Terms & Conditions

3C Wheelchair Service (a trading title for 3C Wheelchair & Seating Service Limited co.no.8798352)

1. These Terms

1.1 What these terms cover. These are the terms and conditions on which we supply goods and/or services (herein after referred to as Products).

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 the Product 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 or require any changes, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are 3C WHEELCHAIR & SEATING SERVICE LIMITED a company registered in England and Wales. Our company registration number is 8798352 and our business address is at 331 Milton Road, Waterlooville, Hampshire, PO8 8LH.

2.2 How to contact us. You can contact us by telephoning our customer service team on 02392 230641 or by writing to us at info@3cwheelchairservice.co.uk or our business address (as above in clause 2.1).

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 contact you in writing to accept it, at which point a contract will come into existence between you and us.

3.2 If we are unable to proceed with your order. We will inform you of this at the earliest opportunity. Possible reasons are:

(a) the Product may be discontinued

(b) we have identified an error in the price or description of the Product

(c) we are unable to meet a delivery deadline you have specified.

4. Our Product

4.1 The wheelchair consists of parts that may vary slightly from their pictures. Any images used in our work are for illustrative purposes only. Our wheelchairs and postural seating are prescribed and clinically justified. The final version may vary from earlier representations.

5. Your rights to make changes

5.1 Your rights to make changes. If you wish to make a change to the Product 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 Product, the timing of supply or anything else which would be necessary as a result of your requested change.

6. Our rights to make changes

6.1 We may change the Product: 

(a) to reflect changes in relevant laws and regulatory requirements;

(b) to implement minor technical adjustments and improvements.; or

(c) to accommodate clinical direction

7. Providing the Product

7.1 When we will provide the Product. During the order process we will indicate to you a list of fitting dates and projected handover date

7.2 If we delay the supply of the Product. We will contact you to advise you of any delay in the supply of the Product.

7.3 Reasons we may delay the supply of the Product to you. We may have to delay the supply of a Product to:

(a) deal with technical problems or make minor technical changes, or

(b) update the Product to reflect changes in relevant laws and regulatory requirements, or

(c) make changes to the Product as requested by you or notified by us to you (see clause 5.1 and 6.1).

7.4 We are not responsible for delays outside our control. If our supply of the Product 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.

7.5 If we delay the supply of the Product. We will contact you to advise you of any delay in the supply of the Product.

7.6 When you become responsible for the wheelchair. The prescribed wheelchair and postural seating will be your responsibility from the date of the signed handover documentation.

7.7 When you own the Product. You own a Product once we have received payment in full.

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

8. Your rights to end the contract

8.1 When you can end your contract with us. Your rights when you can end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract. Cancellation will be discussed if we are unable to get the Product repaired or replaced, or a service re-performed to the agreed quality, or performance. (See clause 10)

(b) If you have just changed your mind about the Product. See clause 8.2. You may be able to end the contract if you are within the cooling-off period.

8.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For a product bought off-premises you have a legal right to change your mind within 14 days of your order being accepted and receive a refund of any deposit paid (if applicable). The 14-day period starts from the day we receive your written order request. However, for services or products that are bespoke, any work completed, or costs incurred, will be chargeable even if the 14-day period is still running. If you cancel after we have started the supply of products or services, you must pay us for the products or services provided up until the time you tell us that you have changed your mind.

8.3 How to end the contract with us (including if you have changed your mind). To notify us of your wish to end the contract, please contact us by doing the following:  Phone. Call our office by telephone as shown in clause 2.2 above. In Writing.  As shown in clause 2.2 above.

9. Our rights to end the contract

9.1 We may end the contract if you break it. We may end the contract for a product 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 14 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 Product;

(c) you do not, within a reasonable time, allow us to deliver the Product to you or collect it from us;

(d) you do not, within a reasonable time, allow us access to the Product to supply the services; or

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 Product 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 Product

10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone or email our customer service team as set out in clause 2.2.

10.2 Summary of your legal rights. We are under a legal duty to supply a product that is in conformity with this contract.

10.3 Our obligation to return rejected Product. If you wish to exercise your legal rights to reject a Product you must allow us to collect it from you. We will pay the costs of collection.

11. Price and payment

11.1 Where to find the price for the Product. The price of the Product (which includes VAT if applicable) will be the price shown in the cost section of your wheelchair and seating assessment/review report and your order form. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Product you order.

11.2 We will pass on changes in the rate of VAT (if applicable). If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product 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, the Product we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions. If no mutual agreement can be achieved, then we reserve the right to cancel the contract. 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.

11.4 When you must pay and how you must pay. We only accept payment by BACS, or such other method agreed with you in writing.  When you must pay depends on what Product you are buying:

(a) For the wheelchair and postural seating, payment is due on the Handover Day.

(b) For services, we will invoice you when they are completed.  Each invoice is payable within 30 calendar days of the date of the invoice.

11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank PLC. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount.

11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we reserve the right to charge you interest on correctly invoiced sums from the original due date.

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 order process.

12.2 We do not exclude/ limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

12.3 We are not liable for business losses. We only supply the Product for domestic and private use. If you use the Product 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 We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website www.3cwheelchairservice.co.uk, or a printed copy can be provided in response to a written request to our business address.

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 contact you to let you know if we plan to do this.

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 this 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 miss a payment and we do not chase you but we continue to provide the Product, we can still require you to make the payment at a later date, including interest fees (see clause 11.5).

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 Product in the English courts.

V3 Updated 07/2023

ADDRESS

Our Office:
331 Milton Road
Waterlooville
Portsmouth
PO8 8LH

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