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Conditions of use

Terms & Conditions

These General Terms and Conditions of Sale apply to any order the Customer places through ECL Care Solutions.

The Customer must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, the Customer  confirms that  they have read, understood and agreed to these General Terms and Conditions of Sale in their entirety.

If the Customer does not  agree to these General Terms and Conditions of Sale in their entirety, the Customer  must not order any product or service through this Website.

Should you have any questions on our terms and conditions as detailed below please contact our Customer Service Department Tel. 01234 567890..(9.00am   – 5.00pm on Business Days, excluding Bank Holidays) 

The following definitions and rules of interpretation apply in these Terms and Conditions.

Definitions:

Account: the account created by the Customer before making an order on the Website  Business Day: a day other than a Saturday, Sunday or public holiday in

Charges: the charges payable by the Customer for the supply of the goods

Conditions: these terms and conditions as amended from time to time in accordance

Customer: the person or firm who purchases goods from the Supplier.

GDPR:the General Data Protection Regulation (Regulation (EU) 2016/679).

Order: the Customer's order for goods as set out [in the Customer's purchase order form OR overleaf OR the Customer's written acceptance of the Supplier's quotation OR in the Customer's purchase order form, the Customer's written acceptance of a quotation by the Supplier, or overleaf, as the case may be.

 

  1.     Opening an Account and Placing an Order

1.1 When placing an order through ECL Care Solutions  the Customer  must register an Account with us and provide us with some compulsory personal information.  Please see our  GDPR Policy for more information on how ECL Care Solutions will use any personal information provided by the Customer.

1.2 The Customer confirms that all information and details provided by them to ECL Care Solutions  (including on registration) are true, accurate and up to date in all respects and at all times. The Customer can update or correct their details at any time by going their Account.

1.3 In return, ECL Care Solutions will ensure all records collected, used or handled are handled in a way that is compliant by data protection law as per the Data Protection Act 2018.

2. Acceptance of order

2.1 Please note completion of the online checkout process does not constitute ECL Care Solutions’ acceptance of the Customer’s offer to purchase products.

2.2 As soon as the Customer has completed the online check out process, ECL Care Solutions will notify the Customer by email as soon as possible to acknowledge that the Order has been received and is being processed.

2.3 The Order shall only be deemed to be accepted when ECL Care Solutions acknowledge and accept your Order when have dispatched the product(s) that you ordered from ECL Care Solutions.

 

3. Charges

3.1 ECL Care Solutions  reserves the right to change prices without prior notice at any time. The Customer will be charged the price in force    the date the Customer makes an Order.

4.Value Added Tax

4.1 VAT will be charged at the prevailing rate on all applicable products. website prices are shown as both excluding VAT (where applicable) and including VAT.

4.2 Customers with chronic illnesses or disabilities may be subject to VAT exemption. Exemption claims can be declared on the shopping basket and check out page of ECL Care Solutions  website or in writing if placing your order via post. Please contact our Customer Service Department (Tel:01234 567980) for further information.

4.3 Claims for VAT exemption cannot be taken over the telephone. ECL Care Solutions  regret VAT cannot be credited at a later date if the required VAT exemption declaration is not received at time of ordering.

5. Payment

5.1 During the checkout process,  Customers will be asked to enter their  payment details. By completing the payment details, the Customer  confirms that the credit or debit card being used is theirs.

5.2 All fields indicated as compulsory must be completed.

5.3 All card payments are subject to authorisation by the card issuer. Payment must be made at time of ordering by credit/debit card .

6. Delivery

6.1Goods contained on this website are offered subject to availability.

6.2 Once you have placed your order, we aim to deliver your item within 5-7 working days.

6.3 Delivery will be to the UK address specified in your order. If no one is available at a residential address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour or returned to depot.

6.4 The cost of delivery is for specified UK destinations only.

6.5The delivery charge will be per Order placed.

6.6Unless otherwise stated, Oversize items are delivered to a ground floor location and are not installed in situ.

6.7The Standard Delivery Cost of £5.00   for each order (but see note below).

6.8Please note: Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain are not covered by our Standard Delivery Cost.The additional delivery charge will be calculated during checkout based on the delivery postcode provided.

6.9 Under normal circumstances all goods on your order will be dispatched in full within 48 hours.

6.10 If an item ordered is out of stock, the Customer will be advised by email or phone endeavour to supply the item as soon as possible.

6.11 Alternatively, a near equivalent item maybe supplied or the Customer will be asked to re-order. Should the Customer have any enquiries in relation to this,  the customer services department on

Telephone:01234 567890

Email info@eclcaresolutions.co.uk

6.12 The Customer is responsible for informing ECL Care Solutions that an item no longer in stock is no longer required. The Customer should inform ECL Care Solutions of this within 48 hours of being informed an item is out of stock.

6.13. All risk in the products the Customer’s order (including risk of loss and/or damage to the products) shall pass to the Customer when they are delivered to the delivery address specified in the order.

6.14 Should the Customer  decide to cancel  the Order prior to delivery the Customer should contact the ECL Care Solutions customer services with their order number

6.15 the Customer should  ensure you notify ECL Care Solutions 48 hours before the expected delivery any later may incur a cancelation fee.

6.16 The Customer should check all products against  the Order . If the products  received are damaged or incorrectly supplied on delivery then the Customer must inform ECL Care Solutions (by phone or email) within 7 days of delivery.  or within 30 days if the goods are faulty -  quoting your customer number and the delivery note number. Email info@eclcaresolutions.co.uk Tel…01234 567980 9.00am – 5.00pm weekdays, excluding Public Holidays).

6,17  ECL Care Solutions reserve the right to inspect any product reported as faulty before refund or replacement.

 

7.  Cancellations

7.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) (“CCR”) the Customer has a right to cancel all or part of the  contract at any time up to 14 days after the day on which the goods are received,  without giving any reason.

7.2 To exercise the right to cancel , the Customer  must inform ECL Care Solutions within the cancellation period, of your decision to cancel this contract by E-Mail to info@eclcaresolutions.co.uk

7.3 For ECL Care Solutions to consider the return of goods in these circumstances, the goods must be in mint re-saleable condition and packaged in their original packaging.

7.4 The Customer’s  right to cancellation does not apply to goods made to your specification and the Customer will be directed to order by phone through our customer service team on Tel:01234 567890 9.00am – 5.00pm weekdays excluding Public Holidays).

7.5 ECL Care Solutions cannot accept the return of certain items for hygiene reasons, if they have been used or the seal has been broken. This applies particularly (but not exclusively) to toileting and bathing equipment, incontinence items, mattresses and adjustable divan beds.

7.6 In the event of a cancellation, the Customer will have to bear the direct cost of returning the goods.  the Customer can choose to return the goods themselves (after advising cancellation) or arrange for ECL Care Solutions to collect the goods (when advising cancellation).

7.7 For parcels for return; the cost of returning the item will typically be £10 + VAT per carton. For the return of large items delivered on a pallet the return cost would typically be £60 + VAT. ECL Care Solutions are able to provide freepost labels for the return of smaller items; the cost of this is typically £3.50 + VAT. Goods should be returned complete and in original product packaging.

7.8 If the customer  chooses to return any products to ECL Care Solutions , the Customer must do so within 14 days of notifying ECL Care Solutions of cancellation.

7.9 ECL Care Solutions  will not be responsible for any loss or damage to items in transit and, for this reason, it is recommended a recorded delivery service is used (i.e. tracked and insured). If products returned directly by the customer  are lost or damaged in transit, ECL Care Solutions reserve the right not to refund any amounts attributable to such loss or damage.

7.10If the Customer is   returning items ECL Care Solutions must be notified before return. The address of distribution Centre for returns is:

ECL Care Solutions Returns , 11 Freebournes Rd, Witham CM8 3UN

7.11On receipt of returned goods, ECL Care Solutions will reimburse the Customer within 14 working days. Any paid delivery charge will be included in your refund.

7.12 Please note the delivery charge refund will be to the value of Standard Delivery Cost (any additional delivery costs paid for eg. Urgent delivery will not be refunded). The Customer must take reasonable care of the goods while in their possession and ECL Care Solutions reserve the right to reduce the value of the refund if returned goods show evidence of use beyond the handling necessary to see whether the goods are as expected.

7.13 Any refunds given by ECL Care Solutions  will be made to the debit/credit card account provided when the Order was placed. ECL Care Solutions may need to contact the Customer for credit card details in order to make the refund.

7.14 Where ECL Care Solutions  deliver products to a third party in accordance with the Customer’s order, the Customer will only be able to exercise this cancellation right if  the Customer can arrange for ECL Care Solutions  to collect the goods (or return the goods to ECL Care Solutions ).

7.15 This is not intended to be a full statement of all your rights under the CCR. Full details of the Customer’s  rights under the CCR are available in the UK from your local Citizens’ Advice Bureau or the Customer’s  Local Authority’s Trading Standards Office.

8. Product descriptions

8.1 Any samples, drawings, descriptive matter or advertising issued by ECL Care Solutions on the Website, are published for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the Contract or have any contractual force.

8.2 ECL Care Solutions have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products through the Website, please note that:

(a) orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;

(b) all prices are displayed in pounds Sterling

(c)packaging may vary from that shown on the Website;

·(d)whilst ECL Care Solutions  try to display the colours of the products accurately on the Website, the actual colours the Customer will see will depend on the monitor and ECL Care Solutions cannot guarantee that the Customer’s  monitors display of any colour will accurately reflect the colour of the product on delivery

(e) All measurements and dimensions given are for guidance only and may vary within a tolerance of plus or minus 5%

.

9. Product Guarantees

9.1 A standard 12-month guarantee (from the date of delivery) applies to all products with the exception of consumables, and disposable and limited life products.

9.2 Any products supplied to the Customer by ECL Care Solutions will be of satisfactory quality when delivered and when used for purposes for which the goods of that type are ordinarily used (in accordance with User Instructions where supplied). ECL Care Solutions will not be liable for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence or use other than that intended.

9.3 If any goods do not conform to that warranty and where ECL Care Solutions are notified within 12 months of the delivery date, ECL Care Solutions will, at its option, either replace goods found not to conform to the warranty, or bring goods into merchantable quality, or take back the goods found not to conform to the warranty and refund the appropriate part of the purchase price. ECL Care Solutions reserve the right to inspect the product before refund or replacement.

9.4 If the product becomes faulty in the first 30 days the Customer can (as specified by the Consumer Rights Act 2015) reject the item for a refund rather than receive a replacement or repair. ECL Care Solutions reserve the right to inspect the product before refund or replacement.

9.5 Goods will only be collected from the delivery address.

9.6 The Customer has certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about  legal rights in the UK, the Customer can contact local authority, Trading Standards Department or Citizen’s Advice Bureau. N

9.7 Nothing in these General Terms and Conditions will affect these legal rights and, in particular, ECL Care Solutions will perform our obligations under these General Terms and Conditions with reasonable care and skill.

10. Customer Care

For the purposes of internal training we ECL Care Solutions will from time to time monitor and record customer telephone communications. Confidentiality for ECL Care Solutions customers is assured at all times.

11. Complaints

11.1 Should the customer wish to formally complain, they should write to the Customer Service Manager   by E-mail to info@eclcaresolutions.co.uk ensuring the title of the email specified is titled Complaint or by post to: ECL Care Solutions complaints,  Seax House, Victoria Road South, Chelmsford CM1 1QH 

11.2 The complaint will be promptly acknowledged and should the complaint not be resolved within five working days the company will provide regular feedback until full resolution.

12. Liability

12.1 There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.

12.2 ECL Care Solutions are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. ECL Care Solutions will not be liable to the Customer if ECL Care Solutions are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on  the Customer’s behalf) does or fails to do.

12.3 The Customer  must follow any advice given to them by ECL Care Solutions to keep products supplied to keep (including any instructions or product manuals provided with the products). ECL Care Solutions cannot accept liability for damage to products ECL Care Solutions have supplied which is caused by the Customer’s failure to follow this advice.

13. Assignment, waiver and third-party rights

13.1 ECL Care Solutions may update or amend these General Terms and Conditions from time to time to comply with law or to meet changing business requirements without notice to the Customer.. Any updates or amendments will be posted on the Website.

13.2 the Customer  may not assign or sub-contract any of their rights or obligations under these General Terms and Conditions of Sale to any third party unless ECL Care Solutions  agrees in writing.

13.3 If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.

13.4 Only the Customer and ECL Care Solutions shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

13.5These General Terms and Conditions of Sale are governed by the laws of England and Wales. ECL Care Solutions will try to solve any disagreements quickly and efficiently. If the Customer is not happy with the way ECL Care Solutions  deal with any disagreement and want to take court proceedings you must do this within the United Kingdom.