Supply of Goods Terms and Conditions
STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS BACKGROUND: These Terms and Conditions are the standard terms for the sale of goods via the internet, or telesales by King Size People (KSP Mobility), trading via the website www.kingsizepeople.co.uk, whose registered address is 59 Abbey Gate Street, Bury St. Edmunds, Suffolk. IP33 1LB and whose main trading address is King Size People, Fengate Drove, Weeting, Brandon, Suffolk IP27 0PW.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Business Day” means any day other than Saturday or Sunday or bank holiday;
"Calendar Day” means any day of the year;
"Chosen Carrier” means whom We shall use to dispatch the Goods to you;
"Contract” means the contract for the purchase and sale of Goods, as explained in Clause 3; "Goods” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
"Month” means a calendar month;
"Order” means your order for the Goods, made via our website or by telesales;
"Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
"Pre-Contract Information” means information about King Size People, the Goods, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which are available at http://www.legislation.gov.uk/uksi/2013/3134/contents/made
"Premium Delivery” if offered by us means Our premium delivery option(s), available for an additional charge over Standard Delivery as set out in sub-Clause 6.6.2;
"Price” means the price payable for the Goods;
"Returns Address” means King Size People, Fengate Drove, Weeting, Brandon, Suffolk IP27 0PW.
"Special Price” means a special offer price payable for the Goods;
"Standard Delivery” means Our standard chosen delivery method; and
"We/Us/Our” means King Size People, a company whose registered address is 59 Abbey Gate Street, Bury St. Edmunds, Suffolk. IP33 1LB and whose main trading address is King Size People, Fengate Drove, Weeting, Brandon, Suffolk IP27 0PW.
1.2 Each reference in these Terms and Conditions to "writing” and any similar expression includes electronic communications whether sent by email, text message, fax or other means.
2. Information About Us
2.1 King Size People, a company whose registered address is 59 Abbey Gate Street, Bury St. Edmunds, Suffolk. IP33 1LB and whose main trading address is King Size People, Fengate Drove, Weeting, Brandon, Suffolk IP27 0PW.
2.2 Our VAT number is 915424437.
3. The Contract
3.1 These Terms and Conditions govern the sale of goods by Us, via the website or over the phone and will form the basis of the Contract between Us and you. Before submitting your Order by phone you will have certain key terms and conditions and information read and explained to you over the telephone and you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully. Orders via internet will require you to acknowledge via a tick box that you have read and understood and accept the terms and conditions.
3.2 Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email.
4. Description and Specification of Goods
4.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and any descriptions made over the phone or email. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process, and differences in the colour reproduction of electronic displays. Nothing, however, excludes Our liability for mistakes due to negligence on Our part.
4.2 We are required by law to supply Goods that conform to the Contract. If you receive any Goods that do not conform to the Contract, please refer to Clause 8.
4.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to Us as provided in Clause 8. If as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
4.4 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
5.1 All Orders for Goods made by you via the internet or over the phone will be subject to these Terms and Conditions.
5.2 You may change your Order at any time before We dispatch the Goods by contacting Us. Requests to change Orders do not need to be made in writing.
5.3 If your Order is changed We will inform you of any change to the price and will confirm the change in writing via email, text, fax or by post.
5.4 If you change your mind, you may cancel your Order at any time before We dispatch the Goods by contacting Us. Please refer to Clause 9 for details of your cancellation rights.
5.5 We may cancel your Order at any time before We dispatch the Goods in the following circumstances:
5.5.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
5.5.2 An event outside of Our control continues for more than 28 days. (please see Clause 12 for events outside of Our control.
5.6 If We cancel your Order under sub-Clause
5.5 and you have already paid for the Goods, the payment will be refunded to you within 7 Calendar Days. If We cancel your Order, you will be informed by email, phone, text, fax or by post.
6. Price and Payment
6.1 The Price of the Goods will be that is shown on our website, our sales literature, our catalogue, our advertising, our sales premises or agreed amount given verbally over the phone by us
6.2 If We offer a Special Price, the Special Price will be valid for 7 calendar days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.
6.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
6.4 We have made every reasonable effort to ensure that Our Prices, as shown in Our website, our sales literature, our catalogue, our advertising, our sales premises or agreed amount given verbally over the phone by us are correct. Prices will be checked when We process your Order. If the correct Price of the Goods is lower than that shown in Our website, our sales literature, our catalogue, our advertising, our sales premises or agreed amount given verbally over the phone by us, you will be charged the lower Price. If the correct Price of the Goods is higher than that shown in Our website, our sales literature, our catalogue, our advertising, our sales premises or agreed amount given verbally over the phone by us, We will inform you and ask you how you wish to proceed.
6.5 Prices do not include VAT due to the nature of the products being sold are capable of being exempt from VAT. However, if you or the end user cannot provide information needed by Us to satisfy the exemption from VAT, then VAT will be charged on top of any quoted price that is shown in Our website, our sales literature, our catalogue, our advertising, our sales premises or agreed amount given verbally over the phone by us. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment from you.
6.6 Our Prices include standard delivery by parcel, (or pallet in relation to larger items such as, but not limited to mobility scooters) to your door step only or as close to your doorstep as is reasonably possible by our chosen delivery method/company. Any delivery dates and times are approximate and out of our control.
6.6.1 Premium Delivery: Currently not offered by Us.
6.7 All payments for Goods must be made in advance before We can dispatch the Goods to you.
6.8 We accept the following methods of payment:
6.8.1 A variety of credit and debit cards capable of being processed via the Paypal website.
6.8.2 Over the phone by a variety of debit/credit cards.
6.8.3 Bank transfer, details of which are available on request.
6.9 We do not charge any additional fees for any of the payment methods listed in sub-Clause 6.8.
6.11 If you do not make any payment to Us by the date on which that payment is due, We may charge you interest on that sum at the rate of 2% per annum above the base lending rate of Bank of England. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
6.12 The provisions of sub-Clause 6.11 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
7.1 Please note that delivery is only possible within the United Kingdom.
7.2 When We send you an Order Confirmation, Please note that any estimated delivery dates provided may vary according to the availability of Goods and your location. In any event, subject to any circumstances beyond Our control, and subject to any longer period to which you agree when placing your Order (for Goods that We stock only on demand, for example), Goods will be delivered to you no more than 30 Calendar Days after the date that the Contract is formed (see sub-Clause 3.3).
7.4 Delivery will be deemed to have taken place when the Goods have been received by you (or another person identified by you)] at your chosen delivery address. or, if you are collecting the Goods from Us yourself, when you have collected the Goods.
7.5 If for any reason Our Chosen Carrier is unable to deliver the Goods at your chosen delivery address, the Chosen Carrier will normally leave a note informing you that the Goods have been returned to the Chosen Carrier's distribution centre, requesting that you contact them to arrange redelivery. If you do not rearrange delivery and the goods are returned to us, we reserve the right to send an invoice to you for the delivery charge. If We receive a payable invoice from Our Chosen Carrier for subsequent delivery attempts to you, or for a successful delivery to you, we reserve the right to send you an invoice to recover the amount We have been charged.
7.6 The responsibility (sometimes referred to as the "risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you.
7.7 You own the Goods once We have received payment in full for them.
7.8 Please note that delivery to the following areas may require more time:
7.8.1 Channel Islands, All postcodes containing GY and JE;
7.8.2 Isle of Man, All postcodes containing IM 7.8.3 Scilly Isles, postcodes containing TR21-TR25
7.8.4 Scottish Islands, postcodes containing HS1-HS9, IV41-IV49, IV51, IV 55-IV56, KW15-KW17, KA27-KA28, PA20, PA41-PA49, PA60-PA78, PH42-PH44, ZE1-ZE3
7.8.5 Scottish Highlands, postcodes containing KW1-KW14, IV1-IV40, IV52-IV54, IV63, PA21-PA38, PA80, PH16-PH26, PH30-PH41, PH49-PH50
7.8.6 Isle of White, postcodes containing PO30-PO41
8. Faulty, Damaged or Incorrect Goods
8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences or damage). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
8.2 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
8.3 Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. If you are a consumer in the European Union you have a statutory right to a 14 day cooling off period within which you can return Goods for this reason. Please refer to Clause 9 for more details.
8.4 To return Goods to Us for any reason under this Clause 8, you may do so in person during a day and time arranged with us at our premises, or you may return them by post or another suitable delivery choice to Our Returns Address. You may alternatively request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. We are solely responsible for collecting the Goods in this case, however We may appoint a third party carrier to collect them in which case We will provide you with all relevant details. We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate.
8.5 Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
8.6 Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
8.7 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9. Your Right to Cancel If You Change Your Mind
9.1 As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Goods come into your physical possession (i.e. you or another person identified by you taking delivery of the Goods under sub-Clause 7.4). You may cancel your Contract and return the Goods to Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before We have dispatched the Goods, sub-Clauses 9.2, 9.8.4 and 9.10 will apply.
9.2 If you wish to exercise your right to cancel under this Clause 9, you must inform Us of your decision. You may do so in any way that is convenient to you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 9.1 expires. (Note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted.) Please contact Us:
9.2.1 By telephone on 01842 811321 (leave message outside of our opening hours);
9.2.2 By email on firstname.lastname@example.org; or
9.2.3 By post at King Size People, Fengate Drove, Weeting, Brandon, Suffolk IP27 0PW.
9.4 Please note that your statutory right to cancel may be lost in the following cases:
9.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
9.4.2 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
9.5 You must return the Goods to Us no more than 14 Calendar Days after the day on which you have informed Us that you wish to cancel under this Clause 9.
9.6 You may return Goods to Us in person at an agreed day and time at our business location or other location as agreed or you may return them by post or another suitable delivery service of your choice to Our Returns Address. For Goods returned under this Clause 9 We will reimburse you for reasonable postage or shipping costs up to the equivalent what we paid to have it shipped to you initially.
9.7 You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. We are solely responsible for collecting the Goods under this Clause 9 . You agree We may use Our Chosen Carrier for collections under this Clause 9.
9.8 Refunds under this Clause 9 will be issued to you within 14 Calendar Days of the following:
9.8.1 The day on which We receive the Goods back; or
9.8.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 9.8.1);
9.8.3 If We are collecting the Goods under sub-Clause 9.7, the day on which you inform Us that you wish you cancel the Contract.;
9.8.4 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
9.9 Refunds under this Clause 9 may be subject to deductions in the following circumstances:
9.9.1 Refunds may subject to deductions for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause 9, "excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).
9.9.2 We will make no deductions for damage to delivery packaging (i.e. additional packaging into which We have placed the Goods in their original packaging such as bubble wrap and a brown box) but We may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging and resell the Goods in "new” condition).
9.9.3 Standard Delivery charges (see sub-Clause 6.6) will be reimbursed in full along with the Price of the Goods, however We cannot reimburse any additional costs for Premium Delivery (if We have offered it and you have paid for it.) If you chose a Premium Delivery option (if We had offered it) when you ordered the Goods, We will only reimburse the equivalent Standard Delivery costs as part of your refund.
9.10 Refunds under this Clause 9 will be made using the same payment method you used when ordering the Goods.
10. Mobility Scooters Guarantee
10.1 We guarantee the transmission for a period of 24 months and 12 months for bearings, bushings, Rubber Components (except body) electronic controllers, charger, any other electrical sub assembly and Batteries from the date of delivery. The Goods will be free from material defects. Consumable parts, for example but not limited to: Plastic Shrouds, Motor Brushes, Upholstery and Seating, Brake Pads, Tyres, Inner Tubes, Fuses, bulbs and mirrors and the like are not guaranteed.
This guarantee is subject to the exceptions listed in sub-Clause 10.2.
10.2 Our guarantee does not apply to any defects in the Goods caused by:
10.2.1 Normal wear and tear;
10.2.2 Deliberate damage and/or misuse of the Goods;
10.2.3 Accidental damage;
10.2.4 Failure to use the Goods in accordance with their instructions (where applicable); or
10.2.5 The alteration or repair of the Goods by you or any third party that is not authorised by Us.
10.3 Our guarantee exists in addition to your legal rights as a consumer. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
11. Our Liability
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
11.2 We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.3 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
11.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
12.2.1 We will inform you as soon as is reasonably possible;
12.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
12.2.4 If the event outside of Our control continues for more than 30 Calendar Days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
12.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.
13. Communication and Contact Details
13.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01842 811321or by email at email@example.com.
13.2 For orders, payments and delivery please contact Us by telephone at 01842 811321 or by email at firstname.lastname@example.org.
13.3 In certain circumstances you may wish to contact Us about specific issues:
13.3.1 To return non-compliant Goods please use the contact details provided in Clause 8;
13.3.2 For cancellations under your right to a cooling off period please refer to Clause 9.
14. Complaints and Feedback
14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
14.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
14.3.1 In writing to King Size People, Fengate Drove, Weeting, Brandon, Suffolk IP27 0PW.
14.3.2 By email to email@example.com
14.3.4 By contacting Us by telephone on 01842 811 321
15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number, date of birth, VAT exemption ailment) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
15.2 We may use your personal information to:
15.2.1 Provide Our Goods and services to you;
15.2.2 Process your Order (including payment) for the Goods; and
15.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
15.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
15.4 We will not pass on your personal information to any third parties [without first obtaining your express permission].
16. Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) the benefit of the guarantee in Clause 10 to any person who buys the Goods from you after you have completed purchasing the Goods from Us.]
16.3 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission. 16.4 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
16.5 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
16.6 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
17. Governing Law and Jurisdiction
17.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
17.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.