Mobility Smart Terms & Conditions

About Mobility Smart Limited

Mobility Smart Limited is a company registered in England and Wales under company number 05251905. Our VAT number is 852 0340 59. Our trading address is Mobility Smart Limited, Unit 12-13 Creamery Industrial Estate, Kenlis Road, Barnacre, Preston, Lancashire, PR3 1GD.

In these Terms, “we”, “us” and “our” mean Mobility Smart Limited. “You” and “your” mean the person, business or organisation placing an order with us.

1. Who these Terms apply to

These Terms apply to all customers. Some sections apply differently depending on whether you are buying as a Consumer or as a Business Customer.

If you are unsure which category applies, please ask before placing your order. If you are buying on behalf of an organisation, care setting, public body or business, you should assume you are buying as a Business Customer.

2. Contract documents

These Terms should be read together with our Returns Information & Terms, Delivery Information, VAT Relief Information, Privacy Policy and any product-page information shown before you place your order.

Our Returns Information & Terms form part of these Terms. If there is any conflict between these Terms and a specific written quotation or written agreement expressly accepted by us, the specific written agreement will apply to that order only.

If you send us a purchase order or other document containing your own terms, those terms will not apply unless we expressly agree to them in writing. Supplying goods, accepting payment or acknowledging a purchase order does not mean we accept any customer-supplied terms.

3. Orders and acceptance

1. You must be at least 18 years old to place an order with us.
2. Each order placed by you is an offer to buy goods from us under these Terms.
3. A contract is formed only when we accept your order. Acceptance may take place when we dispatch the goods, confirm the order in writing, issue an invoice, accept a purchase order, or otherwise confirm acceptance.
4. Automatic order acknowledgements, basket confirmations and payment authorisations do not necessarily mean that we have accepted your order.
5. We may refuse, cancel or refund an order where goods are unavailable, payment is not authorised, there has been an obvious pricing or listing error, the order appears fraudulent, the delivery address is unsuitable, or we are otherwise unable to fulfil the order.
6. We supply goods for delivery within the United Kingdom only unless we agree otherwise in writing.

4. Suitability, advice and medical guidance

Many of the products we sell are mobility, healthcare, rehabilitation, daily living or assistive products. Choosing the right item matters, especially where safety, comfort, weight capacity, pressure care, transfers, measurements, access or clinical needs are involved.

1. Any advice, product information or guidance given by our staff, whether online, by phone, by email or in person, is general guidance only and is based on the information available to us at the time.
2. We cannot assess the user, property, care setting, medical history, clinical condition or full needs unless this has been expressly agreed in writing as part of a specific assessment service.
3. If there is any doubt about suitability, size, weight capacity, user ability, pressure-care needs, safe transfers, installation position or safe use, you should seek advice from a suitably qualified professional before purchase, such as an Occupational Therapist, GP, clinician, physiotherapist or other relevant healthcare professional.
4. You are responsible for checking that the goods are suitable for the intended user, environment and purpose, except where we have expressly agreed in writing to provide a specific assessment or specification service.
5. Goods are not supplied on a trial basis unless we expressly agree this in writing before the order is placed.

Nothing in this section removes any statutory rights a Consumer may have where goods are faulty, misdescribed, not of satisfactory quality or not fit for a purpose that was expressly made known to us and legally relied upon.

5. Product descriptions, images and specifications

1. We take reasonable care to ensure that product descriptions, images, prices and specifications are accurate at the time they are published.
2. Many products are technical in nature and may be updated by manufacturers. Images, colours, packaging, labels, accessories and specifications may vary from time to time.
3. Product images are provided to help identify and understand the product. They may show optional accessories, staged settings, example users or example uses. Unless expressly stated, accessories shown in images are not included.
4. Dimensions, weights, maximum user weights, battery ranges and similar specifications are normally supplied by the manufacturer and should be treated as approximate unless expressly stated otherwise.
5. Battery ranges, speed, performance and operating times can vary depending on user weight, terrain, gradient, temperature, battery condition, tyre pressure, maintenance, charging history and product settings.
6. If a particular measurement, colour, finish, compatibility point, model version, part number, accessory or feature is essential to your purchase, please contact us before ordering so we can try to verify it.
7. We may correct obvious errors, omissions or inaccuracies on the website at any time.

For Consumers, goods must still match their description, be of satisfactory quality and be fit for their usual purpose. This section does not remove those rights.

6. Prices, payment, VAT relief and credit accounts

1. Prices are shown in pounds sterling. Where VAT applies, prices will show the VAT-inclusive price unless stated otherwise.
2. Some eligible products may show a VAT relief price and a VAT-inclusive price. VAT relief is subject to HMRC eligibility rules and declaration requirements.
3. Where you claim VAT relief, you are responsible for ensuring that the declaration is accurate and that the person or charity named is eligible. If VAT relief is incorrectly claimed, we may charge the VAT that should have been paid and may provide relevant information to HMRC where legally required.
4. Delivery charges, remote-area surcharges, large-item delivery charges and optional delivery upgrades will be shown or confirmed before the order is completed where applicable.
5. We may change prices at any time, but changes will not affect orders already accepted by us unless there has been an obvious pricing error.
6. If a product is listed at an incorrect price due to a typographical error, supplier pricing error, technical issue or obvious mistake, we may reject or cancel the order and refund any payment made.
7. Payment must be made using an accepted payment method unless you have an approved credit account with us.
8. Where payment is made by card, we may validate the name, address and other information supplied during the order process with appropriate third-party services for fraud prevention and identity-checking purposes.
9. If you have a credit account, payment must be made within the agreed credit terms. Unless otherwise agreed in writing, invoices are payable within 30 days of the invoice date.
10. For Business Customers, we may suspend further supplies, cancel undelivered orders, withdraw credit facilities and charge statutory interest, compensation and reasonable recovery costs on overdue sums.
11. You must not make deductions, withhold payment or set off sums against amounts owed to us unless we have agreed this in writing or you have a legal right to do so.

7. Delivery, access and risk

Delivery dates and methods

1. Delivery dates and times are estimates unless we expressly agree a guaranteed delivery date in writing.
2. We will make reasonable efforts to meet estimated delivery times, but we are not responsible for delay caused by events outside our reasonable control, courier delays, supplier delays, severe weather, traffic disruption, failed delivery attempts, incorrect delivery information or unsuitable access.
3. We may deliver orders in instalments where reasonable or necessary.
4. You must ensure that someone is available to receive, inspect and sign for deliveries where required.
5. You may be charged reasonable redelivery, storage, return or failed-delivery costs where delivery cannot be completed because no one is available, access is unsuitable, the address is incorrect, or you fail to make necessary arrangements.

Large, bulky, pallet and in-home deliveries

1. Large or bulky goods may be delivered boxed, on a pallet, to the kerbside, outside your property, or as close to the door as the courier can reasonably and safely reach, depending on the delivery option selected and the product ordered.
2. Unless you have purchased a delivery option that expressly includes room-of-choice delivery, assembly, demonstration or packaging removal, delivery does not include unpacking, assembly, disposal of packaging, moving goods inside your property or taking goods up steps or stairs.
3. Where room-of-choice, assembly, demonstration, old-product removal or packaging removal is purchased, you must ensure that there is safe and suitable access, sufficient space, parking where needed, and that the goods will fit through doorways, corridors, lifts and stairways.
4. We may refuse, pause or rearrange an in-home delivery, assembly or removal service where access is unsafe, unsuitable, restricted, unhygienic, contaminated, or where completing the service could risk injury, property damage or damage to the goods.
5. Old-product removal or disposal, where offered, is only included if expressly stated. Items must be safe, reasonably clean, disconnected where applicable and ready for collection. We may refuse to remove items that present a hygiene, contamination, manual-handling or safety risk.
6. Postcode restrictions may apply to some delivery services.

Inspection on delivery and transit damage

1. Please inspect the packaging and goods as soon as reasonably possible after delivery.
2. If packaging appears damaged, please note this with the driver where possible and retain all packaging.
3. Damage, shortages or incorrect goods should be reported to us as soon as possible, preferably within 48 hours of delivery, with photographs where applicable.
4. Physical transit damage, such as cracks, dents, broken parts or impact damage, should be reported as quickly as possible and no later than 5 days from delivery where reasonably possible. Reports made later may be harder to verify and may affect our ability to accept that the damage occurred in transit, especially where the goods have been used, moved, assembled, installed or the packaging has been disposed of. This does not affect a Consumer’s statutory rights.
5. For Business Customers, the stricter inspection and notification terms in the Business Customer section below also apply.

Risk

1. For Consumers, risk in the goods passes to you when the goods come into the physical possession of you or a person nominated by you to receive them.
2. For Business Customers, risk passes on delivery to the delivery address, or when delivery is tendered but cannot be completed due to your act or omission.
3. If you arrange your own carrier to collect goods from us, risk passes when the goods are handed to your carrier.

8. Cancellations and returns

Detailed return instructions are set out in our separate Returns Information & Terms. Please contact us before sending goods back so we can give you the correct return instructions and help avoid delays.

Consumer distance-sale cancellations

1. If you are a Consumer and you buy online, by telephone or by mail order, you may usually cancel your order without giving a reason within 14 days of receiving the goods.
2. You then have a further 14 days from telling us you wish to cancel to send the goods back to us.
3. You are responsible for the direct cost of returning non-faulty goods unless we have agreed otherwise or the goods are faulty, damaged, incorrectly supplied or not as described.
4. Some large, heavy, bulky, assembled or specialist goods cannot normally be returned by standard post. This may include mobility scooters, powered wheelchairs, beds, rise and recline chairs and furniture. If you ask us to arrange collection, we may deduct the direct collection cost from your refund where permitted by law. These costs can be significant where a specialist courier, two-person team, pallet collection or trained collection personnel are required.
5. We may withhold the refund until we have received the goods back or you have provided evidence that they have been sent back, whichever is earlier.
6. We will refund the price paid for the goods and the standard outbound delivery charge where applicable. We do not have to refund the extra cost of premium, express, enhanced, room-of-choice, assembly or other upgraded delivery services chosen by you above the least expensive standard delivery option offered.
7. You may inspect the goods as you would reasonably be able to do in a shop. If goods are used, installed, assembled, damaged, marked, soiled, contaminated, incomplete, missing packaging, or handled beyond what is necessary to inspect them, we may deduct an amount from the refund to reflect the reduction in value. In some cases, this deduction may be up to 100% where the goods can no longer be resold.

Indicative return collection costs

Where you are responsible for return costs and ask us to arrange collection, we may deduct the direct collection cost from your refund where permitted by law. The exact cost depends on the product, size, weight, location, access, packaging and courier requirements. Typical examples may include:

These figures are only a guide. We will confirm the relevant collection cost where collection is requested and available.

How to avoid return problems

• Please keep the packaging until you are sure the product is suitable and working correctly.
• Please do not use, install, assemble, mark, adapt or dispose of goods if you think you may need to return them.
• Please include all parts, accessories, instructions, chargers, tools, fixings, packaging and free gifts supplied with the product.
• Please package goods carefully for return. You are responsible for goods until they reach us unless we arrange the collection and the goods are correctly packed and ready for collection.

9. Hygiene-sensitive, custom-made, made-to-order and special-order goods

We sell many products that are personal-use, hygiene-sensitive, technical, large, specially sourced or made to a customer’s requirements. This means some returns are restricted, and in some cases a change-of-mind return will not be available.

Hygiene-sensitive goods

For health protection and hygiene reasons, we cannot accept returns of sealed hygiene-sensitive products once they have been unsealed, opened, used, installed, assembled or handled in a way that affects hygiene, unless the item is faulty, damaged or incorrectly supplied.

This may include, for example, toileting aids, commodes, urinals, toilet frames, bathing aids, shower chairs, bath lifts, incontinence products, urinals, cushions, mattresses, mattress overlays, pressure-care products, slings, supports, braces, personal care products, underwear, continence wear, bedding and similar items intended to come into close contact with the body.

Custom-made, made-to-order and personalised goods

Goods made to your specification, personalised, adapted, modified, custom-sized, custom-coloured, configured for you, or made to order cannot usually be cancelled or returned simply because you have changed your mind, unless they are faulty, damaged, incorrectly supplied or not as described.

Special-order goods

Some goods are not normally held as stock by us and are ordered specially from a supplier or manufacturer to fulfil your order. For Consumers, special-order goods may still be returnable unless they fall within a legal exemption, such as being made to your specification or personalised.

For Business Customers, non-faulty special-order, non-stock, sourced-to-order or supplier-direct goods are non-returnable unless we agree otherwise in writing. Where we do agree to consider a return, this may be subject to supplier approval, restocking charges, collection charges, carriage costs, condition checks and any costs charged to us by the supplier or manufacturer.

Items that may be refused or reduced in value on return

We may refuse a return, or make a deduction from any refund where permitted by law, if goods are:

• used, installed, assembled, fitted or adapted beyond reasonable inspection;
• marked, scratched, damaged, soiled, contaminated or showing signs of use;
• missing parts, accessories, chargers, instructions, tools, fixings or packaging;
• returned in damaged or unsuitable packaging;
• hygiene-sensitive and opened, unsealed, used or contaminated;
• custom-made, made to order, personalised, modified or specially configured;
• special-order, non-stock or supplier-direct goods supplied to a Business Customer;
• returned without prior contact where this prevents us from identifying or safely processing the return.

This section does not affect your rights where goods are faulty, damaged, incorrectly supplied or not as described.

10. Faulty, damaged or incorrect goods

Damaged in transit, shortages or incorrect goods

1. Please report damaged, missing or incorrect goods as soon as possible, preferably within 48 hours of delivery.
2. Physical transit damage should be reported as quickly as possible and no later than 5 days from delivery where reasonably possible. Reports made later may be harder to verify and may affect our ability to accept that the damage occurred in transit, especially where the goods have been used, moved, assembled, installed or the packaging has been disposed of. This does not affect a Consumer’s statutory rights.
3. Please keep all packaging, labels and boxes until the issue has been resolved. Couriers and suppliers often require packaging photographs for claims.
4. Please do not use, install, assemble or dispose of goods that have arrived damaged or incorrectly supplied unless we ask you to do so.
5. For Business Customers, the stricter inspection and acceptance rules in the Business Customer section apply.

Faulty goods

1. If you believe goods are faulty, please contact us with your order number, details of the issue and photographs or video where helpful.
2. We may ask reasonable questions, request photographs or video, ask you to carry out simple checks, or ask you to speak with the manufacturer’s technical team where this is the quickest way to diagnose or resolve the issue.
3. Where you are a Consumer, your statutory rights remain against Mobility Smart Limited as the retailer. Any manufacturer guarantee is in addition to those rights and does not replace them.
4. Where goods are confirmed to be faulty, we will deal with the matter in accordance with your legal rights. Depending on the circumstances and timescales, this may include repair, replacement, refund or price reduction.
5. Where goods returned as faulty are tested and no fault is found, or the issue has been caused by misuse, accidental damage, incorrect assembly, incorrect installation, wear and tear, lack of maintenance, unauthorised repair, modification or use against the manufacturer’s instructions, we may reject the claim and charge reasonable inspection, collection, return carriage or handling costs where permitted by law.

11. Business, trade, public sector and purchase order terms

This section applies to all Business Customers, including trade customers, account customers, purchase-order customers, councils, NHS bodies, schools, charities, care homes, healthcare providers, resellers and any customer buying wholly or mainly for business, professional, organisational, public sector or commercial use.

No automatic change-of-mind returns

1. Business Customers do not have an automatic right to cancel or return goods simply because they are no longer required, unsuitable, ordered in error, surplus to requirements, not wanted by an end user, or the end user has changed their mind.
2. Any return of non-faulty goods by a Business Customer is at our discretion and must be authorised by us in advance.
3. Special-order, non-stock, sourced-to-order, supplier-direct, made-to-order, adapted, installed or hygiene-sensitive goods supplied to a Business Customer are non-returnable unless we agree otherwise in writing.
4. Where we agree to accept a Business Customer return, the goods must be unused, complete, in their original packaging and saleable as new unless we agree otherwise in writing.
5. We may apply a restocking charge and deduct collection, carriage, inspection, repackaging, refurbishment, missing-part, supplier or manufacturer charges.
6. We may refuse to accept the return of non-faulty goods that are made to order, specially ordered, adapted, installed, used, hygiene-sensitive, damaged, incomplete, not in original packaging or no longer saleable as new.
7. Credit notes may be offered instead of refunds for discretionary Business Customer returns.

Business inspection and acceptance

1. Business Customers must inspect goods promptly on delivery.
2. Damage in transit, shortages or incorrect goods must be notified to us in writing within 48 hours of delivery, with photographs and packaging retained where applicable.
3. If no notification is received within this period, the goods will be deemed accepted, except for defects that could not reasonably have been discovered on inspection.
4. Business Customers must not use, install, issue to an end user, modify, resell, hire out or dispose of goods where they intend to reject them for damage, shortage or incorrect supply.
5. If goods are delivered direct to an end user, site, care home, patient, service user or third party at the Business Customer’s request, the Business Customer remains responsible for ensuring prompt inspection and notification.

Business suitability and onward supply

1. Business Customers are responsible for ensuring that goods are suitable for their intended use, users, premises, care setting, clinical environment and any onward supply, hire, resale or professional use.
2. Business Customers are responsible for carrying out any necessary risk assessments and for giving end users suitable instructions, warnings, training and aftercare where applicable.
3. Where a Business Customer resells, hires, lends, installs, adapts, demonstrates, recommends or supplies goods to a third party, the Business Customer is responsible for its own contract, advice, installation, risk assessment and legal obligations to that third party.
4. Business Customers must not remove, obscure or alter manufacturer safety information, labels, instructions or warnings.

Business limitation of implied terms

To the fullest extent permitted by law, and subject to the liability section below, all warranties, conditions and terms implied by statute, common law or otherwise are excluded from Business Customer contracts, except where they cannot legally be excluded. Business Customers confirm that they have satisfied themselves as to the suitability of the goods for their intended purpose before placing an order.

12. Ownership of goods and retention of title

1. Title to the goods will not pass to you until we have received payment in full and in cleared funds for those goods and any other goods or services supplied by us to you for which payment is due.
2. Until title passes, you must hold the goods on our behalf, keep them identifiable as our property, keep them in satisfactory condition and not remove, deface or obscure identifying marks or packaging.
3. For Business Customers, until title passes you must store the goods separately from other goods where reasonably possible and insure them against all risks for their full replacement value from the date risk passes.
4. If you become subject to any insolvency event, administration, liquidation, bankruptcy, receivership, creditor arrangement, winding-up petition or similar process before title passes, we may require you to deliver up all goods for which title has not passed.
5. For Business Customers, if goods are not delivered up promptly, we may enter your premises, or any third-party premises where the goods are stored, to recover them, provided this is done lawfully and at reasonable times.

13. Set-off and mutual trading relationships

Where there is a trading relationship in which you also act as a supplier to Mobility Smart Limited, we may set off any sums owed by us to you against any sums owed by you to us. In such circumstances, only the net balance will be payable. This contractual right of set-off operates in addition to any statutory, insolvency or equitable rights of set-off available by law.

14. Product guarantees, batteries and maintenance

1. Products are normally supplied with the manufacturer’s guarantee, where applicable. The length and terms of the guarantee may vary by product and manufacturer.
2. Manufacturer guarantees are in addition to, and do not replace, any statutory rights a Consumer may have.
3. Short-use, consumable, disposable or wear-and-tear items may have limited guarantee cover. This may include items such as gloves, ferrules, tips, batteries, upholstery, tyres, castors, cast protectors and similar items, depending on the product and manufacturer terms.
4. Guarantees do not usually cover fair wear and tear, misuse, accidental damage, neglect, incorrect assembly, incorrect charging, lack of maintenance, unauthorised repair, modification, use outside the manufacturer’s instructions or commercial use where the product is not designed for that purpose.
5. Batteries must be charged, stored and maintained in accordance with the manufacturer’s instructions. Warranty cover does not normally apply to battery failure caused by misuse, neglect, deep discharge, incorrect charging, failure to charge regularly, unsuitable storage, leaving a product unused without maintenance charging, exposure to unsuitable temperatures, or use outside the manufacturer’s instructions.
6. You must read and follow all manufacturer instructions, safety warnings, charging instructions, cleaning instructions and maintenance requirements.

15. Shipments to Northern Ireland

Whether an order is placed online or offline, by requesting delivery to a Northern Ireland address, you confirm that the goods are intended for final use or resale within the United Kingdom. You also confirm that the goods will not be exported to the EU without appropriate declarations or authorisations. We rely on this confirmation to comply with our obligations under the UK Internal Market Scheme and the Windsor Framework.

16. Liability

What we do not exclude

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of any term that cannot legally be excluded, or any liability that cannot be excluded or limited by law.

Consumers

If you are a Consumer, we are responsible for losses you suffer that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for business losses, including loss of profit, loss of business, business interruption or loss of business opportunity, where goods are supplied to you as a Consumer.

Business Customers

1. For Business Customers, our total liability arising out of or in connection with an order will not exceed the price paid or payable for the goods giving rise to the claim, except for liability that cannot legally be limited.
2. We will not be liable to Business Customers for loss of profit, loss of sales, loss of business, loss of contracts, loss of goodwill, loss of anticipated savings, loss of use, loss of data, recall costs, substitute goods costs, end-user claims, indirect loss or consequential loss.
3. Business Customers are responsible for ensuring that any goods supplied are suitable for their own onward supply, resale, professional use, care setting or organisational requirements.

17. Data protection and fraud prevention

We will process personal information in accordance with our Privacy Policy and applicable data protection law. We may use personal information to process orders, arrange delivery, prevent fraud, verify identity, manage accounts, handle returns, provide customer service and comply with legal obligations.

18. Events outside our control

We will not be liable for delay or failure to perform our obligations where this is caused by events outside our reasonable control. This may include supplier failure, courier disruption, strikes, transport disruption, severe weather, fire, flood, pandemic, epidemic, cyber incidents, power failure, regulatory changes, import/export disruption, war, terrorism or other events beyond our reasonable control.

19. General terms

1. If we do not enforce any part of these Terms immediately, this does not mean we have waived our right to enforce it later.
2. If any part of these Terms is found to be invalid, unlawful or unenforceable, the remaining parts will continue to apply.
3. You may not transfer your rights or obligations under a contract with us without our written consent.
4. We may update these Terms from time to time. The terms that apply to your order are the terms in force at the time your order is accepted, unless a change is required by law or regulatory authority.
5. These Terms and any contract between you and us are governed by English law.
6. If you are a Consumer, you may bring proceedings in the courts of England and Wales, or in the courts of the part of the United Kingdom where you live.
7. If you are a Business Customer, the courts of England and Wales will have exclusive jurisdiction.

20. Contact us

If you have any questions about these Terms, an order, a return, a delivery or a product fault, please contact our customer service team.

Mobility Smart Limited
Unit 12-13 Creamery Industrial Estate
Kenlis Road, Barnacre
Preston, Lancashire, PR3 1GD
Telephone: 0800 567 7222
Website: Contact Us