All orders made by post are made to LBF Mailing Ltd ("LBF") on behalf of Motability Operations Limited whose registered address is City Gate House, 22 Southwark Bridge Road, London SE1 9HB. All contracts concluded are between the customer and Motability Operations. The Customer can contact LBF at the following:
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Definitions
"Motability Operations" means Motability Operations Limited company number 1373876 registered in England & Wales also referred to as 'we' or 'us' in these terms and conditions.
"LBF Mailing Ltd ("LBF")" means the company appointed on behalf of Motability Operations to fulfil any orders for goods made via the website www.accessibleguide.co.uk by phone or by post.
"You" "your" or "Customer" means the person ordering products under these terms and conditions.
"Goods" means the product or products you have ordered from us.
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Orders
- All contracts of sale made by Motability Operations shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom Motability Operations is dealing.
- All orders for goods made by Customers to Motability Operations shall be fulfilled by LBF Mailing Ltd ("LBF") who is appointed on behalf of Motability Operations. All enquiries relating to all Customer orders and goods shall be forwarded to LBF Mailing Ltd at the freepost address shown above.
- Cancellation of orders by Customers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000 (see clause 7 below).
- All prices for goods include the cost of postage, packaging and delivery. Delivery of the goods is made by second class post. All prices quoted on the website or any other literature are zero rated for VAT (VAT is not applicable on books). We reserve the right to change the price of goods at any time without notice.
- All orders are subject to acceptance and to availability of the goods ordered. Motability Operations is entitled to refuse any order placed by you.
- You undertake that:
- all details you provide to us for the purpose of purchasing goods or services offered on our website are correct;
- the credit or debit card you use to make a purchase from us is your own or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services; and in the case of discounts, you qualify for those discounts for example, you are the holder of a disabled person's 'Blue Badge'.
- Subject to availability, orders received from the first 5,000 Customers will receive the Goods free of charge. For the avoidance of doubt, clauses 2b, 2e, 3a, 3d, 3e, 5, 8 and 9 of these terms and conditions shall still apply to those Customers who receive the Goods free of charge in accordance with this clause.
- Free of charge Goods are limited to one per Customer.
- Motability Operations reserves the right to withdraw the free of charge offer for the Goods at any time.
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Payment
- All orders made on our website shall be made by credit or debit card on the date on which we accept your order. Payment will be cleared from your account before the despatch of the goods specified in your order.
- All payments made by cheque (where ordering goods by post) must be made payable to 'LBF Mailing Limited'.
- LBF will await clearance of payments made by cheque (in the case of orders by post) before despatch of the goods.
- All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
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Delivery, Title and Risk
- Any time or date stated for delivery is an estimate only. Motability Operations makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time.
- If Motability Operations (or its agents) is unable to deliver the goods within 30 days of the date of order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Motability Operations (or its agents) in respect of that order to be refunded.
- In order to cancel, the Customer must either send written notice of cancellation to Motability Operations at the above address after the above date, but before delivery of the goods or notification from Motability Operations that the goods are ready for delivery. The Customer is also entitled to cancel their order by writing to: The Marketing Department (RG to AB), Motability Operations, City Gate House, 22 Southwark Bridge Road, London SE1 9HB.
- Motability Operations does not accept liability for shortages or damage to deliveries unless the Customer notifies it or LBF of the shortage or damage in writing within 7 days of receipt of the delivery.
- Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer.
- Title in the goods does not pass to the Customer until payment is received in full by Motability Operations.
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Liability
Motability Operations shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description.) Motability Operations' liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.
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Force Majeure
Where, in spite of its reasonable efforts, Motability Operations or LBF are unable to perform an obligation due to force majeure, Motability Operations shall not be deemed to be in breach of its contract with the Customer.
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The Consumer Protection (Distance Selling) Regulations 2000
- Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations").
- If the Regulations apply, Customers may cancel goods purchased from Motability Operations by sending a written notice of cancellation by post or hand delivery addressed to: The Marketing Department (RG to AB), Motability Operations, City Gate House, 22 Southwark Bridge Road, London SE1 9HB.
- The notice of cancellation must be delivered within 7 working days of the date of delivery of the goods.
- The Customer will not be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Motability Operations or LBF, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
- The Customer is under a duty to retain possession of the goods whilst awaiting return to Motability Operations or LBF and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
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Returns
- If you are unhappy with your goods upon receipt, you may return it to us, along with your full contact details, within 7 working days and we will provide a full refund to you. Goods should be returned to: The Marketing Department (RG to AB), Motability Operations, City Gate House, 22 Southwark Bridge Road, London SE1 9HB.
- All refunds will be made by payable to you by cheque, regardless of the method with which you made payment of your order.
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General
- Nothing in these terms and conditions affects your statutory rights as a consumer
- If any provision in this agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
- Any waiver of a breach of this Agreement must be in writing.
- Any variation of this Agreement must be in writing and signed by a duly authorised Motability Operations official.
- The headings are for convenience only and shall not affect the interpretation of this Agreement.
- Any notices given under this Agreement shall be in writing and sent:
- by first class pre-paid post to the last known address of the party; or
- by fax to their last known fax number; or
- by e-mail to the last notified e-mail address of the party.
- The notice shall be deemed served:
- two working days after posting; or
- upon receipt of a successful fax transmission report; or
- after system confirmation of e-mail delivery
- These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts
- Motability Operations may at its discretion record telephone transactions for staff training and quality control purposes.
- Motability Operations reserves the right to change or amend these terms and conditions at any time and without prior notice.
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Privacy & Data Protection
- Motability Operations is committed to safeguarding your privacy and personal information. We place great importance on the security of all personally identifiable information associated with our visitors to the website and our customers in general. We have security measures in place to protect against the loss, misuse and alteration of data under our control. We have organisational and technical security measures in place to safeguard your personal information and we are registered data controllers under the Data Protection Act 1998.
- By submitting your information to us on our website, on the telephone or by post, you consent to the collection, storage and processing of your personal information by us.