TERMS OF SERVICE

OVERVIEW

This website is operated by CUSTOM CRUTCHES. Throughout the site, the terms “we”, “us” and “our” refer to CUSTOM CRUTCHES. CUSTOM CRUTCHES offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall CUSTOM CRUTCHES, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless CUSTOM CRUTCHES and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 25 Wellington Park Mews, Moira, BT67 0UQ, United Kingdom.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@customcrutches.co.uk.

BREXIT UPDATE – CHANGES IN DUTIES AND TAXES

As the UK has now exited the European Union there have been some changes to the import and export of goods to and from the UK and EU countries. Custom Crutches will continue to perform their functions in line with the UK sales process and requirements in terms of VAT Relief and postage costs. Custom Crutches will not be responsible for any local taxes or duties imposed by the country of import. These extra charges cannot be avoided under the new Brexit rules and are imposed by the government of the country in question. Some items may still qualify for a zero VAT rating and are exempt from import duty, please consult your local tax office, revenue or government for more information.

Customers in Ireland can refer to the following links for more information on current VAT rates for crutches

https://www.revenue.ie/en/vat/vat-rates/search-vat-rates/C/crutches-medicine-medical-equipment-and-appliances-.aspx

National and/or EU rules sets certain limits to how and when you may share customer-identifying information with Klarna. EU regulations state that the customer must have clicked the Klarna option before the Merchant shares any such information. Basically this means you share privacy data when the customers actively chooses the Klarna option in your checkout and Klarna’s widget is shown, not before. Our default setup complies with EU regulations. If you operate in another jurisdiction, you must check what kind of setup is permitted before you do the integration.

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

• Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United Kingdom, Germany, Sweden, Norway, Denmarkand Finland.

The payment methods Pay in 30 days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Financing.

Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

Pay Later in 30 days Terms and Conditions

Thank you for choosing to shop with Klarna.

This is a credit agreement between you and us. When we use ‘us’, ‘we’ or ‘our’ in this document, we mean Klarna Bank AB UK Branch. When we use ‘you’ in this document, we mean anyone who has bought something using Pay Later in 30 days (“Pay Later”) with Klarna. 

Section 8 “Do you charge late fees?” applies to Pay Later credit agreements made on or after 16 March 2023. This section does not apply to Pay Later credit agreements made before this date.

1. Who can use Pay Later?

You must be a UK resident, over 18 years old and have a valid payment card to use Pay Later. When we say ‘valid payment card’, we mean the card must be in your name, and must not have expired. You should also make sure the card you use has enough money available to cover your payment. 

Pay Later is a credit product. It’s our decision whether or not we start a credit agreement with you.

2. How do I Pay Later?

With Pay Later, you can pay for something you buy up to 30 days from the order placement or shipment of your goods or when services you have purchased become available. We will send you a payment reminder with details on how to make payment to us directly, or if you have opted in for autopay notify you of any upcoming payments that will be withdrawn on due date. If you’d like to pay off your balance before the 30 days is up you can make a payment early through the Klarna App by paying by card immediately.

3. When it’s time to pay, which cards does Klarna accept?

Klarna accepts most cards except prepaid cards. We’ll let you know at checkout if your card hasn’t been accepted.

4. What if something goes wrong?

Klarna offers consumers Buyer Protection which means for example that you as a consumer do not have to pay for the ordered goods until you have received them, and that Klarna will assist you with problems related to your purchase.

For more information and instructions please go to: https://www.klarna.com/uk/buyer-protection-description/.

5. What happens if I cancel my purchase?

If you cancel your purchase, we’ll cancel your outstanding payment that’s due. If you want to return part of your order, you’ll only have to pay for the goods you want to keep.

6. What happens if I fail to pay for my purchase?

It is important that you complete your payment for your purchase no later than on the communicated due date. You can manually make a payment in the Klarna App using your card.

If you have opted in for autopay, Klarna will try to automatically withdraw the amount due on the due date. Klarna will notify you prior to the upcoming payment. If we can’t take the payment from your card, we’ll let you know, and try again one more time to take the money. We’ll let you know when we’re going to try again, so you’ll have plenty of time to put some money onto your card to make the payment.

If we can’t take the money from your card on the due date or on when we try again 7 days later, we will ask you to pay the outstanding amount directly in full. If you do not pay, we may use a debt collection agency to collect the money for us. A debt collection agency is an FCA regulated company used by Klarna to recover funds that are overdue. 

Klarna will always get in touch with you before attempting to collect a payment from your card. We will also contact you if we plan to use a debt collection agency to recover the outstanding amount.

Not paying on time might also mean you can’t use Klarna credit products in the future. We will report information to credit reference agencies about the payments you make, and about any payments that you fail to make on time. Borrowing more than you can afford or paying late may negatively impact your financial status and ability to obtain credit from Klarna and other lenders in the future. 

7. Will using Pay Later affect my credit score?

No. We might carry out a limited credit search on you at a credit reference agency. This is a ‘soft credit check’, and won’t affect your credit score, or your chances of using credit in the future. You’ll be able to see it on your credit file, but no one else will. 

We will report information to credit reference agencies about the payments you make, and about any payments that you fail to make on time. Failure to pay on time might affect your ability to obtain credit in the future from Klarna and other lenders. More information about reporting to credit reference agencies can be found in Klarna’s Privacy Notice.

8. Do you charge late fees?

We will charge you a late fee if you do not pay us within 7 days after your payment is due. If you have opted into autopay, we’ll retry to charge your card once within this time. If we are not able to collect payment from you after the retry or you do not pay us manually then a late fee will be applied. You will not be charged a late fee if we collect payment or you pay us before then. 

We’ll send you plenty of friendly reminders so you can make sure you’ve got enough money on your card before we collect payment from you or so you don’t miss your due date. 

If your order is over £20, we will charge you a late fee of £5. If you only receive part of your order and the total value is £20 or less, the late fee will only be 25% of the purchase price of the order. For example, if your order’s total value is £16, you will be charged a £4 late fee, which is 25% of £16. 

You will only be charged a maximum of two late fees per Pay Later order. We won’t charge you a late fee if you have less than £1 left to pay.

We may delay or decide not to charge you late fees. If we do not enforce our rights against you for late fees, this will not stop us enforcing those rights at a later date. If you think late fees have been charged in error, please contact Klarna Customer Services.

9. How does Klarna use my personal data?

We use your personal data to identify you and to carry out customer analysis, credit assessments, credit reporting to credit reference agencies, marketing and business development. We might also share your data with some partners (such as credit reference bureaus), which might be based outside of the UK.

Please see our Privacy Notice here for more information about your rights, how you can get in touch with us, or to complain. By using Klarna’s services you confirm that you’ve read this notice.

10. How do I make a complaint?

You can make a complaint through our customer service webpage using our live chat feature, or by calling us on (+44) 0808 189 3333. We try to handle all complaints as quickly and smoothly as possible. 

If you’re not happy with our response, you can contact Klarna’s Complaints Adjudicator. Use the form provided alongside your final response. 

You can find our full complaints information here. 

11. Transfer of rights

This is a credit agreement between you and us. You can’t transfer your rights or obligations to anyone else unless you get our permission first. 

We can transfer these terms, or any rights and obligations you have under them, at any time. We don’t need to ask for your consent to do this, unless transferring would harm your rights and responsibilities. This means we have the right to transfer the credit agreement to another provider without asking you.

12. Klarna

Klarna Bank AB UK Branch is a branch of Klarna Bank AB which is authorised and regulated by the Swedish Financial Services Authority. Klarna is authorised by the Prudential Regulation Authority. It is subject to regulation by the Financial Conduct Authority and limited regulation by the Prudential Regulation Authority. Details of the Temporary Permissions Regime, which allows EEA-based firms to operate in the UK for a limited period while seeking full authorisation, are available on the Financial Conduct Authority’s website. Klarna Bank AB offers both regulated and unregulated products. Klarna’s Pay in 3 instalments and Pay in 30 days agreements are not regulated by the FCA. Klarna Bank AB UK Branch’s number is BR020956 and its address is Aviation House, 125 Kingsway, Holborn, London, WC2B 6NH, United Kingdom, with FCA reference number 536065. Klarna Bank AB’s headquarters are at Sveavägen 46, 111 34, Stockholm, Sweden, registered in the Swedish Commercial Register under registration number 556737-0431.

For further information about Klarna, go to: https://www.klarna.com/uk/