Able Move – Terms and Conditions
Pre-Order Terms and Conditions
Pre-order Terms and Conditions (hereafter referred to as “the Terms”) refers to the agreement established between you (or “user”, as identified by your purchase, registration or login, whether you are an individual or enterprise) and Able Move Ltd (hereafter referred to as “Able Move”) and its affiliates in relation to the operation of the website (www.ablemove.co.uk) (referred to simply as “the website”) and the pre-order of Able Move products and other accessories (“the pre-order products”).
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (“Pre-Order”) with Able Move products and other accessories (“the pre-order products”). Please read these Terms carefully before submitting your Pre-Order of any Able Move Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
When placing a Pre-Order for Able Move Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Able Move shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to firstname.lastname@example.org.
You acknowledge and agree that Able Move may decline or delay reservations to avoid over subscription or as it deems appropriate, provided that we will make efforts to inform you within 1 month prior to expected delivery date.
2. Payment and Refunds
You will not be charged at time of placing the Pre-Order. We shall notify you when the product is ready for Order and at that point, it is expected the payment is to be made within 10 working days – please see our current Estimated Time of Delivery in Section 3. If Able Move is unable to commence shipping the Products on or before the sixth month anniversary of your placing the Pre-Order, Able Move shall process a full refund to you. Allow 30 business days from date of request for full refund to be processed. Your placing of a pre order constitutes your express agreement to Able Move of charging the full Price of the Products at such time we notify you the order is ready.
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays, due to final testing, CE marking, manufacturing and insurance. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Able Move does not represent or warrant that it will be able to ship the Product by the estimated date. At present the ETD is 30th January 2019. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Able Move is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 5 below.
The purchase price (“Price”) does include taxes and other government charges, which are your responsibility. VAT exemption is available for those within the United Kingdom. If the Price goes up, your order is secure at the low Price. The Pre-Order Price is valid from the moment you place the Pre-Order right up to 10 days after you receive the item.
You or Able Move may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL Able Move BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT Able Move IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
Able Move DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY Able Move WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 5 ABOVE.
Changes to the Terms
Able Move reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 5 above.
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by the law of England and Wales. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
Full Terms and Conditions
Please read all these terms and conditions.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Able Move Ltd a company registered in England and Wales under number 11201232 whose registered office is at The Barn, 117 London Road, Warmley, Bristol, BS30 5NA with email address email@example.com; telephone number 07770510766; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Risk of damage or loss of the goods is on you at the time in which the product is delivered or collected at our office.
- Working (business) day means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Force Majeure means an event or circumstance beyond a party’s reasonable control
- Website means our website www.ablemove.co.uk on which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Supplier’s use of the Specification.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time and the quote shall not constitute an offer.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order unless a VAT exemption is successfully claimed.
- VAT relief – customers within the United Kingdom may qualify for VAT relief on some of our products on our online store. If you qualify for VAT relief please complete the VAT relief form which can be found on the shop or checkout pages of the website and attach this when placing the order, whilst confirming the VAT declaration fields. Some customers may not qualify for VAT relief and will be itemised on the order.
- You must pay by submitting your credit or debit card details or alternative payment methods such as PayPal with your Order and we can take payment immediately or otherwise before delivery of the Goods.
- The supplier shall ensure that;
- Each delivery of the Goods is accompanied by a delivery note that shows the date of the Order, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any), Instruction of Use leaflet (if applicable) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
- If the Supplier requires the Customer to return any packaging materials to the Supplier, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier’s expense.
- We will deliver the Goods, to the Delivery Location (unless stated otherwise in the order) within the below period:
- 10 working days of the order being placed and if the delivery address is within the United Kingdom and Wales (excluding Southern Ireland) or;
- 14 working days of the order being placed, if the delivery address is outside of the United Kingdom but within the European Union (including Southern Ireland) or;
- 21 working days of the order being placed, if the delivery address is anywhere else outside of the United Kingdom and European Union
Failing any agreement, without undue delay and, in any event, not more than 40 days after the day on which the Contract is entered into. If we are unable to meet these timeframes, we shall notify you immediately of any undue delays.
- The supplier shall not be liable for any delay in the delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions.
- If, we accept an Order for delivery outside of the United Kingdom and Wales area, you may need to pay import duties or other taxes, as we will not pay them.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential considering all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- You agree we may deliver the Goods after the 40 working day time period without being penalized if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Supplier shall either deliver the Goods to, or permit the Customer to collect the Goods from, the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
- Delivery is completed on:
1. The unloading of the Goods if the Goods are delivered to the Customer by the Supplier; or
2. the loading of the Goods if the Goods are to be collected by the Customer from the Supplier.
- The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly.
- Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
- in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website www.ablemove.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 6 Hatters Close, Winterbourne, Bristol, BS36 1PD without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
- conform in all material respects with their description and any applicable Specification; and
- be free from material defects in design, material and workmanship; and
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
- Subject to clause 62, if:
- the Customer gives notice in writing to the Supplier during the warranty period within ten days of discovery that some or all of the Goods do not comply with the warranty set out in Conformity and Guarantee clause;
- the Supplier is given a reasonable opportunity of examining such Goods; and
the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’s cost,
- the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
- The Supplier shall not be liable for the Goods’ failure to comply with the warranty set out in clause 62 in any of the following events:
(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 61;
(b) the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
(c) the defect arises as a result of the Supplier following any drawing, design or Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of the Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
(f) the defects arises as a result of the Customers failure to follow the Instruction of Use as provided by the Supplier; or
(g) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- Except as provided in this clause “Conformity and Guarantee’ the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 60.
- The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
- These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can contact Josh Wintersgill – Founder at the following e-mail address: firstname.lastname@example.org.
- Nothing in these conditions shall limit or exclude the Supplier’s liability for:
- any fraudulent act or omission; or
- for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
- Subject to this, the Supplier is not liable for
- loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
- loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
- Force majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event. If the period of delay or non-performance continues for 10 weeks, the party not affected may terminate this Contract by giving 7 days’ written notice to the affected party.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: A complaint should be sent to email@example.com, telephone 07770510766 or write to: Able Move Ltd, The Barn, 117 London Road, Bristol, BS30 5NA. Complaints will be acknowledged within 5 working days of receiving each complaint. A full response shall be provided within 20 working days of receiving each complaint. If, however our response is not provided within the timeframes above – for example, if a complaint is very complex or requires further breakdown, it may be necessary to extend the time limit to ensure we have all the information necessary to deal with it. If this is the case we will keep you informed of progress with the investigation, the reasons for the delay, and inform you of next steps.
Should you have a complaint please email firstname.lastname@example.org, call 07770510766 or write to us at: Able Move Ltd, The Barn, 117 London Road, Warmley, Bristol, BS30 5NA. We will acknowledge complaints within 5 working days of receiving each complaint. We will send a full response within 20 working days of receiving each complaint. We endeavour to resolve issues within the timescales above, however in some cases, we maybe required to extend the timeframes and will inform you if we do. Able Move Ltd is a member of the BHTA, membership number 0004341. So should you be dissatisfied with our findings and decisions you are entitled to contact the BHTA by email on email@example.com, telephone 020 7702 2141 or write to: BHTA, Suite 4.6, The Loom, 14 Gowers Walk, London, E1 8PY.