Terms & Conditions of Sale for Cyclone Technologies Ltd
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE SIGNING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE 23/07/2018
1. Formation of the Contract
1.1 These Terms of Sale apply to all products supplied by Cyclone Technologies Ltd. A company registered in England and Wales under company registration number 06640707 whose registered office is at Unit 20, Heron Business Park, Tan House Lane, Widnes, WA8 0SW, 0800 180 4850, firstname.lastname@example.org (referred to as “we” or “us” or “our”) whether such products are ordered via an order placed with our Sales Advisors, over the telephone or by any other means of communication.
1.2 The contract between us starts when you receive our order acknowledgement.
1.3 This contract is subject to your right of cancellation. (Please see below).
1.4 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
1.5 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
1.6 We may revise these Terms as they apply to your order from time to time.
1.7 By placing an order with us you warrant that you are of 18 years of age and are legally capable of entering into binding contracts.
2. Description and Price of Products
2.1 The images of the Products on our website and in our Mobility Brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours or the colours in the brochure accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site or in our brochure.
2.3 In addition to the price of the Products, you will be required to pay a delivery charge for the Products, which will be set out in our quotation.
2.4 The price quoted for the Products is exclusive of VAT. VAT relief may be available on the Products on completion of the VAT Exemption Form which will be provided to you by us. Our VAT registration number is GB936851883.
3. Sales Order Process
3.1 Book an appointment with one of our experienced sales advisors.
3.2 They will demonstrate and discuss our Products best suited to you.
3.3 Choose your product, our Sales Advisor will provide you with a Quotation.
3.4 Review your Quotation and approve the order form by means of your signature.
3.5 We will provide you with an Invoice, payment of a deposit will be required to secure your order. The deposit paid will be non-refundable if the item is bespoke or must not be opened/used for hygiene reasons.
3.6 Your Product is ordered and an Order Acknowledgement will be sent.
4. Sale & Payment
4.1 Payment of your Deposit, Product and Delivery Charges can be made over the phone by Visa Debit/Credit, Mastercard or Bank Transfer, we do not accept payment by American Express. All details can be found on the invoice which you will be supplied with once you place your order.
4.2 If you are funding the balance of your purchase through a monthly payment plan, that agreement is between you and the finance provider. Please refer to the finance provider’s Terms and Conditions.
5.1 If your chosen product is available for Home Delivery/Set-Up by our engineers (at the quoted cost) you will have the option to choose this method of delivery during the Order Process. Our Customer Service Advisors will contact you to arrange a suitable date and time for delivery to the address you provided during the order process.
5.2 For products requiring collection from our Showroom, our Customer Service Advisors will contact you to arrange a suitable date and time.
5.3 If an order for delivery to an address in mainland Britain is received by us by 2pm on a Monday to Friday (excluding bank holidays and the period between 23rd December and 2nd January), the Products in question are in stock and your payment has been received in cleared funds then we will usually dispatch the Products the next working day.
5.4 For Home Delivery products, we employ professional carriers. If there is no-one at the address given who is competent to accept delivery of the Products and provide the required signature, you will be notified of an alternative delivery date or place to collect the Products. You will be responsible for any extra delivery charges associated with any such re-delivery up to a maximum of £45.00 (Forty-Five Pounds).
5.5 You must carefully examine the Products on arrival for any damage and to check they are the correct Products. If any damage is present or you have received the wrong Products, please notify us at the earliest possible opportunity. If signing for the Products and the parcel and/or the Products are damaged, please sign for the Products but mark the delivery note “Received Damaged”.
5.6 You will receive an Order Acknowledgement for your order once all relevant paperwork has been received and your deposit has been processed. If you are using a Wheelchair Services/NHS Voucher, Access to work or any other funding source, you must ensure all correct and relevant paperwork is received by Cyclone prior to collection/delivery of your Product(s). Failure to do so will leave you responsible for settling the remaining balance.
5.7 You will become the owner of the Products you ordered and responsible for risk of loss of or damage to them once they have been delivered and paid for in full by you.
6. Your right of cancellation
6.1 If you are a consumer, you have a legal right to cancel the Contract for the supply of Products during the period set out below in clause 6.2. This means that during the relevant period if you change your mind or decide for any reason that you do not want to receive or keep the Products, you can notify us of your decision to cancel the Contract and receive a refund.
6.2 Your legal right to cancel the contract starts from the date of the Order Acknowledgement (the date on which confirm our acceptance of your order) and expires 14 calendar days from the day following the delivery date of the Product.
You do not have the right to cancel bespoke items which have been made to your personal specification and these can therefore only be returned if faulty (a bespoke item is an item specifically made for you).
6.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form (available on request) and send back to us. You can also email us at email@example.com and contact us by telephone on 0800 180 4850. If you are emailing us, please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email. If you cancel the Contract you will then be given a reference number which we ask is enclosed and quoted when you return the Products to us.
6.4 If you cancel your contract, we will:
i. refund you the price you paid for the Products. However please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop
ii. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3/5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
iii. make any refunds due to you as soon as possible and in any event no later than 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 6.3.
6.5 If you have returned the Products to us under clause 5.5 because they are faulty we will refund the price of the Products in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.
6.6 We will refund you on the credit card or debit card used by you to pay.
6.7 Unless the product is faulty or not as described (in this case, see clause 5.5), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
6.8 If at any time there is a problem with the Product, please contact us immediately on 0800 180 4850 or email us at firstname.lastname@example.org
6.9 We are under a legal duty to supply products that are in conformity with this contract. If they are not as described, fit for purpose or of satisfactory quality, you may be entitled to repair, replacement or a refund depending on when the problem is discovered and reported to us. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
7.1 We will pass onto you the benefit of the manufacturer’s warranty.
7.2 The warranty does not apply to any defect in the Products arising from fair wear and tear, willful damage, accident, negligence by you or any third parties, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval.
7.3 If the Products supplied to you develop a defect while under warranty or you have any other complaint about the Products, you should contact us immediately.
7.4 You are responsible for the cost of transporting your products (and any other costs involved) back to Cyclone for warranty repairs. You may choose a home repair for which there will also be a charge at our standard daily engineering call-out rate.
8.1 When you return Products to us for any reason other than in accordance with your right of cancellation (as set out at clause 6 above), for instance because you claim that the Products are defective, you will need to follow the procedure at clause 6.3. We will examine the returned Products and notify you of the action we propose to take in accordance with your rights as a consumer. If we give you a refund we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail or in writing that you were entitled to a refund for the defective Products.
8.2 When you contact us to return Products under clause 6.3 above you will be given a Return Reference number, which we ask is enclosed and quoted when you return the Products to the Supplier. We request that you return the Products to us as soon as reasonably practicable and along with your proof of payment.
9. Data protection GDPR
9.1 We comply with GDPR and as such we will retain your information for the statutory length of time , due to legitimate and contractual interest. We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
9.2 We will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise.
9.3 You can correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the address or email address shown on our website.
9.4 We will not sell or share your information with any other 3rd party.
10. Events outside our control
10.1 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
i. we will contact you as soon as reasonably possible to notify you; and
ii. our obligations under a Contract 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10.2 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges
11. Other important terms
11.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
11.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
11.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms
11.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.5 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.
11.6 Please note that these Terms are governed by English law and you can bring proceedings in the English courts. If you live in Scotland, 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 proceedings in respect of the products in either the Northern Irish or the English courts.