TERMS AND CONDITIONS OF TRADING

Browns Carpets, Furnishers and Independent Living Centre

CONDITIONS OF USE Welcome to our online store! Browns Carpets, Furnishers and Independent Living Centre and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions.  

Please read them carefully. PRIVACY, please review our Privacy Notice, which also governs your visit to our website, to understand our practices.  

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ELECTRONIC COMMUNICATIONS When you visit Browns Carpets, Furnishers and Independent Living Centre or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  

COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Browns Carpets, Furnishers and Independent Living Centre or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Browns Carpets, Furnishers and Independent Living Centre, with copyright authorship for this collection by Browns Carpets, Furnishers and Independent Living Centre and protected by international copyright laws. 

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TRADEMARKS Browns Carpets, Furnishers and Independent Living Centre trademarks not be used in connection with any product or service that is not Browns Carpets, Furnishers and Independent Living Centre, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Browns Carpets, Furnishers and Independent Living Centre. All other trademarks not owned by Browns Carpets, Furnishers and Independent Living Centre or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Browns Carpets, Furnishers and Independent Living Centre or its subsidiaries. 

LICENSE AND SITE ACCESS Browns Carpets, Furnishers and Independent Living Centre grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Browns Carpets, Furnishers and Independent Living Centre. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Browns Carpets, Furnishers and Independent Living Centre. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Browns Carpets, Furnishers and Independent Living Centre and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Browns Carpets, Furnishers and Independent Living Centre name or trademarks without the express written consent of Browns Carpets, Furnishers and Independent Living Centre. Any unauthorized use terminates the permission or license granted by Browns Carpets, Furnishers and Independent Living Centre. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Browns Carpets, Furnishers and Independent Living Centre so long as the link does not portray Browns Carpets, Furnishers and Independent Living Centre, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Browns Carpets, Furnishers and Independent Living Centre logo or other proprietary graphic or trademark as part of the link without express written permission. 

YOUR MEMBERSHIP ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Browns Carpets, Furnishers and Independent Living Centre and its associates reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion.  

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REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Browns Carpets, Furnishers and Independent Living Centre reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Browns Carpets, Furnishers and Independent Living Centre and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Browns Carpets, Furnishers and Independent Living Centre and its associates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Browns Carpets, Furnishers and Independent Living Centre or its associates for all claims resulting from content you supply. Browns Carpets, Furnishers and Independent Living Centre has the right but not the obligation to monitor and edit or remove any activity or content. Browns Carpets, Furnishers and Independent Living Centre responsibility and assumes no liability for any content posted by you or any third party.  

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Terms of Payment 

1. Subject to any special terms agreed in Writing between the Buyer and the Seller: – 

1. the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after the delivery of the Goods in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods and 

1. the Buyer shall pay the price of the Goods without any set-off or other deduction Due on receipt of the date of the Seller’s invoice, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. 

1. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request. 

1. If the Buyer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: 

1. cancel the Contract or suspend any further deliveries to the Buyer. 

1. appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (not withstanding any appropriations by the Buyer); 

2. For nonstandard or made to order products these goods will be made to the Buyer’s order and payment may be required with the Buyer’s order. Such orders are taken on a strictly non-cancellable, non-returnable and non-refundable basis. 

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Delivery 

1. Unless otherwise agreed in Writing by the Buyer and the Seller delivery of Goods shall be made by the Seller delivering the Goods to the Delivery Address. 

1. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer. 

2. If the Buyer contracts to purchase the entire stock of the Goods, any quantities quoted on the Buyer’s order shall be approximations only and for the purpose of the Contract the Seller shall be deemed to have delivered and the Buyer shall be deemed to have received the entire stock of such particular type of goods notwithstanding that the quantity actually delivered may differ from that so quoted. 

3. Where the Goods are to be delivered in instalments, such delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole, as disputed. 

1. If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods. 

1. If the Buyer fails to take delivery until actual delivery of the Goods or fails to give the Seller a specific delivery date or fails to give adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to the Seller, the Seller may. 

1. store the Goods until actual delivery and charge the Buyer for the reasonable costs incurred (including with limitation storage and insurance); or 

1. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the Buyer for any shortfall below the price under the Contract. 

RISK OF LOSS All items purchased from Browns Carpets, Furnishers and Independent Living Centre are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.  

PRODUCT DESCRIPTIONS Browns Carpets, Furnishers and Independent Living Centre and its associates attempt to be as accurate as possible. However, Browns Carpets, Furnishers and Independent Living Centre does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Browns Carpets, Furnishers and Independent Living Centre itself is not as described, your sole remedy is to return it in unused condition.  

ORDERS AND SPECIFICATIONS 

1. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative or (if earlier) the Seller delivers the Goods to the Buyer. 

1. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any accessory information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. 

1. The quantity and description of and any specification for the Goods shall be those set out in the Seller’s quotation. 

1. If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer. The Buyer shall indemnify the Seller against all loss, damages, costs, and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim of infringement of any patent copyright, design, trademark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification. 

1. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance. 

WARRANTIES AND LIABILITIES 

1. Subject to the conditions set out below the seller warrants that the Goods will correspond with their specification and will be free from defects in material and workmanship at the time of delivery. 

1. Without prejudice to the generality of the foregoing the above warranty is given by the Seller subject to the following conditions: 

1. the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer or where the defect arises, because the Buyer fails to store the goods correctly or because the Buyer alters or repairs the Goods without the written consent of the Seller or where the Goods have been misused. 

1. the Seller shall be under no liability under the above warranty (to any other warranty, condition, or guarantee) if the total price for the Goods has not been paid by the due date for payment. 

1. Subject as expressly provided in the Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute, or Common law are excluded to the fullest extent permitted by law. 

1. Where the Goods are sold under a consumer transaction as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Buyer are not affected by these Conditions. 

1. Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 3 days from the date of delivery. The Buyer shall at the same time and at its expense send a sample of the Goods which are alleged to be defective to the Seller for examination. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods has been delivered in accordance with the Contract. 

1. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be given a reasonable opportunity to examine the Goods and, if it agrees that the Goods are defective, the Seller shall be entitled, at its option, to replace the Goods (or refund to the Buyer the price of the goods or a proportionate part of the price), but the Seller shall have no further liability to the Buyer. 

1. No arrangement to refund the Buyer the price of the goods or a proportionate part of the price shall be binding on the Seller unless agreed in Writing by the director of the Seller. 

1. Notwithstanding any other clause of the Conditions, the Seller shall not be obliged to make any refund to the Buyer where the Goods have been destroyed by the Buyer or the Buyer has marked or damaged the Goods in any way. 

1. Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depiction of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions. 

1. The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control. 

1. act of God, explosion, flood, tempest, fire or accident. 

1. war or threat of war, sabotage, insurrection, civil disturbance or requisition. 

1. acts, restrictions, regulations, byelaws, prohibition or measures of any kind on the part of any government, parliamentary or local authority. 

1. import or export regulations or embargoes. 

1. strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party). 

1. difficulties in obtaining raw materials, labour, fuel, parts or machinery. 

1. power failure or breakdown in machinery. 

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PRODUCT RETURNS 

Unless the Seller is in error, when a full credit will be given for the return of re-saleable Products, products may only be returned with the prior approval of the Seller, and then subject to the following handling charges 10% Re-Stocking fee applies. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Browns Carpets, Furnishers and Independent Living Centre ON AN “AS IS” AND “AS AVAILABLE” BASIS. Browns Carpets, Furnishers and Independent Living Centre MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Browns Carpets, Furnishers and Independent Living Centre DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYCOMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Browns Carpets, Furnishers and Independent Living Centre ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYCOMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE LAW By visiting Browns Carpets, Furnishers and Independent Living Centre, you agree that the UK LAWS of ENGLAND, SCOTLAND, WALES, and NORTHERN IRELAND without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Browns Carpets, Furnishers and Independent Living Centre or its associates.  

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SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Browns Carpets, Furnishers and Independent Living Centre. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.  

QUESTIONS: Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us at: steve@custommobilityathome.com 

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Registered Office 
Custom Mobility @ Home Ltd
3.11 Hollinwood Business Centre,

Albert Street,

Hollinwood,

England

OL8 3QL 

Contact Us: 07587238889 

Company No: 13280344 

VAT Registration No: 380 883761