Consumer terms & conditions of sale

The customer's attention is drawn in particular to the provisions of clause 8

  1. Definitions

    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 9.2;
      “Goods”
      the goods that We are selling to you as set out in the Order;
      “Order”
      your order for the Goods (provided you are not ordering by telephone, this is as set out overleaf);
      “Terms”
      the terms and conditions set out in this document; and
      “We/Our/Us”
      TGA Mobility Limited (however, if you are purchasing any Goods through our store called “TGA Living” in 174 Farnborough Road, Heath End, Farnham, Surrey GU9 9AX, “TGA Living” is our trading name).
    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

    1. These are the terms and conditions on which We supply Goods to you.
    2. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake, please contact Us to discuss.
    3. If you wish to make a change to the Order please contact Us. We will let you know if the change is possible. If it is possible We will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
    4. We consider that these Terms and the Order constitute the whole agreement between you and Us.
    5. When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.6 unless you order the Goods via the telephone, in which case it will take place as described in clause 2.7. If We are unable to supply you with the Goods because the Goods is/are out of stock, or if We are unable to meet the delivery deadline you have specified, or because of unexpected limits on Our resources which We could not reasonably plan for, or because We have identified an error in the price of the Goods and you do not accept the correct price (see clause 7.4), or because of an error in the description of the Goods, We will inform you of this in writing and We will not process the Order.
    6. Unless you order Goods via the telephone, these Terms will become binding on you and Us when We issue you with a copy of the Order which has been signed by Us, at which point a contract will come into existence between you and Us.
    7. If you order Goods via the telephone, these Terms will become binding when We confirm to You verbally on the telephone that We have accepted your Order.
    8. Regardless of how these Terms become binding on you We will confirm to you that there is a contract between us and the date on which this occurred.
    9. If any of these Terms conflict with any term of the Order, the Order will take priority.
    10. We reserve the right to make minor changes to the Goods if it is necessary to comply with safety requirements or changes in legislation or to implement minor technical adjustments and improvements.
    11. If We want to make more significant changes to the Goods and these Terms We will contact you to notify you of the changes and if you are not happy with the changes then you may end the contract between us and receive a refund of the amount you have paid, before the change takes effect.
    12. 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. Our Goods

    1. The images of the Goods on Our website and in Our broachers are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that the colours displayed, accurately reflect the colour(s) of the Goods. Your Goods may vary slightly from those images.
  4. Delivery of Goods

    1. If We miss the 30 day delivery deadline for any Goods then you may cancel your Order straight away if any of the following apply:
      1. We have refused to deliver the Goods;
      2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
      3. you told Us before We accepted your order that delivery within the delivery deadline was essential.
    2. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 4.1, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel your Order if We do not meet the new deadline.
    3. If you do choose to cancel your Order for late delivery under clause 4.1 or clause 4.2, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to Us or allow Us to collect them (if they are not suitable for posting) and We will pay the costs of postage or collection. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery.
    4. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 9 for Our responsibilities when this happens.
    5. If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time after We have confirmed they are ready during Our working hours of 9.00am to 5.00pm on weekdays.
    6. Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us, or to a person you have identified to take possession of the Goods, or you collect the Goods from Us.
    7. We may deliver the Order in instalments if this has been agreed with you.
    8. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, Our carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    9. The Goods will be your responsibility from the completion of delivery or from when the Goods are transferred, at your request, by Us to a carrier or from when you collect the Goods from Us.
    10. You own the Goods once We have received payment in full.
  5. If the Goods are faulty

    1. As a consumer, you have legal rights in relation to 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. Nothing in these Terms will affect these legal rights.
    2. We are under a legal duty to supply Goods that are in conformity with this contract. See clause 5.2 below for a summary of your key legal rights in relation to the Goods. Nothing in these terms will affect your legal rights.
    3. Your legal rights are subject to certain exceptions and for detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. In summary, the Consumer Rights Act 2015 says goods (including any digital content supplied on them) must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
      1. up to 30 days: if your item is faulty, then you can get a refund.
      2. up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
      3. up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
    4. If the Goods you have ordered are not as described, fit for purpose and/or of satisfactory quality please contact us as soon as possible. Please also see clause 10.10, 10.11, 10.14 - 10.16 (inclusive).
  6. Seller's warranty

    1. We warrant that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 6.2 or where the Goods are second-hand.
    2. This warranty 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; and any specification provided by you.
    3. If We agree to extend the duration of the warranty referred to in clause 6.1, this extension shall not apply to any battery in the Goods. A battery shall be warranted for a maximum period of 12 months and in the case of batteries for second-hand Goods, they shall only be warranted for the period confirmed to you in the Order.
    4. We are the warrantor and our address is as stated in clause 11.2.
    5. The territorial scope of the warranty is the United Kingdom. Therefore, if you live in the UK, you will have the benefit of the warranty under this clause 6.
    6. If you benefit from the warranty in this clause 6 and would like to make a claim under the warranty please contact us within the time-limit applicable to your warranty (which is as specified above in clauses 6.1 and 6.3 and/or on your Order).
    7. This warranty is in addition to your legal rights in relation to the Goods that are faulty or not as described. Please see clause 5.
  7. Price and payment

    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 in the pre-contract information We provided to you before you made your Order.
    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.
    3. The prices for the Goods exclude delivery costs, which will be added to the total amount due.
    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 the pre-contract information provided to you, 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.
    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 for the payment due, or the balance of the payment due, until We despatch the Goods to you.
    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.
    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 7.6 will not apply for the period of the dispute.
  8. Our liability to you

    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 they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time we entered into this contract.
    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 loss of business opportunity.
    3. We do not exclude or limit in any way Our liability for:
      1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation;
      3. any of the provisions listed in s.31 Consumer Rights Act 2015;
      4. or defective products under the Consumer Protection Act 1987.
  9. Events Outside Our Control

    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.
    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.
    3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
      1. We will contact you as soon as reasonably possible to notify you; and
      2. 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.
    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.
    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 9.5 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.
  10. Your cancellation rights

    1. If you order Goods from Us and:
      1. the contract is concluded between us under an organised distance sales or service-provision scheme, with the exclusive use of one or more means of distance communication (e.g. the telephone and/or post) (a “distance contract”); or
      2. We met with you away from Our business premises and the price of the Goods is £42 or over (an “off-premises contract”); or
      3. We met with you away from Our business premises and the contract between us was formed immediately afterwards by distance communication (i.e. by phone), or at Our business premises, and the price of the Goods is £42 or over (an “off-premises contract”);
    2. you have a legal right to cancel the contract during the period set out below in clause 10.3. 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 the Goods, you can notify Us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
    3. However this cancellation right does not apply in the case of any made-to-measure or custom-made Goods (but this will not affect your legal rights as a consumer in relation to made-to-measure or custom-made Goods that are faulty or not as described).
    4. Subject to clause 10.2 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. You have until the end of 14 (fourteen) calendar days in which you may cancel the contract between us (the “cancellation period”). The 14 day cancellation period starts from the day after the day you receive the Goods or the last item of the Goods (if the Goods were delivered separately).
    5. To cancel the contract within the cancellation period, you must return the cancellation form to sales@tgamobility.co.uk or by sending it in the post 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 form for your own records. If you do not wish to complete the cancellation form you must clearly state in your email or letter to Us that you would like to cancel the contract between us. We will confirm receipt of your cancellation.
    6. If you cancel an Order under clause 10.3 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges;
    7. Unfortunately, if you cancel an Order for Goods under clause 10.3 and We have already despatched your Goods to you, We will not be able to cancel your Order until the Goods are delivered. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us, provided We are not required by law to collect them from you. This will not affect your refund for the Goods themselves, but We will only refund the cost of Our most common, least expensive, delivery option and any charge for collection will be deducted from the refund that is due to you. However, if We are required by law to collect the Goods from you, We will bear the costs of collection.
    8. Provided We are not required to collect the Goods from you, if you decide to return the Goods to Us, We estimate your delivery costs will be between £200.00 - £300.00 and We estimate the price of collecting the Goods from you will be between £100.00 - £300.00.
    9. Subject to clause 10.9 you will receive a full refund of the price you paid for the Goods. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave Us notice of cancellation as described in clause 10.4. If you returned the Goods to Us because they were faulty or mis-described, please see clauses 10.10 and 10.11.
    10. We reserve Our right to deduct an amount from your refund for the diminished value of the Goods (up to the value of the Goods) because you handled the Goods beyond what is reasonably necessary for you to establish the nature, characteristics and functioning of the Goods.
    11. You may also end the contract between us because of something We have done or are going to do (for example, We have told you about an upcoming change to the Goods or these Terms which you do not agree to, or We have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed, there is a risk that supply of the Goods may be significantly delayed due to an Event Outside Our Control, or you have a legal right to end the contract because of something We have done wrong). If any of these points apply you must tell Us that you would like the contract between us to end. Please contact us.
    12. If you have rejected the Goods because they are faulty or mis-described (see clause 5) or because of something We have done to end the contract (see clause 10.10), we will refund the price of the Goods in full and any applicable delivery charges.
    13. If you do not have the right to cancel the contract under clauses 10.1 or 10.10 or any rights under clause 5 and you would like to cancel the contract please contact Us as soon as you can to see if this will be possible. If it is possible to cancel the contract between us you may be charged for this, as described in clause 10.13. Please note however, We cannot accept cancellations for any made-to-measure or custom-made Goods or Goods that are of a personal hygiene nature (for hygiene reasons).
    14. If We agree you can cancel the contract under clause 10.12 We will refund any sums paid by you for any Goods that have not been delivered or for Goods that are returned, however, We may deduct from that refund, or charge you:
      1. reasonable compensation for the net costs We will incur as a result of your ending the contract; and
      2. if the Goods have been delivered to you we will not refund any delivery charges; and
      3. We reserve Our right to deduct an amount from your refund for the diminished value of the Goods (up to the value of the Goods) because you handled the Goods beyond what is reasonably necessary for you to establish the nature, characteristics and functioning of the Goods.
    15. We will refund you on the credit card or debit card used by you to pay.
    16. If the Goods have been delivered to you or collected by you:
      1. you must return the Goods to Us as soon as reasonably practicable;
      2. unless the Goods are faulty or not as described (in this case, see clause 10.10 and 10.11, however, if you return the Goods in person, to the place you took delivery of them, we will not pay for the cost of return) or We have done something to make you end the contract (see clause 10.10 and 10.11) or if We are required by law to collect the Goods from you, you will be responsible for the cost of returning the Goods to Us;
      3. 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.
    17. 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 10 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Please also see clause 5.
  11. Information about Us and how to contact Us

    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. The telephone number for Our TGA Living store is 01252 350095.
    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.
    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. Our registered VAT number is 103486490.
    4. Our trade body is the British Healthcare Trades Association (BHTA). Further information about BHTA can be found on their website http://www.bhta.net.
  12. How We may use your personal information

    1. We will use the personal information you provide to Us to:
      1. provide the Goods;
      2. process your payment for such Goods; and
      3. inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
    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.
    3. We will not give your personal data to any other third party unless required to do so by law.
  13. Other important terms

    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 We will ensure that the transfer will not affect your rights under this contract.
    2. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing (except that you can always transfer Our warranty to a person who has acquired the Goods. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the Goods, such as their confirmation in writing).
    3. This contract is between you and Us. No other person shall have any rights to enforce any of its terms (except as explained in clause 13.2 regarding the warranty).
    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.
    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.
    6. If you are unhappy with the outcome of a complaint and have exhausted our complaints process, you can approach BHTA for mediation (and ultimately arbitration) and, as a member, we will participate in this process. BHTA can be contacted at: New Loom House, Suite 4.06, 101 Back Church Lane, London E1 1LU Tel: 020 7702 2141 Email: complaints@bhta.com Web: http://www.bhta.net/home/complain.html.
    7. Alternatively you can approach another alternative dispute resolution (ADR) provider called the Centre for Effective Dispute Resolution (CEDR), but we will not participate if you do so.
    8. These Terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. However, if you live in Scotland or Northern Ireland, you can bring legal proceedings in respect of the Goods in Scottish courts if you live in Scotland, or Northern Irish courts if you live in Northern Ireland, or the English courts.