Terms and Conditions

1. DEFINITIONS  

The following definitions apply in these Conditions: 

2. GENERAL

2.1. We are dedicated to providing mobility solutions to help improve our customers’ way of life and want to ensure you are happy at every stage of your journey with us. To support this, the following Conditions have been created. 

2.2. Please read these Conditions; they apply to every order placed by phone and via the Mobigo.co.uk website. These Conditions may have changed since you last reviewed them. 

2.3. These Conditions will apply to the purchase of the Products by you. By ordering any of the Products, you agree to be bound by these Conditions.

3. INFORMATION ABOUT US AND HOW TO CONTACT US

3.1. You can find everything you need to know about us, Mobigo-UK Limited, and our Products  on our website, in our catalogue, or from our sales staff before you place your Order.

3.2. 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.

3.3. If you want to make a purchase, check something, change something, ask a question or get technical support you can call us on 03330 52 42 52.

3.4. Our website, mobigo.co.uk, is operated by Mobigo-UK Limited.

4. BUYING FROM US

4.1. 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;

·        if you bought online, by mail order, over the telephone you have a legal right to change your mind;

·        you can end an on-going Contract (find out how);

·        you have rights if there is something wrong with your Product;

·        we can change Products and these terms;

·        we can suspend supply (and you have rights if we do);

·        we can withdraw Products;

·        we can end our Contract with you;

·        we don't compensate you for all losses caused by us or our Products;

·        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.

5. SUPPLYING YOU

5.1. 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.

5.2. Sometimes we reject Orders, for example,  because you are located outside the UK or our delivery areas, as stated on our website and in our marketing, or because the Product was mispriced by us. When this happens, we will let you know as soon as possible and refund any sums you have paid.

6. PRICES AND PAYMENT  

6.1. We charge you when you place your Order.

However, for some Products, 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.

6.2. You can make payment through a member of our Sales Team, online or in person using all major credit and debit cards with the Mobigo Secure Payment System and all Orders are processed in accordance with current legislation. We also accept PayPal for Orders via the www.mobigo.co.uk website. If there are any problems with receiving payment, we will let you know within 24 hours, although this could take a longer amount of time during Bank Holidays. 

6.3. When you use your credit card to buy something, you could be protected under Section 75 of the Consumer Credit Act 1974. As long as it costs more than £100 and less than £30,000, you can have an added layer of protection if something goes wrong.

6.4. 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 judgment. You pay us the interest together with any overdue amount.

6.5. Prices and charges include VAT at the rate applicable at the time of your Order.

6.6. The Product prices we display indicate the price both excluding and including VAT so you are clear on the price you will pay depending on any VAT relief entitlement as detailed in Clause 6.7. The Product prices displayed exclude the cost of delivery, unless specifically stated on the website.

6.7. We pass on increases in VAT

If the rate of VAT changes between your Order date and the date we supply the Product or, 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.

6.8. 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 complete 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.

7. FINANCING 

7.1. We have partnered with Snap Finance, Klarna and ShopPay  to help you spread the cost of your Order, should you choose to do so. 

For the full terms and conditions relating to:

·         Snap Finance (https://mobigo.co.uk/pages/snap-finance and for terms and conditions and  https://mobigo.co.uk/pages/snap-finance).

·             Klarna (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_gb/user?_gl=1*1lemrpu*_gcl_au*MTM4MTA4MDA4MS4xNzg3MjM4Njc4).  

·         ShopPay (https://www.shopify.com/uk/legal/terms).   

7.2  All Orders financed through Snap Finance, Klarna and ShopPay are processed in accordance with current legislation.

8. DELAYS OUTSIDE OF OUR CONTROL 

8.1. We are not responsible for delays outside our control. If our supply of your Product 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 you have paid for in advance, but not received, less reasonable costs we have already incurred. 

8.2. Our obligations under these Conditions are suspended for the period that such an event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the event to a close or to find a solution by which our obligations under these Conditions can be performed despite the event.

9. PRODUCTS 

9.1. 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. As our Products are used or refurbished, each Product is unique and may show signs of previous use, including cosmetic wear and tear, minor marks or variation from item pictured. Any such condition will be described as the Product Condition in the Order. 

9.2. Product Bundles. 

All our Product Bundles are subject to availability. If you need to talk to us about a Product Bundle, call our Customer Service Team on 03330 52 42 52 with your Order number and we will help you with your Product Bundle Order. If you wish to return your Product Bundle for a refund, all Products within the Product Bundle must be returned. We cannot offer partial refunds on individual Products within a Product Bundle. 

9.3. Customer Reviews. 

Any customer reviews of the products we sell are the opinions of customers and do not form part of the specification or description of the Product. We shall not be liable if any of the information contained in a customer review proves inaccurate. 

9.4. You acknowledge and agree that we are entitled to change or amend our website without giving you notice. The Conditions applicable when you placed your Order will continue to apply to the Products s purchased by you under the Order.

10. DELIVERY AND  INSTALLATION OF PRODUCTS 

10.1. We display the earliest available potential delivery day to the Delivery Location prior to payment; however, postcode restrictions may apply, and your chosen delivery method may result in a different potential delivery date. For the most accurate delivery date, you can select your preferred delivery service and enter your postcode when you are in the checkout. 

10.2. Once your Order has been processed, the Delivery Location for that Order cannot be changed. 

10.3. Subject to the occurrence of any events beyond our control as detailed in Clause 8, 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.  

10.4. We charge you if you don't give us the information we need or do preparatory work as agreed with us. 

We charge you additional sums if you do not give us the information, we've asked for about how we can access your property for delivery, installation of Products 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, or use an alternative method of delivery. 

10.5. 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.

 10.6. Amendments to your Order. 

You will be able to amend your delivery date or time for the Order, free of charge, within 48 hours of placing the Order, provided that the Order has not already been despatched by us. After your Order has been despatched, if you need to change your delivery date or time, you will need to pay an additional delivery charge for a new delivery timeslot. 

Orders for Products that have already been despatched cannot be cancelled or amended between despatch and delivery. You can either refuse delivery when it turns up and the Product will be sent back to us free of charge, or you can contact us to arrange a return after delivery. Some products in these categories are not eligible for an exchange, instead you will need to return your original item for a refund then place a new order.  

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. 

10.7. If we are unable to complete delivery of the Products because you fail to take delivery of the Products at the Delivery Location during the notified delivery timeslot, you will be able to rebook delivery or performance at an additional cost. You will be advised of the delivery charge for your chosen revised delivery date when you re-book . If you choose to cancel your Order, you will be required to pay a failed delivery charge. Delivery charges for Products that were paid when you placed your Order will not be refunded. 

10.8. The Products will become your responsibility from completion of the delivery at the Delivery Location 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 (for the avoidance of doubt outside of the Product Condition describe in the Order), 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”. 

10.9. 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. Some Products may not be supplied in packaging (for example, palletised items such as scooters).

11. WARRANTY 

11.1. Refer to our Product Warranty Page for further details. 

11.2. The Supplier warrants that, on delivery, the Product will conform in all material respects with its description and any Product Condition details as set out in the Order. This clause 11.2 does not affect, and is in addition to, your other legal rights, including your rights under the Consumer Rights Act 2015 in relation to the quality and description of the Product.

12. RISK AND OWNERSHIP 

12.1. 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. 

12.2. 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.

13. CANCELLATION, RETURNS AND EXCHANGES 

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

13.2. 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. 

 13.3. When you can't change your mind. 

You can't change your mind about an Order for:

·       Products that show evidence of being contaminated with biological fluids; and

·       Products which become mixed inseparably with other items after their delivery. 

13.4. The deadline for changing your mind. 

If you change your mind about a Product, 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. 

13.5. A collection charge will apply if you change your mind about your Product after delivery and you need us to collect it from you to return it. 

13.6. How to let us know. 

You can inform us of your decision to return your Product by contacting our Customer Service Team or by downloading our returns form through our Returns Process on our website here.   

After 14 days, cancellations of the Order will not be accepted, and you will be unable to arrange a return or refund of the Product unless the Product is faulty. 

13.7. You have to return the Product at your own cost. 

For Products, for example, a mobility scooter, you have 14 days to tell us you've changed your mind. You must then 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 page www.mobigo.co.uk/policies/refund-policy and email us at hello@mobigo.co.uk  or contact our Customer Service Team by calling 03330 52 42 52. The returned Product should be packed in the same manner as originally delivered, preferably using the same packaging materials. 

13.8. We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time. 

13.9. If you place an Order for next-day delivery it is very unlikely that you will be able to successfully cancel it before the delivery takes place. Instead, you will either need to refuse delivery of the Product when it is delivered to the Delivery Location (and the Product will be returned to us) or to accept delivery of the Product and contact our Customer Services Team to arrange a return (as described in Clause 13.7 above). Should this occur, you will not get a refund for the delivery charge. 

13.10. 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 , 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, where necessary. We don't charge a fee for the refund.

14. ENDING A CONTRACT 

14.1. You can end an on-going Contract (find out how). 

We tell you when and how you can end an on-going Contract with us (for example,  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. 

14.2. You have rights if there is something wrong with your Product. 

If you think there is something wrong with your Product(other than as described in the Product Condition detailed on the Order), 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 21, you have several options for resolving disputes with us.

15. INSURANCE 

15.1. We have  partnered with Mark Bates Limited to offer one month’s complimentary insurance cover  to our Customers on certain Products. Following the expiry of this complimentary cover, any continuation of insurance cover will be arranged directly between you and Mark Bates Limited and will be subject to their terms and conditions. Full details of the complimentary cover, and any subsequent insurance arrangements, are available at www.mobigo.co.uk/pages/warranty-insurance-cover 

16. CHANGES TO PRODUCTS AND THESE TERMS 

16.1. Changes we can always make. 

We can always change a Product:

·       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.

17. SUSPENSION, TERMINATION AND WITHDRAWAL 

17.1. We can suspend the supply of a Product. We do this to:

·       deal with technical problems or make minor technical changes;

·       update the Product to reflect changes in relevant laws and regulatory requirements; or

·       make changes to the Product  (see Clause 16 – Changes to Products and These Terms). 

17.2. We can withdraw Products

We can stop providing a Product such as 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  which won't be provided. We can stop providing spare parts for Products you have purchased from us in the event that those spare parts are no longer available to us. 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, but are not obliged to offer an alternative solution. 

17.3. We can end our Contract with you

We can end our Contract with you for a Product 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 14 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 , 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. If you have said you will collect a Product ("click and collect") but you don't do this within 1 calendar month then we treat your Order as cancelled and refund the purchase price, see Clause 13. If you bought online, by mail order, over the telephone or in store, you have a legal right to change your mind. 

18. LIABILITY 

18.1. We don't compensate you for all losses caused by us, our Products. 

18.2. 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 8, 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.

19. PERSONAL DATA 

How we use any personal data you give us is set out in within Customer Privacy Policy.

20. RECYCLING 

20.1. 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.

21. DISPUTES AND COMPLAINTS 

You have several options for resolving disputes with us: 

21.1. Our complaints policy. 

Our Customer Service Team will do their best to resolve any problems you have with us or our Products as per our complaints policy.  You can submit a complaint to the Customer Services Team via post at Customer Services, Mobigo-UK Limited, 1 Turing Court, Great Notley, Braintree, Essex CM77 7AT, via email at hello@mobigo.co.uk by calling us on 03330 52 42 52. 

21.2. Resolving disputes without going to court. 

Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the British Healthcare Trade Association (“BHTA”) via post at BHTA, Office 404, Tower Bridge Business Centre, 46-48 East Smithfield, London E1W 1AW or email at info@bhta.com or through their website at https://www.bhta.com. BHTA does not charge you for making a complaint and if you're not satisfied with the outcome, you can still go to court. 

21.3. You can go to court. 

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.

22. CONTRACT TRANSFER 

22.1. We can transfer our Contract with you, so that a different organisation is responsible for supplying your Product.

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. 

22.2. 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.

23. 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.

24. 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.

25. 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.

26. REFERENCES 

Please refer to our Product Warranty information page for further details.