MOBOA LTD.terms and conditions of sale ( December 2019)
Please read these conditions carefully before ordering any goods from MOBOA LTD.
You agree to be bound by these conditions upon ordering any goods.
1.1 the following definitions apply to these conditions: “business” means any customer (typically an educational establishment) other than a consumer; “conditions” these terms and conditions, together with, if you are a reseller, the MOBOA terms and Conditions for resellers; “consumer” means you are purchasing as an individual and not on behalf of a business, acting for purposes wholly or mainly outside your trade, business, craft or profession; “goods” means the products or services we are selling to you as set out in the order; “order” means your order for the goods; “site” means www.moboa.co.uk; “MOBOA” or “our” or “us “or “we” means trading by MOBOA LTD “you” means the person, company, organisation or other entity entering into the order for the goods.
1.2 written / writing includes email.
2. Basis of sale
These conditions will apply to any order for goods placed by you and to the contract between Us for the sale of such goods to you.
3. Formation of order and acceptance
3.1 you may place an order:
3.1.1 if it is made on an official MOBOA order form; or online through the ordering process on the site OR in such form of written memorandum as you and MOBOA may find acceptable. Once you have submitted your request for a quotation, MOBOA’ customer services team will calculate the Costs of carriage. We will either email or telephone you to confirm the revised price. Upon your acceptance either via email or over the telephone.
3.2 after you place the order, you should receive an email from us acknowledging that we have received the order.
3.3 we may refuse the order for any reason at our sole discretion.
3.4 please note that certain goods and promotions are only available in mainland United kingdom And, as such, may be unavailable in the region or country from which you are accessing the Site and/or published materials.
4. Description of goods
4.1 any samples, drawings, descriptions or illustrations contained in our published materials (including on the site), are issued or published solely to provide you with an approximate idea Of the goods they describe. In essence, they do not form part of the contract between you and us for the sale of the goods and are subject to correction without any liability on the part of MOBOA. We may make minor changes, which do not materially affect the performance of the goods, to the specification of the goods at any time and without notice.
4.2 the images of the goods shown in the electronic or printed catalogue are for Illustrative Purposes only. Variations in the colour due to photography, publishing or your computer’s Display can occur.
5. Title retention
5.1 title in the goods shall not pass to you until both: (i) payment is received by us for the goods; And (ii) no other amounts are outstanding from you to us in respect of any other goods supplied By us to you.
6. Price and payment
6.1 all prices are quoted in pounds sterling unless otherwise agreed in writing, and are:
6.1.1 inc. of vat or applicable tax, which will be added to the total amount due;
6.1.2 for deliveries in the UK (excluding the highlands, islands and Northern Ireland) only, Inclusive of standard delivery charges. You may opt for our next day delivery service Which may incur additional charges.
6.1.3 for international destinations, exclusive of delivery charges (including but not limited to the carriage, freight and insurance). We may invoice you for delivery charges on a separate Invoice to the goods..
6.2 eligible bodies such as registered charities/special school may be subject to vat exemption on goods. Written vat exemption declaration must be submitted at the time of order to qualify for vat Exemption.
6.3 payment for all goods, or certain other sums which become payable under clause 6.1, must be made in advance by credit or debit card (the UK only), Bacs.
6.4 if you have credit terms with us, we may invoice you for the goods on or around the date we Have despatched the goods to you. You must pay the invoice in cleared monies within fourteen (7) calendar days of the date of the invoice.
6.5 if you do not make any payment due to us by the due date for payment (as set out in clauses 6.3 and 6.4), we may charge interest and Compensation to you on the overdue amount at the rate specified in the late payment of commercial debts (interest) act 1998.
6.6 without limiting any other remedies or rights that we may have, if you do not pay us on time, We may cancel or suspend any order (both the one to which the payment relate(s) and any Other order) until you have paid the outstanding amounts.
7.1 We hold a large stock of products. If the product you request is in stock it will be dispatched within 48 hours. However big items we sell are handmade to order so the dispatch date will be 4-5 weeks depending on the size and specifications of your order. Please contact email@example.com for more info.
7.2 dates for delivery of the goods are estimates only and are subject to our availability schedule.
7.3 we will deliver the goods to the designated address in the order, or such other address as we Both agree.
7.4 if we are unable to deliver the whole of the order at one time due to, we may deliver the order in instalments. There will be no additional delivery cost for this.
7.5 under regulations governing United Kingdom trade and by virtue of our agreements with Suppliers, we require to be pre-notified of shipments outside the United Kingdom. You are required to obtain all necessary licences at the time you place the order. Delivery of goods is subject to all such authorisations being available at the time of delivery. Please Contact Us if you require a quote for delivery on firstname.lastname@example.org.
8. Order amendments
MOBOA LTD may, at its sole discretion, accept or reject any requests for amendments to orders prior To despatch.
9. Cancellation and returns
9.1 if you are a consumer, you have a legal right to cancel the order and request the return of the Goods under the consumer contracts (information, cancellation and additional charges) Regulations 2013 up to seven (7) working days after the day on which you receive the goods. This Means you can notify us of your decision to cancel The order (on email@example.com and receive a refund. For the price you have paid for the goods, together with the original delivery charges (if Applicable). This cancellation right does not apply in the case of non-returnable goods as set Out in clause 9.6 below.
9.2 if you cancel the order in accordance with clause 9.1, All goods must be unused and in their original boxes and packaging, including any manuals, software or accessories supplied with the goods. You should send the Goods back by following the instructions given to you no later than seven (7) days from the day on which you communicated your cancellation to us.
9.3 clauses 9.1, 9.2 above do not apply to our resellers or our international customers (outside UK). Instead, you may cancel the order before despatch of the goods. We shall be entitled to charge You a cancellation and restocking fee of up to, but not greater than, the total order value, which We shall confirm to you shortly after the time of cancellation. Once the goods have been Despatched, the order cannot be varied or cancelled.
9.5 we will usually refund you by the method of payment you used, please note the refund can take around 5 working days to reach your account
9.6 returns/refund of the goods will not be accepted in the following circumstances:
9.6.1 the goods were made to your own specification, personalised or customised, or Configured to order;
9.6.2 when the goods are described as “not refundable”
Damage in transit
9.7 we will accept responsibility for damage, storage or loss in transit only if: you report the damage or loss within four (4) days of receipt of the goods. Failure To notify us will invalidate any claim with regard to The goods;
9.8 warranty returns can be made under the warranty return provision in clause 10.
9.9 if having checked any goods returned under clause 9.8, we have found that they are not Faulty, or the defect arose from one of the circumstances set out in clause 10.3 below, in addition To not refunding you the order value, we may charge you a handling fee equivalent to 20% of The price that you originally paid for the goods or £10, whichever is the greater.
10.1 MOBOA warrants the goods to be free from material defects in design, material and workmanship;
10.2 when you purchase goods from us, if something goes wrong with the goods, you should always contact us and we will do whatever we can to help. We may repair, replace or refund You for any goods that have a material default at the point of sale, and up to a period of twelve (12) months from the date of delivery, provided the faulty goods are returned complete with all Components. However, this warranty does not apply in the circumstances described in claus2.
10.3 the warranty in clause 10.2 does not apply to any defect in the goods arising from:
- fair wear and tear;
- you, or any third party, not taking sufficient care, wilful damage or accident;
- use of the goods outside the specifications, or a specific application, detailed in any MOBOA
- Documentation (including on any website, etc) relating to the goods.
11. Intellectual property rights
Customised items and personalised goods
11.1 please note that we reserve the right to brand personalised goods with any MOBOA logo.
11.2 in using the image upload facility on the site for personalised goods, you agree not to upload Or print any images that will be illegal or unlawful or cause distress or offence to any person. We reserve the right (but shall have no obligation) to refuse to process any order that may be illegal or unlawful or cause offence or distress to others; in such a case we will refund any payment made.
11.3 it is your responsibility to ensure that express permission for any images you use have been Granted by the owner of any image. In addition, you confirm you have received the consent of Any relevant person for the use of the image (if relevant), which includes consent from the parent or guardian of any children in the image. You warrant that any photo/image/design Uploaded does not infringe upon any rights of any third party, including but not limited to copyright or trademark and/or any rights in order to process data And that you have all required rights or permissions necessary to incorporate third party material Into the goods. You: (a) warrant that you have sufficient rights; and (b) grant us the right, to Copy, modify and create derivative works from any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling the order.
12 Data protection
12.1 MOBOALtd uses and protects any personal information with regard to the collection, storage access and processing under the General Data Protection Regulation (“GDPR”).
MOBOA collects information about our customers, clients, business contacts and other individuals we have a direct or indirect relationship with as follows:
- name, gender, age
- contact details, including telephone number(s) and
- email address
- postal address
- medical condition and where necessary, brief medical history
- necessary personal measurements to assist us in providing the best individual fitting
Data we gather is crucial in providing the best possible service, including sales of goods, quotations, invoicing. We obtain parental/customer consent in writing when publishing case studies or share photographs of our customers. From time to time, we ask for customer feedback in order to review our services and help us improve our products. It is also to help other customers make informed decisions about purchasing our goods. We never share data with another organisation or a third party.
12.2 Marketing material will only be sent out to you in the following instances:
- we had a personal request to provide information regarding our equipment and/or services
- we received your personal contact details and obtained your consent
- in both instances, you have not opted out of receiving marketing material
Under the General Data Protection Regulation you have the following rights:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure (‘the right to be forgotten’)
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling
If you would like to exercise any of these rights, please contact us at firstname.lastname@example.org.
13. Disposal of waste electrical equipment
13.1 you are responsible under regulation 9 of the waste electrical and electronic equipment Regulations 2013 (the “weee regulations”) for the costs of collection, treatment, recovery, recycling and environmentally sound disposal of any equipment supplied under the order that Has become waste electrical and electronic equipment (“weee”). MOBOA and you acknowledge That, for the purposes of regulation 9, this clause 14 is an agreement stipulating other financing Arrangements for the collection, treatment, recovery, recycling and environmentally sound Disposal of weee.
13.2 you are responsible for any information recording or reporting obligations imposed by the Weee regulations. You shall indemnify and hold harmless MOBOA against any claims or legal proceedings that are brought or threatened against MOBOA by a third party which would not have Been caused or made had you fulfilled your express or implied obligations under this clause or In connection with the weee regulations. We will notify you of any such claims or proceedings And keep you informed as to the progress of such claims or proceedings.
14.1 we reserve the right to amend these conditions from time to time without notice by updating The same on the site.
14.2 neither party shall be liable to the other for any delay in or failure to perform its obligations hereunder (other than a payment of money) provided that such a failure is due to causes beyond its reasonable control, including without limitation, strikes, lockouts or other industrial action by workers, employers, trade disputes, accidents on land or sea, government Interference, war or hostilities, riot or civil commotion, earthquake, flood, fire or another natural Physical disaster, government action or legislation.
14.3 failure by either party to exercise or delay in exercising any of these conditions shall not constitute or be deemed to be a waiver of either party’s rights hereunder nor prejudice our or Your rights to take subsequent action.
14.4 any notice required to be given under these conditions shall be in writing and shall be sent to The address of the customer/reseller set out in the order (for notices to be sent to you) or the Registered office of MOBOA (for notices sent to us). Any notices sent to MOBOA via email will only be valid if they are sent to: email@example.com
14.5 nothing in these conditions shall make either party the agent or partner of the other or give Either party the power to bind the other.
14.6 nothing in these conditions shall confer on any third party any right or benefit under the provisions of the contracts (rights of third parties) act 1999.
14.7 you agree to maintain in confidence and not disclose, reproduce or copy any materials, Documentation or specifications which are provided to you hereunder. You shall be responsible For ensuring that your employees, agents, sub-contractors and any other party performing your Obligations or exercising your rights under or in connection with these conditions and/or any Other agreement that you may have with us are bound by the same obligations and that such Obligations ensure beyond any termination of employment with you.
15.Additional terms for consumers
In addition to clauses 1 – 14 and 16, if you are a consumer, the following terms apply: Limitation of liability
15.1 if we fail to comply with these conditions, we are responsible for loss or damage you suffer that Is a foreseeable result of our breach of these conditions or our negligence, but we are not Responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it Is an obvious consequence of our breach or if it was contemplated by you and us at the time We entered into the contract relating to the relevant order.
15.2 where digital content supplied by MOBOA is proven to have caused damage to your device or other Digital content, MOBOA may choose to either repair the device or digital content or offer you compensationCompensation. Any compensation shall: (a) be reasonable in all the circumstances, and (b) only Be payable where the damage would not have occurred if MOBOA had exercised reasonable care And skill.
15.3 where you are a consumer, we only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability To you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4 we do not in any way exclude or limit our liability for:
15.4.1 death or personal injury caused by our negligence;
15.4.2 fraud or fraudulent misrepresentation;
15.4.3 any breach of the terms of sections 9 – 15w of the consumer rights act 2015;
16.Governing law and jurisdiction
These conditions shall be governed by and construed in all respects in accordance with the Laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English Courts.