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Online Sales Terms and Conditions

These are the terms and conditions for all orders placed on www.Smirthwaite.co.uk and are a supplement to the terms and conditions printed 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.

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

1. 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 without prior notice.

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

2. Availability

All items are subject to availability. We will endeavor to manufacture your requested product within 10 days of confirming your order. Please note that for metal products this will be manufactured within 20 days. Occasionally the manufacture of your goods may be delayed which can be due to material shortages, or higher than anticipated demand. Goods of a similar model may be substituted for the goods you order. We will inform you as soon as possible if items are no longer available and we are able to substitute the goods. Any substituted goods can be returned. Delivery days quoted are working 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.

3. 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. Customers outside the United Kingdom may email us directly for a quote.

The invoice price charged to overseas customers will be subject to the exchange rate applied by the customer's credit or debit card company.

Customers 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.

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

4. VAT

VAT exception forms may be completed online for private individuals and charities that can provide a charity number for selected lines.

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.

If you believe your order should be zero-rated, please contact Customer Services on 01626 835552 or by email and they will provide you with a VAT exemption form. On receipt of a valid signed VAT exemption form, the company will refund the VAT element of the purchase.

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.

5. 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 distant buying legislation.

6. 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. If goods have been dispatched there will be a charge to have the goods returned and redelivered. 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 distant buying legislation.

7. 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.

8. Promotional codes

Promotional codes enable customers 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.

9. Payments

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.

10. Legal Title

The legal title will not pass to the customer until the goods have been delivered and paid for in full.

11.  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, no delivery charge for that order will be applied. For orders made via our Customer Services team, delivery charges apply. Please contact Customer Services on 01626 835 552 for further information on delivery charges.

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.

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

12. 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.

13. 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.

14. 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.

15. Notice of Damage, Non-delivery or Wrong Delivery

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. Should goods ordered on line not arrive on their expected delivery date, please contact our Customer Services team within 21 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. Delivery charge refunds can only be made in accordance with your legal rights under the Distance Selling Regulations.

16. Returns

Goods must not be returned without notifying us by email or telephone 01626 835 552. You will be issued with a goods return number and this needs to be clearly marked on the outside of the packaging. Goods must be returned in the same condition as they were received, including the packaging. If you have not kept the original packaging, please contact us and we will send you suitable packaging. A charge will be made for this.

Smirthwaite reserves the right to dispose of any non-saleable or un-creditable returned goods.
Goods must be returned within 30 days of receipt, and no good will be accepted for return after this period. All goods MUST be returned with the original paperwork.

Smirthwaite cannot accept responsibility for returned goods that are not received. Proof of posting will not be accepted for credit of goods. Any good supplied to fulfill a special order at the customer’s request will not be accepted for credit.

17. 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 for goods manufactured after the 1st May 2009. 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.
18. Cancellations
For order cancellations on products ordered through our website, we will give you a full refund if you change your mind for any reason within 7 days after the day you received your goods. After this date we will have in most cases a binding contract to supply your product. We must receive notification of your cancellation in writing (including email).

If you cancel your order once it has been delivered, you must not use the goods, ensure they do not sustain any damage and must make them available to us when we call to collect them on the date we will agree with you. We will collect the goods and then refund the cost of the items ordered within 30 days of cancellation.

You must ensure the goods are maintained in a saleable condition and in their original packaging. Our Terms and Conditions do no affect your statutory rights.

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 30 days of the cancellation

19. 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.

20. 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.

21. 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 customers 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.