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Website Terms and Conditions

Website T and C

This is a user friendly summary of our terms and conditions. For a copy of our complete and conditions please contact us direct on 01626 835552 or email us.

This site is owned and operated by G&S Smirthwaite Ltd (referred to as “Smirthwaite”, “us” or “we”).

Our Registered office is at: 17 Wentworth Road, Heathfield, Newton Abbot, TQ12 6TL.

Registered Number 2643292. VAT No. GB927 3995 75

Customer (you), the person, company, or legal entity buying the goods from us and to whom the goods are to be invoiced and delivered to. Goods – these are the items described on our invoice.

By using or accessing this website and or placing any order(s), you agree to be legally bound by these terms and conditions including those that may be proposed in any order submitted by you are expressly excluded and shall have no effect.

1  Copyright

All rights including copyright in this website are owned by Smirthwaite. It is not permitted to copy, modify, distribute or re-post anything on this website without the permission of Smirthwaite.

2  Content Accuracy

All care is taken to ensure that the contents of this website, including, illustrations, product details and technical data are clear and accurate at the time of publishing.  The weights and dimensions are approximate only. Whilst every effort is made to match all website imagery to actual colours and finishes, goods are supplied on the understanding that there may be slight dye and shade variations. We cannot guarantee that any product seen on the website will accurately reflect the delivered item. Due to colours in imagery not always being 100% accurate colour fabric swatches are available on request.

Due to our policy of continual improvement some products may vary from those described. The company reserves the right to amend the specification, construction and/or design without prior notice.

3.  Assessments

In mainland UK we can provide a free of charge assessment of your needs for seating standing and toileting equipment. The assessment should be carried out with your professional practitioner e.g. Occupational Therapist or Physiotherapist.

For Changing equipment we will supply a free of charge survey.

Please contact our Customer Services by email or telephone us on 01626 835552 and they will advise you of a local representative in your area who will be able to assist.

4.  Quotations

Any quotation will be an invitation to purchase and will be valid for 6 months from date of issue. Quotations may be subject to availability and we may offer a substitute. In this instance the quotation would be extended to 6 months from the date that Smirthwaite informs you that the original goods are no longer available.  

Where a quote is raised by Customer Services or over the telephone we take every care to provide the correct product. For parts that are required for a previously supplied piece of equipment, a serial number will be required. If parts are ordered without a serial number then charges may be applicable if the goods do not fit (see Returns section 18).

If only part of a quote is ordered, carriage may be charged in accordance with our minimum order charge.
Changing equipment quotes include a free survey of the area where the product is to be sited.

If you require a quotation please contact our Customer Services by email or telephone 01626 835552. Please bear in mind that you may require an assessment before a quote can be raised.

5.  Availability

All items are subject to availability. Occasionally the manufacture of your goods may be delayed which can be be due to material shortages, or higher than anticipated demand. We will inform you as soon as possible if items are no longer available. If we are able to substitute the goods to a similar model we will contact you. Delivery days quoted are working days and do not include weekends and bank holidays. Smirthwaite do not despatch between 20th December and 5th January. We will make every effort to keep you informed.

6.  Prices

Customer Services can provide you with a price, a quote or a copy of our price list.

All individual orders, other than changing equipment that are less than the minimum order charge will be subject to a carriage and packing charge.

All individual orders that are more than the minimum order charge to UK Mainland (excluding Scottish Highlands) are carriage paid for by standard delivery.

Changing equipment carriage charges per product are shown in our current 2010 price list.

Prices are available on request by contacting our Customer Services on 01626 835552 or by email. Proforma invoicing is available.

7.  VAT

VAT will be charged at the prevailing rate at the date of invoice but maybe zero rated in some cases. Any increase or decrease in VAT between date of order and date of invoice will be passed on to you.

VAT exemption applies for equipment designed solely for disabled people and which is being purchased for personal or domestic use for an individual who is chronically sick or has a disabling condition.  This exemption applies where the goods, as described above, are being purchased by the individual or on their behalf by a parent, spouse or guardian, charity and certain other eligible establishments.

In order to obtain zero rated goods a completed and signed VAT statement is required.

Parts and Service can only be zero rated when the original equipment was supplied Zero-rated. Smirthwaite is responsible for ensuring that all the conditions for zero rating are met.

8.  Orders

All orders, apart from those from private individuals, must be received in writing by fax, email or formal order and must have an official order number as well as clearly state the invoice address, delivery address and quote number (where appropriate).

Private individuals may place orders by phone where payments are made by credit or debit card.

Smirthwaite cannot be held responsible for goods delivered incorrectly where the customer has failed to provide the quote number at the time of ordering.

Upholstery colours: Where the customer does not confirm the upholstery colour when placing the order, Smirthwaite reserves the right to provide the goods in the standard issue colour.

Where parts are ordered for previously purchased equipment the serial number of the equipment should be supplied. If it is not available Smirthwaite cannot be liable for any parts that are supplied that do not fit and a charge will be made for return of the goods and subsequent replacement.

9.  Ordering errors

If you make a mistake when placing an order, please contact Customer Services as soon as possible on 01626 835552 or email us.

If your goods have not been despatched we will try to rectify the mistake. If goods have been despatched there will be a charge to have the goods returned and redelivered. If you amend your order this may change your delivery date and/or the price you will pay for the item. You will be asked to confirm changes to your order by email or in writing.

10.  Order acknowledgement

Your order will be acknowledged by post on receipt. If you do not hear from us within seven days of placing the order please contact us. You are responsible to check that the order acknowledgement is as ordered and if you are in doubt please contact our Customer Services by email or telephone 01626 835552.

The delivery dates are quoted in good faith and are to be treated as estimates only.

11.  Payments

Local authorities, schools, hospitals, and charities registered with the charities commission are payable by cheque/ bacs or debit/credit card within 30 days of date of invoice unless the company agrees otherwise.

All other orders are payable by cheque/ bacs or debit/credit card and cleared funds must be received before dispatch of goods. (American Express is not accepted).

Smirthwaite reserves the right to levy a charge for credit and debit card payments.

Smirthwaite reserve the right to charge interest on all overdue payments and outstanding balances at the annual rate of 4% above the base lending rate from time to time of NatWest Bank PLC, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

12.  Legal Title

The legal title will not pass to the customer until the goods have been paid for in full.

13.  Delivery

If at the time of ordering you have any issues with delivery, please contact Customer Services by email or telephone 01626 835552.
Stated delivery times are no more than an estimate and shall not be binding on Smirthwaite. We will not be liable for any costs or damage caused by any reason of delay in delivery.
Smirthwaite reserves the right to make delivery by instalment and to tender a spate invoice in respect of each instalment.

14.  Delivery Company

Deliveries will be carried out by our own transport or carrier. Goods will be delivered to your door and left packed. The packaging should be opened carefully and kept in case you need to return the goods. If you do not have the packaging to return the goods, a charge will be made to have packaging sent to you. Goods not returned in appropriate packaging may not be refundable.

15.  Access

It is essential that you discuss with us any possible restrictions on access prior to delivery.

16.  On Receipt of your Goods

On receipt of your goods, open the packaging and check your items carefully. If you have any concerns see Returns below. Keep all packaging in case you need to make a return. Once you are happy that you are going to keep the goods, please dispose of all packaging carefully. Inside the packaging will be an Instructions manual. Please read this carefully, as not following the instructions may invalidate your warranty and may affect your use of the product. We recommend that you keep the instructions for future use.

Please ensure that all users of the equipment have access to the Instructions Manual. Copies are available on request and may be downloaded from the website.

17.  Notice of Damage, Non-delivery or Wrong Delivery

If the goods appear damaged, incomplete or incorrect on receipt of the goods, please indicate this on the courier’s documentation. Please notify our Customer Services no later than 3 days after delivery by email or telephone 01626 835552.  If in doubt sign the couriers documentation unexamined.
Should goods not arrive please contact our Customer Services department within 7 days from date of invoice, failing which the Company can take no responsibility for non-delivery.
We reserve the right to make a charge for all refused deliveries or redeliveries without justification.
Delivery charge refunds can only be made in accordance with your legal rights.

18.  Returns

Goods must not be returned without notifying us by email or telephone 01626 835552. You will be issued with a goods return number and this needs to be clearly marked on the outside of the packaging. Goods must be returned in suitable packaging. If you have not kept the original packaging, please contact us and we will send you suitable packaging. A charge will be made for this.
Smirthwaite reserves the right to dispose of any non-saleable or un-creditable returned goods.

19.  Warranty

Smirthwaite warrants the products detailed on your order to be free from defects in materials and workmanship for a period of 2 years from date of delivery for goods manufactured after the 1st May 2009.  If a fault develops during the period, please call Customer Services by email or telephone 01626 835552 who will advise you on the best course of action. Possible action may be for us to arrange to send out one of our Service Engineers, or have the goods returned to us. Should a repair not be possible within the guarantee period we will replace the product for new or nearest equivalent product. In the unlikely event that we cannot repair or exchange we will refund in full. This guarantee is for the UK only. The warranty excludes faults due to accident, neglect, misuse, not following the Instructions and normal wear and tear. This guarantee is in addition to your legal rights. Goods will only be collected from the original delivery address.
A charge may be made where the goods cannot be repaired under the warranty. You will be advised before this is made.

20.  Cancellations

Please inform us as soon as possible when an order needs to be cancelled. If the goods have not been despatched the Company may levy a charge for any special items that have been manufactured.

Smirthwaite will levy a charge for goods that are cancelled after the goods have been despatched but not delivered for return carriage. Non-standard items cannot be credited.

If you cancel your order once it has been delivered you must not use the goods, must take care of them and must make them available for us when we call to collect them on the date we will agree with you. We will collect the goods and credit you within 30 days of cancellation, less: the cost of delivery and a restocking fee of 10% of the value of the goods. Equipment and parts that are non-standard cannot be credited. Please ensure the goods are maintained in a saleable condition and in their original packaging. If you do not comply with the above obligations, we will not agree to raise a credit or may make a reasonable charge to cover any costs that we incur. Your statutory rights are not affected.

Exceptions in this policy; the cancellation policy will stand unless, we have not followed your instructions clearly and/or the product is found to be faulty.  This does not affect your statutory rights.

21.  Passing of Risk

The risk of the goods shall pass to you when the goods are tendered for delivery at the delivery point on the order.

22.  Force Majeure

Please see full Terms and Conditions section 12.

23.  Disputes and Set-Off

See details in full Terms & Conditions available upon request. Any Liability of Smirthwaite under the contract shall be subject to and conditional upon the due performance and observance by the customer of all its obligations under these conditions and subject to these conditions the customer shall not be entitled to withhold or delay payment or exercise any right or set – off whatsoever and howsoever arising or arisen which might otherwise be available to it.

24.  Assignment

Please see full Terms and Conditions section 11.

25.  Bankruptcy / Liquidation

Please see full Terms and Conditions section 6.

26.  Exclusions of Liability

Please see full Terms and Conditions section 10.

We make every effort to ensure this website is free from viruses or defects and cannot be held liable for any damage to computer systems as a result of using this website

We set up links with other websites that we think you may find useful. We do not vet these websites and do not have any control over their contents. Smirthwaite cannot accept any liability in respect of the use of these websites.

27.  Use of Website outside of UK

Where we have distributors in the country you wish to deliver to, apart from the UK we will pass on their details to you so that you may purchase directly from them.  The recipient may have to pay import duty or formal customs entry fee prior to or on delivery. You will be responsible to check this before placing your order.

28.  Servicing

Smirthwaite service goods both within and after the warranty period, for more information please call Customer Services by email or telephone 01626 835552.

29.  Changing Equipment Installation

Smirthwaite are able to install your changing equipment. For more information, please call Customer Services by email or telephone 01626 835552.

Full installation instructions are available for those customers who wish to undertake their own installation. For copies of these instructions please email us.

Customers must ensure there is a clear and safe working area for the installation to take place.  Customers should carry out any pre-installation work as requested on the quote prior to the fitter attending the site to make the installation.

Smirthwaite do not supply electrical installation but will contact to the outlet provided.

Prior to any installation, the Customer is responsible for supplying confirmation that the wall is free from asbestos and other contaminates. Work cannot be completed where the customer cannot provide confirmation that the area is free from asbestos.

Smirthwaite will make a charge for any visits to site where the work cannot be completed due to non-access or the site not being ready for installation.

30.  Children

Smirthwaite does not sell products for purchase by children. If you are under 18 you may use the website but any purchases should be made by an adult over 18.

31.  Privacy

We are committed to protecting your privacy.  We will only use the information given at the time of ordering which is collected lawfully and in accordance with the Data Protection Act 1998. Your name will only be added to a mailing list with your consent and we do not transfer the data to a third party apart for the purpose of arranging deliveries or collections of goods by our third party couriers. We collect information about you for two main reasons to process your order and to enable us to provide the most efficient and effective service possible. The type of information we will collect about you includes – your name and address, phone number, your email address, and profession. Please note that some of these fields are optional and the information is only so that we can provide our customers with information as effectively and efficiently as possible.

Our aim is not to send unwarranted emails to you unless you have consented to being on our mailing list. You may request to be removed from our mailing list by sending an email to info@smirthwaite.ca. The personal data will be held securely in accordance with our internal security policy and current legislation.

For a full and complete copy of our Terms and Conditions, please contact Customer Services on 01626 835552 or email us.

Child Protection Policy is also available upon on request.