Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE EMAILING CONFIRMATION OF YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

14/01/2020

 

1.        Formation of the Contract

1.1      These Terms of Sale apply to all products supplied by Seated Sports. A sole trader business trading from Tansur Court, St Neots, Cambridgeshire, PE19 1RA, sean@seatedsports.com (referred to as  “I”, “me”, “my”) whether such products are ordered via an order placed via email, online, in person or by any other means of communication.

1.2      The contract between us starts when you confirm the quotation/order and receive our order acknowledgement.

1.3      This contract is subject to your right of cancellation. (Please see below).

1.4      I may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

1.5      Every time you order Products from me, the Terms in force at the time of your order will apply to the Contract between you and me.

1.6      I may revise these Terms as they apply to your order from time to time.

1.7      By placing an order with me you warrant that you are of 18 years of age and are legally capable of entering into binding contracts.

 

2.        Description and Price of Products

2.1      The images of the Products on Tessier website, my website and in any social media are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours or the colours in the brochure accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2      The packaging of the Products will vary.

2.3      In addition to the price of the Products, you will be required to pay a delivery charge for the Products, which will be set out in my quotation.

2.4      The price quoted for the Products is exclusive of VAT. VAT relief may be available on the Products on completion of the VAT Exemption Form which will be provided to you by me. My VAT registration number is GB287871051

2.5 Ski/s and binding/s are charged at standard VAT rate (20%) as are not deemed exempt for people with a disability (as per HMRC rules).

 

3.        Sales Order Process

3.1      Contact me to book an opportunity to meet, speak over the phone or gather details over email.

3.2      I will discuss the Products best suited to you.

3.3      Choose your product, I will provide you with a Quotation.

3.4      Review your Quotation and approve the quotation / order by email.

3.5      I will provide you with an Invoice, payment of a 50% deposit will be required to secure your order. The deposit paid will be non-refundable if the item is bespoke, customised or made to measure.

3.6      Your Product is ordered and an Order Acknowledgement will be sent.

3.7       Remaining balance to be paid prior to delivery

 

4.        Sale & Payment

4.1      Payment of your Deposit, Product and Delivery Charges must be paid via BACS transfer. All details can be found on the invoice which you will be supplied with once you place your order.

4.2      If you are using a Wheelchair Services/NHS Voucher, Access to work or any other funding source, you must ensure all correct and relevant paperwork is received by Seated Sports prior to collection/delivery of your Product(s).  Failure to do so will leave you responsible for settling the remaining balance.

 

5.        Delivery

5.1      If you have opted to have it delivered to your chosen address, every effort will be made to provide you with tracking details, so a person can be at home to take delivery from the courier. The courier may call you to confirm delivery or if no-one is in, then a second attempt will be notified and after that the item/s will be returned to the Tessier Factory and subject to extra handling/postage fees.

5.2      You must carefully examine the Products on arrival for any damage and to check they are the correct Products. If any damage is present or you have received the wrong Products, please notify me at the earliest possible opportunity. If signing for the Products and the parcel and/or the Products are damaged, please sign for the Products but mark the delivery note “Received Damaged”. Please keep photographic evidence/proof.

5.3      For products requiring collection from my Showroom, I will contact you to arrange a suitable date and time to collect.

5.4      In some circumstances there is an option to receive your item/s at a suitable meeting point or ski centre (mutually approved), allowing the opportunity to ask any questions about the products and assist with setup in person.

5.5      You will become the owner of the Products you ordered and responsible for risk of loss of or damage to them once they have been delivered and paid for in full by you.

 

6.        Your right of cancellation

6.1      If you are a consumer, you have a legal right to cancel the Contract for the supply of Products during the period set out below in clause 6.2. This means that during the relevant period if you change your mind or decide for any reason that you do not want to receive or keep the Products, you can notify me of your decision to cancel the Contract and receive a refund.

6.2      Your legal right to cancel the contract starts from the date of the Order Acknowledgement (the date on which I confirm the acceptance of your order) and expires 14 calendar days from the day following the delivery date of the Product.

You do not have the right to cancel bespoke items which have been made to your personal specification/customisation and these can therefore only be returned if faulty (a bespoke item is an item specifically made for you). Also, any ski or binding can be refunded if unused and not had a binding mounted on the ski.

6.3      To cancel a Contract, you just need to let me know that you have decided to cancel. The easiest way is to email sean@seatedsports.com , please include details of your order to help me identify it. Your cancellation is effective from the date you send me the email. If you cancel the Contract you will then be given return details.

6.4      If you cancel your contract, I will:

i.      refund you the price you paid for the Products. However please note I am permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop

ii.     refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method I offer (provided that this is a common and generally acceptable method). For example, if I offer delivery of a Product within 3/5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then I will only refund what you would have paid for the cheaper delivery option; and

iii.      make any refunds due to you as soon as possible and in any event no later than 14 days after the day on which I receive the Product back from you or, if earlier, the day on which you provide me with evidence that you have sent the Product back to me. For information about how to return a Product to me, see clause 6.3.

6.5      If you have returned the Products to me under clause 6.2 because they are faulty I will refund the price of the Products in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to me.

6.6      I will refund you via BACS transfer to the bank from where it came.

6.7      Unless the product is faulty or not as described, you will be responsible for the cost of returning the Products to me. If I’ve offered to collect the Product from you, I will charge you the direct cost to me for collection.

6.8      If at any time there is a problem with the Product, please contact me immediately on 07970 158252 or email me at sean@seatedsports.com

6.9      We are under a legal duty to supply products that are in conformity with this contract.  If they are not as described, fit for purpose or of satisfactory quality, you may be entitled to repair, replacement or a refund depending on when the problem is discovered and reported to me.  Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

 

7.        Warranty

7.1      I will pass onto you the benefit of the manufacturer’s warranty.

7.2      Once you receive your Tessier equipment, I invite you to register it in a few clicks here in order to get a free warranty extension (from 1 to 3 years on the frame). Before use I also recommend to read carefully the user manual you will find in the parcel for the comfortable and safe use of your product, and please do not hesitate to contact me if you have any questions.

7.3      The warranty does not apply to any defect in the Products arising from fair wear and tear, wilful damage, accident, negligence by you or any third parties, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval.

7.4      If the Products supplied to you develop a defect while under warranty or you have any other complaint about the Products, you should contact me immediately.

7.5      You are responsible for the cost of transporting your products (and any other costs involved) back to SeatedSports for warranty repairs.

 

8.        Returns

8.1      When you return Products to me for any reason other than in accordance with your right of cancellation (as set out at clause 6 above), for instance because you claim that the Products are defective, you will need to follow the procedure at clause 6.3. I will examine the returned Products and notify you of the action I propose to take in accordance with your rights as a consumer. If I give you a refund I will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day I confirmed to you via e-mail or in writing that you were entitled to a refund for the defective Products.

8.2      When you contact me to return Products under clause 6.3 above you will be given return details, which I ask are enclosed and quoted when you return the Products. I request that you return the Products to me as soon as reasonably practicable and along with your proof of payment.

 

9.        Data protection GDPR

9.1      I comply with GDPR and as such I will retain your information for the statutory length of time , due to legitimate and contractual interest. I will take all reasonable precautions to keep the details of your order and payment secure, but unless I am negligent, I will not be liable for unauthorised access to information supplied by you.

9.2      I will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. The order form with your details will be used by Tesser Adaptive Sports Equipment to confirm custom equipment measurements and delivery details and they will also comply with clause 9.1.  

9.3      You can correct any information about you, or ask for information about you to be deleted, by giving written notice to me at the address or email address shown on my website.

9.4      I will not sell or share your information with any other 3rd party.

 

10.      Events outside our control

10.1    If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

i.         I will contact you as soon as reasonably possible to notify you; and

ii.        my obligations under a Contract will be suspended and the time for performance of my obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the delivery of Products to you, I will arrange a new delivery date with you after the Event Outside Our Control is over.

10.2   You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact me. If you opt to cancel, you will have to return (at my cost) any relevant Products you have already received, and I will refund the price you have paid, including any delivery charges

 

11.      Other important terms

11.1   I may transfer my rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

11.2   You may only transfer your rights or your obligations under these Terms to another person if I agree in writing.

11.3   This Contract is between you and me. No other person shall have any rights to enforce any of its terms

11.4   Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

11.5   If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only do so in writing, and that will not mean that I will automatically waive any later default by you.

11.6   Please note that these Terms are governed by English law and you can bring proceedings 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 proceedings in respect of the products in either the Northern Irish or the English courts.