Terms and conditions for sale of stairlifts (purchased online)
Terms and Conditions
These terms apply when you buy a stairlift direct from Stannah Lift Services Ltd online through our website for use in a domestic property. They explain what you can expect from us and your responsibilities.
These terms do not apply to products you buy through third parties or a grant scheme.
These terms do not apply to stairlifts purchased during an in-home visit or over the telephone following our in-home visit.
Pay particular attention to clause 12, which sets out your legal rights.
1. Parties to the agreement
A These terms form part of a legal agreement (the agreement) between:
us, Stannah Lift Services Ltd (registered in England and Wales, company number 1189799, registered office at Watt Close, East Portway, Andover, Hampshire, SP10 3SD, VAT number 236 7783 28); and
you, the person placing the order from us.
B You can contact us by:
Telephone on 0800 715 191
Email at webenquiries@stannah.co.uk
Letter addressed to Stannah Lift Services Ltd, Watt Close, East Portway, Andover, Hampshire, SP10 3SD
C If we need to contact you, we will use the phone number, email or address you gave us in your order.
D You can find everything you need to know about us and our products on our website, in our catalogue or from our sales staff before you order.
E We confirm important information in writing after you order, either by email, in your online account or on paper.
F When we use the words writing or written it includes email.
2. Our contract with you
Placing an order and entering into the agreement
A Before you submit your order, please read these terms carefully.
B If, once you have submitted your order, you think there is a mistake or want to make changes, please contact us using the details given in clause 1.B. We will confirm any changes by letter or email to ensure everything is clear.
C We will contact you again to confirm we've accepted it. We will email you to accept your order and at this point the agreement between us will come into existence.
D We will give you a reference number in our email accepting your order. Please quote this number whenever you contact us.
E If we are not able to accept your order, we will tell you this by email and refund any deposit which you have paid.
F You will need to pay a deposit when you place your order as set out in clause 3.E and your order summary.
Conducting a home survey
G 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.
H 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 was incorrect), we may:
(1) change the agreement with regard to the stairlift or services we are supplying and the price you are to pay to address the issue(s) identified by the survey; or
(2) if we cannot reasonably make such changes, end the agreement with you in which case clause 16 will apply.
If we need to take such steps, we will tell you in writing.
I If we change the agreement, we will ask you to confirm in writing if you wish to:
(1) agree the changes and proceed with agreement; or
(2) end the agreement.
J We will not proceed to perform the agreement until we have your instructions. If you choose to end the agreement clause 11.C will apply.
3. Our products, pricing and payment
Products
A The pictures on our website and in our brochures are for guidance only. We cannot guarantee that the colours within these pictures accurately reflect the colour of the actual stairlifts.
B We can always make changes to a product to reflect changes in relevant laws and regulatory requirements.
Pricing
C 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.
D 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.
Deposit
E You will need to pay a deposit when you place your order. The deposit is an advance payment of the total price you must pay and will be detailed on the order summary page during the order process. The remaining will be due no later than the date the stairlift is installed.
4. VAT
A The prices stated in your order summary exclude VAT.
B 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.
C If you are not entitled to VAT relief, or you do not fill in a VAT exemption form, we will add VAT to the quotation at the rate that applies at the date of the applicable payment. If the rate of VAT changes between your order date and the date we supply the product, we may adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
5. Necessary work before installation
Preparation work
A The preparation work that we have agreed to do is explained on the site and will be detailed in the order acceptance email.
B 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:
(1) proceed on the basis that the agreement will be changed to include the additional work and any increased price;
(2) where appropriate hire and pay for your own contractor to undertake the additional work or
(3) end the agreement in which case clause 10.C will apply.
C 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.
D 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.
E If you do not:
(1) confirm that you wish to proceed on the basis that the agreement is changed to include the additional work and increased price; or
(2) 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 will apply.
F 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.
Electrical work
G 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 these, we will not be able to install the stairlift unless additional work is undertaken to address this issue, and the provisions of clauses 5.B to 5.F shall apply.
Handrails
H 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.
Asbestos
I 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.
J 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 and supply you with a quotation so you can decide whether or not you want the contractor to do the work.
K 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.
L 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 10.C and 16.
M 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.
6. Quoted times for supply and installation
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 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 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 10.C will apply.
D We may have to delay supplying the stairlift in order to:
(1) deal with any technical problems or make minor technical changes;
(2) update the stairlift or any part to reflect changes in relevant laws and regulations; or
(3) make changes which you have asked for.
If we need to delay supplying the stairlift, we will contact you beforehand.
E We may also delay supplying the stairlift or services, or end the agreement, if you do not pay any amount due do not pay us when you are supposed to (see clause 16.A), and you then do not make a payment within 14 days of us reminding you that your payment is overdue. In this situation, we may delay supplying the products or our services until you have paid the amount you owe and we may also end the agreement, see clause 16. If we are going to delay the supply of products or services under this clause 6.E, 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 9.B) 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. See full list of areas here.
7. Installing your stairlift
In the case of a stairlift, 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.
8. Responsibility and Ownership
A You will be responsible for the stairlift and associated equipment from the time we confirm that the installation is complete.
B You will own the stairlift and any associated equipment once we have received the full payment from you.
C 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 rate of 2.5% a year above the Bank of England base rate from time to time) 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 rights to end the agreement
Your rights when you end the agreement will depend on what you have purchased, whether there is anything wrong with it, our performance and when you decide to end the agreement. These rights do not affect your legal rights. Where we make a refund, we will endeavour to issue that refund within 14 days.
A. Right to cancel an order (before installation of the stairlift)
(1) You can cancel an order before we have installed the stairlift. Once you let us know that you wish to cancel the order, the agreement will end immediately, and we will refund any amount you have paid for the stairlift.
(2) Please note that we may deduct from that refund (or charge you an appropriate amount for) the cost of any preparation that we have made at the property.
B Our 14 day money-back guarantee (after the installation of the stairlift)
We offer a 14 day money-back guarantee after installing the stairlift if you are not entirely satisfied or no longer need it. You will receive a full refund on the following conditions:
(1) you call us within 14 days of the stairlift being installed and tell us that you would like to take advantage of our 14 day money-back guarantee;
(2) we can confirm that the stairlift is in the same condition it was in when it was installed by sending a representative to the property; and
(3) we are allowed to uninstall and remove the stairlift.
If the stairlift is not in the same condition it was when we installed it, we may deduct a reasonable amount to reflect any loss in the value of the stairlift.
C Ending the agreement because of something we have done or are going to do
You are entitled to end the agreement in the following cases:
(1) If you do not accept a change we need to make to the stairlift or services we supply, the price you are to pay, your obligations under the agreement or these terms (see clauses 3 and 5);
(2) If we have told you about a mistake in the price (see clause 3.D);
(3) If 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 6.D; or
(4) If you have a legal right to end the agreement because of something we have done wrong.
Once you let us know that you wish to end the agreement for a reason listed above, 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.
11. How to end the agreement with us
A To end the agreement with us, please let us know by doing one of the following.
(1) Phoning us on 01264 364311 (we will ask you to confirm your request in writing)
(2) Sending an email to: stairliftorders@stannah.co.uk
(3) Writing to us at: Stannah Lift Services Ltd Watt Close East Portway Andover Hampshire SP10 3SD
(4) 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.
A 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.
B We will pay the cost of uninstalling and collecting the stairlift if:
(1) 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 3 and 5);
(2) we have told you about a mistake in the price or description of the stairlift you have ordered;
(3) 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 6.D;
(4) you have a legal right to end the agreement because of something we have done wrong; or
(5) if you are exercising your rights under our 14-day money-back guarantee, see clause 10.B.
C 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.
D 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.
12. Your rights if something is wrong with the stairlift or our services
A We are under a legal duty to supply the stairlift and associated equipment that are as described to you on our website, or in our catalogue or showroom and that meet all the requirements imposed by law. If you think there is something wrong with your product, you must contact our Customer Service Team by:
(1) Phoning us on 01264 364311 (we will ask you to confirm your request in writing).
(2) Sending an email to: stairliftorders@stannah.co.uk
(3) Writing to us at: Stannah Lift Services Ltd Watt Close East Portway Andover Hampshire SP10 3SD
NOTHING IN THESE TERMS AND CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS.
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SUMMARY 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 • If the stairlift can be expected to last up to six years, and it is faulty within the six 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 • If you haven’t agreed a price upfront for a service, what we ask you to pay must be • If you and we haven’t agreed timescales upfront, a service must be provided within |
13. Maintenance and repair
A In addition to your legal rights (see clause 12), we provide:
(1) a two-year maintenance and repair package for new stairlifts; or
(2) a one-year maintenance and repair package for reconditioned stairlifts.
B Details of the maintenance and repair package will be made available to you during the order process and confirmed to you in writing following installation.
14. Our responsibility for loss or damage suffered by you
A We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
(1) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
(2) Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
1. Our responsibility for loss or damage suffered by you
A We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
(1) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
(2) Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
(3) Avoidable. Something you could have avoided by taking reasonable action;
(4) A business loss. 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.
B 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 legal safety requirements for powered stairlifts. If so, our maintenance and repair package will end, and the user may be at risk of injury. Subject to clause 14.C, we will not be responsible for any loss, damage or injury caused by alterations we have not agreed to in writing.
C 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:
(1) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(2) fraud or fraudulently describing the goods or services;
(3) 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.
D 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.
15. 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 1.B).
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:
(1) 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.
(2) You do not give us information that we need in order to provide the stairlift or services within a reasonable time.
(3) You do not allow us to deliver the stairlift to you within a reasonable time.
(4) You do not give us access to your property, to carry out our survey or supply the services, within a reasonable time.
(5) 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 and legal requirements.
(6) 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 16.A, 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 have incurred 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 buyback
Removal
A When you no longer need your Stannah stairlift, please contact us on 01264 364311 and ask for our Removals Team. As part of our commitment to sustainability, we may recycle and reuse all or part of the stairlift, or dispose of it responsibly in line with environmental standards.
B If we remove the stairlift under this clause 17, we will not refund or pay you for the stairlift or 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.
Buyback
C If you purchased a new stairlift from us, we may be able to buy it back from you for a small payment, subject to the following conditions:
(1) The stairlift was new when purchased and not reconditioned
(2) It is less than 2 years old
(3) It has been regularly serviced by Stannah and is in good working order and condition
Please contact us on 01264 364311 and ask for our Removals Team.
18. Data protection
We will use your personal information as set out in our Privacy Statement.
19. General
A We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
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 19.B).
D If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
E Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
20. Governing law and disputes
These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
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 1.B. If you are not satisfied with how we have handled your complaint, write to the Managing Director at Stannah Lift Services Limited, Watt Close, East Portway, Andover, Hampshire, SP10 3SD, or phone 01264 364311.
B If, after following the procedure set out in clause 21.A, 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.
’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.
