The customer’s attention is drawn in particular to the provisions of clause 7.
1. Definitions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
“Event Outside Our Control” is defined in clause 8.2;
“Goods” are the goods that We are selling to you as set out in the Order;
“Guarantee period” is the period of time set out on our website or the documentation accompanying the Goods during which we guarantee the Goods will be free from material defects;
“Order” is your order for the Goods, which may be submitted online, by telephone, in person in one Our stores or during a visit by a member of Our home sales team;
“Terms” are the terms and conditions set out in this document; and
“We/Our/Us” are TGA Mobility Limited.
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 supply Goods to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order are complete and accurate, before you submit your Order. If you think that there is a mistake, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.
2.3 We consider that these Terms and the Order constitute the whole agreement between you and Us.
2.4 When you sign and submit the Order to Us, this does not mean We have accepted your order for the Goods. Sometimes we reject Orders, for example because a product is unexpectedly out of stock or because the Goods were mispriced by us. When this happens, we will let you know as soon as possible and refund any money you may have paid. We will confirm to you when we have accepted your Order.
2.5 If any of these Terms conflict with any term on the Order, the Order will take priority.
2.6 We reserve the right to change the specification of the Goods if it is necessary to comply with safety requirements or other changes in legislation. Any changes will not materially affect the appearance or performance of the Goods.
2.7 A quotation for the Goods given by Us does not constitute an offer. A quotation shall only be valid for a period of 30 days from its date of issue.
3. Delivery of Goods
3.1 Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 8 for Our responsibilities when this happens.
3.2 If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours of 9.00am to 5.00pm on weekdays.
3.3 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you collect the Goods from Us.
3.4 We may deliver the Order in instalments. We will not charge you extra delivery costs for this unless you have asked Us to deliver the Order in instalments. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
3.5 The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from Us.
You own the Goods once We have received payment in full.
4. If the Goods are faulty
4.1 As a consumer, you have legal rights in relation to Goods. We honour Our legal duty to provide you with Goods that are as described to you and that meet all the requirements imposed by law. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. Our guarantee of Goods
5.1 We guarantee that on delivery and for the Guarantee Period, the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 5.2 or where the Goods are second hand.
5.2 This guarantee does not apply to any defect in the Goods arising from fair wear and tear; wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; if you fail to operate or use the Goods in accordance with the user instructions; any alteration or repair by you or by a third party who is not one of Our authorised repairers; or any specification provided by you.
5.3 If We agree to extend the duration of the Guarantee Period, this extension shall not apply to any battery in the Goods. A battery shall be guaranteed for a maximum period of 12 months.
5.4 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
6. Price and payment
6.1 The price of the Goods shall be the price We quoted to you or, where no price has been quoted (or a quotation is no longer valid), the price set out on Our website or in Our price list in force at the time We confirm your Order. Our price list may change at any time, but price changes will not affect Orders that We have confirmed with you.
6.2 These 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.
6.3 The prices for the Goods exclude any delivery costs. We will inform you of any delivery costs, which will be added to the total amount due.
6.4 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 Goods’ correct price is higher than the price stated on Our website or in our brochure, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
6.5 Where We are providing Goods to you, you must make payment for the Goods on or before delivery by credit or debit card. If you wish to pay for the Goods on delivery, We will usually require a deposit prior to delivery with the balance due being paid on delivery. We accept payment with Visa, Mastercard, cash or cheque. We will not charge your credit or debit card until We despatch the Goods to you.
6.6 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of National Westminster Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
6.7 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 6.6 will not apply for the period of the dispute.
7. Our liability to you
7.1 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 the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if the loss or damage was contemplated by you and Us at the time we entered into this contract.
7.2 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 other business losses.
7. 21 We do not exclude or limit in any way Our liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or fraud or fraudulent misrepresentation.
8. Events Outside Our Control
8.1 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.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods by contacting Us at any time before the Goods are despatched to you. We will confirm your cancellation in writing to you and if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.
8.5 We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks. We will promptly contact you if this happens. If We have to cancel an order under this clause 8.5 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.
9. Your cancellation rights
9.1 If you order Goods from Us online, over the telephone, by mail order or in your own home you have a legal right to change your mind and cancel the contract. In addition, we offer a goodwill guarantee for Goods purchased in our stores, which is more generous than your legal rights. These rights are subject to some conditions as set out below.
Your legal rights
14 days to change your mind for online, telephone, mail order and in home sales only.
Our goodwill guarantee
30 days for Goods purchased in our stores.
9.2 You cannot change your mind and cancel an order for:
- Goods sealed for health protection or hygiene purposes, once you have unsealed them; and
- Goods that are made to your specifications or which are personalised for you.
9.3 Your legal right to cancel the contract starts from the date of Our acceptance of your Order, which is when the contract between us is formed.
9.4 To cancel the contract, you must contact us in writing by sending an e-mail to sales@tgamobility.co.uk or by sending a letter to the Customer Service Manager. TGA Mobility Limited, Woodhall Business Park, Sudbury, Suffolk CO10 1WH. You may wish to keep a copy of your cancellation notification for your own records.
9.5 You will receive a full refund of the price you paid for the Goods and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave Us notice of cancellation as described in clause 9.4. If you returned the Goods to Us because they were faulty or mis-described, please see clause 9.6.
9.6 If you have returned the Goods to Us under this clause 9 because they are faulty or mis-described, we will refund the price of defective Goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to Us.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 If the Goods were delivered to you:
- you must return the Goods to Us as soon as reasonably practicable;
- unless the Goods are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Goods to Us;
- you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the written acceptance of your Order.
9.10 As a consumer, you will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. Information about Us and how to contact Us
10.1 If you have any questions or if you have any complaints, please telephone Our customer service team on 01787 882244 or e-mail Us at sales@tgamobility.co.uk.
10.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail, by hand, or by pre-paid post to TGA Mobility Limited at Woodhall Business Park, Sudbury, Suffolk CO10 1WH or sales@tgamobility.co.uk. 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.
10.3 We are a company registered in England and Wales. Our company registration number is 03581439 and Our registered office is at 4 & 5 The Cedars, Apex 12 Old Ipswich Road, Colchester, Essex, CO7 7QR, United Kingdom. Our registered VAT number is 103486490.
11. How We may use your personal information
11.1 We will use the personal information you provide to Us to:
- provide the Goods;
- process your payment for such Goods; and
- inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
11.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
11.3 We will not give your personal data to any other third party, except as set out in the privacy notice available on our website.
12. Other important terms
12.1 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.
12.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
12.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, a future purchaser of your Goods will have the benefit of the guarantee at clause 5 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
12.4 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.
12.5 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.
12.6 These 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.
SAL05 V1809-2024
