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Terms & Conditions

Terms and Conditions

Use of Website

Use of Website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.



Registration

You warrant that:

The Personal Information which you are required to provide when you register as a customer is true, accurate,current and complete in all respects

You will notify us immediately of any changes to the Personal Information by emailing Customer Service or calling 01444 253 300 (Monday - Saturday 9am-5pm)

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Privacy Policy

Privacy Policy

Customer Privacy Policy

This Policy explains when and why we collect personal information about our customers, how we use it, the conditions in which we may disclose this information to others and how we keep it secure.

How do we collect your information?

Your personal information is collected at the point of placing an order with, arranging a Home Assessment or Engineering Visit and requesting information from us.

This information is collected in store, via telephone, online or via post at the time of the interaction taking place.

By providing this information to us to process your sales and order, you are consenting to us to use the information as outlined below.

What information do we collect?

Personally Identifiable Information (Personal Data)

When contacting Clearwell Mobility to place an order, arrange a home visit or request information, the information and data we collect might include your name, address, email address, IP address, phone number, payment details as well as the items you have ordered (dependant on nature of interaction).

If, when placing an order with us, you have claimed VAT relief, we will also collect the medical condition used to claim the relief and an authorising signature from the claimant or their representative.

Non-Personally Identifiable Information

When using our website, we also collect Non-Personally Identifiable Information such as, page visits, duration of visits, origination links, number of pages visited and search terms used. This information is not identifiable and is used in an analytics capacity only.

When visiting our website for the first time you will be asked to accept our Cookies Policy, which can be read in its entirety prior to accepting. By accepting the Cookies Policy, you provide consent to allow us to use this Non-Personally Identifiable Information for the purposes outlined below.

To view our complete Cookies Policy with a breakdown of cookies used please click here

How is your information used?

We have outlined below how and when we will use data and information we have captured (Personally & Non-Personally Identifiable). We have also outlined how your information and data will not be used by ourselves.

1. Personally Identifiable Information (Personal Data)

We may use your information to:

  • Process an order you have submitted
  • Transact and process a sale in store
  • To arrange to and visit your home to carry out any assessments or engineering works which you have requested
  • Arrange delivery of items placed for Home Delivery
  • Send you any product information you have specifically requested by post or electronically (including brochures)
  • Send you After-Sales information directly related your purchase (where applicable) such as service reminders, upgrade offers etc
  • Prove eligibility for VAT Exemption if requested by HMRC
  • Contact you in relation to current orders or requests placed with Clearwell (Engineering requests, home delivery orders, special orders) via phone, writing or electronically (email or text message).

We will not use your information to:

  • Send unrelated marketing materials from ourselves or third parties
  • Share with third parties or other companies outside of the requirements led by the agreement entered into (payment processors, delivery couriers etc)
  • Contact you for reasons unrelated to reasons listed above

Non-Personally Identifiable Information

We may use this information to:

  • Track website usage
  • Improve the website layout
  • Track the popularity of products
  • Improve our range of products and services available online
  • Track where our users visit our site from
  • Track how visitors access the website

Who has access to your information?

We will not sell or rent your information to third parties

We will not share your information with third parties for marketing purposes

Clearwell Mobility staff will access your records related only to the tasks listed above

Third Party Service Providers working on our behalf: 

We may pass your information to our third party service providers, agents subcontractors and other associated organisations for the purposes of completing tasks and providing services to you on our behalf (for example to process payments, provide delivery service or complete work not undertaken directly by Clearwell Mobility).

However, when we use third party service providers, we disclose only the personal information that is necessary to deliver the service and we request that they keep all information secure and not to use it for their own direct marketing purposes (unless requested by yourself).

When applying for Motability through Clearwell Mobility (via phone, online or in store) we will pass your information to Motability so that they can process your application. Motability have their own Privacy Policy available to view which details the processes they undertake with your data.

Please be reassured that we will not release your information to third parties outside of Clearwell Mobility for them to use for their own direct marketing purposes, unless you have requested us to do so, or we are required to do so by law, for example, by a court order or for the purposes of prevention of fraud or other crime.

How is your information stored?

Orders

Orders and requests placed via www.clearwellmobility.co.uk are stored on a secure, firewall protected and remote server. Orders and transactions placed in store, via phone or mail are stored on our secure, password and firewall protected server which is inaccessible outside of the Clearwell Mobility network.

Personal Contact Information

Contact information such as name, telephone numbers and addresses are stored on or secure, password and firewall protected server which is inaccessible outside of Clearwell Mobility.

Payment Information

Debit & credit card information is not stored by ourselves and is processed using a third-party payment processor, who is specialised in the secure capture and processing of credit/debit card transactions.

Once an order has been transacted using our secure online SagePay processor or in store using our card terminals, we do not have access to the card details.

VAT Declarations

All VAT Declaration forms are stored in locked and secure facility with limited access in line with HMRC requirements.

How long do we store your information?

Order Information

As standard, we retain Order Information indefinitely as it aids us with after-sales support and future orders placed by yourself. Due to the nature of our sales, we are legally required to retain orders where VAT Relief has been claimed for up to 7 years. This is in line with any potential VAT Audits carried out by HMRC.

We also retain Order Information warranty reasons related to your products. This information will be used should you ever need to claim on our product during the warranty period.

Personal Information & Purchase History

As standard, we retain customer information and purchased history indefinitely or for a minimum of 7 years if the customer has placed an order and claimed VAT Relief.

Delivery information is retained by our chosen courier company and is done so for a period of time at their discretion. Information on their Privacy policies and storage solutions are available upon request.

Card Information

We do not retain card information after a sale has been transacted. The information is stored by our third-party processors and information on their Privacy policies and storage solutions are available upon request.

Direct Marketing

We do not currently participate in direct marketing to customers and will not contact you with any direct marketing materials without prior consent (exception of After Sales Support information as listed above).

Should we update our marketing practices to include direct marketing (electronic, paper or phone), you will be required to ‘opt-in’ to receive such materials. You will then have the ability to ‘opt-out’ at any time thereafter by contacting us on 01444 253 300 or via email using cs@clearwellmobility.co.uk.

Security Precautions to Protect Data

Website

Our site uses 128 bit SSL encryption technology, the most advanced security software currently available for online transactions. You can therefore rest assured that all the information that you enter on our website cannot be seen or captured by anyone else. You can tell whether a page is using encryption by locking for a small locked padlock in the bottom bar of your browser. The address bar will also change to start with ‘https’ rather than ‘http’ before www.clearwellmobility.co.uk.

In Store, Phone & Mail Orders

All records are stored on our secure server which is inaccessible outside of the Clearwell Network. This server is password protected and secured by a number of firewalls and additional security features.

Clearwell are not responsible for any security breaches or loss of data taking place when the customer places an order with Clearwell via a Mail Order, prior to the arrival of said order at the Clearwell Mobility address. Should an issue arise during this transit, this would be related to the courier chosen by the customer to transfer said data.

Links to Other Websites

Our website may contain links to external websites run by other organisations or companies. This privacy policy applies only to our website and content, we therefore encourage you to read privacy statements on other websites you visit. We cannot accept responsibility for the practices of other sites even if they are accessed using links from our website.

Your Information

If you believe any information we may have is incorrect or requires updating then please contact us and we will update our records as soon as physically possible but within 1 month.

If you no longer wish us to store your information and invoke your ‘Right to be Forgotten’ then please contact us on 01444 253 300 or via cs@clearwellmobility.co.uk.

We are able to remove customer information and sales history from our database. We are however, required to store customer information and sales history for up to 7 years if the customer has purchased an item and claimed VAT Relief. This is a legal requirement by HMRC in line with any potential VAT Audits which may occur. Once this duration has passed we are able to remove all records and files.

Please be aware that should you request us to remove your information from our systems, this may void any warranties. We would ask that you retain all paperwork and sales invoices related to items purchased to aid us with any warranty claims arising after deletion.

Indemnity

Indemnity

You agree to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our Rights

Our Rights

We reserve the right to:

  • Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website
  • Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed.



To provide increased value to our Users, we may provide links to other Websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked Website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Orders

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting

The technical steps required to create the contract between You and Us are as follows:

  • You place the order for your products on the website by pressing the Confirm Order button at the end of the check out process. You will be guided through the process of placing an order by a series of simple instructions on the website
  • We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Clearwell Mobility
  • As your product is shipped from our warehouse we will send you a despatch confirmation email
  • Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions on Changes to Orders

Non-Acceptance

Non-Acceptance

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock
  • Our inability to obtain authorisation for your payment
  • The identification of a pricing or product description error
  • You not meeting the eligibility to order criteria set out in the main Terms & Conditions

Contract Cancellations

Contract Cancellations

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than seven working days after the day on which you receive the Products.

If you wish to exercise your right to cancel this contract prior to order despatch, please follow the procedures set out in Order Changes or Cancellations. If your order has already been despatched please follow the procedure set out in our Returns policy.

Please note that your right to return Products does NOT apply to Products which fall into the following categories:


  • Goods made to your specification (for example high back seats, riser recliner armchairs and other furniture items)
  • Mattresses, toppers and pillows
  • Incontinence products
  • Urinals, commodes and bed pans

Description of Products

Description of Products

Each Product purchased is sold subject to its Product Description which sets out any additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Payment

Payment

Prices are shown exclusive and inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered plus delivery charges as set out in the Delivery section of this Website. Payment can be made by any of the methods specified in the New Customers section of this Website.

You confirm that the credit or debit card that is being used is yours.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Refusal of Transaction

Refusal of Transaction

We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:

Register by providing your real name, phone number, e-mail address, payment details and other requested information Be over 18 years of age Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses will not be accepted Possess a valid credit or debit card issued by a bank acceptable to us

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

General

General

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.



Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.



Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.

The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.

This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • Any loss of goodwill or reputation; or
  • Any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.



Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.



Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.



Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.



Entire agreement

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.

Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.



Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.



Contact Clearwell Mobility

The registered company address of Clearwell Mobility Ltd is:

21 Albert Drive, Burgess Hill, West Sussex RH15 9TN

Company registration number: 04682770