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Online Sales Terms and Conditions

Website, Online and Consumer Sales Terms and Conditions

These are the terms and conditions for all orders placed on www.Smirthwaite.co.uk and for customers that are deemed as ‘consumers’. These are a supplement to the terms and conditions on this website.

Definitions

This site is owned and operated by G&S Smirthwaite Ltd (referred to as “Smirthwaite”, “us” or “we”).

Our Registered office is at: 17 Wentworth Road, Heathfield, Newton Abbot, TQ12 6TL.
Registered Number 02643292. VAT No. GB927399575.

Orders placed by credit card or debit card will be shown as BCSC on your statement. BCSC registered office is 6 Lime Street, Walsall, WS1 2JL. Registered no. 06548772. Vat no. GB927399575.

By using or accessing this website and/or placing any order(s), you agree to be legally bound by these terms and conditions. Orders placed on the website form a contract with BCSC.

Consumer (you) is, the person, company, or legal entity buying the goods directly from our website and to whom the goods are to be invoiced and delivered to. ‘Goods’ are the items described on our invoice.

Consumer (you) is also a private individual (an individual acting for purposes which are wholly or mainly outside of the individuals trade, business, craft or profession), a solicitor acting on behalf of an individual or a charity buying goods from us solely for the use of an individual.

1. Copyright

All rights including copyright in this website are owned by Smirthwaite. It is not permitted to copy, modify, distribute or re-post anything on this website without the permission of Smirthwaite.

2. Content Accuracy

Smirthwaite make every effort to ensure the contents of this website, including, illustrations, prices, product details and technical data are clear and accurate at the time of publishing. All weights and dimensions shown are approximate only. Whilst every effort is made to match all website imagery to actual colours and finishes, all goods are supplied on the understanding that there may be slight dye and shade variations. We cannot guarantee that any product seen on the website will accurately reflect the delivered item, as colours in imagery are not always 100% accurate. For this reason we offer free of charge fabric swatches which are available on request.

Due to our policy of continual improvement some products may vary from those described. The company reserves the right to amend the specification, construction and/or design but only with consultation with the consumer.

We do not accept any liability for any errors or omissions contained within this website.

3.  Exclusions of Liability

We make every effort to ensure this website is free from viruses or defects and cannot be held liable for any damage to computer systems as a result of using this website.

We set up links with other websites that we think you may find useful. We do not vet these websites and do not have any control over their contents. Smirthwaite cannot accept any liability in respect of the use of these websites.

4.  Use of Website outside of UK

Where we have distributors in the country you wish to deliver to, apart from the UK we will pass on their details to you so that you may purchase directly from them.  The recipient may have to pay import duty or formal customs entry fee prior to or on delivery. You will be responsible to check this before placing your order.

5. Availability

All items are subject to availability. We will endeavor to manufacture your requested goods within 10 business days of confirming your order. Please note that for metal products this will be manufactured within 20 business days. Occasionally the manufacture of your goods may be delayed which can be due to material shortages, or higher than anticipated demand. We will inform you as soon as possible if items are no longer available and we are able to substitute the goods. Delivery days quoted are business days and do not include weekends and bank holidays. Smirthwaite do not dispatch any goods between 20th December and 5th January. We will make every effort to keep you informed of any delays.

6. Prices

Prices shown on this website are for orders placed directly on the site only and do not include telephone/email orders. Prices are in sterling and shown exclusive of VAT. Smirthwaite reserves the right to amend prices at anytime and without prior notification.

For all orders that are not placed on the website please contact our customer services team directly to obtain prices.

Consumers outside the United Kingdom may email us directly for a quote. The invoice price charged to overseas consumers will be subject to the exchange rate applied by the consumer's credit or debit card company.

All orders made directly from this website to UK mainland (excluding Scottish Highlands) are carriage paid and standard delivery.

Carriage will be charged for phone and e-mail orders at £12 for orders under £150. Orders over £150 are carriage free.

Consumers outside the United Kingdom will also be liable for any customs/import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from country to country, therefore you are advised to check the latest applicable local requirements in your country before placing an order. Smirthwaite can in no way be held responsible for any charges incurred.

7. VAT

VAT will be charged at the prevailing rate on the date of invoice but maybe zero-rated in some cases. Any increase or decrease in VAT between date of order and date of invoice will be passed on to you.
Zero-rated VAT applies for equipment designed solely for disabled people, which are being purchased for personal or domestic use for an individual who is chronically sick or has a disabling condition. This exemption applies where the goods, as described above, are being purchased by an individual or on his or her behalf by a parent, spouse or guardian, charity and certain other eligible establishments.

VAT exception forms may be completed online for private individuals and charities that can provide a charity number for selected lines. VAT forms can also be sent via e-mail or printed off and sent to a specified address. If you need any clarification on whether your order can be zero-rated please contact Customer Services on 01626 835552. If your goods can be zero rated then Customer Services can send you a VAT form. If your order has been processed with VAT and you subsequently return a valid VAT exemption form the company will refund the VAT element.  

Smirthwaite is responsible for ensuring that all the conditions for zero-rating are met. We may wish to contact you to verify information before goods are released and if we do not believe the VAT exemption rules have been met, we will require the payment of the VAT element before the goods can be dispatched.

Parts and Service can only be zero rated when the original equipment was supplied zero-rated.

VAT reliefs for disabled people is subject to guidance provided by HMRC. The current guidelines are available from the HMRC website and review Notice 701/7 VAT reliefs for disabled people.

8. Orders

Orders placed online are placed with BCSC. BCSC processes and administers all orders on behalf of Smirthwaite. By placing an order online you are indicating your acceptance to be bound by these terms and conditions.

Receipt by BCSC of any order via this website does not constitute legal acceptance of an order. Your order will be deemed acceptable by us only once you have received written confirmation of acceptance. We reserve the right to refuse your order for any reason we see fit.

Many of the parts produced by Smirthwaite are class 2 medical devices and are marked with a CE mark. We label these products with a serial number and product code to enable you to identify the product and to help you to track it under your obligations under the MHRA managing medical devices DB2006(05) publication. The serial number is a 5 digit number and may be followed with a ‘/’ and then a number e.g. 67032/1.

Where parts are ordered for previously purchased equipment the serial number of the equipment should be supplied. If this is not supplied, Smirthwaite cannot be liable for any parts supplied that do not fit and a charge will be made for the return of the goods and the subsequent replacement.

Orders are subject to the consumer contracts regulations 2013.

9. Installations and Fittings

Before commencing an installation or fitting we will ask you to sign a disclaimer to state that you sanction the proceeding work to be carried out and that you are waiving your rights to cancel this order. If you do want to cancel the work please see our cancellation section.

10. Ordering errors

If you make a mistake when placing an order, please contact Customer Services as soon as possible on 01626 835552 or by email.

If your goods have not been dispatched we will try to rectify the mistake.

Where goods need to be returned please see the section on Returns.

If you amend your order this may change your delivery date and/or the price you will pay for the item. You will be asked to confirm changes to your order by email or in writing.

Orders are subject to the Consumer Contracts Regulations 2013.

11. Order acknowledgement

Your online order will be acknowledged by email via Sage Pay from BCSC. If at any time after placing your order you have any concerns with your order please contact our Customer Services team on 01626 835552 or by email.

12. Promotional codes

Promotional codes enable consumers placing orders through the website to obtain benefits such as discounts on certain products. These codes are non-transferable, so may only be used by the person / company / organization to whom they have been issued and must be used in accordance with their terms and conditions of use. Promotional codes may be time and or product sensitive and will not be accepted for any item or within any other timeframe than those stated on the code. If you use a promotional code to claim a promotional benefit, it is your responsibility to check that it has been issued to you and that you are eligible to use it. By using a promotional benefit you will be confirming that-:

  •  You are entitled to use the code
  • You meet all the conditions that apply to its use

If before accepting your order, we find that you are not entitled to use the code or do not meet all the terms and conditions of its use, we may reject your order, or alternatively, process your order without the promotional benefit being applied and take further payment, equivalent to the value of the benefit obtained, from the card used. We will always contact you before taking any further payments.

13. Website Payments

For sales on the website full payment is required and processed at the time of order. Payments are processed through Sage Pay, a secure online payment provider. Payments will appear on your statement as BCSC. 
BCSC reserves the right to a levy a charge for credit and debit card payments. BCSC reserves the right to refuse credit card payments.

14. Legal Title

The legal title will not pass to the consumer until the goods have been delivered and paid for in full. Risk passes to the consumer at delivery, or at the handover to courier if you are arranging your own transport.

15.  Delivery

If at the time of ordering you have any issues with delivery, please contact our Customer Services team by email or telephone 01626 835 552.

For products purchased online from UK mainland locations (excluding the highlands), no delivery charge for that order will be applied. For orders made via our Customer Services team, delivery charges apply. Carriage will be charged for phone and e-mail orders at £12 for orders under £150. Orders over £150 are carriage free.

Please be aware that any stated delivery dates / times are estimates and based on the information available at the time the order is placed and shall not be binding on Smirthwaite. We will not be liable for any costs or damage caused by any reason of delay in delivery. All goods will arrive within 30 calendar days. If we believe that we won’t be able to deliver your goods within this time frame we will notify you.

Where several items have been ordered together that have different delivery times, we will aim to deliver all the items together.

16. Delivery Company

Deliveries will be carried out by our own transport or carrier. Goods will be delivered to your door and left packed. The packaging should be opened carefully and kept in case you need to return the goods. If you do not have the packaging to return the goods, a charge will be made to have packaging sent to you. Goods must be signed for at the time of delivery. A proof of delivery can be obtained by contacting our Customer Services team.

17. Access

It is essential that you inform us of any possible access restrictions that may affect delivery at the time of ordering. Smirthwaite cannot be held responsible for any costs incurred due to limited access if we have not been notified.

18. On Receipt of your Goods

On receipt of your goods, open the packaging and check your items carefully. If you have any concerns see Returns below. Keep all packaging in case you need to make a return. Once you are happy that you are going to keep the goods, please dispose of all packaging carefully. Please read any instruction manuals carefully, as not following the instructions may invalidate your warranty and may affect your use of the product. We recommend that you keep the instructions for future use.

Please ensure that all users of the equipment have access to the instruction manual. Copies are available on request and may be downloaded from the website.

19a. Cancellations by you – Goods

There is a cooling off period of 14 calendar days starting from the day after your delivery. This cooling off period allows you to return your goods and also qualify for the refunding of the original delivery charge. From the point of cancellation you have 14 calendar days to return the goods to us. If you have asked for us to collect the goods (for which there will be a charge) then we will collect the goods within 14 calendar days. Once we have received the goods we will then credit you by the original payment method within 14 calendar days. 

19b. Cancellations by you – Servicing

Once your service has been acknowledged, providing the service doesn’t take place within 14 days of acknowledgement, you have 14 calendar days to cancel the service. If we have traveled to the appointment and you cancel at the point of service, we will charge you for our traveling time. If the service is within the 14 calendar days cooling period, we will ask you to sign a disclaimer at the point of order to waive your rights of cancellation. After the service has been completed you have no right to cancel.  

19c. Cancellations by you – Installations and Fittings

If goods have been fitted or installed, you have every right to cancel under the Consumer Contracts Regulation 2013, however you will incur a cost for work completed and we are under no legal obligation to repair or make good the damage that is caused because of fitting and installation. If we are able to repair or make good and you agree to us repairing the damage then there will be a cost for this. The cost will be agreed with you before the repair takes place.

If you have used the equipment that we have fitted or installed then we are within our rights to charge you a depreciation fee.

20. Cancellations by Smirthwaite 

We reserve the right not to accept an order:

  • If we do not have the stock to fulfill the order
  • If we are unable to deliver the product to your area
  • If an item was incorrectly priced or described on the website
  • If your payment was not authorised
  • If you have not complied with our Terms and Conditions of sale

If an order is cancelled by Smirthwaite, any payments will be refunded within 14 calendar days of the cancellation

21. Notice of Damage

If goods appear damaged, incomplete or incorrect on receipt, this must be noted on the courier’s documentation. You must notify our Customer Services no later than 3 days after delivery by email or telephone 01626 835552 and quote your order number. If in doubt, mark the courier’s documentation unexamined. We will then coordinate the collection of these goods.

22. Notice of Non-delivery or Refused Delivery

Should goods ordered on line not arrive on their expected delivery date, please contact our Customer Services team within 21 business days from date of invoice, failing which Smirthwaite takes no responsibility for non-delivery.

We reserve the right to make a 15% handling charge for all refused deliveries or redeliveries without justification. This does not affect your rights under the Consumer Contracts Regulations 2013.

23. Returns of Cancelled Goods

If you return your goods to us within 14 calendar days we will refund you any delivery charges that were incurred. After 14 calendar days we are under no obligation to refund delivery costs. Once we receive your goods we will credit you for the goods in no less than 14 calendar days.

Goods must be in a saleable state and must not have been used. If the goods have been used we will refund you minus depreciation costs. Smirthwaite reserves the right to dispose of any non-saleable or un-creditable returned goods.

If your goods contain a bespoke part or component that we can not use for re-sale then in this instance you will not qualify for a refund for the bespoke part.

Please return the goods following the instructions provided on the ‘returns advice’ document. This can be found with the goods. We would appreciate you informing us that you will be returning the goods either by e-mail info@smirthwaite.co.uk or telephone 01626 835 552.

If you inform us you will be issued with a goods return number and we would appreciate you clearly marking this number on the outside of the packaging.

Smirthwaite cannot accept responsibility for returned goods that are not received. Proof of posting will not be accepted for credit of goods.

You are responsible for returning the goods to us at your own expense. On your instruction we can also arrange collection of the goods but there will be a charge for this. We will agree the cost of collecting your goods before we go ahead with the collection.

24. Warranty

Smirthwaite warrants the products detailed on your order to be free from defects in materials and workmanship for a period of 2 years from date of delivery. If a fault develops during this period, please contact Customer Services team by email or telephone 01626 835 552 who will advise you on the best course of action.

It may be possible for us to send out one of our Service Engineers or have the goods returned to us.

Should a repair not be possible within the guarantee period we will replace the product for new or nearest equivalent product. In the unlikely event that we cannot repair or exchange we will refund the product price in full. This guarantee is for the UK mainland only.

The warranty excludes faults due to accident, neglect, misuse, not following the Instructions and normal wear and tear. This guarantee is in addition to your legal rights. Goods will only be collected from the original delivery address. A charge may be made where the goods cannot be repaired under the warranty. You will be advised before this is made.

25. Your right to Complain

We hope that you're pleased with any purchase you've made or service you've received from Smirthwaite, and that you'll never have reason to complain - but if there's something you're not happy with, please contact us so that we can try to put matters right.

Contact us straight away

In the first instance please contact our customer services team on

T: 01626 835552

E: info@smirthwaite.co.uk

We will be happy to help.

If you call us, we'll try to sort out your complaint while you're on the phone. If this isn't possible, the customer services advisor will agree a course of action with you.

If you have a technical issue they will they will be able to talk you through the problem or find a member of the team to help.

Escalating the complaint

If after contacting us you feel we still haven't resolved your complaint satisfactorily, our management team are here to help. Ask our customer services team if you could speak to or have a manager call you back. We will endeavor to get back to you in 24 working hours.

Or you can write to

Managing Director
G&S Smirthwaite Ltd
17 Wentworth Road
Heathfield
Newton Abbot
TQ12 6TL

Independent Arbitration

Smirthwaite are a member of the BHTA if you are not happy with how Smirthwaite has dealt with your complaint the BHTA provide a free arbitration service. Details of how they can help are available at www.bhta.net.

You can make a written complaint to the BHTA, by letter or by email   

E: complaints@bhta.com,

BHTA
New Loom House
Suite 4.06
101 Back Church Lane
London
E1 1LU.

26. Servicing

Smirthwaite service goods both within and after the warranty period, for more information please contact Customer Services by email or telephone 01626 835 552.

27. Children

Smirthwaite does not sell products for purchase by children. If you are under 18 you may use the website but any purchases should be made by an adult over 18

28. Privacy

We are committed to protecting your privacy. We will only use the information given at the time of ordering which is collected lawfully and in accordance with the Data Protection Act 1998. Your name will only be added to a mailing list with your consent and we do not transfer the data to a third party apart for the purpose of arranging deliveries or collections of goods by our third party couriers. We collect information in order to process your order and to enable us to provide the most efficient and effective service possible. The type of information we will collect about you includes your name and address, phone number, your email address, and profession. Please note that some of these fields are optional and the information is only so that we can provide our consumers with information as effectively and efficiently as possible.

Our aim is not to send unwarranted emails to you unless you have consented to being on our mailing list. You may request to be removed from our mailing list by sending an email. The personal data will be held securely in accordance with our internal security policy and current legislation.