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Terms and Conditions

Compton Cymru Cyfyngedig supplies goods on the following terms and conditions:

Introduction

The meaning of some words used in these terms and conditions ‘we’, ‘us’ or ‘our’ is a reference to Compton Cymru Cyf that trades under the name of Cantre Mobility, A.M. Garden Services, Myrddin Garden Machinery and MGM Electric Vehicles; ‘you’ or ‘your’ is a reference to the person to whom we are supplying Goods and who is required to pay for the Goods we supply; ‘Goods’ means the goods we shall buy for you and which you will pay for.

The term ‘designer’ is a reference to our website developer and designer, Dafydd Thomas. The ‘designer’ can be contacted at dafz@dafzthomas.com.

Our head office contact details are Compton Cymru Cyf, Compton, Sgwâr Alban, Aberaeron, Ceredigion, SA46 0AQ 01545 571390; Fax: 01545 571355; Email: info@comptoncymru.com

  • Website code and design
    • The design and code of the website as a whole or part may not be reproduced to any other organisation other than Compton Cymru Cyf.
    • Any reproduction without consent of the designer could lead to legal action, or a settled payment to the designer.

 

  • Making an order
    • When you place an order you are making an offer to buy the Goods you have specified at the price stated for those Goods from us. At this stage there is not a binding contract between you and us.
    • We will acknowledge your order to confirm that we have received your order whether by email (if you have placed the order online) or by post (if you have sent us an order via our catalogue or ordered by telephone). The confirmation will provide details of what you have ordered, the price that will be charged, as well as other information about the progress of your order and estimated delivery.
    • We will contact you by email (or by post if you have ordered the Goods via our catalogue or by telephone) to let you know that your order for the Goods has been dispatched. This communication will be our acceptance of your order (‘Order Acceptance’). At the time the Order Acceptance is sent by us (which may be different to the time you receive it) there will be a binding contract between you and us.
    • The Order Acceptance will only cover the Goods mentioned in it and may not cover all the Goods you ordered. If this is the case then the offer you made for those Goods will only be accepted when we send a further Order Acceptance.

 

  • Price of goods
    • We try our best to display accurate and up to date prices, whether in our catalogues, on our web site or in our shop premises.  However, because of the number of Goods we sell occasionally there are errors and we cannot state the definite price until we send you the Order Acceptance.
    • If the price of the Goods is different at the time we are ready to send the Order Acceptance to what it was at the time you placed your order, then two things can happen:
      • if the price is lower at the time we send the Order Acceptance then we will charge you the lower price and dispatch the goods; or
      • if the price is higher at the time we send the Order Acceptance then we will either cancel your order or contact you to ask you either whether you wish to pay the higher price or to cancel your order. If the order is cancelled by us or you cancel the order, then if you have already made any payment(s), we will make a refund.
    • All prices shown are inclusive of VAT at the current rate of 20%.
    • When you place an order online, by mail order or telephone you authorise us to debit the credit, debit or other card you specify on your order for the amount of the order at the time we send the Order Acceptance.
    • We do accept cheque payments, goods will be delivered on receipt of cleared funds.
    • We provide our Goods through a variety of sources: online, at our shops, via catalogues and mail order as well as through other suppliers
    • We will normally only debit the card you have used for payment at the time we send the Order Acceptance.

 

  • Deposits
    • For products which are designed or manufactured to your specific requirements (e.g. Rise and recline armchairs, stair lifts, etc.) a 50% non-refundable deposit is payable when the order is confirmed. The balance is payable in full immediately on completion of the order.
    • No deposits are required for an order for standard stock products. Payment is required in full on collection or delivery of the order.
  • Availability and dispatch of Goods
    • The availability of the Goods is as shown online or in our catalogues. They are only estimates and should not be relied on as definite statements as to whether the Goods you wish to purchase are actually in stock.
    • Any times and dates given for dispatch of Goods (or the length of time that Goods will take to be delivered) are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. If the delay will be substantial or if the Goods will not be available at all for dispatch, we will offer you the option either to cancel your order and refund any payment(s) you have made or allow you to choose alternative Goods.
  • Delivery
    • We only make deliveries in the mainland of the United Kingdom.
    • We may deliver the Goods in one or more instalments and some of the Goods may be delivered directly from the manufacturer of the Goods.
  • Title and risk
    • Risk in the Goods will pass to the Buyer on delivery.
    • Title to the Goods will pass to the Buyer once the Seller has received payment in full for the Goods.
    • Until title to the Goods has passed to the Buyer, the Buyer will:
      • hold the Goods as bailee for the Seller;
      • store the Goods separately from all other material in the Buyer’s possession;
      • take all reasonable care of the Goods and keep them in reasonable condition;
      • insure the Goods: (i) with a reputable insurer (ii) from the date of delivery (iii) against all risks (iv) for an amount at least equal to the Price (v) noting the Seller’s interest on the policy;
      • ensure that the Goods are clearly identifiable as belonging to the Seller;
      • not remove or alter any mark on or packaging of the Goods;
      • inform the Seller as soon as possible if it becomes subject to any of the events set out in clause 10
      • provide the Seller such information concerning the Goods as the Seller may request from time to time.
    • If, at any time before title to the Goods has passed to the Buyer, the Buyer informs the Seller, or the Seller reasonably believes, that the Buyer has or is likely to become subject to any of the events specified in clause 10, the Seller may:
      • require the Buyer at the Buyer’s expense to redeliver the Goods to the Seller; and
      • if the Buyer fails to do so promptly, enter any premises where the Goods are stored and repossess them.

 

  • Limitation of liability
    • If the Goods we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you use reasonable efforts to notify us in writing at our contact address of the problem within 10 working days of the delivery of the Goods in question.
    • If you do not receive Goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you use reasonable efforts to notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the Goods.
    • If you notify a problem to us under this condition, our only obligation will be, at your option:
      • to make good any shortage or non-delivery;
      • to replace or repair any Goods that are damaged or defective; or to refund to you the amount paid by you for the Goods in question in whatever way we choose.
  • Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under Clause 6.3.3 above.
  • You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
  • Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

  • Cancellation rights
    • You can cancel this contract within seven days of your receiving the Goods. The seven day period starts on the day after you receive the Goods.
    • If you wish to return the items, you must send them to us. You must pay the cost of returning the items to us. Alternatively, we can collect the items from you, but you will have to pay the cost of us collecting the goods.
    • To cancel the contract you will need to send a letter to us. You can send the letter by post, email or facsimile or by personal delivery. Contact details for where to send the letter are set out in paragraph 1.2 above. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified.
  • Termination
    • This Agreement may be terminated forthwith at any time by either party on written notice to the other if:
      • the other commits a material breach, or series of breaches resulting in a material breach, of the Agreement and such breach is not remediable or is not remedied within 7 days of written notice to do so
      • the other: (i) suspends or threatens to suspend payment of its debts, (ii) is unable to pay its debts as they fall due or (iii) is unable to pay its debts (being a company) within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) there is any partner to whom any of the foregoing applies
      • the other: (i) negotiates with its creditors for rescheduling of its debts, (ii) makes a proposal to or compounds with its creditors in respect of its debts or (iii) makes an application to court for protection from its creditors generally
      • the other passes a resolution for winding-up or for the appointment of an administrator, or a liquidator or administrator is appointed in relation to the other, or a winding-up order is made in relation to the other
      • a receiver or administrative receiver may be or is appointed in relation to the other or any of its assets
      • any creditor of the other attaches, takes possession of, or any distress, execution or similar process is levied or enforced against, all or any part of the other’s assets, and such attachment or process is not discharged within 14 days
      • the other takes or suffers any action similar to any of the above in any jurisdiction
      • there is a material change in the management, ownership or control of the other
      • the other suspends trading, ceases to carry on business, or threatens to do either
      • the other (being an individual) dies or ceases to be capable of managing his own affairs, or
    • In addition to its rights under clause 10.1, the Seller may terminate this Agreement at any time:
      • on 7 days’ written notice to the Buyer;
      • immediately on written notice to the Buyer if the Buyer has failed to pay any amount due under this Agreement on the due date
    • On termination of this Agreement for any reason:
      • the Buyer will immediately pay all invoices of the Seller then outstanding and not disputed in good faith
      • each party will within 5 Business Days return any materials of the other then in its possession or control; if it fails to do so, the other may enter onto any premises of the first party and take possession of them. Pending such return or taking possession, the first party will be responsible for such materials and will not use them for any purpose not connected with this Agreement
      • the accrued rights and liabilities of the parties will not be affected, and
      • clause which expressly or by implication are to survive termination will do so.

 

  • Returns
    • If you wish to return any or all the Goods you have purchased, please refer to our ‘Customer Care and Returns Policy’.
  • Invalidity
    • If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

  • Contracts (Rights of Third Parties) Act 1999
    • For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
  • Law and jurisdiction

This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.

 

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