1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
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 goods 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, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Livewell Today Limited, who trade as Livewell Today. Livewell Today Limited is a company registered in England and Wales. Our company registration number is 6477777 and our registered office is at Suite 6, Wellington Mills, Quebec Street, Elland, HX5 9AS. Our registered VAT number is 197 542 664.
2.2 How to contact us. You can contact us via the eBay messaging service.
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 email to you or write to you sending the invoice which confirms that we have accepted your order. A contract will come into existence between you and us only when we send you this invoice by way of confirmation.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because the goods you have ordered are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. OUR GOODS
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
4.2 The packaging of goods may vary. The packaging of the goods may vary from that shown on images on our website.
4.3 It is your responsibility to service the goods regularly. If we are supplying you with a mobility scooter or power chair you should ensure that these are serviced regularly, usually at least once a year. Please refer to the manufacturer’s guidelines which accompany the goods. The cost of servicing is to be met by you. If you do not service the goods when required to do so then you may not be able to reject them or claim a replacement if the goods then develop a fault.
5. YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to the goods 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 goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. PROVIDING THE GOODS
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the goods. We will deliver the goods to you as soon as reasonably possible and usually within 3 days of confirmation of your order. In any event, delivery will be within 30 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the goods 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
6.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
6.5 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.6 Your legal rights if we deliver late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) We have refused to deliver the goods;
(b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) You told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 6.6, you can give us a new deadline for delivery, which must be within a reasonable time period, and you can treat the contract as at an end if we do not meet the new deadline.
6.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 6.6 or Clause 6.7, you can cancel your order for any of the goods or reject goods that have been delivered. If your order is for more than one item, if you wish you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us through the eBay messaging service.
6.9 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.
6.10 When you own goods. You own the goods once we have received payment in full.
6.11 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the goods to you, for example, a VAT Relief form. If information is required from you this will be stated on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.12 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
(a) deal with technical problems or make minor technical changes; or
(b) update the goods to reflect changes in relevant laws and regulatory requirements;
6.13 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the goods unless the problem is urgent or an emergency. You may contact us to end the contract for any goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than twenty-one (21) days and we will refund any sums you have paid in advance for the goods.
6.14 We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 11.4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. We will not suspend the goods where you dispute the unpaid invoice (see clause 11.6). As well as suspending the goods we can also charge you interest on your overdue payments (see clause 11.5).
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you 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 (or to get the goods repaired or replaced or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; or
(c) If you have just changed your mind about the goods, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(c) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than twenty-one (21) days; or
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.6).
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind if;
(a) We have made goods specifically to your order or design (bespoke goods);
(b)The goods are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c)The goods have become mixed inseparably with other items after their delivery.
7.5 How long do I have to change my mind? You have fourteen (14) days after the day you (or someone you nominate) receives the goods unless your goods are split into several deliveries over different days. In this case, you have until fourteen (14) days after the day you (or someone you nominate) receives the last delivery in which to change your mind about the goods. Please see clause 8 below about how to inform us if you should change your mind
8. HOW TO END THE CONTRACT WITH US IF YOU HAVE CHANGED YOUR MIND
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Contact us through the eBay messaging service. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Contact us to find out how
(c) By post. Contact us and we will send you a form then post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.
8.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person or post them back to us at Suite 6, Wellington Mills, Quebec Street, Elland, HX5 9AS, or (if they are not suitable for posting) allow us to collect them from you. Please contact us through the eBay messaging service for a return label or to arrange collection. You must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or not as described;
(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of the collection. This is the same as the cost of delivery, details of which can be found on our website.
8.5 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) 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. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see clause 8.8.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for goods 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 seven (7) 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 goods; or
(c) you do not contact us to rearrange delivery within a reasonable period of time (see clause 6.5).
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 products 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 GOODS
10.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. Please contact us through the eBay messaging service.
10.2 Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with the contract. Nothing in these terms will affect your legal rights. You can find details of your legal rights from Trading Standards or Citizens Advice (www.adviceguide.org.uk or call 03454 04 05 06).
10.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us via the eBay messaging service for a return label or to arrange collection.
10.4 Your rights may be affected if you do not service the goods regularly. Please refer to section 4.3 in this regard.
10.5 If the goods have a warranty from the manufacturer. Some manufacturers provide an additional warranty with their goods. If this is the case, you will find details of the same enclosed with the goods. The manufacturer’s warranty is a separate contract between you and the manufacturer and is subject to the terms set out in the warranty document. The fact that the goods have a manufacturer’s warranty does not affect your legal rights between you and us.
11. PRICE AND PAYMENT
11.1 Where to find the price for the goods. The price of the goods (which includes VAT if VAT is chargeable on the goods) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the goods advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the goods you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods 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, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. 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, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment by VISA, Mastercard, Maestro, Solo, Switch, PayPal and by debit card. You must pay for the goods before we dispatch them.
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 sales process.
12.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the goods to you;
(b) to process your payment for the goods; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
13.2 We may pass your personal information to credit reference agencies. If we extend credit to you for the goods we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
13.3 We will otherwise only give your personal information to other third parties where the law either requires or allows us to do so.
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 always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
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 the 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 do not make payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
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 products 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 legal proceedings in respect of the products in either the Northern Irish or the English courts.