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Terms and conditions for online sale of stairlifts

These terms and conditions relate to you buying a stairlift direct from us, Stannah Lift Services Ltd online through our website at my.stannah.co.uk for a domestic property. They do not apply to products you bought or are buying through third parties or a grant scheme.

Pay particular attention to clause 10, which sets out your legal rights.

1. Parties to the agreement

a: These terms and conditions form part of a legal agreement (the agreement) between: us, Stannah Lift Services Limited a company registered in England and Wales. Our registered office is at Watt Close, Andover, SP10 3SD and our company number is 1189799. Our VAT number is 236 7783 28; and you, the person placing the order on the site.

b: If we have to contact you, we will do so using the phone number, address or email address you gave in your order.

c: You can contact us by telephoning us on 0800 715 191, emailing us at webenquiries@stannah.co.uk, or writing to us at:

Stannah Lift Services Ltd Watt Close East Portway Andover Hampshire SP10 3SD.

d: When we use the words writing or written in these terms and conditions this includes email.

2. Our contract with you

a: This document sets out the terms and conditions that apply to the agreement for you buying your stairlift and us designing, manufacturing and installing it. It explains what you can expect from us. It also explains your responsibilities.

b: Before you submit your order, please read these terms and conditions carefully and make sure that you have answered all the questions as accurately as possible and that the details as summarised in the ‘What is included with your stairlift’ link on the order page are complete and accurate.

c: If once you have submitted your order you think there is a mistake in it or want to make any changes, please contact us using the details given at 1c above.

d: We will confirm any changes by letter or email to avoid any confusion.

e: We will email you to accept your order and at this point the agreement will come into existence between us.

f: We will give you a reference number in our email accepting your order. Please quote this number whenever you contact us.

g: If we are not able to accept your order we will tell you this by email and refund any deposit which you have paid.

h: Once we have accepted your order we will contact you to arrange to carry out a survey at your property to check the suitability of your property for the stairlift ordered and take all necessary measurements.

i: If when we carry out the survey we find that your property is not suitable for the stairlift ordered (for instance because the information you gave us in the order process was not accurate) we may: –

  • change the agreement with regard to the stairlift and/or services we are supplying and the price you are to pay to address the issue(s) identified by the survey; or
  • if we cannot reasonably make such changes, end the agreement with you in which case clause 16 below will apply.

If we need to take such steps we will tell you in writing.

If we change the agreement we will ask you to confirm in writing if you wish to:

  • agree the changes and proceed with agreement; or
  • end the agreement.

We will not proceed to perform the agreement until we have your instructions. If you choose to end the agreement clause 14b below will apply.

3. Necessary work

a: Preparation work

The preparation work that we have agreed to do is explained on the site and will be detailed in the order acceptance email.

At the survey or once we start work at your property, we may discover that further work, which we did not know about at the time of your order and which is not included in the price, is needed (this may include for instance electrical work as mentioned below, work to strengthen your staircase or make alterations to your water or gas supply). If this is the case we will tell you what additional work is needed and any associated increase in the price you are to pay. We will ask you to confirm if you wish to:

  • proceed on the basis that the agreement will be changed to include the additional work and any increased price;
  • where appropriate hire and pay for your own contractor to undertake the additional work or
  • end the agreement in which case clause 14b below will apply.

If you opt to hire and pay for your own contractor the work must meet any reasonable standards we specify, as well as all legal requirements that apply.

We may not be able to proceed with the installation until you have confirmed to us how you wish to proceed and where applicable your contractor has completed the additional work as required.

If you do not:

  • confirm that you wish to proceed on the basis that the agreement is changed to include the additional work and increased price; or
  • within a reasonable time hire your own contractor to undertake the work or they do not within a reasonable time undertake that work to meet any reasonable standards or legal requirements:
  • we may end the agreement with you in which case clause 16 below will apply.

The preparation work may mean that you have to do some redecorating, and possibly replace carpets in some areas if your staircase needs to be altered. You will be responsible for all costs associated with this, unless the redecorating or new carpet is needed because of our or our subcontractor’s negligence.

b: Electrical work

The price agreed during the order process is based on the assumption that the electrical wiring in your property meets current regulations. If our qualified electrician finds that the electrics are not in line with the NICEIC 18th Edition Regulations (or replacement regulations) we will not be able to install the stairlift unless additional work is undertaken to address this issue.

c: Handrails

Where you have identified that you have a handrail the removal of this will be included within your price but will not include remedial work (such as replastering and decorating). If you would like us to carry out any remedial work or fit the handrail somewhere else, we could arrange for one of our subcontractors to do this for an extra charge.

d: Asbestos

If, at our survey of your  property or while we are installing the stairlift, we discover or suspect that the work would disturb asbestos (which would prevent us from working safely), we will immediately suspend any installation work and explain the situation to you.

Where possible we will offer to hire a specialist contractor to investigate and, if appropriate, remove the asbestos but this will be at your cost.  If you would like us to do this, we will get a quotation so you can decide whether or not you want the contractor to do the work.

We will not continue installing the stairlift until we are satisfied that the issue has been investigated and if appropriate any asbestos found has been properly removed to allow us to work safely.

If you do not agree to us hiring a specialist contractor at your cost and do not hire a contractor yourself and have the required work done in a reasonable time either of us may end the agreement, see clauses 14b and 16.

If you have an appropriate asbestos report at your property, you must give us a copy of it before or at the time we carry out our survey of the property. If the area where asbestos is found or suspected is in a shared area, for example flats, the building manager must give us an asbestos report before or at our survey at the property.

4. Your stairlift

The pictures on our website and in our brochures are for guidance only. Although we have tried to display the colours accurately, we cannot guarantee that the colours in the pictures accurately reflect the colour of the actual stairlifts. Your stairlift may be slightly different from those pictures.

5. Making changes to your order

If you want to make a change to the stairlift or services you have ordered, contact us and we will let you know if the change is possible. If it is possible, we will tell you about any difference in the price, the estimated time we will be able to supply the stairlift within and any relevant details connected with the change. We will ask you to confirm whether or not you want to go ahead with the change.

If the change is not possible, or you do not accept the consequences of making the change, you may want to end the agreement, see clause 14 below.

6. Quoted times

a: Due to the nature of stairlifts and the amount of preparation work that might need to be carried out at your property, the times we give for supplying and installing the stairlift are estimates only. We will at all times try to complete your order as quickly as possible, and we will let you know as soon as possible if we become aware of any delay.

b: If you do not give us all the information we need to process your order (including your approval of any designs), or you do not let us in to install the stairlift or provide other services as arranged (and you do not have a good reason for this), we will not be responsible for any delay this causes and we may charge you any extra costs that arise as a result. If, despite our reasonable efforts, we cannot get the information or contact you to rearrange access to your property, we may end the agreement in which case clause 16 below will apply.

c: We are not responsible for delays that are beyond our control. If supplying the stairlift, any associated parts or any service is delayed by an event beyond our control, we will contact you as soon as possible to let you know and will take steps to reduce the effect of the delay. As long as we do this we will not be liable for delays caused by the event. However, if there is a risk of the delay being substantial, you can end the agreement in which case clause 14b below will apply.

d: We may have to delay supplying the stairlift in order to:

  • deal with any technical problems or make minor technical changes;
  • update the stairlift or any part to reflect changes in relevant laws and regulations; or
  • make changes which you have asked for.

If we need to delay supplying the stairlift we will contact you beforehand, unless the problem is urgent or an emergency.

e: We may also delay supplying the stairlift or services, or end the agreement, if you do not pay any amount due. If you do not pay us when you are supposed to (see clause 8 below), and you then do not make a payment within 14 days of us reminding you that your payment is overdue, we may delay supplying the products or our services until you have paid the amount you owe. We may also end the agreement, see clause 16 below. If we are going to delay the supply of products or services under this clause, we will tell you beforehand. We will not delay the products or services if you have not paid an invoice that you think is wrong, unless we have investigated the matter and see no reason why you should not pay it (see clause 9b) in which case we may delay the supply until you pay the invoice.

f: We only deliver and install stairlifts in England, Wales and Scotland excluding the Scottish Highlands and Islands.

7. When we install the stairlift

a: The main user of the stairlift should be at the property when we install the stairlift. If this is not possible, someone else must be able to sign the customer acceptance form on their behalf to show that we have demonstrated how to use the stairlift. That person will be responsible for making sure the user knows how to use the stairlift properly and safely.

b: You will be responsible for the stairlift and associated equipment from the time we confirm that the installation is complete.

c: You will own the stairlift and any associated equipment once we have received the full payment from you.

8. VAT, deposit and payments

a: The price for the product will be shown on the order summary page during the order process and in your order acceptance email subject to any subsequent changes in accordance with the agreement.

b: It is possible that despite our best efforts, some of the products we sell may be incorrectly priced. If we accept your order where the mistake is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the agreement and refund you any sums you have paid.

c: If you are entitled to VAT relief, we will ask you to fill in a VAT exemption form, usually at our survey visit. If you are not entitled to VAT relief, or you do not fill in a VAT exemption form VAT will be payable at the rate that applies at the time. If the rate of VAT changes between the date of your order and the date you are due to make any payment, we will adjust the rate of VAT that you pay to match the rate in force at the time.

d: You will need to pay a deposit of 10% of the total price when you place your order. You must then pay the remaining balance to our engineer on the date the stairlift is installed and a formal receipt will be emailed to you.

e: The deposit is an advance payment of the total price you must pay.

f: If, through no fault of ours, final adjustments to the stairlift cannot be made when the installation is otherwise complete, you must still pay in full. We will make the final adjustments within 10 working days of the reason for the delay ending (such as parts becoming available or preparation work you were required to arrange being completed) or you giving us access to your property, whichever is later.

9. Late payment

a: If you do not pay on time, we can charge interest (at the Bank of England base rate at the time plus 2.5%) on the amount you owe (including VAT) from the date the payment was due until we actually receive it.

b: If you think an invoice is wrong, contact us as soon as possible to let us know and we will not charge you interest until we have settled the matter.

10. Your legal rights

a: The legal right to change your mind

For most products bought online you have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts (Information, Cancellation and Additional Charges Regulations 2013). However this does not apply to our stairlifts as they are tailor-made.

In respect of services, the legal right to change your mind applies for 14 days from acceptance of your order. However where you have asked us to provide the services during the usual cancellation period if you cancel after we have started the services you must pay us for services provided (such as design work, manufacture, preparation work and installation) up until the time you tell us you have changed your mind and the legal right to change your mind will end once the services have been completed.

b: Your rights if something is wrong with the stairlift or our services

We are under a legal duty to supply the stairlift and associated equipment in line with the agreement.

See below for a summary of your key legal rights.

Nothing in these terms and conditions will affect your legal rights.

This is a summary of some of your key legal rights, although there are certain exceptions.

For more detailed information, visit the Citizens Advice website at www.citizensadvice.org.uk, or you can contact your local trading standards office.

Concerning your stairlift and any associated parts, the Consumer Rights Act 2015 says that they must be as described, fit for use and of satisfactory quality. During the expected life of your stairlift, you have the following legal rights.

  • If, the stairlift is faulty you can get a refund within the first 30 days of installation.
  • If your stairlift is faulty and can’t be repaired or replaced within the first 6 months of installation, you would normally be entitled to a full refund.
  • If the stairlift does not last a reasonable length of time you may be entitled to a repair or replacement. If that is not possible, you may get some of your money back.

Concerning our services (for example, installing the stairlift), the Consumer Rights Act 2015 gives you the following rights.

  • You can ask us to repeat or correct a service if it has not been carried out with reasonable care and skill or get some money back if we can’t do this.
  • If you haven’t agreed a price upfront for a service, what we ask you to pay must be reasonable.
  • If you and we haven’t agreed timescales upfront, a service must be provided within a reasonable time.

c: Our responsibility for loss or damage suffered by you

If we do not comply with the agreement or meet any of your legal rights, we will be responsible for any loss or damage that you suffer that could have been reasonably expected as a result of us breaking the agreement or failing to meet your legal rights. Loss or damage could have been reasonably expected if:

  • it was obvious that it would happen; or
  • at the time of ordering, both we and you knew it might happen.

We will not be responsible for any alterations that you or somebody acting for you makes to the stairlift without our written permission. Any alteration may not meet safety rule EN 81:40 for powered stairlifts. If so, our maintenance and repair package will end, and the user may be at risk of injury. We will not be responsible for any loss, damage or injury caused by alterations we have not agreed to in writing.

We do not rule out or limit in any way our liability to you if the law says that we cannot do so. This includes liability for:

  • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  • fraud or fraudulently describing the goods or services;
  • breaking your legal rights relating to the goods or services including your right to receive products which are:
    • as described;
    • match the information we provided to you;
    • are the same as any sample or model we showed you;
    • are of satisfactory quality;
    • are fit for any particular purpose we know you want the stairlift for;
    • are supplied with reasonable skill and care and correctly installed; and
    • are not faulty.

If we are providing services in your property, we will repair any damage we cause while doing so if that damage results from our or our subcontractor’s negligence. However, after the preparation work/installation (or where applicable us uninstalling the stairlift) you may need to redecorate or replace the carpet in some areas if alterations need to be made to your staircase. We will not be responsible for the cost of this work unless it is due to our or our subcontractor’s negligence. We are not responsible for fixing any faults or damage that existed before we installed the stairlift.

We are not liable for any business losses. We only supply the stairlift and services under this agreement for domestic and private use. If you use the stairlift for any business purpose or sell it on, we will not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

11. Maintenance and repair

In addition to your legal rights, see clause 10, we include a two year maintenance and repair package, details of which will be made available to you during the order process and confirmed to you in writing following installation.

12. Our 14 day money back satisfaction guarantee

a: In addition to your legal rights (see clause 10) and the maintenance and repair package (see clause 11) we offer a 14 day money back satisfaction guarantee explained below.

b: If you are not entirely satisfied with the quality or performance of the stairlift please tell us within 14 calendar days of the stairlift being installed. We will then send a representative to visit you to try and resolve any issues or concerns you have. If you are still not satisfied, we will arrange to uninstall the stairlift and give you a full refund within 14 days of this visit unless paragraph d below applies.

c: This clause only applies if you are not satisfied with the product, not if the stairlift is no longer needed (including after a death or a significant change in health).

d: If when you request a refund under the money back satisfaction guarantee the stairlift is not in the same condition it was when it was installed we may deduct from your refund a reasonable amount to reflect any loss in the value of the stairlift.

e: If we uninstall the stairlift under this clause 12, we will not be liable for any redecorating, reinstatement or alteration needed after we remove the stairlift, except where the redecorating or alteration is needed as a result of our or our subcontractor’s negligence.

13. On–hold procedure

You can put your order on hold (before we have started installing it) for up to six months. After this time, we will end the agreement if you do not want to go ahead and have the stairlift fitted. If we end the agreement after six months but have already done some work on your order we may take the cost of that work from any refund we provide. To place your order on hold, phone us on 01264 364311 and then confirm the delay in writing (our address is in clause 1c).

14. Your rights to end the agreement

a: You can always end the agreement

Your rights when you end the agreement will depend on what you have bought, whether there is anything wrong with it, our performance and when you decide to end the agreement.

In some circumstances, such as if the stairlift you bought is faulty, you may have a legal right to end the agreement (or to have the product repaired or replaced, or a service repeated, or to get some or all of your money back) see clause 10.

If you want to end the agreement because of something we have done or have told you we are going to do, see clause 14b.

In all other cases (if we are not at fault and there is no right to change your mind), see clause 14c.

b: Ending the agreement because of something we have done or are going to do

If you are ending the agreement because:

  • you do not accept a change we are going to make to the stairlift or services we are to supply, the price you are to pay, your obligations under the agreement or these terms (see clauses 2 and 3 above);
  • we have told you about a mistake in the price or
  • description of the stairlift or services you have ordered and you do not want to proceed;
  • there is a risk that there may be a significant delay in us supplying the products because of events outside our control including where we have to delay for the reasons given in clause 6d; or
  • you have a legal right to end the agreement because of something we have done wrong;

the agreement will end immediately and we will give you a full refund for any goods or services which we have not provided. You may also be entitled to compensation in some cases.

c: Ending the agreement when we are not at fault and you do not have the legal right to change your mind

Even if we are not at fault and you do not have a legal right to change your mind, you can still end the agreement before the stairlift has been installed.

However, you may have to pay us compensation. Once you have let us know, the agreement will end immediately and we will refund any amount you have paid for goods or services we have not provided. We may take deductions from that refund (or charge you an appropriate amount) as reasonable compensation for the costs that will arise as a result of you ending the agreement. These costs may include design work, preparation work at your property and any items or parts we have specially made.

15. How to end the agreement with us

a: To end the agreement with us, please let us know by doing one of the following.

  • Phoning us on 01264 364311 (we will ask you to confirm your request in writing)
  • Sending an email to stairliftorders@stannah.co.uk
  • Writing to us at: Stannah Lift Services Ltd Watt Close East Portway Andover Hampshire SP10 3SD
  • Completing the cancellation form here and returning it to the email or postal address on the form.

When you contact us, give us your name, your home address, details of the order (including details of your stairlift and when you ordered or received it) and your phone number and email address.

b: If you end the agreement for any reason after we have delivered the stairlift or any parts to you or have begun or completed installation you must let us collect (and where appropriate uninstall) them.

To arrange the collection, please call us on 01264 364311 or send an email to stairliftorders@stannah.co.uk.

c: We will pay the cost of uninstalling and collecting the stairlift if:

  • you do not accept a change we are going to make to the stairlift or services we are to supply, the price you are to pay, your obligations under the agreement or these terms (see clauses 2 and 3 above;
  • we have told you about a mistake in the price or description of the stairlift you have ordered;
  • there is a risk that there may be a significant delay in us supplying the products because of events outside our control including where we have to delay for the reasons given in clause 6d;
  • you have a legal right to end the agreement because of something we have done wrong; or
  • if you are exercising your rights under our money back satisfaction guarantee, see clause 12.

d: In all other circumstances (including where you have changed your mind), we can charge you the reasonable costs of uninstalling and collecting the products.

e: If you are responsible for paying the uninstallation and collection costs, we will only charge you the direct cost to us of uninstallation and collection.

f: We will not be responsible for any reinstatement, redecorating or alteration needed after we cease to provide the services or uninstall the stairlift except where such is needed as a result of our or our subcontractor’s negligence.

16. Our rights to end the agreement

a: We may end the agreement at any time, by writing to you, if any of the following applies.

  • You do not make any payment to us when it is due, and you still do not make the payment within 14 days of us reminding you to do so.
  • You do not give us information that we need in order to provide the stairlift or services within a reasonable time.
  • You do not allow us to deliver the stairlift to you within a reasonable time.
  • You do not give us access to your property, to carry out our survey or supply the services, within a reasonable time.
  • You do not agree to change the agreement to include any additional work that is needed for us to install your stairlift and any associated increased price or where you agree to engage your own contractor to do any additional work this is not completed within a reasonable time to any reasonable standards or legal requirements.
  • We cannot make the parts, or provide services, to meet your needs.

b: If we end the agreement in the situations set out in clause 16a above, we will refund any money you have paid upfront for goods or services we have not provided, but we may deduct or charge you reasonable compensation for the costs we will face as a result of you breaking the agreement.

c: We may write to you to let you know that we are going to stop providing a product. If this happens, we will let you know as soon as possible and will refund any amounts you have paid upfront for products (including services) that we will not provide.

17. Removal and recycling

a: Removing the stairlift

When you no longer need your stairlift we can remove it for you and dispose of it responsibly in line with environmental standards. We will charge a reasonable amount for this removal service.

b: Recycling

If your stairlift is less than three years old, is in good condition and has been regularly serviced by us, we may be able to buy back the stairlift for a small payment. Due to the costs associated with removing, reconditioning, storing, testing and redistributing the stairlift, we would only be able to offer payments of around 5% to 10% of the price you paid for the stairlift. For full details, phone us on 01264 364311 and ask for our Removals Team. Please note that we do not repurchase stairlifts that were “used” at point of sale, although we may be able to remove it for you for a small charge.

18. Governing law and disputes

These terms and conditions are governed by the laws of England and Wales, and any dispute arising out of or in relation to the agreement between you and us may be brought to an English or Welsh court. If you live in Scotland, you may bring legal proceedings in the Scottish courts if you prefer to do so.

19. Data protection

We will use your personal information as set out in our Privacy Policy

20. General

a: We may transfer our rights and responsibilities under the agreement to another person or organisation. We will always tell you in writing if we are doing this, and we will make sure that the transfer will not affect your rights under the agreement.

b: You need our permission to transfer your rights to someone else. You can only transfer your rights or obligations under the agreement to another person if we agree to this in writing. If you are purchasing the stairlift on behalf of someone else and we are to install at their property please let us know, we will not unreasonably refuse to a transfer of rights in this circumstance. We may refuse if the transfer would mean that work had to be carried out to the stairlift, including removing it from where we installed it, or if we have good reason to believe that the stairlift is not appropriate for the person you want to transfer the agreement to. The person you want to transfer your rights and responsibilities to may need to provide reasonable evidence that they now own the stairlift (for example, a letter signed by you to confirm this).

c: Nobody else has any rights under the agreement. The agreement is between you and us. No other person will have any rights to enforce any of these terms and conditions, except where you have transferred your rights and obligations with our permission (see clause 20b above).

d: Each of these terms and conditions operates separately. If any court or other relevant authority decides that a clause or part of a clause is unlawful or cannot be enforced, the other clauses and part of the clause will still apply.

e: If we delay in enforcing any of these terms and conditions, we can still enforce them at a later date. If we do not insist immediately that you do anything you must do under these terms, or if we delay in taking steps against you for you breaking these terms and conditions, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the stairlift and associated services, we can still demand the payment at a later date.

21. Complaints procedure

a: We are committed to providing a high standard of service. If you ever feel that you need to make a complaint, you can do so by phoning the customer service staff at either your local service office or our head office, or by writing to the address given in clause 1c. If you are not satisfied with how we have handled your complaint, write to the Managing Director at Stannah Lift Services Limited, Watt Close, Andover, SP10 3SD, or phone 01264 364311.

b: If, after following the procedure set out in clause 21a above, we still cannot settle your complaint with you, you should write to the British Healthcare Trades Association, giving as much information about your case as possible. You can get the British Healthcare Trades Association’s contact details from their website at www.bhta.com. The British Healthcare Trades Association will ask us for a report and will then make a recommendation based on all the information they have.

c: ’Alternative dispute resolution’ is a process where an independent organisation considers the facts of a dispute and tries to settle it without you having to go to court. If you are not happy with how we have handled any complaint, you can contact the alternative dispute resolution provider we use – TrustMark – through their website at www.trustmark.org.uk.

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