Terms & Conditions


    1. 1 Definitions: 

Bespoke Goods

means Goods provided in accordance with a Specification.

Business Day

means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Business Hours

means the period from 9.00 am to 5.00 pm on any Business Day.


means the terms and conditions set out in this document as amended from time to time in accordance with clause 21.


means the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.


means the person or firm who purchases the Goods from the Supplier.

Delivery Location

has the meaning given in clause 5.6.

Force Majeure Event

means an event, circumstance or cause beyond a party’s reasonable control including but not limited to limitation strikes or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack, war or threat or preparation for war, accidents, fire, explosion, storm flood, earthquake, subsidence, epidemic or any other natural disaster or adverse weather conditions.


means the goods (or any part of them) set out in the Order (to include Bespoke Goods).


means the Customer’s order for the Goods, as:

  1. set out in an email confirmation if placed via the Supplier’s website;
  2. set out in the Supplier’s  invoice or quotation (as appropriate); or 
  3. orally agreed between the Customer and Supplier.


means any specification for the manufacture of Bespoke Goods, including any related plans and drawings, that is agreed by the Customer and the Supplier.


means Stuart Mobility Limited registered in England and Wales with company number 09595130 whose registered office is at The Tax Partnership, 2 Cheapside, Derby, England, DE1 1BR.

 1.2  A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.3  A reference to a party includes its successors and permitted assigns.

1.4  A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.

1.5  Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

1.6  A reference to writing or written includes email.


2.1  These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2  The Supplier’s website is solely for the promotion of the Goods in the UK. Unfortunately, the Supplier cannot accept orders from or deliver to addresses outside England, Wales and Scotland (excluding the Scottish Highlands and Islands or Northern Ireland).

2.3  A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of thirty (30) Days from its date of issue, unless withdrawn by the Supplier at an earlier time.

2.4  The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.

2.5  The Customer can place an order for the Goods either:

2.5.1  online via the Supplier’s website www.stuartmobility.co.uk;

2.5.2  over the phone;

2.5.3  in person at either:

(a)  a home consultation; or

(b)  at the Supplier’s premises in Burton upon Trent.

2.6  The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.

2.7  The Order shall only be deemed to be accepted when the Supplier accepts the Order orally or in writing, at which point the Contract shall come into existence.

2.8  When an order has been submitted on the website, the Supplier can reject it for any reason.


3.1  The Goods are described in the Supplier’s website, and brochure as modified by any applicable Specification.

3.2  Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues, website or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them and are for illustrative purposes only. They shall not form part of the Contract nor have any contractual force. The Supplier has made every effort to display the colours accurately, but cannot guarantee that a device’s display of the colours or the printed pictures in the Supplier’s brochure accurately reflects the colour of the Goods. The Goods may vary slightly from those images.

3.3  To the extent that the Goods are to be manufactured in accordance with a Specification the Customer fully acknowledges and accepts that they are responsible for ensuring that the Specification is accurate and correct. The Customer can find information and tips on how to measure on the Supplier’s website, or by contacting the Supplier.

3.4  If the Goods are made to measurements the Customer or an advisor to the Customer has given to the Supplier, the Customer is responsible for ensuring that these measurements are correct.

3.5  In relation to Bespoke Goods and it is later acknowledged that the Specification contains a Customer error, such Goods are not available for return and or refund due to their bespoke nature.

3.6  The Supplier reserves the right to amend the Specification if required by any applicable statutory or

regulatory requirement, and the Supplier shall notify the Customer in any such event.

3.7 All Goods which are on the Supplier’s website are subject to availability.


4.1 The Supplier may make minor changes to the Goods:

4.1.1 to reflect changes in relevant laws and regulatory requirements; and

4.1.2 to implement minor technical adjustments and improvements.


5.1  At the time of the Order is placed, the Supplier shall provide the Customer with an estimated lead time. Lead times will vary depending on the availability of the Goods and could take longer for Bespoke Goods. The Supplier will contact the Customer approximately one (1) week before delivery to confirm the date and time of the delivery.

5.2  Any lead times quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

5.3  The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (“Delivery Location“) at any time after the Supplier notifies the Customer that the Goods are ready.

5.4  On the day of delivery, it is the Customer’s responsibility to ensure the Supplier’s delivery team can gain access to the room where the Goods shall be placed and that the area the Goods are to be placed is unobstructed.

5.5  Upon delivery, the Goods will be unpacked, and all packaging will be removed and taken away by the Supplier’s delivery team. The Goods will be demonstrated to the Customer, and the Customer shall be asked to inspect the Goods before the Supplier’s delivery team leaves to make sure the Customer is happy with the Goods and know how to use and look after it.

5.6  On occasions the Supplier may engage a third party agent to carry out delivery of the Goods.

5.7  If the Supplier is asked to make a delivery involving stairs an additional charge of £90 shall be charged and the Customer must inform the Supplier at the time of placing the Order. This could also increase the delivery lead time.

5.8  Delivery is completed on the completion of unloading of the Goods at the Delivery Location.

5.9  If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

5.10  If the Customer fails to take delivery of the Goods within three (3) Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract in respect of the Goods:

5.10.1  delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and

5.10.2  the Supplier shall store the Goods until actual delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

5.11  If ten Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken actual delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.


6.1  Upon delivery of the Goods, if the Customer has an old chairs on a like for like basis, the Supplier can (on a discretionary basis) arrange for the old chair to be taken away and where possible will be recycled or disposed of lawfully where this is not possible. There is a small service charge of £35 per chair.

6.2  The Supplier is unable to remove sofas or other types of furniture.


7.1  All of Goods come with a minimum twelve (12) months manufacturer’s guarantee. Please see the Supplier’s Warranty policy for more details.

7.2  The Supplier offers the Customer an extended warranty as the Supplier is an appointed representative of Castelan Group, a trading name of Castelan Limited who are authorised and regulated by the Financial Conduct Authority. The Customer can check the FCA’s Register by visiting the FCA’s website

www.fca.org.uk/register or by contacting the FCA on 0800 111 6768.

7.3  Subject to clause 7.4, if:

7.3.1  the Customer gives notice in writing to the Supplier within a reasonable time of discovery that some or all of the Goods do not comply with the guarantee set out in clause 7.1;

7.3.2  the Supplier is given a reasonable opportunity of examining such Goods; and

7.3.3  the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’s cost, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

7.4  The Supplier shall not be liable for the Goods’ failure to comply with the guarantee set out in clause 7.1 if:

7.4.1  the Customer makes any further use of such Goods after giving notice in accordance with clause 7.3;

7.4.2  the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;

7.4.3  the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer;

7.4.4  the Customer alters or repairs such Goods without the written consent of the Supplier;

7.4.5  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

7.4.6  the Goods differ from their description and any applicable Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

7.5  Except as provided in this clause 7, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the guarantee set out in clause 7.1.

7.6  The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

7.7  These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.


8.1 The risk in the Goods shall pass to the Customer on completion of delivery.

8.2  Title to the Goods shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.

8.3  Until title to the Goods has passed to the Customer, the Customer shall:

8.3.1  maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and

8.3.2  give the Supplier such information as the Supplier may reasonably require from time to time relating to:

(i)  the Goods; and

(ii)  the ongoing financial position of the Customer.


9.1  The price of the Goods shall be the price set out in the Order and shall be payable at the time the Order is accepted by the Supplier unless otherwise agreed between the Customer and Supplier.

9.2  Payment can be made by bank transfer, cash, cheque, credit or debit card. The Supplier does not accept Diners Club or American Express.

9.3  Cards payments on the Supplier’s website are processed either through the PayPal Secure Payment System, Stripe, or Klarna. Payments in person and over the phone are processed through WorldPay.

9.4  The prices shown on the website are only applicable to purchases made via the website. On occasions, the prices payable and promotions offered online may differ from those prices and promotions offered at the same time at a home consultation. The Supplier is under no obligation to honour any price or promotion that differs from those online. Similarly, a home consultation is under no obligation to honour any online price or promotion.

9.5  Special Offers and promotions advertised in the press or other media may be excluded from the site unless specifically advertised as available online. All offers are subject to availability and while stocks last. This includes all offers advertised via official Stuart Mobility social media channels.

9.6  Offers cannot be used in conjunction with one another. Where more than one offer is available on the same Goods only one discount will apply. The offer giving the greatest saving will be applied in the basket. Equally, voucher code offers cannot be used in conjunction with any other promotional offer.

9.7  The Supplier may, by giving notice to the Customer at any time up to seven Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:

9.7.1  any factor beyond the Supplier’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);

9.7.2  any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or

9.7.3  any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.

9.8  The price of the Goods, unless otherwise clearly stated excludes amounts in respect of value added tax (“VAT“), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate, subject to the receipt of a valid VAT invoice.

9.9  The price of the Goods includes delivery, installation, demonstration, and the removal of all packaging as standard.

9.10  The Customer shall pay each invoice submitted by the Supplier in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract.

9.11  If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies under clause 13, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 9.11 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

9.12  All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

10. VAT

10.1  Individuals who are chronically sick or disabled and for whom the Goods are for personal use, along with charities where the Goods are made available to a disabled person for their own personal or domestic use, may be eligible for VAT exemption.

10.2  If the Customer qualifies for a VAT exemption then the Customer must complete a VAT exemption declaration, stating the precise medical condition at the time the Order is placed. Assuming the Customer meets these criteria, VAT will not be added unless a particular Good has compulsory VAT.

10.3  Completed VAT Exemption Declarations by the Customers are accepted as prima facie evidence by the Company that a valid medical condition exists for exemption under The VAT Act, and no VAT will be charged on the goods purchased.

10.4  If, at a later date, HMRC disputes the validity of the medical condition, the Customer shall be liable to pay the appropriate VAT that should have been applied.

10.5  Under these circumstances, the Supplier reserves the right to demand that the Customer pay the VAT amount that is due.


11.1  The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess liability.

11.2  References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

11.3  Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

11.3.1  death or personal injury caused by negligence;

11.3.2  fraud or fraudulent misrepresentation;

11.3.3  breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

11.3.4  defective Goods under the Consumer Protection Act 1987.

11.4  Subject to clause 11.3, the Supplier’s total liability to the Customer shall not exceed the amount the Customer has paid under the Contract.

11.5  Subject to clause 11.3, the following types of loss are wholly excluded:

11.5.1  loss of profits;

11.5.2  loss of sales or business;

11.5.3  loss of agreements or contracts;

11.5.4  loss of anticipated savings;

11.5.5  loss of use or corruption of software, data or information;

11.5.6  loss of or damage to goodwill; and

11.5.7  indirect or consequential loss.


12.1 The Supplier’s website is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to the Customer or to any other individual. Through the website the Supplier provides general information for educational purposes only. The information provided in this site is not a substitute for medical or professional care, and the Customer should not use the information in place of a visit, call consultation or the advice of the Customer’s physician or other healthcare provider.

12.2 The Supplier is not liable or responsible for any advice, course of treatment, diagnosis or any other information or services the Customer obtains through this site or any communications by the company by email or letter.

12.3 This clause 11 shall survive termination of the Contract.


13.1 Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:

13.1.1  fails to pay any amount due under the Contract on the due date for payment;

13.1.2  the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within thirty (30) days of that party being notified in writing to do so;

13.1.3  the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

13.1.4  the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or

13.1.5  the Customer does not, within a reasonable time, allow the Supplier to deliver the Goods to the Customer;

13.1.6  the Customer does not, within a reasonable time, allow the Supplier access to the Delivery Location to deliver the Goods;

13.1.7  the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.

13.2 Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 13.1.3 to clause 13.1.7, or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

13.3 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt.

13.4  Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

13.5  Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.


14.1  All parties agree and acknowledge that Bespoke Goods cannot be returned or refunded.

14.2  If the Customer has any questions or complaints about the Goods, the Customer must contact the Supplier as follows:

14.2.1  by post addressed to Customer Services, Stuart Mobility, Unit 18 Windsor Industrial Unit, Hawkins Lane, Burton on Trent DE14 1QF

14.2.2  by calling on 01283 704071;

14.2.3  by emailing at sales@stuartmobility.co.uk;

14.3  If the Customer is not satisfied with the outcome of the complaint, the Customer is entitled to pursue alternative dispute resolution by referring the complaint to the BHTA, Suite 4,6, 4th Floor, The Loom, 14 Gower’s Walk, London, E1 8PY via:

14.3.1  Telephone number 0207 702 2141

14.3.2  Email address is info@bhta.com

14.4  Stuart Mobility is a member of the British Healthcare Trades Association and must comply with their Code of Practice which is approved by the Trading Standards Institute under its Consumer Codes Approval Scheme. The code can be found on their website www.BHTA.com.

14.5  Subject to clause 3.5, if the Customer wishes to exercise their legal right to reject the Goods the Customer must allow the Supplier to collect them. The Supplier reserves the right to charge the Customer £90 for collection of the Goods.


15.1 The Supplier shall use the personal information provided by the Customer:

15.1.1  to supply the Goods;

15.1.2  to process the payment for the Goods; and

15.1.3  if the Customer agreed to this during the order process, to inform the Customer about similar

Goods that the Supplier provided, but the Customer may stop receiving these at any time by contacting the Supplier.

15.2  The Supplier retains and uses all information strictly under the Privacy Policy. The Supplier may contact the Customer by using email or other electronic communications and by pre-paid post and the Customer expressly agrees to this.

15.3  The Supplier will only give the Customer’s personal information to third parties where the law either requires or allows the Supplier to do so.


16.1 Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from a Force Majeure Event. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for six (6) weeks, the party not affected may terminate the Contract by giving twenty (20) days’ written notice to the affected party.


17.1  The Supplier may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.

17.2  The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.


18.1  Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party, except as permitted by clause 18.2.

18.2  Each party may disclose the other party’s confidential information:

18.2.1  to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 18; and

18.2.2  as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

18.3 Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.


19.1  The Contract constitutes the entire agreement between the parties.

19.2  Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.


20.1 No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).


21.1  Except as set out in clause 2.4, waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

21.2  A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.


22.1 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this clause 22 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.


23.1  Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

23.1.1  delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

23.1.2  sent by email to the following addresses (or an address substituted in writing by the party to be served):

Supplier: info@stuartmobility.co.uk

Customer: the email supplied by the Customer at the time the Order is placed.

23.2  Any notice shall be deemed to have been received:

23.2.1  if delivered by hand, at the time the notice is left at the proper address;

23.2.2  if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

23.2.3  if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.

23.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.


24.1  The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

24.2  The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.


25.1 The Contract, and any dispute or claim (including non- contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.


26.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

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