Terms and Conditions

These terms and conditions shall apply for the sale of goods in the UK and the ROI, whether by Breeze Mobility Bournemouth Ltd (hereafter known as the supplier) or its Authorised Distributor or Agent. Under the Consumer Rights Act 2015, you have the right to cancel your order for any item bought on this website for a full refund within 28 days.

When you buy from us, you are agreeing that:

• We only accept Orders when we have checked them
• My Order may be rejected
• We charge you when you place your Order
• We charge interest on late payments
• We pass on increases in VAT
• We’re not responsible for delays outside our control
• Products can vary slightly from their pictures
• You are responsible for allowing and clearing safe access for our delivery team members
• You’re responsible for making sure your measurements are accurate
• The website contains digital representations of most colours and fabrics offered. Due to the inherent difficulties in creating accurate representations in a digital format, the website should only be used as an initial reference, and fabric selections should not be made solely based on the website. We would strongly recommend samples where available before ordering a fabric.

Payment:

You can place your order online or over the phone through Customer Services. Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your goods or provision of the service to you.

You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable to you for any delay or non-delivery.

All orders outside the UK mainland (including N Ireland) will be subject to a postage and packing charge, which you will be advised of prior to shipment of goods.

All goods require payment in full at the time of order. This may be done by debit or credit card ; once cleared we can dispatch goods. Refunds, if applicable, will only be made using the payment originally used for payment.

We allow you to use discount codes on the terms and conditions upon which they were issued, which include terms relating to your eligibility to use them and a maximum order value. We reserve the right to reject or cancel orders that do not comply with these terms, even if your credit or debit card has been charged. The price of the Goods is set out on the Website (we reserve the right to vary prices on different platforms or through 3^rd party sites).  All offers are subject to availability and while stocks last. Offers cannot be used in conjunction with one another. Where more than one offer is available on the identical product, only one discount will apply. The offer giving the most significant savings will be involved in the checkout stage. Voucher code offers cannot be used in conjunction with any other promotional offer.

Processing and supplying/shipping your order

We only accept Orders when we have checked them; we might need further information before processing your order, such as the location, heights and weights of the ‘user’. We contact you to confirm we’ve received your Order and accept it when we dispatch or supply the Product.

Once you have received your delivery date, the customer takes responsibility for access to the delivery location or room of their choice. This also means allowing clear access safely for our Delivery Team. The customer is to pay a failed delivery fee (please ask our adviser) for more oversized items subject to the item size if the delivery has failed for the following reasons: wasn’t home on arrival, didn’t respond to any communication, access wasn’t safe or cleared as agreed before arrival.

We reserve the right to reject Orders, for example, because a Product is unexpectedly out of stock or a Service is no longer available; because you are located outside the UK or our delivery areas as stated on our website and in our marketing or because we mispriced the Product or Service. When this happens, we shall advise you as soon as possible and refund or credit your account.

Delivery

Orders are usually dispatched within 1-2 Business days, however, not all products have a next day delivery option available.

For our larger items such as beds, chairs, scooters and other items, we offer a delivery and installation service (provided by one of our trusted partners) If you don’t see the delivery option you require, please call customer services 0333 006 2158

Please note the above terms are relevant for Mainland UK addresses. Delivery to International and outside of Mainland UK addresses will incur additional delivery charges, please contact us if you need a quote.

Damaged deliveries

Please note that if your parcel is visibly damaged you should please refuse delivery, or if this is not possible, ensure you contact us within 2 working days of receipt. We will apply restocking fees for items reported as transit-damaged more than 2 working days after delivery.

Delivery areas

You agree to indemnify and hold Breeze Mobility Bournemouth Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Breeze Mobility Bournemouth Ltd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.

SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of the United Kingdom. You hereby submit to the exclusive jurisdiction of the United Kingdom courts.

VAT

For products that are eligible for VAT exemption, we will not add VAT automatically at checkout. To qualify for VAT exemption, you need to have a medical condition that is listed in the drop-down box at checkout. If your condition is not listed, you can select “other”. It’s that simple! Please note that both the product and your medical condition need to meet the criteria for VAT exemption.

You will be required to make a declaration to confirm that the VAT-exempt status applies. You are responsible for giving accurate information and not making a false declaration. VAT rates are subject to variation and chargeable where applicable.

RETURNS POLICY

Cancellation Rights

You have the right to cancel this sales contract at any time Up to 28 working days after the date on which the item(s) are delivered. This is called the ‘cooling off period’.

This right does not apply to certain items such as:

• Any appliance made from materials that may be distorted if worn.
• Any item that requires us to provide a service before approving the item for supply – provided that we have begun to provide the service with your agreement.
• Any item that is made or customised to order.
• You can return an item to us for a refund or an exchange if the product is unopened or as new with all packaging within 28 days from the day of purchase.

To exercise your cancellation right, you should follow the instructions:

You are legally responsible for keeping the items in reasonable condition and in your possession until they are returned to us. This includes, for example, keeping any hygiene seals and transparent plastic wrappings in place. Items must be returned unused in their original saleable condition, including original packaging; items with handles, wheels or tyres must be unmarked in the original packaging and unused; this also includes all walking aids.

Once we have received notice from you that you wish to cancel your order, we will refund the purchase price for that item, together with the packing and postage/delivery charge you paid to us for that item (if any). If you paid for one of the special delivery options, such as Next Day Delivery, we will only refund the basic delivery charge that would have been payable for that item. You will have to pay the cost of returning the item to us. Trial periods on any products are not offered unless otherwise stated.

IMPORTANT NOTE

Your rights under the Distance Selling Regulations are to have the opportunity to inspect items you receive from us. Unless it is necessary to remove any hygiene seal or wrapping to inspect or assess an item, removal of such packaging shall be deemed to constitute a failure on your part to keep the items in reasonable condition and you will be in breach of your legal obligations. We are entitled to exercise our statutory rights to recover any losses we incur in this respect. You have 28 days to return unused products in their original packaging for a full refund. Suppose the product(s) are not returned in their original condition with all necessary packaging, in this case, we reserve the right to charge for repairing or replacing any product(s) or packaging. The Customer is responsible for its return. We cannot be held liable for items returned damaged. As such, we recommend that the product(s) are returned with adequate packaging to avoid damage in transit and you take out a tracked, insured return.

Damaged and Faulty Items

The retailer (Breeze Mobility Bournemouth Ltd) within the warranty period, together with written particulars of such defect and provide the seller with all information and particulars required to enable the retailer (Breeze Mobility Bournemouth Ltd) to ascertain or verify the nature and cause of the defect claimed and to carry out its warranty obligations. If any item we have supplied is damaged on receipt or, within 6 months of supply, develops a fault, we will ask you to return the item to us for inspection. We will then replace or repair the item free of charge or refund the price you paid for it, together with any packing and postage/delivery charges you paid to us for delivery of that item.  You may have additional manufacturers’ warranties with some products, such as electrical items, giving you additional rights and you should check these carefully.

How to return items

Suppose the product(s) are not returned in their original condition with all necessary packaging. In that case, we reserve the right to charge for the repair or replacement of any product(s) or packaging.

Unfortunately, we cannot accept returns on product(s) that have been specially adapted to suit your requirements or for products that can void Health & Safety regulations if used, e.g. incontinence, bathroom or toilet products.

Damaged and faulty items: when returning items, you must follow the instructions on the Shipment Note included in the delivery. We will generally offer to collect large, extra-large or high-value items from you at Breeze Mobility Bournemouth Ltd cost. Please get in touch with us for further information. All refunds will be processed within 14 days following receipt of goods.

Cancelled items:

You may return the items to us by your preferred postage method, unless damaged or faulty, at the cost of the consumer. If any amount diminishes the value of the goods as a result of the handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, we reserve the right to recover that amount from the customer up to the contract price. However, additional charges will apply if you require us to collect the item. Please get in touch with our customer services for more information at 0333 006 2157.

Non-Returnable/Cancellable Items:

Some items cannot be cancelled or returned by both consumers and businesses.  These include:

• Made-to-order/customised items such as power chairs, rise recliners and beds
• Mattresses and cushions (once opened)
• Patient handling items such as slings (once opened)
• Bathing and toileting items (e.g. bath lifters)
• High-demand items ordered in bulk quantities such as hand sanitiser dispensers

We also reserve the right not to accept cancellations for pre-ordered and made-to-order items from business or charitable entities.

Warranty:

The goods purchased are guaranteed by the manufacturer for a minimum of twelve months against faults arising from defects in manufacture or materials unless otherwise stated on your invoice. Any parts replaced under this guarantee will be covered for the balance of the twelve months. Breeze Mobility Bournemouth Ltd cannot take any responsibility for products assembled or fitted incorrectly. The warranty is in addition to your statutory rights.

Service Calls:

In the event of a service call-out, we will take an initial call-out fee payment and if the call-out is not deemed as covered under your warranty/guarantee; we are obliged to charge a call-out fee for parts not covered, if requested, to make the repairs/replacements. All call-outs are charged at £129 plus VAT (subject to change), excluding parts and labour not covered by the warranty. See the link for additional information (X)

Batteries:

A manufacturer warranty covers batteries supplied and is subject to stringent wear and tear clauses. A copy of the ‘drop test’ will need to be required if batteries are to be proven faulty; these can be carried out locally and sent to us via post or email: info@breezemobility.co.uk

Medical electrical products:

Certain medical electrical products are suitable for all medical ailments and occasionally, their use may interfere with any treatment (pacemakers) you are receiving or aggravate a condition. You should check with your GP before using any medical electrical product.

Complaints:

If you have already contacted our customer services team and are not satisfied with the service you received, you have the opportunity to have your case thoroughly 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.

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 authority decides that some of these terms are unlawful; the rest will continue to apply.

Notice to cancel:

You have the right to cancel this contract. You can cancel within 28 days from the day you receive this notice. By sending written notice to: Customers Services, Breeze Mobility Bournemouth Ltd 

Suite 4 Safestore, Heatherbank Road, Westbourne, Dorset, UK, BH4 8EA

or by email to:  info@breezemobility.co.uk

Your notice must be in writing and will be served on the date you take or send your notice to us. If you choose to cancel your contract within this period, we will make a refund less any chargeable postage, handling and call-out fees. As laid out in our terms and conditions.

Statutory Rights: These conditions do not affect your statutory rights.

The Consumer Contracts Regulations 2013/2015

Measure Furniture/goods are not covered within the Consumer Regulations (Please refer to the section with no right to cancel.)

YOU SHOULD ONLY COMPLETE THIS PART OF THE FORM IF YOU WISH TO CANCEL YOUR ORDER

To:  The Managing Directors of Breeze Mobility Bournemouth Ltd.

I/We hereby give notice that I/we wish to cancel the contract/order.