Definitions

The following definitions apply in these Conditions:

General

1. Please read all these Conditions. As we can accept your Order and make a legally enforceable agreement without further reference to you, you should read these Conditions to make sure that they contain all that you want and nothing that you are unhappy with.
2. These Conditions may have changed since you last reviewed them.
3. These Conditions will apply to the purchase of the Products and / or Services by you. By ordering any of the Products or Services, you agree to be bound by these Conditions.

Where to find information about us and our products and services

1. You can find everything you need to know about us, Magbility and our Products and Services on our website, in our catalogue or from our sales staff before you place your Order.
2. We also confirm the key information to you in writing after you place your Order, through reference to our online terms and conditions or providing them to you on paper upon request.

Buying from us

When you buy from us you are agreeing that:

• we only accept Orders when we’ve checked them;
• sometimes we reject Orders;
• we charge you when you place your Order;
• we charge interest on late payments;
• we pass on increases in VAT;
• we’re not responsible for delays outside our control;
• Products can vary slightly from their pictures;
• you’re responsible for making sure your measurements are accurate;
• we charge you if you don’t give us information we need or do preparatory work as agreed with us;
• if you bought online, by mail order, over the telephone or in store, you have a legal right to change your mind;
• you can end an on-going Contract;
• you have rights if there is something wrong with your Product;
• we can change Products, Services and these terms;
• we can suspend supply (and you have rights if we do);
• we can withdraw Products or Services;
• we can end our Contract with you;
• we don’t compensate you for all losses caused by us or our Products or our Services;
• we use your personal data as set out in our Privacy Notice;
• you have several options for resolving disputes with us;
• other important terms apply to our Contract;

all as detailed below in individual clauses.

Supplying you

• We only accept Orders when we’ve checked them.
  We contact you to confirm we’ve received your Order and we accept it when we dispatch or supply the Product.
• Sometimes we reject Orders.
  Sometimes we reject Orders, for example, because a Product is unexpectedly out of stock or a Service is no longer available, because you are located outside the UK or our delivery areas, as stated on our website and in our marketing or because the Product or Service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

Charges and payment

• We charge you when you place your Order.
  However, for some Products or Services we take payment at regular intervals, as explained to you during the order process. In the case of a Product, you will own it once we have received payment in full.
• Payments & deposit payments can be made through a member of our Sales Team, online or in person using all major credit and debit cards with the Magbility Secure Payment System and all Orders are processed in accordance with current legislation.
• We charge interest on late payments.
  If we are unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You pay us the interest together with any overdue amount.
• Prices and charges include VAT at the rate applicable at the time of your Order.
• We pass on increases in VAT.
  If the rate of VAT changes between your Order date and the date we supply the Product or provide the Services, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
• VAT Relief.
  The following Customers may be eligible for VAT Relief on their Order:
  • individuals who are chronically sick or disabled and whose Products are for personal use; or
  • charities where the Products are made available to a chronically sick or disabled person for their own personal/domestic use.

• To qualify for VAT Relief, you must ensure that the VAT Relief checkboxes are selected when placing your Order, in addition to stating the precise medical condition that applies. This is known as the VAT Relief Declaration. Assuming you meet the criteria to qualify for VAT Relief, VAT will not be added to the Order (unless a particular Product has compulsory VAT). Orders that are received without a completed VAT Relief Declaration will include VAT at the rate applicable at the time of your Order. VAT Relief Declarations completed by Customers are accepted as evidence by the Supplier that a valid medical condition exists for exemption under the Value Added Tax Act 1994 until proved otherwise, and no VAT will be charged on the Products purchased. If, at a later date, HMRC disputes the validity of the medical condition, you will be liable to pay the appropriate VAT that should have been applied. Under those circumstances, we reserve the right to demand that you pay the VAT amount that is due.

Delays outside our control

We are not responsible for delays outside our control. If our supply of your Product or provision of the Services is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be longer than 1 calendar month from the date of delivery as detailed in the Order you can contact our Customer Service Team to end the Contract and receive a refund for any Products or Services you have paid for in advance, but not received, less reasonable costs we have already incurred.

Products

1. Products can vary slightly from their pictures.
   A Product’s true colour may not exactly match that shown in our marketing literature and may vary from one manufacturing batch to another or its packaging may be slightly different. Whilst every effort has been taken to ensure that the Products supplied correspond as closely as possible to the pictures illustrated on our website and in our brochures, they may vary due to the unique characteristics and variation of materials.
2. You’re responsible for making sure your measurements are accurate.
   If we are making or supplying the Product to measurements you provide, you’re responsible for making sure those measurements are correct. Find information and tips on how to measure on our website and in our brochure or contact our Customer Service Team. Please note: You should allow for +/- 5% tolerance in the measurements you provide, versus the final measurements of the product.

Delivery, installation of products and provision of services

1. We will deliver the Products to and perform the Services at the Delivery Location by the time or within the agreed period in the Order or, failing any agreement, without undue delay and, in any event, not more than 6 months after the day on which the Contract is entered into.
2. Once your Order has been processed, the Delivery Location for that Order cannot be changed.
3. Subject to the occurrence of any events beyond our control as detailed in Clause (‘Delays outside our control’), if we do not deliver the Products on time, you can (in addition to any other remedies) treat the
   Contract at an end if:
   • we have refused to deliver the Products in accordance with the Order, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
   • after we have failed to deliver on time in accordance with the Order, you have specified a later period that is appropriate to the circumstances and we have not delivered within that period.
4. We charge you if you don’t give us information we need or do preparatory work as agreed with us.
   We charge you additional sums if you do not give us information we’ve asked for about how we can access your property for delivery, installation of Products or to provide Services or if you don’t do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower, reschedule Services or use an alternative method of delivery.
5. We do not generally deliver to addresses outside England and Wales, Scotland and Northern Ireland. If we do accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not cover those costs. Additional charges may also apply for delivery to non-UK mainland addresses (including Northern Ireland) and addresses in the Scottish Highlands.
6. You agree we may deliver Products in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
7. If you or your nominee fail, through no fault of ours, to take delivery of the Products at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
8. The Products will become your responsibility from completion of the delivery or Customer collection. You must, if reasonably practicable, examine the Products before accepting them and in the event that the Products are damaged on delivery, you should report it immediately to us on the same day as delivery, providing images of the damage to us where possible and by signing and marking the delivery note “Damaged on Arrival”.
9. You must retain the packaging of the Product until you confirm that you are satisfied with the Product and you should use that packaging wherever possible, in the event that you need to return the Product to us.

Risk and title

1. Risk of damage to, or loss of, any Products will pass to you when the Products are delivered to you or when you collect them from us.
2. You do not own the Products until we have received payment in full. If full payment is overdue or we believe, whilst acting reasonably, that you will be unable to pay in full, we can choose by notice to cancel any delivery and end any right of yours to use the Products in your possession, in which case you must return them to us or allow us to collect them.

Right to change your mind

If you bought online, , over the telephone or in store, you have a legal right to change your mind.

1. Your legal right to change your mind.
   For most of our Products bought online, by mail order, over the telephone or in store, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the standard delivery costs. This is subject to some conditions, as set out below.
2. When you can’t change your mind.
   You can’t change your mind about an Order for:
   • Services, once these have been completed;
   • Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
   • Products that are made to your specifications or are clearly personalised and adapted ;
   • Products which become mixed inseparably with other items after their delivery.
3. The deadline for changing your mind.
   If you change your mind about a Product or a Service you must let us know no later than 14 days after:
   • the day we deliver your Product, for example, a mobility scooter.
   • the day we confirm we have accepted your Order, if it is for a Service, for example, an extended warranty.
4. How to let us know.
   To let us know you want to change your mind, contact our Customer Service Team or see our Returns Process.
5. You have to return the Product at your own cost.
   For Products, for example, a mobility scooter, you have to return it (and any free gifts provided with it) to us within 14 days of you telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the Product. You can:
   • bring the Product to the store that you purchased and took the Product away from. You will need your receipt and the card you paid with; or
   • when the Product has been delivered to you, send the Product back to us, using an established tracked delivery service that provides proof of delivery. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the Products at all or within a reasonable time we won’t refund you the price. For help with returns, including our collection arrangements for Products which can’t be posted, see our Returns Process: https://www.magbility/returnsat: customerservice@magbility.co.uk or contact our Customer Service Team. The returned Product should be packed in the same manner as originally delivered, preferably using the same packaging materials.
6. We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.
7. You have to pay for Services you received before you changed your mind. If you bought a Service (such as an extended warranty) we don’t refund you for the time you were receiving it before you told us you’d changed your mind.
8. We reduce your refund if you have used or damaged a Product.
   If you handle the Product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the Product’s condition is not “as new”, price tags have been removed, the product-branded packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the Product, no refund may be due. Our Customer Service Team can advise you on whether we’re likely to reduce your refund.
9. When and how we refund you.
   If you tell us you’ve changed your mind about a Product that hasn’t been delivered or one that we’re collecting from you or if the Services haven’t been provided, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If you’re sending a Product back to us, we refund you within 14 days of receiving it back from you (or receiving evidence you’ve sent it to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

Ending a contract

1. You can end an on-going Contract.
   We tell you when and how you can end an on-going Contract with us (for example, for regular Services or a subscription for Products) during the Order process and we confirm this information to you in writing after we’ve accepted your Order. If you have any questions, please contact our Customer Service Team.
2. You have rights if there is something wrong with your Product.
   If you think there is something wrong with your Product, you must contact our Customer Service Team. We honour our legal duty to provide you with Products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that, as detailed in Clause (‘Disputes and complaints’), you have several options for resolving disputes with us.
   • Summary of your key legal rightsIn the case of Products, for example, a mobility scooter, the Consumer Rights Act 2015 says goodsmust be as described, fit for purpose and of satisfactory quality. During the expected lifespan of yourProduct your legal rights entitle you to the following:
     • Up to 30 days: if your Products are faulty, then you can get a refund.
     • Up to 6 months: if your Products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
     • Up to 6 years: if your Products do not last a reasonable length of time you may be entitled to some money back.

     In the case of Services, for example, an extended warranty, the Consumer Rights Act 2015 says:

     • You can ask us to repeat or fix a Service if it’s not carried out with reasonable care and
     • skill, or get some money back if we can’t fix it.
     • If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
     • If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

     In the case of Warranties:

     • The manufacturers will supply a warranty in addition to your rights under the Sale of Goods Act.
     • You will receive a 1-year warranty which covers parts and labour (some exceptions will apply
     • please refer to the individual owner’s manual). If an engineer call out is required, then a charge
     • will be made in advance which will be refundable if a manufacturing fault is confirmed.
     • Please also note that our warranties only cover domestic use; items for use in commercial
     • properties might not be covered.

     Our warranty does not cover items used outside of the UK mainland and does not include the cost of the hire of a replacement product(s). For items purchased outside of mainland UK, we can provide a return to base warranty at our discretion and at your cost. Our warranties provide coverage only if you maintain or use the product as directed. For example, our warranty covers only personal uses – as opposed to business uses – of the product. If there are multiple users of the product, then we would not cover any product faults. Please note: If you have made any modifications to the product, including but not limited to, repairs or servicing undertaken by a Third Party, then this invalidates the manufacturer’s warranty and Magbility’s guarantee.

3. If you end the Contract in accordance with this Clause (‘Ending a contract’), we will, in addition to other remedies, promptly return all payments made under the Contract.
4. If you were entitled to treat the Contract at an end but do not do so, you are not prevented from cancelling the Order for any Products or from rejecting Products that have been delivered and, if you do this, we will, in addition to other remedies, without delay return all payments made under the Contract for any such cancelled or rejected Products. If the Products have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this, before a refund can be given.

Changes to products, services and these terms

1. Changes we can always make.
   We can always change a Product or a Service:
   • to reflect changes in relevant laws and regulatory requirements;
   • to make minor technical adjustments and improvements. These are changes that don’t affect your use of the Product or the Service.
2. Changes we can only make if we give you notice and an option to terminate.
   We can also make significant changes to the Product, the Services or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team to end the Contract before the change takes effect and receive a refund for any Products or Services you’ve paid for in advance, but not received, such changes may include:
   • changing the colour of the Product ordered and substituting from a range of colours available;
   • providing an alternative element of a Service where the element may not be available from our original third party supplier.

Suspension, termination and withdrawal

1. We can suspend the supply of a Product or provision of the Services. We do this to:
   • deal with technical problems or make minor technical changes;
   • update the Product or Services to reflect changes in relevant laws and regulatory requirements; or
   • make changes to the Product or Services (see Clause (‘Changes to Products, Services and These Terms’)).
2. We let you know, may adjust the price and may allow you to terminate.
   We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the Product or the provision of the Services for longer than 3 months in any 6 month period we adjust the price so you don’t pay for it while it’s suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than 6 months you can contact our Customer Service Team to end the Contract and we’ll refund any sums you’ve paid in advance for Products or Services you won’t receive.
3. We can withdraw Products or Services.
   We can stop providing a Product or Service such as an ongoing Service or a subscription for Products. We let you know at least 3 months in advance, and we refund any sums you’ve paid in advance for Products or Services which won’t be provided. We can stop providing spare parts for Products you have purchased from us in the event that our Supplier ceases trading. We will endeavour to hold a suitable stock level of spare parts for our full product range, but in some instances, it may be out of our control to hold a suitable quantity to meet the needs of our existing customers, and we may have to offer an alternative solution.
4. We can end our Contract with you.
   We can end our Contract with you for a Product or a Service and claim any compensation due to us if:
   • you don’t make any payment to us when it’s due and you still don’t make payment within 30 days of our reminding you that payment is due;
   • you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Product or perform the Service, for example, the floor of your property that the Products should be delivered to or installed in by us;
   • you don’t, within a reasonable time, either allow us to deliver the Product to you or collect it from us, or perform the Service. If you have said you will collect a Product (“click and collect”) but you don’t do this within 1 calendar month then (unless the Product is made to your specifications or is clearly personalised) we treat your Order as cancelled and refund the purchase price, see Clause (‘Right to change your mind’). If you bought online, by mail order, over the telephone or in store, you have a legal right to change your mind.

Liability

1. We don’t compensate you for all losses caused by us, our Products or our Services.
2. We’re responsible for losses you suffer caused by us breaking this Contract unless the loss is:
   • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your Order meant we should have expected it (so, in the law, the loss was unforeseeable).
   • Caused by a delaying event outside our control. As long as we have taken the steps set out in Clause ‘DELAYS OUTSIDE OUR CONTROL’, we’re not responsible for delays outside our control.
   • Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
   • A business loss. It relates to your use of a Product or a Service for the purposes of your trade, business, craft or profession.

Personal data

How we use any personal data you give us is set out in our Privacy Notice.

Recycling

We regularly assess the sustainability implications of our policies and practices. As such, sustainable business practices consider: the environmental, social and economic consequences of design; non-renewable material use; manufacture and production methods; logistics, delivery; re-use; recycling options; disposal and our ability to address these consequences throughout. Further information can be found in our Recycling Notice.

Disputes and complaints

You have several options for resolving disputes with us.

1. Our complaints policy.
   Our Customer Service Team will do their best to resolve any problems you have with us or our Products or Services as per our complaints policy. You can submit a complaint to the Customer Services Team via post at Magbility Unit 22 Sanders Rd Industrial Estate, Bromsgrove B61 7DG or customerservice@magbility.co.ukThese terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Contract transfer

1. We can transfer our Contract with you, so that a different organisation is responsible for supplying your Product or providing you with the Services.
   We’ll contact you to let you know if we plan to do this. If you’re unhappy with the transfer you can contact our Customer Service Team to end the Contract within 30 days of us telling you about it and we will refund you any payments you’ve made in advance for Products not provided or Services not performed.
2. You can only transfer your Contract with us to someone else if we agree to this so you must notify us before you transfer the Products or Contract to a new owner.
   We may not agree to the transfer of the Contract if the Products in your possession are not in a serviceable condition or there are outstanding payments owed for the Products. However, you can transfer our guarantee to a new owner of the Product but we will not accept any liability under such guarantee unless the person seeking to rely on it is the original purchaser, i.e. you or can produce a letter from you transferring the benefit of the guarantee to the new owner of the Products. We can require the new owner to prove you transferred the Product to them, for example by producing a sales receipt from you.

Third party rights

Nobody else has any rights under this Contract. This Contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

Severance

If a court invalidates some of this Contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Enforcement of contract

Even if we delay in enforcing this Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.