T&Cs – Sale of Goods – Consumers

Our Details:

  • Name: Obam Domestic Lifts Services Ltd
  • Company Number: 04062743
  • Address: Tillbridge Lane, Sturton by Stow, Lincoln, LN1 2BP
  • Telephone: 01427 787532
  • Email: info@user-obam
  • VAT Number: 763760901

1. These terms & conditions and our Privacy Policy

  1. These terms & conditions (“T&Cs”) are the terms of the contract on which you buy goods from us.
  2. We reserve the right to change these T&Cs from time-to-time (but this will not affect existing contracts).
  3. As well as these T&Cs, you should also see our Privacy Policy on our website, which describes how we will handle your personal data.

2. Order Process

  1. You can ask us to supply goods to you by calling us, attending our showroom or inviting us to visit your home. In any case, your order will only be accepted, and a contract formed between us for sale of the goods, when we provide written acceptance of your order under clause 2.2.
  2. If we are able to fulfil your order, we will confirm this to you in writing (which includes email). It is only at the point we send our written confirmation to you that a contract comes into force between us (and if you have paid in advance but we are unable to accept your order, we will return that payment to you).
  3. We may place conditions on our acceptance – for example, we may say that the order is only accepted when you pay a deposit or the full price of the goods. In those cases, the contract will not come into force until you have complied with that condition.

3. The Goods

  1. The goods will comply with their description in our written acceptance. They may not comply precisely with images on our literature or website – for example, due to issues with representing colours on a particular device or printed material.
  2. Where the goods do not comply with their description in our written acceptance, are not fit for purpose or are otherwise not of satisfactory quality, you may have one of the conditional rights set out in clause 3.3 (depending on the circumstances). Please contact us if you believe you have such a right so that we can discuss your options with you.
  3. The rights mentioned in clause 3.2 are (i) within 30 days of delivery – refund; (ii) within 6 months of delivery – potential refund if the goods cannot be repaired or replaced; and (iii) within 6 years of delivery – you may be entitled to receive some of your money back.
  4. Each of the periods described in clause 3.3 is qualified by the expected life-span of the goods in question. For example, if the goods are installed outdoors, close to water or otherwise in an unusual location or atmosphere, their expected lifespan will be significantly reduced.
  5. Where ancillary services such as installation are included in your order, they will be performed on these terms & conditions. Performance of those services is dependent on your electrical system, staircase and other infrastructure being as expected. If they are not, we may need to either refuse to complete the services (making a pro-rata refund where you have paid for them in advance) or amend our pricing for such work.
  6. Where as part of performing the services, including where we remove an existing handrail as a gesture of goodwill, we are not required to perform any redecoration, reinstallation, replastering or recarpeting. You must arrange for your own contractors to do this work at your cost.

4. Delivery

  1. If we charge separately for delivery, the amount of such charge will be set out in our written acceptance of your order. The written acceptance will also give you an estimate of when we expect the goods to be ready for delivery. This is not a fixed or guaranteed delivery date, and can be affected by various things outside our control – such as a failure by our suppliers or delivery contractors. We are not responsible for any delays which are outside our direct control.
  2. If you wish to collect the goods rather than having them delivered, please contact us to see if those arrangements can be made or not.
  3. If our delivery contractor is unable to deliver the goods to you when they attempt to do so, they will provide you with details about their process for missed deliveries. This may be to re-attempt delivery, to collect the goods from a depot, or return them to us. We use various delivery contractors, so we cannot confirm in advance what the arrangements will be for your order.
  4. If the goods are not able to be delivered when attempted, we have two options. We may agree with you to accept payment of further delivery charges and related costs (including our standard fee of £495 plus VAT per day or part-day of delay, which relates to the lost time of our installation team) in order to attempt delivery to you again. In the alternative, we may cancel the contract with you, retain such part of the money you have paid as is necessary to cover our costs, and then return the remainder of such money to you (or obtain further money from you where there is insufficient in what you have paid).
  5. Even where delivery of the goods is late for reasons within our control, this does not entitle you to cancel the contract unless one of the following applies: (i) we have refused to deliver the goods; (ii) in the circumstances of your order, it was obvious that delivery by the estimate date was essential; or (iii) you told us in writing before we accepted the order that delivery by the estimated date was essential.
  6. You do not own any of the goods until you have paid us the full price for all goods included in your order.
  7. You are responsible for any accidental or deliberate loss or damage to the goods from the point where our delivery contractor leaves them at your address (even if the delivery contractor leaves them there without you being present at the address).

5. Rights to Cancel the Contract

  1. Unless your goods fall into one of the categories in clause 5.2 below, you are entitled during the period of 14 days after delivery of the goods to cancel the contract, return the goods to us and obtain a refund of the price paid (and, if delivery was charged separately, our cheapest delivery option). You must pay the cost of returning the goods to us, and we would reduce the refund for any deterioration/damage in respect of the goods after they left our delivery contractor’s control on delivery to you, up until we receive them back. We are aware that the law only requires this 14 day “right to return” in some circumstances, but (save as set out in clause 5.2) we are happy to offer it in respect of all of our sales of goods.
  2. You will not be entitled to exercise the right of return in clause 5.1 where the goods are made to measure for you – for example, much of a typical stairlift is bespoke to the individual and to the installation location, and so cannot be re-sold to another customer – or where the goods are incorporated into a wider assembly (for example, where we sell you parts for incorporation into an existing stairlift).
  3. If you have a right to cancel the contract under clause 4.5, then we will also reimburse you (upon receipt of evidence) for the costs of returning the goods to us.
  4. Upon cancellation (however arising), please notify us of your intention to cancel the contract using the details at the head of these T&Cs. You can send us the cancellation notice available on our website if you wish, but you don’t have any obligation to do so. We will confirm to you the date on which our delivery contractor will collect the goods. We will issue you with such refund as you are entitled to within 14 days of collection of the goods.

6. Price & Payment

  1. The price of the goods is set out in our written acceptance. We will also charge VAT at the applicable rate from time-to-time. We will inform you how and when to make payment during our order process.
  2. Unless we have stated otherwise in writing or required prepayment as a condition of accepting your order, you must pay the full price of the goods at the latest 7 days after the date on which we send you our written acceptance.
  3. Where any sum has not been paid in full by the due date, the outstanding sum shall accrue interest daily at a rate of 4% per annum above the Bank of England base rate from time-to-time until the full amount (including interest) has been received by us in cleared funds.
  4. Where any sum is outstanding at the point of delivery, we may delay delivery (without any liability to you) until such sum has been paid in cleared funds, even where such sum has not yet become due.

7. General

  1. The goods are supplied to you for your personal, private use only. If you are purchasing the goods for any kind of trade or business use, you must inform us before placing your order, and we will provide you with our business-to-business terms & conditions. If we discover that you have purchased goods under these T&Cs which are for business use, then (i) we will be entitled to cancel the contract, retain such part of your payment as is required to recover our costs incurred plus a 25% administration fee and then return any surplus to you; and (ii) we will have no liability to you whatsoever in respect of your business activities, including (without limitation) any loss of contracts, profit, business, goodwill, reputation or otherwise.
  2. We are not responsible for any losses suffered by you in relation to the goods or this contract unless that loss could have been reasonably anticipated by us as a likely consequence of our breach of this contract. You are obliged to take reasonable steps to limit any such losses that you claim from us.
  3. We are not responsible for servicing or maintaining your goods unless you take out the appropriate service contract.
  4. This contract can only be varied by agreement in writing between us.
  5. We are entitled to use suppliers or subcontractors to fulfil this contract, and to transfer any of our rights or obligations under it to any person on notice to you. You may not transfer any of your rights or obligations under this contract without our written consent.
  6. This contract is governed by and subject to English law. Apart from in the circumstances set out in clause 7.6, you and we may only make any claims arising out of or relating to the goods or this contract in the English courts.
  7. If you live in Northern Ireland or Scotland, you may also make any such claims you wish to make in the courts of that country.