Terms and Conditions of supply

Please note, this website is transactional in the United Kingdom only. Any reference to transactions, warranty, or returns therefore refer only to visitors from the United Kingdom.

Last Updated 14/06/2024

This page (together with our Privacy Policy and Terms of Website Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract) to the exclusion of all other terms including that you have put forward. Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from us.

You should print a copy of these Terms for future reference.
We may amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 23/04/2021. These Terms, and any Contract between us, are only in the English language.

These Terms, and any Contract between us, are only in the English language.

1. Information About Us

1. SunTech UK Limited t/a eFoldi (referred to in these terms as “we” or “us”) operate the website www.efoldi.com, it is a company registered in England and Wales under company number 06906908 and with our registered office and trading address at 25 Ormside Way, Redhill, Surrey, RH1 2LW. Our VAT number is 251 031 067.

2. To contact us, please see our Contact Us page.

2. Our Products

1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images and specifications due to manufacturing tolerances.

2. The packaging of the Products may vary from that shown on images on our site.

3. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3. Use of Our Site

Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.

4. How We Use Your Personal Information

We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

5. If You Are a Consumer

This clause 5 only applies if you are a consumer.

1. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

2. As a consumer, you have 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. Nothing in these Terms will affect these legal rights.

3. Please also see clauses 9 and 16 below, as these contain important terms for consumers.

6. If You Are a Business Customer

This clause 6 only applies if you are a business customer (i.e. anybody other than a consumer for consumer law purposes).

1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

2. If you are purchasing the Products for resale, you must become authorised by us as a dealer. We reserve the right not to authorise anybody as a dealer and to revoke any authorisation at any time. You are not permitted to re-sell the Products unless you are authorised by us as a dealer. We need to do this in order to ensure that our Products are only sold by appropriate businesses who will respect the Products, their customers and our brand.

3. If you have an open credit terms account with us:

• a) We retain title to all goods until you have paid in full for the products supplied;
• b) You grant us the irrevocable right for us or our nominees to enter your premises to take possession of any of our Products that have not been paid for in full; and
• c) We may alter or withdraw any credit at any time.

4. You may sell a Product to your own customer even if title in it has not yet vested in you, provided that you hold all proceeds of sale on trust for us until we have been paid in full

5. In respect of any late payment after the invoice is due, we reserve the right to charge interest at the statutory rate of interest per annum plus the Bank of England base rate per annum on the number of days overdue plus applicable debt and administration charges until such time as the outstanding debt is paid, before and after judgment.

6. Unless you have entered a distribution agreement with us, your purchases are one-off purchases and there is no binding contract for the ongoing sale of Products between us, regardless of how long you have been buying from us. Accordingly, we can decline any order for products from you for any or no reason.

7. You must not make any warranty or other statement about us or our Products beyond those contained in our publicly available promotional materials from time to time. You must not do or say anything that might adversely affect us or our reputation.

8. You may only use our trade marks, product names and promotional materials to the extent necessary for your sale of the Products, provided that:

• a) You may not register any trade mark, domain name, social media account or anything similar incorporating any of our trade marks or product names
• b) You must not alter our trade marks, product names or promotional materials in any respect (except you will be responsible to translate our technical manuals to your local language in order to meet any local compliance requirements when selling to end consumers); and
• c) You will stop all use of all such items immediately if you stop selling our Products or otherwise cease to be an authorised dealer, and return all hard copy materials bearing such items to us or destroy them.

9. You may only sell the Products to end users and not sell the Products for onwards sale by another commercial enterprise other than with our prior specific written consent.

10. You may not actively try to sell the Products into any territory where we might notify you from time to time that we have appointed an exclusive distributor.

11. If you sell via a third party platform/website/similar/other media platform, you must ensure that end-customers do not view the sale environment through a site carrying the name or logo of the third party platform/website/similar/other media platform

12. You must not make any alterations to the Products or their packaging.

13. You must carry insurance appropriate to your business, including product liability and public liability.

14. As a member of the British Healthcare Trades Association (BHTA). We follow their guidance in respect of the BHTA requires that, in the context of the supply of products such as mobility scooters and power chairs, a full assessment of the customer’s ability, well-being, environment and activities be carried out in order to identify an appropriate product, and that a record of the ‘in-person’ assessment be retained by the retailer and made available to the customer on request. The BHTA also requires that tuition in the control of mobility vehicles should be given at the time of purchase and/or on delivery. The Business shall, therefore, conduct appropriate assessments (using an assessment form acceptable to us as the Supplier) and provide appropriate tuition for each customer, and will provide us the Supplier with evidence of having done so upon reasonable request/a copy of each completed assessment, in order, to ensure the Supplier’s products are sold in line with BHTA guidance. Failure to provide evidence of an appropriate assessment to the Supplier by the Business within 14 days of any sale/request from us the Supplier may, in the Supplier’s discretion, result in the Business ceasing to be an authorised reseller of the Supplier’s products with immediate effect upon notice from the Supplier to that effect.

15. These Terms, together with our Privacy Policy and Terms of Website Use, constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our Privacy Policy and Terms of Website Use.

7. How the Contract Is Formed Between You and Us

1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. 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 7.4.

3. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been or are going to be dispatched. The Contract between us will only be formed when we send you the Dispatch Confirmation.

4. If we are unable to supply you with a Product as indicated in your order, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

8. Our Right to Vary These Terms

1. We may revise these Terms from time to time for any reason.

2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us, so you should always check the Terms at that time.

3. Whenever we revise these Terms in accordance with this clause 8, we will post the revised Terms on our website.

9. Your Consumer Right of Return and Refund

This clause 9 only applies if you are a consumer.

1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

2. However, this cancellation right does not apply in the case of any made-to-measure or custom-made Products.

3. Your legal right to cancel a Contract starts from the date when the Products have been delivered to you: you then have a period of 14 (fourteen) calendar days in which you may cancel, starting from the day you receive the Products as per the Consumer Contracts Regulations.

4. To cancel a Contract, please contact us in writing to tell us by sending an e-mail to sales@efoldi.com or by sending a letter to the Customer Services Manager, SunTech UK Limited, 25 Ormside Way, Redhill, Surrey, RH1 2LW. 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.

5. You will receive a full refund of the price you paid for the Products less any applicable standard delivery charges. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6

6. If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

7. We refund you on the credit card or debit card used by you to pay.

8. If the Products were delivered to you:

• a) you must return the Products to us as soon as reasonably practicable;
• b) unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;
• 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; and
• d) you must ensure that the Products reach us in the good condition that they were in when you received them.

9. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Returns policy.

10. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

10. Delivery

1. We will use reasonable endeavours to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (see clause 17). If we are unable to meet the estimated delivery date because of an Event Outside Our Control or otherwise, we will contact you with a revised estimated delivery date.

2. Delivery will be completed when we deliver the Products to the address you gave us or you collect them from us.

3. The Products will be your responsibility from the completion of delivery or from when you collect the Products from us.

4. You own the Products only once we have received payment in full, including all applicable delivery charges. Until that time, we may do anything necessary to recover the Products, including entering your premises.

11. International Delivery

1. All charges displayed on our site relate to delivery to mainland UK. You will need to contact us at sales@efoldi.com to arrange delivery beyond mainland UK and obtain a price for such delivery. We do not deliver to addresses outside the European Union without prior written agreement.

2. You will be liable for payment of any VAT or equivalent, duties, return delivery charges etc in relation to the Products. If any such items are levied on us, we may claim them from you.

3. You may place an order for Products from outside the European Union, but this order must be for delivery to an address in the UK without prior written agreement.

4. Our warranty cover is limited to mainland UK – if you buy a Product from outside mainland UK, warranty cover will be subject to you paying any applicable transport charges, VAT, duties and other such items. This is without prejudice to any statutory rights that you have and which are binding on us as a supplier in the UK.

12. Price of Products and Delivery Charges

1. The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.

2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

3. The price of a Product is generally shown with and without VAT (where applicable) 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 in full before the change in VAT takes effect. If a product is eligible for VAT relief due to being designed solely for use by a disabled person there is an eligibility declaration within the checkout stage that must be completed to qualify for VAT relief.

4. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time and may be included in special offers. To check relevant delivery charges, these will be available at checkout.

5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price

13. How to Pay

1. You can only pay for Products using a debit card or credit card. We accept the following cards: Visa or Mastercard.

2. We will also accept payment by cleared bank transfer.

3. Payment for the Products and all applicable delivery charges is in advance.

14. Our Guarantee for the Products

1. We provide a guarantee that on delivery and for a period of 12 months from delivery (unless otherwise specified in the product user manual), the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2 or where the Products are second hand.

2. The guarantee in clause 14.1 does not apply to any defect in the Products arising from:

• a) fair wear and tear
• b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party
• c) if you fail to operate or use the Products in accordance with the user and product instructions
• d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or any specification provided by you.

3. If we agree to extend the duration of the guarantee referred to in clause 14.1, this extension shall not apply to any battery in the Products. A battery shall be guaranteed for a maximum period of 12 months and in the case of batteries for second hand Products they shall only be guaranteed for the period confirmed to you.

4. If you are a consumer, this guarantee 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.

5. If you are a business, you are responsible to the 3rd party customer you have sold our products on to in respect of servicing and maintaining the product. We shall only supply replacement parts under our Warranty terms from the date we delivered to you, the Business.

15. Our Liability if You Are a Business

This clause 15 only applies if you are a business customer.

1. Nothing in these Terms limit or exclude our liability for:

• a) death or personal injury caused by our negligence
• b) fraud or fraudulent misrepresentation
• c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
• d) defective products under the Consumer Protection Act 1987.

2. Subject to clause 15.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for

• a) any loss of profits, sales, business, or revenue
• b) loss or corruption of data, information or software
• c) loss of business opportunity
• d) loss of anticipated savings
• e) loss of goodwill; or
• f) any indirect or consequential loss.

3. Subject to clause 15.1 and clause 15.2 our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product(s) which gave rise to the liability.

4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

16. Our Liability if You Are a Consumer

This clause 16 only applies if you are a consumer.

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 Contract.

2. We only supply the Products for domestic and private use. You agree not to use the product 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.

3. You confirm that you have, as a user of the Product, if purchasing without a personal demonstration ('unseen'), that you have 'self-assessed' your ability to use the product safely, reviewed the technical manual and followed the BHTA guidance (UK only- www.bhta.com) and made yourself aware of our user self-assessment guidance on our website

4. 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.

17. Events Outside Our Control

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.

2. 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, pandemic, other natural disaster, 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.

3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

• a) we will contact you as soon as reasonably possible to notify you; and
• b) our obligations under a Contract 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 to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

18. Communications Between Us

1. When we refer, in these Terms, to "in writing", this will include e-mail.

2. If you are a consumer:

• a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to sales@efoldi.com or by sending a letter to the Customer Service Manager, SunTech UK Limited t/a eFoldi, 25 Ormside Way, Redhill, Surrey RH1 2LW. 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.
• b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail to hello@efoldi.com or by pre-paid post to the Customer Service Manager, SunTech UK Limited, 25 Ormside Way, Redhill, Surrey RH1 2LW.

3. If we have to contact you or give you notice in writing, we will do so by e-mail, phone call or by pre-paid post to the address you provide to us in your order.

4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

19. Other Important Terms

1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.

4. 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. If 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.

5. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to 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.

6. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

20. Promotional T&Cs

1. Any discounts offered by our promotions (SunTech UK Limited t/a eFOLDi) will only apply at the time of purchase of one of our products Explorer/Lite scooters or Powerchair (or any other product as specifically offered in the promotion) at full retail value, as advertised on our Website on date of purchase. The discount applies only once to a single product purchased and only applies to a single purchaser. The offer expires as advertised and/or no later than 60 days after the date of promotion and/or the date you first contact us.

2. No promotions can be combined and cannot be used in conjunction with any other eFOLDi promotion, each promotion applies to a single purchase of the products outlined unless otherwise stated.

3. No discount offered can be exchanged for cash.

4. To UK end customers only:

BEST DEAL OFFER

If you are offered a discount from the Recommended Retail Price (RRP) on a genuine SunTech UK Limited "eFOLDi" scooter from one of our UK authorised retailers, we will try, wherever possible, to match the amount of the discount through a combination of our own discounts on that scooter plus a range of other products and services that we can offer you. If you would like to take advantage of this, please contact us before making your purchase, and provide us with all information necessary to verify the price that you have been offered by the retailer.

*To take advantage of this offer the retailer must have the product in stock and available to purchase.