Terms and Conditions

Terms and Conditions

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OUR TERMS PLEASE NOTE THAT IF YOU REQUIRE A COPY OF THESE TERMS IN LARGE PRINT PLEASE CONTACT US ON 01422 413 014 OR BY EMAIL TO [email protected]

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. Livewell Today Limited is a company registered in England and Wales. Our company registration number is 6477777 and our registered office is at Suite 6, Wellington Mills, Quebec Street, Elland, HX5 9AS. Our registered VAT number is 197 542 664.

2.2 How to contact us. You can contact us by telephoning our customer service team at 01422 413 014 or by writing to us at the address in clause 2.1 or by email to [email protected]

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we email to you or write to you sending the invoice which confirms that we have accepted your order. A contract will come into existence between you and us only when we send you this invoice by way of confirmation.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because the goods you have ordered are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We only sell to the UK. Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

4. OUR GOODS

4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.

4.2 The packaging of goods may vary. The packaging of the goods may vary from that shown on images on our website.

4.3 It is your responsibility to service the goods regularly. If we are supplying you with a mobility scooter or power chair you should ensure that these are serviced regularly, usually at least once a year. Please refer to the manufacturer’s guidelines which accompany the goods. The cost of servicing is to be met by you. If you do not service the goods when required to do so then you may not be able to reject them or claim a replacement if the goods then develop a fault.

5. YOUR RIGHT TO MAKE CHANGES If you wish to make a change to the goods you have ordered 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.

6. PROVIDING THE GOODS

6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

6.2 When we will provide the goods. We will deliver the goods to you as soon as reasonably possible and usually within 3 days of confirmation of your order. In any event delivery will be within 30 days after the day on which we accept your order.

6.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

6.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.

6.5 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.

6.6 Your legal rights if we deliver late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply: (a) we have refused to deliver the goods; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential.

6.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 6.6, you can give us a new deadline for delivery, which must be within a reasonable time period, and you can treat the contract as at an end if we do not meet the new deadline.

6.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 6.6 or Clause 6.7, you can cancel your order for any of the goods or reject goods that have been delivered. If your order is for more than one item, if you wish you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01422 413 014 or email us at [email protected] for a return label or to arrange collection.

6.9 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.

6.10 When you own goods. You own the goods once we have received payment in full.

6.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, a VAT Relief form. If information is required from you this will be stated on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.12 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to: (a) deal with technical problems or make minor technical changes; or (b) update the goods to reflect changes in relevant laws and regulatory requirements;

6.13 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. You may contact us to end the contract for any goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than twenty-one (21) days and we will refund any sums you have paid in advance for the goods.

6.14 We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 11.4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. We will not suspend the goods where you dispute the unpaid invoice (see clause 11.6). As well as suspending the goods we can also charge you interest on your overdue payments (see clause 11.5).

7. CANCELLATION

7.1 If you wish to cancel your order, then we ask for you to let us know within 60 minutes of receiving your confirmation email. Unfortunately, after this time we are unable to make any changes to your order before it is despatched. As a result, an additional cost may apply to any delivery cancelled, redirected, or refused at your request. If the order is no longer required, this cost may be deducted from your refund. To request a cancellation, please call a member of our customer services team on 01422 413 014.

 8. RETURNS

8.1 Following the acceptance of your order, we hope that your new purchase meets all your expectations. If for any reason you are not happy with your product because of suspected damage either in transportation or on delivery, then you must inform us within 48 hours of receiving your order. Alternatively, if you have simply changed your mind then we ask for you to let us know within 14 days of receiving your order. Unfortunately, after this time we are unable to accept your return. This 14-day period is the time you have to decide whether to return your goods, you then have a further 14 days to actually send the goods back. To request a return, please call a member of our customers services team on 01422 413 014 to obtain a verified, return reference number. Failure to log this request can often result in your refund being rejected due to a lack of traceability.

8.2. As part of our returns process, we allow you to unpack the product and inspect it to ensure that it is as you expected. We advise you to do this carefully and keep all original packaging as any damage caused may reduce your right to return the product for a full refund. If you have used the product or had it installed, we may not be able to sell it to another customer. The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop. Please be aware that where the value of the product has been reduced by your use, we may only make a partial refund, or charge you for the reduction in value because of you handing the goods more than was necessary. To assist in this process, we reserve the right to request images of your product before authorising its return. If the product is returned unused and in its original packaging, you will receive a full refund. On successful inspection of our quality checks, we will provide a refund within 14 days of receiving the order back.

8.2b  For any bed returns, please do not remove the mattress packaging until you have tested the mattress to ensure it is suitable for your requirements. Once the packaging has been opened, we cannot accept a return of the mattress.

8.3We understand that in some cases, it can be difficult to return your goods within the specified time limit, without assistance. Where this is the case we can provide a suitable collection service through one of our logistics partners at a reasonable cost. To access these services, your item must be fully boxed and sealed in a suitable condition to be transported back to us safely. Please ensure that you have obtained the necessary returns reference number prior to packaging your item otherwise your collection cannot be authorised. If you require additional support to dismantle or repackage your product then we recommend choosing HDD who will ensure that your item is carefully returned in a suitable condition.

Carrier

Timescale

Example Products

Cost

DPD

1-2 days

Walking Stick, Tri-Walker, Wheelchair

£15

Tuffnells

2-3 days

Mobility Scooter, Electric Powerchair,

Riser Recliner Chair*

£50

HDD

7-10 days

£90

* Where multiple items require collection, a 50% surcharge will be applied to each additional item:

- Example 1: x2 mobility scooters collected by Tuffnells would cost £75.00 (item A £50 + item B £25)

- Example 2: x2 riser recliner chairs collected by HDD would cost £135.00 (item C £90 + item D £45)

9. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract if you break it. We may end the contract for goods at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods; or (c) you do not contact us to rearrange delivery within a reasonable period of time (see clause 6.5).

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract

10. IF THERE IS A PROBLEM WITH THE GOODS

10.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team at 01422 413 014 or write to us at [email protected]

10.2 Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with the contract. Nothing in these terms will affect your legal rights. You can find details of your legal rights from Trading Standards or Citizens Advice ( www.adviceguide.org.uk or call 03454 04 05 06 ).

10.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01422 413 014 or email us at [email protected] for a return label or to arrange collection.

10.4 Your rights may be affected if you do not service the goods regularly. Please refer to section 4.3 in this regard.

10.5 If the goods have a warranty from the manufacturer. Some manufacturers provide an additional warranty with their goods. If this is the case, you will find details of the same enclosed with the goods. The manufacturer’s warranty is a separate contract between you and the manufacturer, and is subject to the terms set out in the warranty document. The fact that the goods have a manufacturer’s warranty does not affect your legal rights between you and us.

10.6 On certain specified items Livewell Today extend the manufacturers warranty to two years. This warranty does not cover wear and tear, batteries or misuse. The second-year warranty is a 'back to base warranty' that requires the customer, at their expense, to return the items to a repair centre nominated by Livewell Today. For products deemed by Livewell Today to be too large or heavy for customers to return there is a £80 engineer charge to cover inspection of the product. For all cases the fee will be kept to cover the engineers cost and the customer will, in these situations have the option to continue with the repair at their expense.

11. PRICE AND PAYMENT

11.1 Where to find the price for the goods. The price of the goods (which includes VAT if VAT is chargeable on the goods) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the goods advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the goods you order.

11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, 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.

11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

11.4 When you must pay and how you must pay. We accept payment by VISA, Mastercard, Maestro, Solo, Switch, PayPal and by debit card. You must pay for the goods before we dispatch them.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 How we will use your personal information. We will use the personal information you provide to us: (a) to supply the goods to you; (b) to process your payment for the goods; and (c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

13.2 We may pass your personal information to credit reference agencies. If we extend credit to you for the goods we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

13.3 We will otherwise only give your personal information to other third parties where the law either requires or allows us to do so.

14. OTHER IMPORTANT TERMS

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

14.4 If a court finds part of this contract illegal, the rest will continue in force. 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.

14.5 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not make payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.

14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

14.7 All exclusive images and text are copyright protected by Livewell Today. Any use (without prior agreement) will be charged at £100 per day per image.

15. INSURANCE POLICY 

15.1 Livewell Today Ltd, Suite 6, Wellington, Mills, Quebec Street, Elland, West Yorkshire, HX5 9AS is an appointed representative of Mark Bates Ltd t/a Premier Care, Premier House, Londonthorpe Road, Grantham, Lincs, NG31 9SN who are authorised and regulated by the Financial Conduct Authority. Number: 308390.

16. TERMS & CONDITIONS FOR BLACK FRIDAY OFFERS & VOUCHER CODES

Black Friday offers and discounts will commence from 12th November running until 30th November 2018. Prices are subject to change during this period. Different offers and voucher codes will start and end during this period. Once an offer has ended we cannot guarantee the same price and once a voucher code has expired it will not be accepted online. Voucher codes cannot be used in conjunction with any other offer, they cannot be used to discount existing sale lines and or delivery methods or services. 

16.1 If the price of your item has changed before your order is dispatched 100% of the difference can be refunded. You must contact us in order to claim this difference. Orders will not be monitored. 

16.2 If the price of your item has changed and you have receive it that day 50% of the difference in price can be refunded. You must contact us in order to claim this difference. Orders will not be monitored.

16.3 If the price of your item has changed and you have received your order the same week 30% of the difference in price can be refunded. You must contact us in order to claim this difference. Orders will not be monitored.

16.4 We cannot refund any difference in price if your item is older than one week when the price of the item is changed.

17. Complaints

17.1 If you would like to raise a complaint, then we ask that contact a member of our customer services department by one of the means listed below:

-          Call a member of our team on 01422 413 014

-          Email us directly at [email protected]

-          Write to us at Livewell Today, Unit 6 Wellington Mills, Quebec Street, Elland, HX5 9AS

We will acknowledge your complaint within 24 hours of receiving it and endeavour to respond within a further 24 hours.

17.2 If you have already contacted our customer services team and are not satisfied with the service that you have received, you have the opportunity to have your case fully investigated by a member of our escalations team. Our team will endeavour to provide you with a detailed final response within 5 days from escalation.

17.3 You do have the right to appeal your final response, which will then be reviewed by our Customer Relations Manager who will respond to you within a further 5 days. This response will include the decision to uphold or overrule the original decision