Updated February 2023.
This document sets out the terms of the contract of sale between:
The Seller: Cyclone Technologies Ltd., a company registered in England and Wales under company registration number 06640707, whose registered office is at Unit 20, Heron Business Park, Tan House Lane, Widnes. In this document Cyclone Technologies Ltd. can be referred to as “Cyclone”, “we” or “us” or “our”.
The Buyer: referred to as “you”, “your” and “yours” in this document.
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE SIGNING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Formation of the Contract
1.1 These Terms of Sale apply to all products and services supplied by Cyclone, whether such products are purchased via an order placed with our Sales Advisors, online, over the telephone and / or by any other means of communication.
1.2 When you place an order with us, and specifically as soon as you receive our order acknowledgement, a legally binding contract has been created between you and us at that time.
1.3 This contract is subject to your right of cancellation. (Please see section 6 below).
1.4 We 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 a Product from us, the Terms in force at the time of your order will apply to the Contract between you and us.
1.6 We may revise these Terms as they apply to your order from time to time.
1.7 By placing an order with us you warrant that you are of 18 years of age and that you have the capacity and authority to enter into legally binding contracts.
2. Description and Price of Products
2.1 The images of the Products on our website and in our marketing materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the colours represented visually online or in marketing materials and brochures accurately reflect the actual colour of the Products. Your Product(s) may vary slightly from those images.
2.2 In addition to the price of the Product(s), you will be required to pay a delivery charge for the Product(s), which will be set out in our quotation.
2.3 The price quoted for the Product(s) is exclusive of VAT. VAT relief may be available on the Product(s) on completion of the VAT Exemption Form which will be provided to you by us. Our VAT registration number is GB936851883.
3. Sale & Payment
3.1 Payment of your Deposit, Product and Delivery Charges can be made over the phone by Visa Debit/Credit, Mastercard or Bank Transfer, we do not accept payment by American Express. All details can be found on the invoice which you will be supplied with once you place your order.
3.2 The deposit paid will be non-refundable if the Product(s) is bespoke or must not be opened/used for hygiene reasons.
3.3 If you are funding the balance of your purchase through a monthly payment plan, the terms governing the payment plan will be subject to a separate agreement between you and us.
3.4 You will receive an Order Acknowledgement for your order once your deposit has been processed.
3.5 Any outstanding balance on your account must be settled prior to delivery or collection of your Product(s), unless you are purchasing under a payment plan, in which case the terms of the plan will be advised to you.
3.6 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 Cyclone prior to collection/delivery of your Product(s). Failure to do so will leave you responsible for settling the remaining balance.
4. Delivery
4.1 Delivery lead-times are estimates, subject to change, and not binding. We will use our best endeavours to meet the quoted delivery time, and will advise you of any change in the estimated delivery times, as soon as we are made aware of it.
4.2 If your chosen Product(s) is available for Home Delivery / Set-Up by our engineers (at the quoted cost) you will have the option to choose this method of delivery during the Order Process. Our Customer Service Advisors will contact you to arrange a suitable date and time for delivery to the address you provided during the order process.
4.3 For Product(s) requiring collection from our Showroom, our Customer Service Advisors will contact you to arrange a suitable date and time.
4.4 If you order a Product(s) that is in stock for delivery to an address in mainland Britain, the item will usually be dispatched the next working day, provided we have received full payment for it.
4.5 For Home Delivery products, we employ professional carriers. There must be someone available to take delivery on the day of delivery. You will be responsible for any extra delivery charges associated with any such re-delivery.
4.6 You must carefully examine the Product(s) on arrival for any damage and to check they are the correct Product(s). If any damage is present or you have received the wrong Product(s), please notify us at the earliest possible opportunity or in any case within 3 days. If signing for the Product(s) and the parcel and/or the Product(s) are damaged, please sign for the Product(s) but mark the delivery note “Received Damaged”.
4.7 You will become the owner of the Product(s) 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.
5. Fair Use
5.1 We supply Products that must be used in accordance with the manufacturers’ instructions, recommendations and guidance. These instructions, recommendations and guidance will be supplied to you with the Products. In providing you with information about the Products, our Sales Advisors will not give advice on use that contradicts these recommendations, and, in all circumstances, the manufacturers’ recommendations prevail.
5.2 If you use any Product in a way that does not comply with the manufacturers’ instructions, recommendations and guidance, we accept no liability for any damage to the Products, and / or any damage to other property and / or any damage or injury to you or any other person.
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 Product(s) 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 Product(s), you can notify us 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 we confirm our acceptance of your order) and expires 14 calendar days from the day following the delivery date of the Product(s).
6.3 You do not have the right to cancel bespoke items which have been made to your personal specification and these can therefore only be returned if faulty (a bespoke item is an item specifically made for you). All of our wheelchairs are bespoke Items.
6.4 To cancel a Contract within the relevant period, you need to let us know that you have decided to cancel. Please email us at info@cyclonemobility.com and / or contact us by telephone on 0800 180 4850. If you are emailing us, please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email.
6.5 If you cancel your contract within the relevant period, we will refund you the price you paid for the Product(s). However please note we are 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. We may also pass on any re-stocking fee charged by our suppliers; and make any refunds due to you as soon as possible.
6.6 We are under a legal duty to supply Product(s) that comply 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 us. Advice about your legal rights is available from your local Citizens Advice Bureau.
6.7 If at any time there is a problem with the Product(s), please contact us immediately on 0800 180 4850 or email us at info@cyclonemobility.com
6.8 If you return the Product(s) to us under clause 6.2 and we have agreed that you may return them, we will refund the price of the Product(s) in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.
6.9 We will refund you in the same way in which you paid.
6.10 Unless the Product(s) is faulty or not as described, you will be responsible for the cost of returning the Product(s) to us. If the Product(s) is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product(s) to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product(s) from you, we will charge you the direct cost to us of collection.
6.11 We will only refund you after we have received or collected the Product(s) from you in accordance with clause 6.10 above. We reserve the right to examine the Product(s) to confirm that it / they are not in any way damaged prior to making the refund, and to retain any reasonable sums due to us for damage to the Product(s) or the reasonable costs of carriage and / or collection as set out in clause 6.10.
7. Warranty
7.1 We will pass onto you the benefit of the manufacturer’s warranty.
7.2 Whilst your Product(s) is still under warranty, repairs, adjustments and alterations must be carried out by our trained engineers.
7.3 The manufacturer’s warranty does not apply to any defect in the Product(s) arising from fair wear and tear, willful 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 Product(s) supplied to you develop a defect while under warranty or you have any other complaint about the Product(s), you should contact us immediately.
7.5 You are responsible for the cost of transporting your Product(s) (and any other costs involved) back to Cyclone for warranty repairs. You may choose a home repair for which there will also be a charge at our standard daily engineering call-out rate.
8. Data protection GDPR
8.1 We comply with GDPR and as such we will retain your information for the length of time we are allowed to by the regulations. We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
8.2 By providing us with information about yourself, you agree that we can use it to contact you about your order and for marketing purposes, unless you ask us not to contact you for marketing purposes.
8.3 You can correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the address or email address shown on our website.
8.4 We will not sell or share your information with any other 3rd party
9. Events outside our control
9.1 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10 Other important terms
10.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
10.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
10.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.4 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.
10.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6 Please note that these Terms are governed by the laws of England and Wales.