Terms and Conditions
Last Updated: 1st March 2016
The Consumer Rights Act 2015 came into force on 1 October 2015 and Ergoability abide by all relevant conditions as laid out in the amended act.
- Order Acceptance
- Order Cancellation Policy
- Description of Products
- Refusal of Transaction and Eligibility to Purchase
- Discount/Coupon Codes
- Customer Reviews
- Website Privacy
- Recording of Phone Calls
- Product Warranty
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
If you have any questions relating to these terms and conditions please contact 0203 051 0157 or email firstname.lastname@example.org Mon-Fri 9am-5pm
"Conditions" means these terms and conditions and the Special Conditions; "Product/s" or "Item/s" means a product displayed for sale on the Website
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
"Users", "You" or "Buyer" means the user or entity who is using the Website or agreeing to buy from the Website.
"Personal Information" means the details provided by you on registration.
"We/us" means Ergoability.Ergoability is owned and run by Fluto Ltd.
"Website" means the website located at www.ergoability.co.uk or any subsequent URL which may replace it.
Order acceptance and the completion of the contract between you and Ergoability will take place on payment for products ordered by you unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions below. Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- Your not meeting the eligibility to order criteria set out below
If there are any problems with your order, you will be contacted by our Customer Services team.
We reserve the right to reject any offer to purchase by you at any time. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure but, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Order Cancellation Policy
As bespoke products are ordered to individual specifications they cannot be cancelled once your order has been placed. We may be able to uphold the cancellation if it is made on the same day as the order is placed or if your order has not been processed.
Orders for other products cannot be cancelled once they have been processed and will be subject to our Returns Policy (see below).
We hope that you will be delighted with your purchases from us and that your delivery has arrived with you in excellent condition and on time. It is your responsibility to carefully check that all items have been delivered in the correct quantity and to the required specification. Any errors, omissions or damage to items must be notified to us, by telephone or email, within 24 hours of receipt of your delivery, or by the end of the next working day. This enables us to raise any queries with our couriers and with our despatch department.
Please note that any errors or omissions notified to us after this period will not be considered.
Please retain all original packaging until after you have decided to keep the goods. Items not returned in original packaging are non refundable.
If any item that you have ordered does not fully meet your needs then we must be notified, by telephone or email, within 7 days of your receipt of delivery. The costs of returning goods to us is to be at your own expense and we strongly recommend that you use an insured courier service for this and obtain a receipt of despatch as we will not be responsible for returned items which fail to arrive with us or which are damaged in transit. We do not refund outward carriage.
If ordered incorrectly then a 15% restocking charge may apply.
Description of Products
Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information, including product descriptions and photos, appearing on this website at a particular time may not always reflect the position at the exact moment you place the order
Refusal of Transaction and Eligibility to Purchase
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under English law you must:
- Register by providing your real name, phone number, e-mail address, payment details and other requested information
- Be over 18 years of age
- Stipulate a delivery address. Please note that PO Box numbers, hotels and accommodation addresses are not acceptable
- Possess a valid credit or debit car issued by a bank acceptable to us.
By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
We may use information you provide or is obtained by us:
(a) To register you with our website and to administer our website services;
(b For assessment and analysis (e.g. market, customer and product analysis) to enable us to review, develop and improve the services which we offer and to enable us to provide you and other customers with relevant information through our marketing programme We may use your information to make decisions about you using computerised technology, for example, automatically selecting products or services, which we think will interest you from the information we have. We may inform you (by e-mail, mail or otherwise) about products and services which we consider may be of interest to you. If you do not wish Ergoability to use your information for marketing purposes, please tick the opt-out box provided when registering.
(c) For the prevention and detection of fraud.
To administer any prize draws or competitions you may enter.
- Discount/Coupon Codes only apply to the Total Product Price inc VAT. Delivery costs are not subject to any discount.
- Discount/Coupon Codes must be redeemed at the time of purchase during the Checkout process. To redeem a voucher the Discount/Coupon Code should be entered on the Shipping Details section of the Checkout process (see image below). The discount will then show on the final Confirm Screen.
- Discount/Coupon Codes must be redeemed before the specified expiry date.
- Discount/Coupon Codes cannot be used in conjunction with any other offer or discount from Ergoability. This includes Sale items.
- Where applicable, Discount or Coupon Codes are not redeemable for their cash equivalent.
- We reserve right to refuse any order if we feel the Discount Code has not been used in accordance with these terms.
You agree to post reviews in accordance with the following terms. A review will not be published unless it follows these terms. These terms are not exhaustive and Ergoability reserves the right to vary them from time to time.
- No unlawful or objectionable content – this means you should not submit reviews that contain words, language or content that is or may be considered unlawful, defamatory, libellous, abusive, racially or sexually offensive or obscene
- Original - content of user reviews should not infringe the intellectual property rights or other proprietary rights of others that shall include copyright, trademark, privacy or trade secrets
- Harmful content – Reviews shall not contain viruses, worms, Trojan horses or other computer program that may damage or affect any system or data No single word reviews.
- No spamming or advertising – reviews shall not contain commercial web or e-mail addresses and no promotional or advertising material of any kind including the pricing and availability information and alternative ordering information
- No HTML tags
- Reviews should be based on a genuine experience of the product and content should be relevant and helpful to other users of the website
- Reviews are to be written and shall be published in English
- Reviews that contain questions or comments aimed at other contributors or website users or Ergoability staff and/or representatives will not be published
- Users should not use false e-mail addresses, impersonate others or in any way mislead as to their identity. Ergoability confirms that any personal identifiable information such as addresses, phone numbers or URL’s will be removed and reviews or contributions may not be published
We will treat all your Personal Information as confidential and never disclose or sell your information to third parties (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections and a password. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
- Processing your orders;
- For statistical or survey purposes to improve this Website and its services to you;
- To serve website content to you;
- To administer this website;
- If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
Recording of Phone Calls
All phone calls at Ergoability may be recorded for the purposes of training and quality control purposes
Ergoability offer 12 months warranty on products unless otherwise stated. All warranty periods over 1 years as shown on our website are covered under Manufacturer's Warranties and Manufacturer's Terms & Conditions. Please contact us if you would like to know more.