Terms & Conditions
RSL STEEPER Terms and Conditions of Supply to Consumers
Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to.
You warrant and represent to us that you are not purchasing Products as or on behalf of a business and you will indemnify us against any loss or liability which we incur as a result of your breach of this warranty or as a result of such representation being incorrect. We recommend that you should print or save a copy of these Terms for future reference. We amend these Terms from time to time as set out in clause 5. Each time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1 March 2013. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website http://assistive-technology.co.uk/. We are Hugh Steeper Limited (trading as RSL Steeper), a company registered in England and Wales under company number 00173865 and with our registered office at 51 Riverside, Medway City Estate, Rochester, Kent, ME2 4DP, UK. Our main trading address is Assistive Technology, Unit 6, Hunslet Trading Estate, Severn Road, Leeds, LS10 1BL, United Kingdom. 1.2 To contact us, please see our ‘Contact Us’ page
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display shown on your computer or other device will 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. 2.3 All Products shown on our site are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE
3.1 Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you:http://assistive-technology.co.uk/information/terms_conditions
4. SALE TO CONSUMERS
4.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described. In the UK, 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 RIGHT TO VARY THESE TERMS
5.1 We may revise these Terms from time to time in the following circumstances: (a) changes in how we accept payment from you; and (b) changes in relevant laws and regulatory requirements.
5.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
5.3 Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
6. YOUR CONSUMER RIGHT OF RETURN AND REFUND
6.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 6.3.
This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. In the UK, advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
6.2 However, this cancellation right does not apply in the case of:
(a) any made-to-measure, custom-made products or products made to your specification or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or fresh flowers;
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed.
6.3 Your legal right to cancel a Contract starts from the date of when the Contract between us is formed. You have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays in England are not included in this period.
6.4 To cancel a Contract, please contact us in writing to tell us. We recommend that you keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
6.5 You will receive a full refund of the price you paid for the Products 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
6.4. If you returned the Products to us because they were faulty or mis-described, please see clause 6.6. 6.6 If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. 6.7 If you used a credit or debit card to pay, we will refund you on that credit card or debit card. 6.8 If the Products were delivered to you: (a) you must return the Products to us as soon as reasonably practicable. (b) unless the Products are faulty or not as described (in this case, see clause 6.6), you will be responsible for the cost of returning the Products to us; (c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. 6.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 6 or these Terms. In the UK, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.1 If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
7.2 Delivery will be completed when we, or our nominated dispatch provider, deliver the Product(s) to the delivery address you provided.
7.3 If no one is available at your address to take delivery, a note will be left to inform you that the Products have been returned to our premises or the delivery hub, in which case, please contact us to rearrange delivery.
7.4 The Products will be your responsibility from the completion of delivery.
7.5 You own the Products once we have received payment in full, including all applicable delivery charges.
8. INTERNATIONAL DELIVERY
8.1 We do not believe there to be any export restriction on, or sensitivity regarding, any of the items sold on our website. If you are in any doubt, please ask us before placing your order.
8.2 If you order Products for delivery to one of the International Delivery Destinations outside the European Union (EU), your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. 8.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted by our representatives from time to time. All prices are in pounds sterling.
9.2 The price of a Product includes VAT (where applicable, see clause 9.3) at the current rate chargeable in the UK for the time being, unless you have provided us with a valid VAT exemption certificate prior to order acceptance. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.3 UK VAT will automatically be deducted (where applicable) from Product(s) dispatched to non-EU countries. The deduction will be made before payment is collected.
9.4 The price of a Product does not include delivery charges which are as quoted from time to time.
10. HOW TO PAY
10.1 You can pay for our Products using a debit card or credit card.
10.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
11. OUR WARRANTY FOR THE PRODUCTS
11.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 11.2. 11.2 The warranty in clause 11.1 does not apply to any defect in the
Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
11.3 As a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. In the UK, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12. OUR LIABILITY TO YOU
12.1 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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.
14. COMMUNICATIONS BETWEEN US
4.1 When we refer, in these Terms, to "in writing", this will include e-mail.
14.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to RSL Steeper Assistive Technology, Unit 6, Hunslet Trading Estate, Severn Road, Leeds, LS10 1BL, UK or send a message using our online contact form via the homepage.
14.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15. OTHER IMPORTANT TERMS
15.1 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. We will notify you by posting on our webpage if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in these Terms to the recipient of the gift without needing to ask our consent.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise, save that if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty in these Terms, but we and you will not need their consent to cancel or make any changes to these Terms.
15.4 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.
15.5 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.
15.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. 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.
To find out more, or to arrange a visit with your local Assistive Technology Product Advisor, email or call us on 0113 207 0449 today.