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Terms and Conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing you are unhappy with. If you are not sure about anything, simply call us on 01377 258217 or 01262 375050.

Application

These terms and conditions will apply to the purchase of good by you (the customer or you). We are Bayliss Mobility, a company registered in England and Wales under the registration number of 5570898 whose office is registered at Unit 4 Manor Farm, Kirkburn, Driffield, East Yorkshire, YO25 9DU with and email address of enq@baylissmobility.co.uk; telephone number of; 01377 258217 or 01262 375050; (the Supplier or us or we).

  1. These are the terms in on which we sell all Goods to you. By ordering any Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Good from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession.
  2. Contract means the legally binding agreement between you and us for the supply of Goods.
  3. Delivery Location means the supplier’s premises or other location where the Goods are to be supplied, as set out in the Order.
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
  5. Goods means the goods advertised on the website that we supply to you of the number and description as set out in the order.
  6. Order means the customer’s order for the good from the Supplier as submitted following the step by step process set out on the website.
  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.
  8. Website means our website; baylissmobility.co.uk, on which goods are advertised.

Goods

The description of goods is as set out on the Website, catalogues, brochures and other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size and colour of the product ordered.

  1. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  2. All Goods that appear on the website are subject to availability.
  3. We can make changes to Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

 We retain and use all information under the Privacy Policy.

  1. We may contact you by email using or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basic of Sale

The description of Goods in our website does not constitute a contractual offer to sell the Goods. When an order has been submitted on the website, we can reject it for nay reason, although we will try to tell you the reason without delay.

  1. The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.
  2. A contract will be formed for the sale of Goods ordered only when you receive an email confirming the Order (Order Confirmation). You must ensure that the confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of email with all the information in it (IE Order Confirmation). You will receive the order confirmation within a reasonable time of making the contract, but in any event not later than the delivery of any Goods we supply under Contract.
  3. Any quotation received from us is valid for a maximum period of SEVEN days from its date, unless we expressly withdraw it at an earlier time.
  4. No variation of the contract, whether about description, of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Supplier in writing.
  5. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us so that we can provide you with a different contract in terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Price and Payment

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

  1. Prices and charges include VAT charged at the rate applicable to the time of Order.
  2. You must pay by submitting by submitting your credit or debit card detail with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

We will deliver the Goods, to the Delivery Location by the time or within the agreed period, or failing any agreement, without undue delay and, in any event, not more than 30 days after the contract is entered into.

  1. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    1. We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you said to us before the Contract was made that the delivery on time was essential; or
    2. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have delivered within that period.
  2. If you treat the contract at an end, we will promptly (in addition to all other remedies) return all payments made under the Contract.
  3. If you were entitled to treat the contract at an end, but do not do so, you are not prevented from cancelling the Order of any Goods or rejecting any goods that have been delivered, and, if you do this, we will (in addition to all other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the cost of this.
  4. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the Goods or the change of the unit) you cannot cancel or reject the Order for some of those Goods without cancelling or rejecting the Order for the rest of them.
  5. We do not generally deliver to addresses outside England, Wales, Scotland, Northern Island, Isle of Man and Channel Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes as we will not pay them.
  6. You agree we may deliver to addresses the Goods in instalments if we suffer a shortage of stock or other genuine, fair reason subject to the above provisions and provided you are not liable for extra charges.
  7. If you, or your nominee, fail through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge reasonable costs of storing and redelivering them.
  8. The Goods will become your responsibility from the completion of the delivery of Customer collection. You must, if reasonably practicable, examine the Good before accepting them.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

  1. You do not own the Goods until payment has been received in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, Cancellation and Returns

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, without incurring any liability.

  1. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
    1. Goods that are made to your specifications or are clearly personalised;
    2. Goods that are likely to deteriotate or expire rapidly.
  2. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
    1. In the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or safety reasons, if they become unsealed after delivery;
    2. In the case of any sales contract, if the goods are mixed inseperably (according to their nature) with no other items after delivery.

Right to Cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

  1. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of Goods. In a contract for the supply of Goods over time (ie subscriptions), the right to cancel will 14 days after the first delivery.
  2. To exercise the right to cancel, you must inform us of your decsion to cancel your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). You can use the attached model cancellation form but it is not obligatory. In any event, you must be able to show clear evidence of when they cancellation was made, so you may decide to use the model cancellation form.
  3. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website; baylissmobility.co.uk. If you use this option, we will communicate to you an acknowledgement of reciept of such a  cancellation in a Durbale Medium without delay.
  4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your excerise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

Except as set out as below, if you cancel this Contract, we will reimburse to you all payments made received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deductions for Goods Supplied

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result is of unnecessary handling by you (ie handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of Reimbursement

If we have not offered to collect the Goods, we will make the reimbursement without undue delay and not later than:

    1. 14 days after the day we receive back from you any Goods supplied, or
    2. (if earlier) 14 days after the day you provide evidence you have sent back the Goods.
  1. If we have offered to collect the Goods of if no Goods were supplied, we will make the reimbursement without undue delay, and not later than the 14 days after the day on which we are informed about your decision to cancel this Contract.
  2. We will make the reimbursement using the same means of payment as you used for the intitial transaction, unless you expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

If you have received Good in connection with the Contract you have cancelled, you must send back the Goods or hand them over to us at Unit 4 Manor Farm, Kirkburn, Driffield, YO25 9DU without delay andin any event not later than 14 days from the day in which you communicate to us your cancellation of the Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the costs of returning the Goods.

  1. For the purposes of these Cancellation Rights, these words have the following meanings:
    1. Distance Contract a contract concluded between a trader and consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.

Sales Contract means a contract under which a trader transfers or agrees to transfer the ownership of Goods to a consumer and the consumer pays or agrees to pay the price, including any contracts that has both goods and services as its subject.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract, and will not have confirmed if it does not meet the following obligation

  1. Upon delivery the goods will:
    1. be of satisfactory quality;
    2. be reasonably fit for purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill or judgement) and be fit for purpose held out by us or set out in the Contract; and
    3. conform to their description.
  2. It is not a failure to conform if the failure has its origins in your materials.

Successors and our Sub-Contractors

Either party can transfer the benefit of this contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

56. In the event of any failure by a party because of something beyond it’s reasonable control:

    1. The party will advise the other party as soon as reasonably practicable; and
    2. The party’s obligation will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Date Protection Regulation with regard to your personal information.

  1. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (baylissmobility.co.uk/privacy-policy/) and cookies policy (www.baylissmobility.co.uk/cookies-policy/).
  2. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or GDPR.
    2. ‘GDPR’ means General Data Protection Regulations EU 2016/679.
    3. ‘Data Contoller’, ‘Personal Data’ and ‘Processing’ shall all have the same meaning as in the GDPR.
  3. We are a Data Controller of Personal Data we Process in provding Goods to you
  4. Where you provide personal data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. We will only Process Personal Date for the purposes identified;
    3. We will respect your rights in relation to you Personal Data; and
    4. We will implement techincal and organisational measure to ensure your Personal Data is secure.
  5. For any enquiries or complaints regarding data privacy, you can email: gary@baylissmobility.co.uk .

 

Excluding Liability

 

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suufered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for it’s business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

The Contract (or any non-contractual matters) is governed by the law of England and Wales.

  1. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  2. We try to avoid any dispute, so we deal with complaints in the following way:

“If a customer feels they have an issue either with the quality of service or product they have received, they should contact us as soon as possible. Then we can investigate the issue and look to respond with an appropriate solution within 7 days.”

Attibution

  1. These terms and conditions were created using a document from Rocket Lawyer (https:www.rocketlawyer.com/gb/en/).

 

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Bayliss Mobility

Bayliss Mobility