PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND
RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1
These terms of sale apply to all goods supplied by UK Bathrooms and Showers
1.2
No contract exists between you and the Supplier for the sale of
any goods until the Supplier has received and accepted your order and
the Supplier has received payment in full (in cleared funds). Once the
Supplier does so, there is a binding legal contract between us.
1.3
By way of clarification, an acknowledgement of your order will
be sent to you via e-mail when you place your order, but acceptance of
your offer to buy the goods will not take place until after your
payment is taken and you receive your acceptance e-mail. It is at this
point that a binding legal contract is created and any contract is
subject to these Terms and Conditions.
1.4
The contract is subject to your right of cancellation (see below).
1.5
The Supplier may change these terms of sale without notice to you in relation to future sales.
2.
Description and price of the goods
2.1
The description and price of the goods you order will be as shown on the Suppliers website at the time you place your order.
2.2
The goods are subject to availability. If on receipt of your
order the goods you have ordered are not available in stock, the
Supplier will inform you as soon as possible and refund or re-credit
you for any sum that has been paid by you or debited from your credit
card for the goods.
2.3
Every effort is made to ensure that prices shown on the
Suppliers website are accurate at the time you place your order. If an
error is found, the Supplier will inform you as soon as possible and
offer you the option of reconfirming your order at the correct price,
or canceling your order. If the Supplier does not receive an order
confirmation within 14 days of informing you of the error, the order
will be cancelled automatically. If you cancel the order, or if the
order is cancelled automatically due to the expiry of the 14 day
period, the Supplier will refund or re-credit you for any sum that has
been paid by you or debited from your credit card for the goods.
2.4
In addition to the price, you may be required to pay a delivery charge for the goods.
3. Payment
3.1
Payment for the goods and delivery charges can be made by any
method shown on the Suppliers website at the time you place your order.
Payment shall be due before the delivery date and time for payment
shall be a fundamental term of this agreement, breach of which shall
entitle the Supplier to terminate the contract immediately.
3.2
There will be no delivery until cleared funds are received.
3.3
Payments shall be made by you without any deduction whatsoever
unless you have a valid court order requiring an amount equal to such
deduction to be paid by the Supplier to you.
4. Delivery
4.1
The goods you order will be delivered to the address you give when you place your order.
or other public holidays.)
4.2
If delivery cannot be made to your address for reasons under
the Suppliers control the Supplier will inform you as soon as possible
and refund or re-credit you for any sum that has been paid by you or
debited
4.3
If you fail to take delivery because you have cancelled your
contract under the Distance Selling Regulations the Supplier shall
refund or re-credit you within 30 days for any sum that has been paid
by you or debited from your credit card for the goods. On exercising
your right to cancel you shall be required to return the goods to the
Supplier. Should you fail to return the goods, the Supplier reserves
the right to deduct any direct costs incurred by the Supplier in
retrieving the goods as a result of such failure.
4.4
Every effort will be made to deliver the goods as soon as
possible after your order has been accepted. However, the Supplier will
not be liable for any loss or damage suffered by you through reasonable
or unavoidable delay in delivery. In this case, the Supplier will
inform you as soon as possible.
4.5
Upon receipt of your order you will be asked to sign for the
goods received in good condition. If the package does not appear to be
in good condition then please refuse the delivery. If you are unable to
check the contents of your delivery at the point of delivery then
please sign for the parcel as UNCHECKED . Failure to do so may affect
any warranty claims that you make thereafter.
5. Risk/Title
5.1
The goods are at your risk from the time of delivery.
5.2
Ownership of the goods shall not pass to you until the
Supplier has received in full (in cash or cleared funds) all sums due
to it in respect of:
5.2.1
the goods, and
5.2.2
all other sums which are or which become due to the Supplier from you on any account.
5.3
The Supplier shall be entitled to recover payment for the
goods even though ownership of any of the goods has not passed from the
Supplier.
6. Your right of cancellation
6.1
You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
6.2
To exercise your right of cancellation, you must give written
notice to the Supplier by hand, post, fax, email or via the Returns on
Line section of our website, giving details of the goods ordered and
(where appropriate) their delivery. Notification by phone is not
sufficient.
6.3
Except in the case of faulty or misdescribed goods, if you
exercise your right of cancellation after the goods have been delivered
to you, you will be responsible for returning the goods to the Supplier
at your own cost. The goods must be returned to the address shown
within the Contact Us section of the website. You must take reasonable
care to ensure the goods are not damaged in the meantime or in transit.
Please note the return of non faulty goods will incur a restocking charge of 15%
. In the case of faulty or misdescribed goods we shall, after
receiving notification in accordance with clause 8.3 or 8.4, either
collect the goods from you or ask you to return the goods yourself and
refund you the reasonable postage costs.
6.4
Bespoke goods made to your specifications (such as whirlpool
baths) cannot be returned unless misdescribed or faulty. It is
therefore important you make absolutely sure that the item matches the
correct dimensions and specifications you require.
6.5
Once you have notified the Supplier that you are canceling the
contract, the Supplier will refund or re-credit you within 30 days for
any sum that has been paid by you or debited from your credit card for
the goods.
6.6
Except in the case of faulty or misdescribed goods, if you do
not return the goods as required, the Supplier may charge you a sum not
exceeding the direct costs of recovering the goods.
7. Warranty
7.1
All goods supplied by the Supplier are warranted free from
defects for 12 months from the date of supply (unless otherwise
stated). This warranty does not affect your statutory rights as a
consumer.
7.2
This warranty does not apply to any defect in the goods
arising from fair wear and tear, wilful damage, accident, negligence by
you or any third party, use otherwise than as recommended by the
Supplier, failure to follow the Suppliers instructions, or any
alteration or repair carried out without the Suppliers approval.
7.3
If the goods supplied to you are damaged on delivery, you
should notify the Supplier in writing via the e-mail address or fax
number shown below within 24 hours.
7.4
If the goods supplied to you develop a defect while under
warranty or you have any other complaint about the goods, you should
notify the Supplier in writing via the e-mail address or fax number
shown below, as soon as possible, but in any event within 24hours of
the date you discovered or ought to have discovered the damage, defect
or complaint.
8. Limitation of Liability
8.1
Subject to 9.2 below, if you are a consumer the Supplier shall
not be liable to you for any loss or damage in circumstances where:
8.1.1
there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
8.1.2
such loss or damage is not a reasonably foreseeable result of any such breach;
8.1.3
any increase in loss or damage resulting from breach by you of any term of this contract.
8.2
Nothing in these conditions excludes or limits the liability
of the Supplier for death or personal injury caused by the Suppliers
negligence or fraudulent misrepresentation.
Privacy Policy
We are committed to protecting your privacy. We will only use the
information that we collect about you lawfully (in accordance with the
Data Protection Act 1998). We collect information about you for 2
reasons: firstly, to process your order and secondly, to provide you
with the best possible service. We will not email you in the future
unless you have given us your consent either by opting in to a
HomeSupply.co.uk newsletter or as a response to a question you have
raised. We will never pass any details we have about you to any other
company except where necessary for an order process to be completed.
The type of information we will collect about you includes:
· your name
· address
· phone number
· email address
· credit/debit card details (automatically deleted from our systems in 24 hours)
We will never collect sensitive information about you without your
explicit consent. The information we hold will be accurate and up to
date. You can check the information that we hold about you by emailing
us. If you find any inaccuracies we will delete or correct it promptly.
The personal information which we hold will be held securely in
accordance with our internal security policy and the law. We may use
technology to track the patterns of behaviour of visitors to our site.
This can include using a "cookie" which would be stored on your
browser. You can usually modify your browser to prevent this happening.
The information collected in this way can be used to identify you
unless you modify your browser settings, however, any information we
use is purely for improvement of our site. If you have any
questions/comments about privacy, you should contact us.
9. Data Protection
The Supplier will take all reasonable precautions to keep the
details of your order and payment secure but unless the Supplier is
negligent, the Supplier will not be liable for unauthorised access to
information supplied by you.
10. Images
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the
supply of the goods will be subject to English law and the English
courts will have jurisdiction in respect of any dispute arising from
the contract, save that consumers resident in Scotland shall have the
right to insist upon these terms being construed in accordance with the
laws of Scotland and to submit to the jurisdiction of Scottish courts.
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