Terms & Conditions
- Use of Website
- Our Rights
- Contract Cancellation
- Description of Products
- Refusal of Transaction
Use of Website
Use of Website
AccessYou 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.
RegistrationYou 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.
When you shop on this Website, we will ask you to input and we will collect Personal Information from you such as your name, email address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (eg the URL you came from and your IP address), your browser type, the pages of our Website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Website (“User Information”). We may collect this information even if you do not register with us.
We use your information only for the following purposes:
- Processing your orders
- For statistical purposes to improve this Website and its services to you
- To serve Website content and advertisements to you
- To provide information on new products, promotions and special offers
- To administer this Website
You agree that you do not object to us contacting you for any of the above purposes by e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
Your Personal Information may be disclosed to reputable third parties who will help process your order. Clearwell Mobility requires all such third parties to treat your personal information as completely confidential. We will not release your Personal Information to any other company for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information we are entitled do so.
To view our complete Cookies Policy with a breakdown of cookies used please click here
- 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.
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
- 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
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
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.
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
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.
Intellectual property and right to useYou 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 lawsThe 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 liabilityWhile 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.
SeveranceIf 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.
WaiverNo waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
SurvivalEach 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 agreementYou 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.
LawThe 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 MobilityThe registered company address of Clearwell Mobility Ltd is:
21 Albert Drive, Burgess Hill, West Sussex RH15 9TN
Company registration number: 04682770