you. If so, this will have been stated in the description of the products in any brochure or on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 10) or make additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying or installing the products late or not supplying or installing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.13 Reasons we may suspend the supply of products to you
We may have to suspend the supply of a product to;
a) Deal with technical problems or make minor changes
b) Update the product to reflect changes in relevant laws and regulatory requirements
c) Make changes to the product as requested by you or notified by us to you (see clause 7)
8.14 Your rights if we suspend the supply of products
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.15 We may also suspend supply of the products if you do not pay
If you do not pay us for the products when you are supposed to (see clause 12.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.4). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we may also charge you interest on the overdue payments.
9. Your right to end the contract
9.1 Are there limits on your right to cancel this contract
In the majority of transactions between us and our customers, the products we provide will be to that persons “specifications” or are “clearly personalised”. This means that, where the products are customised to your house (for instance, in the case of a curved rail), you will NOT be able to end this contract using the rights contained in this clause 9 or the 14 day cancellation period stated in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (commonly referred to as the “cooling off period”)
9.2 (Subject to clause 9.1) You can always end the contract for supply of a product before it has been delivered, installed and paid for.
(subject to clause 9.1) You may contact us to end your contract for a product at any time before we have delivered and installed it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described.
9.3 (Subject to clause 9.1) What happens if you have good reason for ending the contract.
(Subject to clause 9.1) If you are ending the contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided properly and you may also be entitled to further compensation. The reasons are:
a) We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7)
b) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed
c) There is a risk that supply of the products may be significantly delayed because of events outside our control
d) We have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons, for a period of more than 14 days
e) You have a legal right to end the contract because of something we have done wrong
9.4 (Subject to clause 9.1) What happens if you end the contract without a good reason
(Subject to clause 9.1) If you are not ending the contract for one of the reasons set out in clause 9.2 then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or if you have not made an advance payment, or the advance payment was too little, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9.5 Returning products after ending the contract
In the event that you have right to cancel this contract, if you end the contract after products have been delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return. Where the products have been installed, you must NOT attempt to remove the products yourself. All installed products must be removed by us. If you do cancel our contract and then attempt to remove the products, we may charge you for any damage done to the products as a result of your actions.
10. Our rights to end the contract
10.1 We may end the contract if you break it
We may end the contract for a product at any time by writing to you if:
a) You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due
b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products
c) You do not, within a reasonable time, allow us to deliver the products to you and install them
10.2 You must compensate us if you break the contract
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
11. If there is a problem with the product
11.1 How to tell us about problems
If you have any questions or complaints about the product please contact us. You can contact us by any of the following methods.
a) By email at email@example.com
b) By phone on 01383 411400
c) By post to Unit 3, Burnside Business Court, North Road, Inverkeithing, Fife, KY11 1NZ
11.2 Summary of your legal rights
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of you key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website (www.adviceguide.org.uk) or call them direct on 03454 04 05 06
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:
- Up to 30 days: if you item is faulty, then you can get a refund
- 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.
- Up to five years: if the item can be expected to last up to five years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
11.3 Your obligation to return rejected products
If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection. Where the products have been installed, you must NOT attempt to remove the products yourself. All installed products must be removed by us. If you do reject the products and then attempt to remove the products, we may charge you for any damage done to the products as a result of your actions.
12. Price and Payment
12.1 Where to find the price for the product
The price of the product is the price in the order form or, failing that, as set out in our price list. We take all reasonable care to ensure that the price of product advised to you is correct. However, please see clause 11.3 for what happens if we discover an error in the price of the product you order.
12.2 What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the products correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.
12.3 When you must pay and how you must pay
Payment can be made with the following cards;
- Visa Electron
Unless other than agreed in writing with us. You must pay for the products (including delivery and installation costs) on the dates stated on the order form or, if no dates are stated on the order, within 30 days of the date of the invoice. We will not charge your credit or debit card until we dispatch the products to you.
We are happy to receive payment (or part payment) by way of grant or subsidy. However, it is your responsibility to make sure that any such payments are made to us on time. In the event you are denied a grant or subsidy, or the amount provided by the grant or subsidy is not as expected, you will be liable for the full amount payable to us or the balance unpaid.
12.4 What to do if you think an invoice is wrong
If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
12A.1 Construction Contract
12.A.1 If the property to which the Product is or Products are to be installed in terms of the Order (whether internally, externally, both or otherwise) is not a dwelling which you occupy, or intend to occupy, as your residence, clause 12 shall not apply and instead the following terms of this clause 12A shall apply.
12.A.2 We shall be entitled to payment by or on behalf of You of the Price (as may be adjusted) and any applicable Value Added Tax thereon, in the instalments specified in the Order Form.
12.A.3 We shall give notice (which may be in the form of an invoice) to You, for the sum that we consider to be due from You on the due date in respect of each instalment; the work to which the sum relates; and the basis on which that sum is calculated. The due date for payment in respect of the instalment to which the notice relates shall be seven days after the date that the invoice is given.
12.A.4 The Final Date for payment shall be seven days after the due date for payment.
12.A.5 If you fail to pay us the amount, or any part of it, due to us by the Final Date for payment, You shall pay to us in addition to the amount not properly paid, simple interest thereon at the rate of eight per cent per annum from the due date for payment until paid. Payment of such interest shall be treated as a debt due to us by You. The acceptance of any payment of interest under this clause shall not in any circumstances be construed as a waiver by us of our right to proper payment of the principal amount due from You to us in accordance with these Terms and Conditions or the right to suspend performance of all or any part of our performance of our obligations.
12.A.6 If You fail to pay to us the amount, or any part of it, due to us by the Final Date for payment, we shall have the right (without prejudice to any other right or remedy) to suspend performance of all or any part of our obligations on giving you seven days notice of our intention to do so.
12.A.7 The right to suspend performance under clause 12A.6 ceases when you make payment in full of the sum due.
12.A.8 When the right conferred by clause 12.A.6 is exercised, you shall be liable to pay us a reasonable amount in respect of costs and expenses reasonably incurred by us as a result of exercise of the right.
12.A.9 Any period during which performance is suspended in exercise the right conferred by 12.A.6 shall be disregarded in computing the time taken by us to fulfil our obligations.
12.B.1 Grant Aid
In the event that you are receiving a grant or other financial aid from any local authority or other party, by the signature by you or your agent to the Order Form, you give us an irrevocable mandate to receive the funds thereunder from the donor, to the extent that the same pays or contributes towards payment of all and any sums due to us by operation of these Terms and Conditions.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of the contract was made both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 When we are liable for damage to your property
When installing the products or providing other services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
13.3 We are not liable for business losses
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13A Buy Back
13.A.1 e appreciate that often our Products require to be installed to assist an elderly or infirm Customer and that sadly, sometimes, our customer may pass away shortly after our Products have been installed. To help the family in these unfortunate times, if you die within six months of practical completion of the installation we shall remove the Products to the extent that we are reasonably able to do so and we shall refund £250 to your estate, provided that the Price (as may have been adjusted) was timeously paid in full in accordance with these Terms and Conditions and we have been given reasonable access to the Products at reasonable times, in order to allow us to undertake the removal. Upon removal, the Product or Products which we have removed shall become our Property.
14. How we may use your personal information
14.1 How we will use your personal information
We will use the personal information you provide to us:
- To supply the products to you
- To process your payment for the products
- If you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us
14.2 We may pass your personal information to credit reference agencies
Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do
14.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. Other Important Terms
15.1 We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any part of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.
CANCELLATION INSTRUCTION SHEET
IT IS HEREBY AGREED
Right to Cancel
In the majority of transactions between us and our customers, the products we produce will be to that persons “specifications” or are “clearly personalised”. This means that, where the products are customised to your house (for instance, in the case of a curved rail), you will NOT
be able to end this contract using the rights contained in clause 9 of our terms and conditions or the 14 day cancellation period stated in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (commonly referred to as the “cooling off period”.
In the event that products are made to your “specifications” or are “clearly personalised” you will not be able to cancel the contract using the method below.
If the paragraph above does not apply to you, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire physical possession of the products.
To exercise the right to cancel, you must inform us (by one of the following methods):
Post: Advanced Stairlifts (Scotland) Limited, Unit 3 Burnside Business Court, North Road, Inverkeithing, Fife, KY11 1NZ
Phone: 01383 411400
Fax: 01383 625029
Of your decision to cancel this contract by a clear statement (e.g a letter sent by post, fax or e mail) you may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you have the right to, and do, cancel this contract, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back form you any products supplied.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.
You are only liable for any diminished value of the products resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the products.
We will collect the products.