Advanced Mobility Website & Business Terms and Conditions

These Terms and Conditions regulate the business relationship between you and us. By using our web site in any way, or by buying from us, you agree to be bound by them

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Advanced Mobility’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Advanced Mobility’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Five Rise Shopping Centre, Bingley, BD16 1GL.

Our company registration number is 07290327. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
All prices shown on our website (www.advanced-mobility.co.uk) are excluding VAT. You will be exempt from paying VAT if you are chronically sick or disabled.
When you purchase a scooter through Advanced Mobility Solutions Limited you agree to have read and understood the INITIAL DISCLOSURE DOCUMENT which is listed below.

Initial Disclosure Document (IDD) and Terms of Business Agreement (TOBA)

Advanced Mobility Solutions Ltd, Five Rise Shopping Centre, Bingley, BD16 1GL is an appointed representative of Mark Bates Ltd t/a Premier Care, Premier House, Londonthorpe Road, Grantham, Lincs, NG31 9SN who are authorised and regulated by the Financial Conduct Authority. Number: 973332. You can check this on the FCA’s Register by visiting the FCA’s website www.fca.org.uk/register or by contacting the FCA on 0800 111 6768.

Acceptance

The purpose of this agreement is to set out our professional relationship and detail the services we will provide to you.

The Regulator

The Financial Conduct Authority (FCA) is an independent watchdog that regulates financial services.

We as an appointed representative of Mark Bates Ltd are permitted to advise and arrange general insurance non-investment contracts.

Confidentiality and Data Protection

We will treat all information as private and confidential, and in strict accordance with the Data Protection Act 1998 (DPA), even when you are no longer a customer and only share information if we are required to do so by law, or regulation.

We will not disclose personal information without your consent, other than in the normal course of arranging and administering your insurances.

Under the DPA, you have a right to a copy of any personally identifiable information about you that we hold in our records, you can obtain details by writing to us at the usual address. A nominal charge might apply in providing the information to you.

Our Fees, Commission and Charges

You will not be charged a fee for our services.

We usually receive a commission from the insurance provider with whom we place your business, and in such a case, the commission will be paid to us either when we are in receipt of cleared funds from you (or the premium finance company, if one has been used) or, when the insurer has received cleared funds from us in respect of the premium due under your policy.

You are entitled to request at any time, information about the commissions that we may have received in connection with your insurance, if you want this information, please contact us.

Scope of Service

We use the services of Mark Bates Ltd to place your insurance, who will act on your behalf and on behalf of the insurer in terms of placing the insurance, claims and day to day servicing of your policy.

We also act on behalf of insurers when collecting premiums under risk transfer.

We can advise and make a recommendation for you after we have assessed your demands and needs.

We will confirm to you the level of service we are providing as part of our sales process.

Products are only offered from a single insurer.

Financial Strength

Mark Bates Ltd regularly check the financial strength of the Insurer. Whilst we take care to deal with companies that maintain reasonable solvency margins, we cannot guarantee their financial ability to pay claims.

Money

The premium that you pay to us is held in accordance with the regulator's rules or under a risk transfer agreement with insurers. Mark Bates Ltd hold:

A trust insurer bank account in accordance with our agreements with the insurer that transfers the risk of money we receive from customers to them, these agreements deem any money you pay to us, to be received by them and they will bear the risk of any losses in the event that our firm becomes insolvent. This includes claims money or premium refunds we receive prior to being paid to you.

By holding your money in this way means that in the event that this firm becomes insolvent your money remains protected.

Payment Options

Mark Bates Ltd charge an administration fee for paying in instalments and this is included in your monthly payments. You will receive a schedule of payments prior to the first instalment being taken. If payments are not made, your policy may be cancelled.

Your Right to Cancel

Please contact Mark Bates Ltd if you wish to cancel any policy that we have arranged for you. You have the right to cancel within 14 days of receiving the full terms and conditions with a full refund. Thereafter, you may still cancel the policy and you will be refunded on a pro rata basis with a £5 admin fee charged. You will not be refunded if you have made any claims during the period of insurance.

Complaints

Our aim is always to provide our customers with a first-class service; however, we are aware that, occasionally, it is possible that we may fail to meet your expectations. If for any reason we have not met your expectations, let us know as soon as possible, by calling our main office telephone 01476 591104, or write to Complaints Manager, Premier House, Londonthorpe Road, Grantham, Lincs, NG31 9SN, or email: complaints@markbatesltd.com

If you are not happy with our response, you may be eligible to refer your complaint to the Financial Ombudsman Service (FOS) for an independent assessment and opinion.

The FOS Consumer Helpline is on 0800 023 4567 (free for people phoning from a " fixed line" (for example, a landline at home) or 0300 123 9123 (free for mobile-phone users paying monthly charge for calls to No’s starting 01 or 02). Alternatively, you can contact them at Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square, London, E14 9SR. www.financial-ombudsman.org.uk

A full copy of our complaints procedure is available on request and will be included in your policy wording.

Financial Services Compensation Scheme (FSCS)

If we are unable to meet our obligations, you may be entitled to compensation from the FSCS. If we have advised or arranged insurance for you this will be covered for 90% of a claim, without any upper limit, however, compulsory classes of insurance (such as motor insurance) is covered for 100% of a claim. Further information is available from the FSCS helpline 0800 678 1100 or 020 7741 4100 and www.fscs.org.uk.

The FSCS is the UK’s statutory fund of last resort for customers of authorised financial services firms. Compensation is usually payable if an authorised firm is unable or unlikely to pay claims usually because it has ceased trading or become insolvent.

Ownership

Mark Bates Ltd is an independent insurance broker with no Insurer owning its shares.

Insurance Premium Tax (IPT)

Your premium detailed in the policy will include IPT at the prevailing rate.

Should the rate of IPT be amended by the Government, your premium will be amended by the insurer to reflect the change.

WARNINGS

Please note we cannot read and understand the policy for you – please ensure that you read these documents and let us know if you do not understand any of the terms and conditions.

Your policy contains a number of terms which you must comply with, otherwise, the insurer might not pay any claims and might cancel your policy from the start. Even if there is no connection between a breach of these terms and the cause of the loss. Failure to comply with these terms may leave you with no insurance cover and your claim not being paid.

When you purchase a scooter through Advanced Mobility Solutions LTD you agree to have read and understood the KEY FACTS DOCUMENT & POLICY WORDING in regards to the 1 Months FREE Insurance leaflet provided with your mobility scooter.

Cancellation and Refund Policy

In accordance with the ‘Consumer Protection (Distance Selling) Regulations 2000’ Advanced Mobility customers are entitled to a refund on goods purchased under the following circumstances:

-- If the customer was induced into buying the goods by misrepresentation;

-- If the goods have a fault about which they could not have known at the time of purchase. (Customers can't complain about defects that were pointed out to them at the time of purchase.)

-- If the goods are NOT of merchantable quality - a basic level and quality and performance that would be reasonable to expect - bearing in mind the price and the way the goods were described.

-- If the goods don't do the job the customer was led to believe they would do.

-- If the goods don't match the description given when ordered.

-- If the goods don't match a sample shown when order.

A customer may also claim compensation for any loss or damage caused by faulty goods.

A customer may be offered a repair, an exchange or a credit note rather than a refund BUT it is the customer's choice.

1 Contact Details and communications

1.1 We will contact you by telephone, e-mail or postal address you have provided to us. You must tell us as soon as possible before you change your contact details (or if this is not possible, you must tell us as soon as possible afterwards).

1.2 If you provide us with an e-mail address, you confirm that it is appropriate to send you any notices or communications to you by e-mail.

1.3 In this agreement “writing” includes e-mail where you have agreed to use e-mail as a way of communicating with you.

2 Delivery

We shall not be obliged to deliver the Equipment until after your right to cancel this agreement has expired without being exercised. We may agree to do so if you specifically request it.

3 Your obligations in respect of the Equipment

3.1 Ensure the Equipment meets your specific needs

While we have a legal duty to ensure the Equipment is fit for its purpose, only you know the details of your medical condition and the precise use to which the Equipment is to be used. You should ensure that it meets your specific needs.

3.2 Keep the Equipment in good order

You will be responsible for paying for any damage to the Equipment not covered by the insurance policy referred to in section 6, if this results from your breach of this agreement or negligence. This includes significant cosmetic defects resulting from your misuse of the Equipment or your failure to comply with these Terms and Conditions but does not include fair wear and tear.

You should be familiar with the Owner’s Manual supplied with the Equipment as well as any instructions we give you. If these are difficult for you to read, you should contact us and will try to tell you about the important points.

3.3 Store the Equipment in an appropriate place

You shall store the Equipment in a dry, secure location at the address you have notified to us and ensure that any security devices are active when not in use. You must inform us if you are to keep the Equipment at any place other than your address recorded above (if, acting reasonably, we are not satisfied that this is a safe place for the Equipment, we may instruct you not to store it in this place and if you disregard this you will be in breach of this agreement).

3.4 Batteries and tyres

You shall charge the Equipment at least twice per week for at least 5 hours on each occasion. If you do not do this, the battery may fail and you will be responsible for paying for the replacement battery.

You shall keep the tyres on the Equipment inflated to the correct pressure specified in the Owner’s Manual or instructions provided by us (please note solid tyres do not need inflation). If you do not do this and the tyres become unusable or suffer damage as a result, you will be responsible for paying for replacement tyres.

3.5 Conditions in which the Equipment can be used.

The Equipment is designed only for use on made-up roads and in normal weather conditions. It should not be used on rough terrain or in extreme weather conditions - you will be responsible for any damage resulting from your use of the Equipment in such conditions.

3.6 Use the Equipment lawfully and responsibly

You shall drive and park the Equipment responsibly and in accordance with any applicable laws. You shall be responsible for any fixed price or other road traffic penalties incurred by you when using the Equipment. Where we are liable for any such penalties, you shall be responsible for reimbursing us and you authorise us to debit any payment method supplied by you to us for the amount of such penalty.

3.7 Inspection etc.

You must permit our representative access to place where the Equipment is stored or located at all reasonable times for the purpose of inspecting, repairing or removing the Equipment;

3.8 Loss or damage

You are responsible for any loss of or damage to the Equipment whilst in your possession arising from your breach of this agreement or negligence. You must not use the Equipment after any significant damage (which does not include purely cosmetic damage) and must notify us immediately of any loss or damage.

4 Our obligations

4.1 We shall make arrangements for delivery of the Equipment to you at a convenient time for you.

4.2.1 Our obligation to ensure that the Equipment is of satisfactory quality, that it is fit for any particular purpose you have told us about and that it complies with its description; and

4.3 Nothing in this agreement excludes or restricts any legal rights where the law or FCA Rules does not allow us to do so. This includes your rights, where we have breached our legal obligations summarised in section 4.2 in the circumstances set out in section 4.2, to:

4.4.1 reject the Equipment within 14 days of delivery.

5 Our liability

5.1 Nothing in this agreement excludes or restricts any liability we may have for death or personal injury (including any liability which cannot be excluded or restricted by law or the FCA Rules).

5.2 Subject to section 9.1, we will only be liable for reasonably foreseeable losses, costs and expenses which result from our breach of these Terms and Conditions or our negligence.

6 Complaints and regulatory details

6.1 We are authorised and regulated by the Financial Conduct Authority under number 973332.

6.2 During your relationship with us, you may wish to make a complaint. For this reason, we have procedures for handling your complaints fairly and promptly. If you have a complaint, you should contact us using the contact details below.

David Wood, Advanced Mobility, Five Rise Shopping Centre, Bingley, BD16 1GL, telephone 01274 568131, by e-mail at david@advanced-mobility.co.uk.

6.3 We will try to resolve your complaint as quickly as possible and to your complete satisfaction. If we are unable to assist you further, you may be able to refer your complaint to the Financial Ombudsman Service (“FOS”) for independent assessment. FOS is a free and independent organisation that specialises in settling disputes between clients and financial firms (including us). Contact details for FOS are as follows:

6.4 Financial Ombudsman Service Exchange Tower London E14 9SR (www.financialombudsman.org.uk).

6.5 Our VAT number is 151875692

7 Applicable law, courts and languages.

7.1 This agreement is governed by English law and you or we can bring legal proceedings concerning this agreement in the English courts. If you live in Scotland you or we can bring legal proceedings in respect of the agreement in either the Scottish or the English courts. If you live in Northern Ireland you or we can bring legal proceedings in respect of the agreement in either the Northern Irish or the English courts.

7.2 English law shall also apply to the establishment of relations with you before the conclusion of this agreement.

7.3 The information and terms and all communications relating to the agreement will be in English.

8 Data protection

Before entering into this agreement we may search your records at credit reference agencies. They will add to their record about you details of our search which will be seen by other organisations making searches. Details about you and your payment record under this agreement will be used to help make credit, credit related and insurance related decisions about you and members of your household and occasionally for fraud prevention or to trace debtors. You can contact us for details of the credit reference agencies used by us. You have a legal right to these details and can receive a copy of the information held about you on payment of a fee.

Information held about you by credit reference agencies may be linked to records relating to any person with whom you are linked financially and other members of your household.

We may give information about you and your payment record under this agreement to credit reference agencies, debt collecting agents and any proposed assignee, transferee or chargee of this agreement or of our interest in this agreement, their insurers or advisers.

We may use a credit scoring or other automated decision-making system. We may monitor and record telephone calls for the purpose of security and training.

9 Changes to this agreement.

9.1 We may make changes to this agreement by notice to you in accordance with any applicable law:

9.2.1 to reflect changes in relevant laws and regulatory requirements;

9.2.2 to implement minor technical adjustments and improvements;

9.2.3 where we reasonably consider that: (i) the change would make the terms easier to understand or fairer to you; or (ii) the change would not be to your disadvantage;

9.2.4 where we reasonably consider that the change is necessary for safety reasons.

20.2 We may also change the charges payable under this agreement by giving you notice. We shall not issue any such notice during the Hire Period, except on account of any change in the rate of VAT on Rental payments or for any reason outside our control.Terms & Conditions

Website & Business Terms and conditions