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Terms and Conditions

Posted on: December 24th, 2013 by dan








We strongly encourage you to read these Terms in their entirety before placing any Order with Us. However you should note the following terms in particular:

• Clause 9, which describes our liability to you

• Clauses 4.6 and 8.8 which entitle us to charge a re-delivery charge in certain circumstances

• Clause 11, which explains your cancellation and refund rights

Large print and braille versions of these terms and conditions are available upon request.

If you have any questions, you can call Us directly on 0800 073 0063 (calls are free from landlines but may cost from mobiles) or 0117 202 0272 (calls from mobiles will be charged at your standard network rate) or by email at customer.service@oaktreemobility.co.uk


1. Definitions

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

1.1.1 Bespoke Goods: Goods that are made according to the measurements that We have taken and/or Goods that are made with the features and in the style, fabric and colour chosen by you;

1.1.2 Event Outside Our Control: is defined in clause 10.2;

1.1.3 Goods: the goods (which includes, where appropriate, any Bespoke Goods) that We are selling to you as set out in the Order;

1.1.4 Order: your order for the Goods as set out on our order and invoice form;

1.1.5 Terms: the terms and conditions set out in this document; and

1.1.6 We/Our/Us: Oak Tree Mobility Limited (please see clause 13 for further information about Us and how to contact Us).

1.2 When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.


2. Our contract with you

2.1 These are the terms and conditions on which we will supply Goods to you.

2.2 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, please contact us to discuss it. We will confirm any changes in writing to avoid any confusion between you and us.

2.3 The terms of any sales, special offers or other promotions will be published on Our website or on any printed advertisement or promotional materials and will apply in addition to these Terms.

2.4 Once you have signed the Order, a legally binding contract will come into existence between you and us. A copy of the Order will be given to you at the time of signing. The number of your Order will be printed on the Order and you should quote this number in all subsequent correspondence with us relating to the Order.

2.5 The images of the Goods on our website or in our catalogue or brochure are for illustrative purposes only. We have made every effort to display the colours accurately, however we cannot guarantee that your computer’s or device’s display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.

2.6 Although we make every effort to be as accurate as possible, measurements for Bespoke Goods shall be subject to a tolerance of one inch in respect of each measurement.


3. Changes to your Order or these Terms

3.1 We may revise these Terms from time to time in order to respond to changes in relevant laws and regulatory requirements or to follow best practice.

3.2 Where we revise any of these Terms under clause 3.1 and those changes affect the contract between you and Us, We will give you at least two weeks’ written notice of those changes before they take effect.

3.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11. 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.

3.4 Your cancellation rights are described in clause 11.


4. Delivery of goods

4.1 We will provide you with an estimated delivery date on the Order. While we will use our best efforts to deliver the Goods by the estimated delivery date, any dates that we specify for delivery of the Goods are approximate only.

4.2 Timescales for delivery will vary depending on the availability of the Goods (or any parts, fabrics or other materials), the complexity of any Order for Bespoke Goods and, in certain circumstances, your delivery address. You should allow extra time for deliveries to Northern Ireland and the Scottish Highlands. We will only deliver Goods within the UK mainland and Northern Ireland.

4.3 We will contact you nearer the estimated delivery date to confirm the actual delivery date with you. We will also give you the option to pay the balance of the price for the Goods in accordance with clause 8.6. We will confirm the estimated time of delivery on the day before or on the day of delivery by telephone.

4.4 Where it appears that the estimated delivery date will be missed then we will provide you with a revised delivery date, which will not be more than 14 days from the estimated delivery date.

4.5 Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see clause 10 for our responsibilities when this happens.

4.6 If no one is available at your address to take delivery on the date and at the time notified to you, then We will leave you a note that the Goods have been returned to Our warehouse, in which case, you should contact Us to rearrange delivery. We may charge a re-delivery fee of £125 (including VAT) in these circumstances.

4.7 Where we have revised the delivery date under clause 4.4 and subsequently failed to deliver the Goods within 14 days from the estimated delivery date, or we agreed a specific delivery date with you and have missed that date, then you may cancel your Order in respect of some of all of the Goods straight away. Alternatively you can give ask us to deliver the Goods on a date more convenient for you (which must be reasonable). If any of the Goods have already been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order We will refund any sums you have paid to us for the cancelled Goods and their delivery (where applicable).

4.8 Delivery of an Order shall be completed when we deliver the Goods to the address you gave us and the Goods will be your responsibility from that time. You may want to contact your insurance provider to ensure that the Goods are included within the scope of your home and contents insurance policy.

4.9 You own the Goods once we have received payment in full.


5. If the goods are faulty

As a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk) or Trading Standards office (www.gov.uk/find-local-trading-standards-office). Nothing in these Terms will affect these legal rights.


6. Guarantees of the Goods

6.1 The guarantees referred to in this clause are in addition to any warranties that we may offer, as referred to in clause 7. In any event, nothing will affect your 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 (see links referred to in clause 5).

6.2 Where any Goods come with a manufacturer’s guarantee, you should refer to the terms of such guarantee as provided with the Goods.

6.3 Where any Goods do not come with a manufacturer’s guarantee, 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 6.4.

6.4 This guarantee does not apply to any defect in the Goods arising from:

6.4.1 fair wear and tear;

6.4.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

6.4.3 if you fail to operate or use the Goods in accordance with the user instructions; and

6.4.4 any alteration or repair by you or by a third party who is not one of our authorised repairers.


7. Warranties

Please refer to our separate Warranty Terms and Conditions document for details of the warranties that we offer on some of Our Goods. Where applicable, the Warranty Terms and Conditions shall form part of the agreement between you and us together with these Terms.


8. Price and payment

8.1 The price of the Goods will be set out in 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.

8.2 If you have a long-term illness or disability, you may not have to pay VAT on the Goods. If you are eligible, or believe that you may be eligible, to claim VAT relief on the Goods, then you will be asked to sign a declaration as part of the Order. You should note that there are penalties for making false declarations and if you are in any doubt as to eligibility, you should contact the VAT Enquiries Office on 0300 200 3700.

8.3 Unless you are eligible to claim VAT relief as described in clause 8.2, our prices include VAT. However, if the rate of VAT 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.

8.4 We offer free delivery on all Orders within mainland UK and Northern Ireland.

8.5 It is always possible that, despite our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of our despatch procedures so that, where the Goods’ correct price is less than our stated price, We will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our website or in any catalogue or brochure or price list, we will contact you to tell you and ask for your instructions.

8.6 We require the payment of a 50% deposit for the Goods at the time of your Order. Until payment of the deposit has been received, we will be unable to process your Order. Without affecting your rights of cancellation and refund under clause 11 and your right to a refund if we exercise our rights of cancellation under clause 12, all deposits shall be non-refundable.

8.7 The balance of 50% for the Goods must be paid on or before the time of delivery and may be paid at the time of delivery. We will give you the option to pay the balance of the price for the Goods when we call to confirm the actual delivery date.

8.8 If, on the day of delivery, you have not paid the balance and are unable to pay the balance at the time of delivery, then we will be entitled to return the Goods to Our warehouse. Where payment of the balance is subsequently made, we will arrange for re-delivery of the Goods. We may charge a re-delivery fee of £125 (including VAT) in these circumstances.

8.9 We accept payment by cash, cheque, credit or debit card (Visa Debit, Visa Credit, Mastercard and Maestro). We do not accept payment by Diners Club or American Express.

8.10 Payment for the Goods does not affect your cancellation rights as described in clause 11 or your right to a refund if we exercise our rights of cancellation under clause 12.


9. Our liability to you

9.1 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 these Terms or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was envisaged by you and us at the time we entered into this contract.

9.2 Where we are installing the Goods in your property, we will make good any damage to your property caused by Us (which includes Our subcontractors) 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 property that we discover in the course of installation and/or performance by us.

9.3 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.

9.4 We do not exclude or limit in any way our liability for:

9.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

9.4.2 fraud or fraudulent misrepresentation;

9.4.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

9.4.4 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

9.4.5 defective products under the Consumer Protection Act 1987.


10. Events Outside Our Control

10.1 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.

10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes 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, accidents, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or adverse weather conditions.

10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

10.3.1 we will contact you as soon as reasonably possible to notify you; and

10.3.2 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.

10.4 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 11. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks in accordance with our cancellation rights in clause 11.


11. Your rights to cancel and applicable refund

11.1 Except in the circumstances described in clauses 11.7 and 11.8, you have the right to cancel your Order without giving us any reason:

11.1.1 if you have only ordered one item of Goods from Us, within a period of 14 days beginning on the day after the day when the item has been delivered to you or to any person who you have chosen to accept delivery of the Goods on your behalf;

11.1.2 if you have ordered more than one item of Goods from Us in a single Order, within 14 days beginning on the day after the day when the last item of the Goods in that Order has been delivered.

11.2 To exercise your right to cancel, you must inform us of your decision by making a clear statement of your decision to cancel your Order (e.g. a letter sent by post, email or telephone call – see contact details in clause 13.3). You may use the cancellation form provided with your Order, however this is not obligatory.

11.3 To meet the cancellation deadline, it is acceptable for you to communicate this to us before the cancellation period has ended.

11.4 If you cancel any Order:

11.4.1 we will refund all payments received from you including, if applicable, the costs of delivery (unless you request a more expensive method of delivery than the standard delivery service offered by Us, in which case we may retain the difference between our direct costs for standard delivery and the amount you paid for your chosen method of delivery);
11.4.2 we will collect the Goods from you if they have already been delivered, without any cost to you;

11.4.3 We may make a deduction from the amount to be refunded to you (which may be the total price for the item) if the value of the Goods has been reduced as a result of any unnecessary handling of the Goods by you (which means any handling (including use) beyond that which would reasonably be allowed in a shop).

11.5 We will pay any refund to you without undue delay and not later than 14 days:

11.5.1 if the Goods have been delivered to you, after the day we collect the Goods back from you; or

11.5.2 if the Goods have not been delivered to you, after the day on which We are informed about your decision to cancel your Order.

11.6 Refunds will be made using the same means of payment as you used for paying the initial deposit, unless you agree otherwise. We will not charge you any fees for making any refund to you.

11.7 In the case of Bespoke Goods, you will only be able to cancel your Order and be entitled to a refund of any payment in advance for Goods if our records indicate that manufacture of the Bespoke Goods has not yet commenced. If you contact us to cancel an Order for Bespoke Goods, then we will confirm whether this is the case. This does not affect your legal rights as a consumer in relation to Bespoke Goods that have been delivered to you and which are faulty or not as described.

11.8 For hygiene reasons, you will not be able to cancel your Order and receive a refund for any mattresses, pillows, mattress protectors, duvets or other Goods that are sealed if you have unsealed them. This does not affect your legal rights as a consumer if such Goods are faulty or not as described.


12. Our rights to cancel and applicable refund

12.1 We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock (including materials, parts or fabrics). If this happens:

12.1.1 we will promptly contact you to let you know;

12.1.2 if you have made any payment in advance for Goods that have not been delivered to you, we will promptly refund these amounts to you;

12.1.3 where we have already started work on your Order for Bespoke Goods by the time we have to cancel under clause 12.1.1, we will not charge you anything and you will not have to make any further payment to us.


13. Information about Us and how to contact us

13.1 We are a company registered in England and Wales. Our company registration number is 06829860 and Our registered office is at Second Floor, St James Court, 9/12 St James Parade, Bristol BS1 3LH. Our registered VAT number is 970234627.

13.2 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 0800 073 0063 (calls are free from landlines but may cost from mobiles) or 0117 202 0272 (calls from mobiles will be charged at your standard network rate) or by e-mailing us at customer.service@oaktreemobility.co.uk.

13.3 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:

Oak Tree Mobility

Customer Services Team

St James Court

Cannon Street

Bristol

BS1 3LH

Email: customer.service@oaktreemobility.co.uk

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.


14. How we may use your personal information

14.1 We will use the personal information you provide to us to:

14.1.1 provide the Goods;

14.1.2 process your payment for such Goods; and

14.1.3 subject to obtaining your express consent on the Order, to inform you about similar products or services that we provide and related products or services from our carefully selected third parties (but you may stop receiving these at any time by contacting Us).

14.2 We will not give your personal data to any third party other than those engaged in delivering the Goods to You and our associated media services business, World Class Media Limited (company number 07709159).


15. Other important terms

15.1 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.

15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.3 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.

15.4 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.

15.5 These Terms are governed by English law. You and We both agree to be subject to the non-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.


Complaints Procedure

If you have any complaints or concerns regarding any goods that we have sold to you, the manner in which we have sold any goods to you or our customer service, then you should contact us using the following methods:

By telephone 0800 073 0063 (calls are free from landlines but may cost from mobiles) or 0117 202 0272 (calls from mobiles will be charged at your standard network rate) by e-mailing us at customer.service@oaktreemobility.co.uk.

Or if you wish you can contact us in writing or by pre-paid post to

Oak Tree Mobility Customer Services Team,

Oak Tree Mobility Ltd

2nd Floor, St James Court

St James Parade

Bristol

BS1 3LH

We will acknowledge all complaints made by telephone within two working days and all complaints made by letter or email within five working days. We aim to deal with all of our customers professionally, courteously and fairly when dealing with complaints.

You can also obtain further advice about your legal rights from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk) or Trading Standards office (www.gov.uk/find-local-trading-standards-office).

Useful Information

Who do I contact if I have a complaint?

You can contact our customer service team on 0800 073 0063 or 0117 2020 272 or via email customer.service@oaktreemobility.co.uk or in writing to Oak Tree Mobility Ltd, 2nd Floor,
St James Court, St James Parade, Bristol BS1 3LH

How quickly can I expect a response to my complaint?

We endeavour to acknowledge all complaints within 24 hours and to give you a time frame to resolve any issues you may have (refer to page 26 for our complaints procedure).

What happens if I need to cancel my scheduled delivery?

We require 24 hours’ notice if you need to cancel/reschedule your delivery. You are required to contact our customer service team on 0800 073 0063 or 0117 2020 272 to cancel/reschedule your delivery.

How long will any agreed refund take to reach me?

All refunds will be returned within 14 days from the date agreed between yourself and us.

Can I request to have my documents in larger print or braille?

Yes, all documents are available in larger font or braille on request.


Please note that we do not currently sell any of our goods online. These terms and conditions will apply if you subsequently order goods from us following a visit at your home by one of our sales representatives.