This document is available in larger print on request. Please call on: 0344 893 6962
These Terms will apply to the agreement between us for the hire of the equipment ("Products") and the provision of the services ("the Services") set out in the agreement (together making up the Hire Agreement). Please read these Terms carefully and make sure that you understand them, before entering into a Hire Agreement with us.
These Terms, and any Hire Agreement to which they apply, are only in the English language.
1. INFORMATION ABOUT US
1.1 We are Nottingham Rehab Limited (trading as NRS Healthcare), a company registered in England and Wales under company number 01948041 and with our registered office and main trading address at Sherwood House, Cartwright Way, Forest Business Park, Bardon Hill, Coalville, Leicestershire LE67 1UB. Our VAT number is GB156 9195 71.
2.1 In order to receive the Services, you will need to have appropriate Products.
We will supply the Products to you under a hire agreement. You will pay monthly payments by direct debit) which include an allowance for the hire of the Products and an allowance for the receipt of the Services.
2.2 At no time will you own the Products.
2.4 When we stop providing Services to you, you must allow us to collect the Products from you. Under no circumstances should the Products be returned directly via a third party carrier. Should you do so, we will not be responsible for any loss or damage which occurs in transit. If Products returned directly by you are lost or damaged in transit, we reserve the right to recover the full value of those lost or damaged items from you.
2.5 We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products through the Website, please note that:
i) all prices are displayed in pounds Sterling
ii) packaging may vary from that shown on the Website;
iii) whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
3. OUR SERVICES (together making up "the Services")
In order to receive our Services, the Products will need to be installed. The Products will be delivered and installed by a trained technician. To receive the Services, you must:
(i) Have in place a telephone land line to which the Products will be connected. It is your responsibility to pay for and maintain that line throughout the time that the Services are being provided. We will not be liable for the provision of the Services during any time when the telephone line is not in place or working.
3.2 Monitoring and Maintenance
3.2.1 We will provide to you the following monitoring service or such other service and facilities as we consider appropriate from time to time to monitor alarm calls made by you (“the Monitoring Service”).
(a) We will provide a service to receive alarm calls sent by you by means of the alarm calls facility of the Products.
(b) As soon as is practicable after it has been received we will relay the alarm call at our discretion to your named emergency contact.
(c) We may also, at our absolute discretion, supply anybody we notify with details of your nominated respondent(s) and/or your personal circumstances.
(d) We will base the exercise of our discretion on our understanding of the degree of the emergency of each case following verbal contact with you and on the details of your personal circumstances. In exercising our discretion, we shall also be entitled to take into account all other relevant information known to us.
(e) If we cannot establish verbal contact with you, we will treat the alarm call as a request to notify the appropriate emergency contact
(f) We will at all times be acting solely as your agent in notifying any emergency contact. This means that we accept no liability for any consequences following a request for assistance made by us following an alarm call, including charges made by an emergency service or emergency contact.
(g) Our obligations under the Monitoring Service shall not under any circumstances extend beyond the obligation to receive and relay alarm calls as set out above. We shall not be liable directly or indirectly for the failure of any third party (e.g. any emergency service, emergency contact, respondent or doctor) to respond appropriately when we notify them of the alarm call.
(h) We will treat all information received by us relating to you or your keyholder and emergency contacts as confidential but we reserve the right to disclose this information about you if we think fit to any respondent, emergency contact, local authority or emergency service in connection with the Monitoring Service.
(i) We reserve the right to disclose personal information to third party subcontractors, including information technology providers and business process outsourcing providers, in order to help support our business operations and deliver the Services to you.
(j) You must not abuse or permit any other person to abuse the Monitoring Service by making persistent calls without reasonable cause.
(k) You must keep us fully informed of any changes to your personal information.
(l) You must notify us of any details we request concerning emergency contacts and respondents who may be contacted by us under the Monitoring Service in an emergency and to any changes of them. You must ensure that the persons you name as emergency contacts and respondents are aware that they have been so named and that they agree with their name being used for this purpose. We may terminate the services to you if you do not keep this information up to date.
3.2.2 In the unlikely event of the Products developing a fault, we will provide to you a remedial maintenance service to maintain the Products in satisfactory operating condition including the replacement of all unserviceable parts or components (“the Maintenance Service”). Equipment faults defined as critical (“urgent faults”) will be rectified within 24 hours of receipt of a service call and will be available seven days a week including public and statutory holidays. Non critical equipment faults (“non urgent faults”) will be rectified within 10 calendar days.
3.2.3 PARTS OR COMPONENTS SUPPLIED
(a) Except as otherwise provided in these Terms no charge will be made by us for this Service in respect of labour or parts supplied to replace parts which are defective, faulty or otherwise unserviceable. For the avoidance of doubt, this excludes the replacement of batteries for which a charge will be levied covering the supply of both labour and parts.
(b) The Maintenance Service does not cover the cost of repairs to or replacement of the Products which is caused by: -
(i) damage, defect, fault or other failure caused by the use of the Product in
conjunction with additions, accessories or attachments not supplied by Us.
(ii) damage, defect, fault or other failure caused by your negligence or improper use
of the Products
(c) You must call for the Maintenance Service as soon as you notice any damage, defect, fault or other failure in the Products. You must not allow any person other than our employees or agents to adjust, alter, repair or interfere with the Products in any way.
(d) You must not abuse or permit any person to abuse the Maintenance Service in any way and in particular shall not make unnecessary service requests or cause a service visit to be cancelled by not providing access to the Products when we visit to carry out the Maintenance Service. We may charge you all or part of the costs of a visit if you do not allow us access to the Products when we carry out a service visit or where, in our reasonable opinion, the service request was unnecessary.
4. HOW WE USE YOUR PERSONAL INFORMATION
Nottingham Rehab Limited (trading as NRS Healthcare) of Sherwood House, Cartwright Way, Forest Business Park, Bardon Hill, Coalville, Leicestershire LE67 1UB is the data controller for the purpose of the Data Protection Act 1998.
By proceeding to use our service you agree that we may process the personal data
5. CONSUMER RIGHTS
This clause 5 applies to you as a consumer.
5.1 As a consumer, you have legal rights in relation to the Products and Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. HOW THE HIRE AGREEMENT IS FORMED BETWEEN YOU AND US
6.1 To place an order for services with us, please visit www.nrstelecare.co.uk
6.2 When you submit an order to us, it does not mean that we have
accepted your order for the Products and Services. Our acceptance of your order will take place as described in clause 6.4. If we are unable to supply you with the Products and Services, we will inform you of this in writing and we will not process your order.
6.3 After you place an order, you will receive an e-mail or letter from us
acknowledging that we have received your order and, if necessary, asking you to provide us with further information. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4. PLEASE NOTE THAT WE MAY BE UNABLE TO PROVIDE PRODUCTS AND SERVICES TO YOU UNTIL YOU PROVIDE US WITH THE FURTHER INFORMATION THAT WE REQUEST.
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase Products and Services from us. Our acceptance of your order will take place only when we sign the Hire Agreement and despatch the Product(s) that you ordered from us. We will confirm our acceptance of your order by sending you an e-mail or letter (Order Confirmation).
6.4 If we are unable to supply you with Products or Services, for example because the Product(s) needed to receive that Service are not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail or letter and we will not process your order.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in respect of: (a) changes in how we accept payment from you; (b) changes in relevant laws and regulatory requirements; or (c) other circumstances where we think that it is of benefit to the way that we supply our Products and Services.
7.2 If we have to revise these Terms as they apply to an ongoing Hire Agreement between us, we will contact you to give you reasonable advance notice of the changes. If you are not happy with the changes, you may terminate the Hire Agreement by giving us 1 months’ notice in the way set out in clause 16.3 and the changes will not apply to the Hire Agreement.
8. YOUR CONSUMER RIGHT OF REFUND
This clause 8 only applies to you as a consumer.
8.1 As a consumer, you have a legal right to cancel a Hire Agreement without giving any reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to receive the Services, you can notify us of your decision to cancel the Hire Agreement and receive a refund. Advice about your legal right to cancel the Hire Agreement under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right may not apply once we have started to perform the Services with your agreement.
8.3 Your legal right to cancel a Hire Agreement starts from the date of despatch of Products, which is when the Hire Agreement between us is formed. Your right to cancel ends 14 days after the date on which you receive the Products.
8.4 To cancel a Hire Agreement, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form set out in clause 8.12 below, but you are not obliged to do so. Please contact us in writing to tell us that you have decided to cancel. This can be done in any effective way, including by
(b) by sending or hand-delivering a letter to Nottingham Rehab Limited (trading as NRS Healthcare), Sherwood House, Cartwright Way, Forest Business Park, Bardon Hill, Coalville, Leicestershire LE67 1UB
You may wish to keep a copy of your cancellation notification for your own records.
If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you hand deliver your cancellation notice, then your cancellation is effective from the date that you leave it at our premises.
To meet the cancellation deadline, it is enough that you have sent your cancellation notification before the end of the cancellation period.
8.5 You will receive a full refund of the price you paid for the Products and Services and any other charges you paid. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4, although we may withhold the refund until we have received the Products back or you have provided evidence that you have sent them back to us or had them collected by us, whichever is the earliest. If the Products have been collected by us because they were faulty, please see clause 8.6.
8.6 If you have returned the Products to us or had them collected by us under this clause 8 because they are faulty, we will refund the price of any cancelled Service in full, any applicable registration charges, and any reasonable costs you incur in returning the Product.
8.7 We refund you on the credit card or debit card used by you to pay for our services.
8.8 If the Products were delivered to you:
(a) you must return the Products to us without undue delay and in any event not later than 14 days after the day on which you let us know that you want to cancel the Contract. We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Products are faulty (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. In the event of a cancellation you will have to bear the direct cost of returning the Products. The cost of NRS Healthcare collecting equipment to be returned would typically be £25 + VAT. Products should be returned complete and in original product packaging (if originally supplied in original product packaging);
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in clause 8.4.
8.10 Because you are a consumer, we are under a legal duty to supply Products that conform with the Contract. This means that we must provide you with Products that match what is written in these Terms.
8.11 As a consumer, you will always have legal rights in relation to Products that are faulty. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.12 The cancellation form is as follows:
Model Cancellation Form
To: Nottingham Rehab Limited (trading as NRS Healthcare), Sherwood House, Cartwright Way, Forest Business Park, Bardon Hill, Coalville, Leicestershire. LE67 1UB
I/We hereby give you notice that I/We cancel my/our contract for the supply of the
following Products and Services ordered on [insert date of order]
[INSERT NAME OF SERVICE / ORDER NUMBER]
[INSERT YOUR NAME]
[INSERT YOUR ADDRESS]
[YOUR SIGNATURE] only necessary if this form is notified on paper
9.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery and installation.
9.4 The Products will be your responsibility from the completion of delivery. You must follow any advice we give you to keep the Products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to Products we have supplied which is caused by your failure to follow this advice.
10. NO INTERNATIONAL DELIVERY
10.1 Unfortunately, we do not deliver to addresses outside the UK.
10.2 You may place an order for Products and Services from outside the UK, but this order must be for delivery within the UK.
11. PRICE OF SERVICES AND REGISTRATION CHARGES
11.1 The prices of the Products and Services will be as set out on the front page of the Hire Agreement.
11.2 The price of the Products and Services stated on the front page of the Hire Agreement includes VAT where applicable. VAT will be charged at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products and Services in full before the change in VAT takes effect.
11.3 We will charge VAT in accordance with clause 11.2 unless you are eligible for relief from VAT.
11.4 Members of the public with chronic illness or disability may be subject to VAT exemption on certain Products. Where you are eligible for relief and wish to claim it you must complete a declaration in a form acceptable to HM Revenue & Customs confirming that you fulfil all the criteria for eligibility. The declaration must be made separately from your order for the Products and Services that you require. Information regarding your VAT status will be captured as part of the online order process and will be retained by NRS Healthcare. Claims for VAT exemption cannot be taken over the telephone. We regret VAT cannot be credited at a later date if the required VAT exemption declaration is not received at the time your order is placed.
12. HOW TO PAY
12.1 An upfront one off payment for delivery and installation will be payable immediately on placing your order. During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed. All card payments are subject to authorisation by your card issuer. Payment must be made at time of ordering by credit/debit card or PayPal.
12.2 You must pay the monthly charges for the Products and Services by direct debit. You agree that you will take all reasonable steps to assist us in collecting the monthly charges by direct debit, including giving appropriate details to us to enable us to set up the appropriate arrangements with your bank and instructing your bank to make such direct debit payments on our request. IF YOU CANCEL THE DIRECT DEBIT BEFORE THE HIRE AGREEMENT HAS BEEN TERMINATED, YOU WILL STILL BE LIABLE TO PAY ALL PAYMENTS DUE UNDER THE HIRE AGREEMENT UNTIL IT HAS BEEN PROPERLY TERMINATED. You must ensure that there is an appropriate amount in your bank account to pay the direct debits as they fall due, otherwise we will charge you any additional costs that we incur. The first monthly payment will be taken in the month following that in which the Products and Services are supplied.
13. OUR WARRANTY FOR THE PRODUCTS
13.1 On delivery, the Products shall be free from material defects.
13.2 As a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 14 applies to you as a consumer. We will not sell to you using these Terms if you are a business.
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Hire Agreement.
14.2 We only supply the Products and Services for domestic and private use. You agree not to use the Products or Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
15. LIMITATIONS AND EVENTS OUTSIDE OUR CONTROL
15.1 We shall not be liable for any failure or delay in providing Products and Services where such failure or delay is caused by:-
(a) Your failure to provide us with accurate details regarding the emergency contacts or respondents to be contacted in the event of an alarm call;
(b) Your failure to notify us of any changes concerning your personal circumstances or the emergency contacts or respondents to be contacted in the event of an alarm call;
(c) Your failure to keep the Products in working order, which includes your failure to notify us of defects where you receive the Maintenance Service from us; or
(d) Any other breach by you of these terms and conditions.
15.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Hire Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.3.
15.3 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.4 If an Event Outside Our Control takes place that affects the performance of our obligations under a Hire Agreement:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under a Hire Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products and Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. TERMINATION OF SERVICES
16.1 After giving you a default notice, where we are required to do so, we may terminate the Hire Agreement where:
(a) We are unable to collect the direct debit on the day it falls due;
(b) You abuse the Services by making persistent unnecessary calls;
(c) You do not keep up to date the details of your emergency contacts and respondents;
(d) You do not allow our staff access to the Products to carry out the Maintenance Service; or
(e) You are in breach of any other of these Terms.
16.2 We may also terminate the Hire Agreement by giving you 1 month’s written notice that we will no longer provide the Products and Services.
16.3 You may terminate the Hire Agreement by giving us 1 months written notice that you no longer want us to provide the Products and Services.
16.5 Where either of us ends the Hire Agreement by giving notice to the other, your obligation to pay for the Products and Services and our obligation to provide them will end at the end of the notice period, but until then they will continue.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to "in writing", this will include e-mail.
17.2 To cancel a Hire Agreement in accordance with your legal right to do so as set out in clause 8, you can send your cancellation to us by any effective means, including:
(a) by post to Nottingham Rehab Limited (trading as NRS Healthcare), Sherwood House, Cartwright Way, Forest Business Park, Bardon Hill, Coalville, Leicestershire LE67 1UB
(c) by hand-delivering the cancellation to Nottingham Rehab Limited (trading as NRS Healthcare), Sherwood House, Cartwright Way, Forest Business Park, Bardon Hill, Coalville, Leicestershire LE67 1UB;
You may wish to keep a copy of your cancellation notification for your own records.
17.3 If you send us your cancellation notice
(a) by post, then your cancellation is effective from the day on which it was posted;
(b) by e-mail, then your cancellation is effective from the day you sent us the e- mail; or
(c) by hand-delivery, then your cancellation is effective from the day on which it was left at our premises.
17.4 To report a fault and to request us to provide Maintenance, please contact our Customer Services telephone line on 0344 893 6962.
17.6 If we have to contact you, or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
17.7 We may record any telephone conversations between us in accordance with guidelines issued by the Telecare Services Association.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Hire Agreement to another organisation, but this will not affect your rights or our obligations.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased the Services for use by someone else, you may transfer the benefit of our warranty in clause 13 to them without needing to ask our consent.
18.3 This Hire Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 None of our employees or agents are authorised to make any alteration to these Terms or to waive or vary them in any way.
18.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. 1f we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.7 As you are a consumer, please note that these Terms are governed by English law. This means the Hire Agreement and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.3 If you have completed this Hire Agreement entirely online, you can also make a complaint via the European Commission's online disputes platform by using the following link: http://ec.europa.eu/odr.
20. SUPERVISORY AUTHORITY
Nottingham Rehab Limited, trading as NRS Healthcare, is authorised and regulated by the Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS. The Financial Conduct Authority is the supervisory authority under the Consumer Credit Act 1974.