Terms of service

Find below, our Terms of Sale and Terms of use 

TERMS OF SALE

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods and Bespoke Goods are sold by Us to consumers through this website, www.getpyc.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods and/or Bespoke Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods and/or Bespoke Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods and/or Bespoke Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Bespoke Goods” means goods made and/or customised to order, sold by Us through Our Site;
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 7;
“Goods” means goods (that are not made to order) sold by Us through Our Site;
“Goodwill Guarantee” means the goodwill guarantee offered by Us, which exists to enhance the legal rights of Our customers to change their mind and return Goods to Us;
“Order” means your order for Goods and/or Bespoke Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means PYC WHEELCHAIRS LIMITED, a company registered in England under 10116541, whose registered address is 204 Heath Street, Hednesford, Cannock, England, WS12 4BT.

2. Information About Us

2.1 Our Site, www.getpyc.com, is owned and operated by PYC WHEELCHAIRS LIMITED, a limited company registered in England under 10116541, whose registered address is 204 Heath Street, Hednesford, Cannock, England, WS12 4BT.

3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions

4.1 There are no age restrictions on Our Goods and/or Bespoke Goods.
4.1.1 Before ordering, the bill payers permission must be gained.

5. Business Customers

5.1 These Terms of Sale do not apply to customers purchasing Goods and/or Bespoke Goods in the course of business. Please get in touch with business enquiries.

6. Goods, Pricing and Availability

6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods and Bespoke Goods available from Us correspond to the actual Goods and/or Bespoke Goods that you will receive. Please note, however, the following:
6.1.1 Images of Goods and Bespoke Goods are for illustrative purposes only. There may be variations between the image of a product and the actual product sold due to differences in computer displays and lighting conditions and, in the case of Bespoke Goods, variations resulting from your specific requirements;
6.1.2 Images of Goods and Bespoke Goods may be used where the material shown is not correct. This makes only the design, function and features relevant, not the material shown. Always follow the title and description for accurate material information.
6.1.3 Images and/or descriptions of packaging are for illustrative purposes only. The actual packaging may vary;
6.1.4 Due to the nature of the Goods and Bespoke sold through Our Site, there may be up +/- 10mm tolerance variance in the dimensions and measurements of those Goods and/or Bespoke Goods between the actual Goods and/or Bespoke Goods and the description.

6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods and/or Bespoke Goods, not to different ones altogether (with the exception of Clause 6.1.2). Please refer to Clause 10 if you receive incorrect Goods and/or Bespoke Goods.
6.3 Where appropriate, you may be required to select the required size, model, colour, number, etc. of the Goods and/or Bespoke Goods that you are purchasing.
6.4 If you order Bespoke Goods from Us, We will make them to your specifications and requirements, as detailed in the descriptions accompanying such products on Our Site. When you place an Order for Bespoke Goods, We will provide details of the information required from you.
6.5 When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.
6.6 We cannot guarantee that Goods and/or Bespoke Goods will always be available. Stock indications are not provided on Our Site.
6.7 Minor changes may, from time to time, be made to certain Goods and/or Bespoke Goods between your Order being placed and Us processing that Order and dispatching the Goods and/or Bespoke Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods or Bespoke Goods and will not normally affect your use of those Goods and/or Bespoke Goods. However, if any change is made that would affect your use of the Goods and/or Bespoke Goods, suitable information will be provided to you.
6.8 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.12 regarding VAT, however).
6.9 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount or refund and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods and/or Bespoke Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 30 days, We will treat your Order as cancelled and notify you of this in writing.
6.10 In the event that the price of Goods and/or Bespoke Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
6.11 All prices on Our Site include VAT (and excluding VAT where appropriate). If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6.12 VAT relief (0% VAT) is available to UK customers if you're qualified. The VAT Act 1991 allows goods that are specifically designed for use by people in the UK with long-term illness or disability to be sold without VAT. To qualify you must: have a long-term illness or disability; or be a registered charity; and use the goods domestically and personally (or by a person you bought them for).
6.13 Delivery charges are not included in the price of Goods or Bespoke Goods displayed on Our Site. For more information on delivery charges, please refer to Our Shipping Policy. Delivery options and related charges will be presented to you as part of the order process.

7. Orders – How Contracts Are Formed

7.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it. In particular, if you are ordering Bespoke Goods, please check the details you have provided carefully as We may not be able to accommodate changes once we have begun making your Bespoke Goods.
7.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
7.4 Order Confirmations shall contain the following information:

7.4.1 Your Order Number;
7.4.2 Confirmation of the Goods and/or Bespoke Goods ordered including full details of the main characteristics of those Goods and/or Bespoke Goods; and
7.4.3 Fully itemised pricing for the Goods and/or Bespoke Goods ordered including, where appropriate, taxes, delivery and other additional charges

7.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 3-5 business days.
7.6 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods.

8. Payment

8.1 Payment for Goods and/or Bespoke Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
8.2 We accept the following methods of payment on Our Site: Visa; American Express; Maestro; Mastercard; Google Pay; Apple Pay; and Paypal.

9. Delivery, Risk and Ownership

9.1 All Goods purchased through Our Site will normally be delivered within 10 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 13). Please note that Bespoke Goods may take longer and that We will provide further information or Our Website in Our Shipping Policy.
9.2 If We are unable to deliver the Goods and/or Bespoke Goods on the delivery date, the following will apply:

9.2.1 If no one is available at your delivery address to receive the Goods and/or Bespoke Goods and the Goods and/or Bespoke Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods and/or Bespoke Goods;
9.2.2 If you do not collect the Goods and/or Bespoke Goods or rearrange delivery within the time allowed by the courier, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods and/or Bespoke Goods. If this happens, in the case of Goods, you will be refunded the purchase price of those Goods themselves, but not the cost of delivery. In the case of Bespoke Goods, refunds may be released at our discretion depending on Bespoke Goods involved (see Goodwill Guarantee for more information). We may also bill you for any reasonable additional cost that we incur in recovering the Goods and/or Bespoke Goods.

9.3 In the unlikely event that We fail to deliver the Goods and/or Bespoke Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 9.1), if any of the following apply you may treat the Contract as being at an end immediately:

9.3.1 We have refused to deliver your Goods and/or Bespoke Goods; or
9.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
9.3.3 You told Us when ordering the Goods and/or Bespoke Goods that delivery within that time period was essential.

9.4 If you do not wish to cancel under sub-Clause 9.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
9.5 You may cancel all or part of your Order under sub-Clauses 9.3 provided that separating the Goods and/or Bespoke Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and/or Bespoke Goods and their delivery will be refunded to you within 3-5 business days. Please note that if any cancelled Goods and/or Bespoke Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods and/or Bespoke Goods.
9.6 Delivery shall be deemed complete and the responsibility for the Goods and/or Bespoke Goods will pass to you once We have delivered them to the address you have provided.
9.7 Ownership of the Goods and/or Bespoke Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
9.8 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods

10. Faulty, Damaged or Incorrect Goods

10.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods and/or Bespoke Goods, that digital content must also conform. If any Goods and/or Bespoke Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive entirely incorrect (or incorrectly priced) Goods and/or Bespoke Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Please note that if Bespoke Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description, as explained in sub-Clause 6.5, you will not be able to return those Bespoke Goods unless covered by our Goodwill Guarantee. Otherwise, your available remedies will be as follows:

10.1.1 Beginning on the day that you receive the Goods and/or Bespoke Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
10.1.2 If you do not wish to reject the Goods and/or Bespoke Goods, or if the 30 calendar day rejection period has expired, you may request a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods and/or Bespoke Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
10.1.3 If, after a repair or replacement, the Goods and/or Bespoke Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep them at a reduced price, or to reject them in exchange for a refund.
10.1.4 If you exercise the final right to reject the Goods and/or Bespoke Goods more than six months after you have received them (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods and/or Bespoke Goods.
10.1.5 Within a period of six years after you have received the Goods and/or Bespoke Goods (and ownership of them), if the Goods and/or Bespoke Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods and/or Bespoke Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.

10.3 Please note that you will not be eligible to claim under this Clause 10 if We informed you of the fault(s), damage or other problems with the Goods and/or Bespoke Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods and/or Bespoke Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods and/or Bespoke Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods and/or Bespoke Goods to Us under this Clause 10 merely because you have changed your mind. Please refer to Clause 11 for more details.
10.4 To return Goods and/or Bespoke Goods to Us for any reason under this Clause 10, please contact Us to arrange for a collection and return. We will be fully responsible for the costs of returning Goods and/or Bespoke Goods under this Clause 10 and will reimburse you where appropriate.
10.5 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 5 working days of the day on which We agree that you are entitled to the refund.
10.6 Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods and/or Bespoke Goods were originally purchased.
10.7 Refunds under this Clause 10 will be made using the same payment method that you used when making your Order.
10.8 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Goodwill Guarantee

11.1 Under UK law, any item that is Bespoke and made to measure is not entitled to cancellations, returns or refunds (unless faulty, damaged or wrong product entirely). However, we offer a further Goodwill Guarantee which extends your rights to cancellations, returns and refunds on certain Bespoke Goods as detailed below: 

    • All Purpose Strap
    • Calf Strap (un padded version only)
    • Buckle Strap Strap
    • Hook & Loop Foot Strap
    • D’ Ring Foot Strap
    • Chest Strap
    • Double Sports Strap
    • Clip-on Under Seat Bag
    • Clip-on Under Seat Pouch
    • Hook & Loop Under Seat Bag
    • Hook & Loop Under Seat Pouch
    • Frame Guards
    • Back Bar Guard
    • Ratchet Protector Cover
    • Frame Key Ring
    • Phone Holder
    • Full Wheelchairs

12. Cancelling and Returning Goods if You Change Your Mind

12.1 If you are a consumer, you may have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, subject to the exceptions stated below (including Bespoke Goods). This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period (as extended by Our Goodwill Guarantee). You may do so in any way you wish, however for your convenience. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. Whichever contact method you choose, provide Us with your name, address, email address, telephone number, and Order Number.
12.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our products and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.4 Please note that Bespoke Goods do not qualify for the 14 calendar day cooling off period unless covered by our Goodwill Guarantee. You may cancel after receiving Bespoke Goods if there is a problem with them, as set out in Clause 10, but you cannot cancel merely because you have changed your mind again, unless covered by our Goodwill Guarantee.
12.5 Please also note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:

12.5.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
12.5.2 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.

12.6 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.7 You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address. Please contact Us at to arrange for a return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
12.8 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:

12.8.1 The day on which We receive the Goods back; or
12.8.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
12.8.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

12.9 Refunds under this Clause 12 may be subject to deductions in the following circumstances:

12.9.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
12.9.2 The original standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12. Under Our Goodwill Guarantee We will also reimburse standard delivery charges.

12.10 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.

13. Our Liability to Consumers

13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We are not responsible for any losses, injuries or damage from incorrect fitment or improper securing of Goods and/or Bespoke Goods. Please contact us if you need assistance. 
13.3 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods and/or Bespoke Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.5 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

14. Events Outside of Our Control (Force Majeure)

14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 We will take all reasonable steps to minimise the delay;
To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods and/or Bespoke Goods as necessary;
14.2.4 If the event outside of Our control continues for more than 30 Days. We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 3.5 working days of the date on which the Contract is cancelled;
14.2.5 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 3-5 days of the date on which the Contract is cancelled.

15. Communication and Contact Details

15.1 If you wish to contact Us with general questions or complaints, you may contact Us through our website contact form, social media or over the phone.

16. Complaints and Feedback

16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 If you wish to complain about any aspect of your dealings with Us, please contact Us.

17. How We Use Your Personal Information (Data Protection)

17.1 We will only use your personal information as set out in Our Privacy Policy.

18. Other Important Terms

18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected and are not happy with them.

19. Law and Jurisdiction

19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.2 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
19.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales

 

TERMS OF USE

By Using Our Site You Accept These Terms of Use

Please read these Terms of Use carefully and ensure that you understand them before using Our Site. These Terms of Use, together with any other documents referred to herein (unless otherwise stated), set out the terms of use governing your use of this website, www.getpyc.com (“Our Site”). It is recommended that you print a copy of these Terms of Use for your future reference.
Your agreement to comply with these Terms of Use is indicated by your use of Our Site. If you do not agree to these Terms of Use, you must stop using Our Site immediately. You will also be required to accept these Terms of Use if you sign up for an Account.

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required to access certain features on Our Site, as set out in claus 7;
“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a user of Our Site;
“User Content” means reviews, comments, etc., shared by Users on Our Site; and
“We/Us/Our” means PYC WHEELCHAIRS LIMITED.

2. Information About Us

2.1 Our Site, www.getpyc.com, is owned and operated by PYC WHEELCHAIRS LIMITED, a limited company registered in England under 10116541, whose registered address is 204 Heath Street, Hednesford, Cannock, England, WS12 4BT.

3. How to Contact Us and Your Use of Our Contact Tools

3.1 To contact Us by email, please email Us at hey@pycupholstery.com or to contact Us by telephone, please call Us on 01543 738 554.
3.2 We provide the following Contact Tools for you to contact Us:

    • Contact form
    • Social media

3.3 When using Our Contact Tools or contacting Us by any other means, the following rules apply, and you must not communicate, submit, or otherwise do anything that:

    • is sexually explicit;
    • in any way sexualises minors (including, but not limited to, child sexual abuse material);
    • is obscene, deliberately offensive, hateful, or otherwise inflammatory;
    • promotes violence;
    • promotes, encourages, incites, or supports acts of terrorism;
    • promotes or assists in any form of unlawful activity;
    • is defamatory of another person;
    • bullies, insults, intimidates, or humiliates another person;
    • discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
    • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    • is calculated or otherwise likely to deceive;
    • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
    • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive [(obvious parodies are not included in this definition provided that they do not breach any of the other content standards in this Clause 3)];
    • implies any form of affiliation with Us or any other party where there is none;
    • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
    • is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.

3.4 We may monitor any and all communications made using Our Contact Tools.
3.5 Any personal information sent to Us, whether via Our Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.

4. Access to Our Site

4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.

5. Changes to Our Site

5.1 We may alter and update Our Site (or any part of it) at any time.

6. Changes to these Terms of Use

6.1 We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any changes made to these Terms of Use will apply to your use of Our Site the first time you use it after the changes have been implemented. You are advised to check this page every time you use Our Site.
6.2 If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

7. Accounts

7.1 Certain features on Our Site, including the ability to purchase goods from Us, may require an Account.
7.2 Only Users aged 16 or over may create an Account. If you are under the age of 16 and wish to use the features on Our Site that require an Account, your parent or guardian must create the Account for you and you may only use the Account with their supervision.
7.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.
7.4 We require that you choose a strong password for your Account.
7.5 It is your responsibility to keep your Account details safe. If you believe your Account is being used by someone else without your permission, please change your password immediately.
7.6 You must not use another person’s Account without their permission.
7.7 All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.
7.8 If you wish to delete your Account, you may do so at any time. If you delete your Account, you will no longer have access to the features on Our Site requiring an Account. Deleting your Account will result in the removal of your information from Our Site. For further details about the retention and deletion of personal data, please refer to Our Privacy Policy.
7.9 We may disable your Account if, in Our reasonable opinion, you have breached these Terms of Use (including, but not limited to, Our Acceptable Usage Policy).

8. International Users

8.1 Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

9. How You May Use Our Site and Content (Intellectual Property)

9.1 With the exception of User Content (please refer to Clause 10), all Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.2 Users retain the ownership of the copyright and all other intellectual property rights in their User Content (with the exception of any part of any User Content which is owned by a third party, in which case, Users must obtain express permission for such material to be used in the User Content). For information on the use of User Content, please refer to Clause 10.
9.3 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
9.4 You may print one copy and download extracts of any page(s) from Our Site for personal use only.
9.5 You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable.
9.6 Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.
9.7 Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.

10. User Content

10.1 User Content on Our Site includes reviews, comments, etc.
10.2 An Account is required for the submission of User Content to Our Site.
10.3 You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of your warranty. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
10.4 We are not responsible for any loss of User Content submitted to Our Site. It is your sole responsibility to secure and backup your User Content.
10.5 All User Content is considered non-confidential and non-proprietary.
10.6 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy.
10.7 We have the right to disclose your identity to a third party if that third party claims that any User Content submitted by you infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.
10.8 User Content is not approved or verified by Us before it is displayed on Our Site. The opinions, views, and values expressed in User Content on Our Site are those of the relevant Users and do not represent Our opinions, views, or values.
10.9 We do not store any terrorist content.
10.10 If you wish to make a complaint about any User Content, please contact Us using the details provided above in Clause 3.
10.11 If you wish to remove User Content, you may do so by contacting Us. Please note that caching or references to your User Content may not be made unavailable immediately and may not be made unavailable where they are outside of Our reasonable control.
10.12 User Content on Our Site and the copyright and other intellectual property rights in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
10.13 You (or your licensors, as appropriate) retain the ownership of your User Content and all associated intellectual property rights. When you submit User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferrable, royalty free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content to the extent necessary to operate Our Site.
10.14 In addition to the licence granted to Us under Clause 10.14, by submitting User Content to Our Site, Users grant each other the right to copy and quote their User Content within Our Site.

11. Links to Our Site

11.1 You may link to any page on Our Site.
11.2 Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
11.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
11.4 Your link should not use any logos or trademarks displayed on Our Site without Our express written permission.
11.5 You must not frame or embed Our Site on another website without Our express written permission.
11.6 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

12. Links to Other Sites

12.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
12.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

13. Disclaimers

13.1 Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be obtained before taking any action relating to your Physiological needs.
13.2 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale.
13.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

14. Our Liability

14.1 The provisions of this policy apply only to the use of Our Site and not to the sale of goods.
14.2 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
14.3 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
14.4 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
14.5 Our Site is intended for non-commercial use only. If you are a consumer, you agree that we shall have no liability to you for any business losses as set out above.

15. Viruses, Malware, and Security

15.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
15.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
15.3 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
15.4 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
15.5 By breaching the provisions of Parts 15.3 to 15.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

16. Acceptable Usage of Our Site

16.1 You may only use Our Site in a lawful manner:

16.1.1 You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
16.1.2 You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
16.1.3 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

16.2 If you fail to comply with the provisions of this Clause16 and/or Our Acceptable Usage Policy, you will be in breach of these Terms of Use. We may take one or more of the following actions in response:

16.2.1 Suspend or terminate your right to use Our Site;
16.2.2 Issue you with a written warning;
16.2.3 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
16.2.4 Take further legal action against you, as appropriate;
16.2.5 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
16.2.6 Any other actions which We deem reasonably appropriate (and lawful).
16.3 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Clause16.3) in response to your breach.

17. How We Use Your Personal Information

17.1 We will only use your personal information as set out in Our Privacy Policy.

18. Communications from Us

18.1 If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms of Use, or to your Account.
18.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 5 days for your request to take effect and you may continue to receive emails during that time.
18.3 For questions or complaints about communications from Us, please contact Us using the details above in Clause 3.

19. What Happens if We Transfer this Agreement to Another Party

19.1 We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. Your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.

20. Law and Jurisdiction

20.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause  20.1 takes away from or reduces your legal rights as a consumer.
20.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
20.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.