You
should read these terms and conditions ("these
Terms") carefully as they affect your rights
and liabilities under the law and set out the terms under
which Online Bathrooms Limited ("Online Bathrooms",
"we" and "us") makes the goods
available to you.
1.
Use of this Site
This
Site is provided to you free of charge for your personal
use subject to these Terms. By using this Site you agree
to be bound by these Terms.
All
orders and purchases made on this Site will also be governed
by these Terms and will be between you and Online Bathrooms.
Your contract will not under any circumstances be with any
other party, including any retailer whose web site may have
directed you to this Site.
THESE
TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS
2.
Prices
The
prices payable for the items that you order are clearly
set out in the web site. If, by mistake, we have under-priced
an item, we will not be liable to supply that item to you
at the stated price, provided that we notify you before
we dispatch the item concerned. All prices are in pounds
sterling and are expressed inclusive of any VAT payable
unless otherwise stated. The price of the items does not
include the delivery charge (if any) which will be charged
at the rates applicable at the date you place your order
and which will be displayed on the web site.
3.
Availability
If
for any reason beyond our reasonable control, we are unable
to supply a particular item, we will notify you as soon
as possible.
4.
Acceptance
There
will be no contract of any kind between you and us unless
and until we actually dispatch the goods to you. At any
point up until then, we may decline to supply the goods
to you without giving any reason. At the moment that we
accept your order, by dispatching the goods (and not before),
a contract will be made between you and us. If we decline
to supply goods and payment has already been taken from
your credit or debit card, we shall credit your credit or
debit card with the price of the goods within 30 days of
declining your order. We shall not be obliged to offer you
any additional compensation for disappointment suffered.
If
there is a problem with your order in terms of availability
of the goods or our ability to deliver, we shall contact
you by telephone or email as soon as reasonably practicable.
If
the goods that you ordered are not available, we reserve
the right to substitute goods of a similar specification
and quality.
5.
Delivery and Acceptance
Delivery
will be made to the address specified by you on the completed
order form. Once goods have been delivered to you they will
be held at your risk and we will not be liable for their
loss or destruction.
Please
note that we can only deliver products within England, Scotland
and Wales and it may not be possible to deliver to some
locations. All deliveries are by third party carriers. If
you are not able to take delivery of the products, depending
on the carrier used, your goods will either be stored at
the depot nearest to your address until you can collect
them or the carrier will attempt to redeliver the goods
to your address.
If you are not in for collection of your delivery on a prior agreed date, you will incur another delivery charge.
We
shall use our best endeavours to secure delivery within
30 days of receipt by us of your order but shall not be
liable for loss occasioned by delay in delivery arising
out of any cause beyond our control.
If
you order items with different availability dates, we will
hold all the items until the last item is delivered. You
may however choose to have each item delivered separately
and we reserve the right to charge you a delivery charge
each time. DO NOT arrange for installation of the Goods until they have been delivered and checked for correctness, damage and shortages by You.
Upon delivery of a Product you should carefully inspect the Goods. If any of the Goods are damaged or lost, please contact us to inform us of the problem and do not use the Goods. You will have received an email stating full terms and conditions for shipping and returns.
6.
Cancellation
You
have the right to cancel your order up to 7 working days
after the day following the delivery by calling our Customer
Services department on 0800 389 4857. Alternatively, you
can cancel your order by post, by fax or e-mail to:
Post
Online Bathrooms
Stockfield Mill
Melbourne Street
Chadderton
Oldham
OL9 9EW
Alternatively, use the Contact page of our website.
If
the goods have already been dispatched at the date of receipt
of your cancellation of the order you must return the goods
to us in accordance with paragraph 7 below and we will credit
your credit or debit card with the price of the goods within
30 days beginning with the day on which notice of cancellation
was given.
If
you do not return the goods within 21 days of your cancellation,
we will make a charge in respect of the cost of recovering
the goods. If you do not return the goods or fail to make
them available for collection within 30 days of your notice
of cancellation, you will be deemed to have accepted the
goods, at which point a new purchase contract will be made
and you will be charged for your order at the price set
out on the web site. This does not affect your statutory
rights.
7.
Returns
If
for any reason you would like to return an item within
7 working days of receiving the delivery you should
do the following:
•
Telephone customer services on 0800 389 4857 and inform
them that you wish to return the item(s)
•
1.
We regret that if you do not follow the returns procedure
set out above, Online Bathrooms cannot be held responsible
for non-delivery of returned goods so we recommend you get
a certificate of posting from the Post Office.
2.
If an item has been returned for any reason other than a
product fault or a mistake on the part of Online Bathrooms,
you will be refunded the cost of the goods, provided that the goods are returned
by you and received by us in the condition they were in
when delivered to you, save that we shall be entitled to
deduct all postal charges from the amount refunded plus a 15% restocking charge.
3. If you wish to return a defective item to us then you must inform us in writing of any transit damage, shortages and incorrect goods within 2 days from the date of delivery. You must report inherent defects in goods to us in writing within 7 days from the date of delivery. Where we have recieved notification within the correct deadline then we will(at your option) replace or exchange the goods or refund the price of the item. Items that have been used, fitted, or are not otherwise in a resaleable condition cannot be accepted for refund or return.
Please note the return of none faulty goods incur a restocking charge of 15%
8.
Payment
You
can pay by any Mastercard or Visa credit card. Your credit-debit
card details will be encrypted to minimise the possibility
of unauthorised access or disclosure. Authority for payment
must be given at the time of order.
Our
liability to you in connection with any order will not exceed
the total price charged for the goods.
9.
Intellectual Property
The
content of this Site is protected by copyright, trade marks
and other intellectual property rights. You may retrieve
and display the content of this Site on a computer screen,
store such content in electronic form on disk (but not any
server or other storage device connected to a network) or
print one copy of such content for your own personal, non-commercial
use, provided you keep intact all and any copyright and
proprietary notices. You may not otherwise reproduce, modify,
copy or distribute or use for commercial purposes any of
the materials or content on this Site without written permission
from Online Bathrooms.
No
licence is granted to you in these Terms to use any trade
mark of Online Bathrooms.
10.
Availability of this Site
Although
Online Bathrooms aims to offer you the best service possible,
Online Bathrooms makes no promise that the services at this
Site will meet your requirements. Online Bathrooms cannot
guarantee that the service will be fault free. If a fault
occurs in the service you should report it to the Customer
Services (see below for contact details) or by email at
info@onlinebathrooms.com and we will attempt to correct
the fault as soon as we reasonably can. If you have any
suggestions as to how we may improve the site, please contact
Customer Services who will be pleased to hear from you.
Your
access to this Site may be occasionally restricted to allow
for repairs, maintenance or the introduction of new facilities
or services. We will attempt to restore the service as soon
as we reasonably can.
11.
Our liability
11.1
This Site is provided by Online Bathrooms without any warranties
or guarantees. You must bear the risks associated with the
use of the Internet.
In
particular, we disclaim all liabilities in connection with
the following:
11.1.1
incompatibility of this Site with any of your equipment,
software or telecommunications links
11.1.2
technical problems including errors or interruptions of
this Site
11.1.3
unsuitability, unreliability or inaccuracy of this Site
11.1.4
inadequacy of this Site to meet your requirements
11.2
If the goods we deliver are not what you ordered or are
damaged or defective or the delivery is of an incorrect
quantity, we shall have no liability to you unless you notify
us in writing at our contact address of the problem within
10 working days of the delivery of the goods in question.
11.3
If you do not receive goods ordered by you within 30 days
of the date on which you ordered them, we shall have no
liability to you unless you notify us in writing at our
contact address of the problem within 40 days of the date
on which you ordered the goods.
If
you notify a problem to us under this condition, our only
obligation will be, at your option:
11.3.1
to make good any shortage or non-delivery;
11.3.2
to replace or repair any goods that are damaged or defective;
or
11.3.3
to refund to you the amount paid by you for the goods in
question in whatever way we choose.
11.4
Save as precluded by law, we will not be liable to you for
any indirect or consequential loss, damage or expenses (including
loss of profits, business or goodwill) howsoever arising
out of any problem you notify to us under this condition
and we shall have no liability to pay any money to you by
way of compensation other than to refund to you the amount
paid by you for the goods in question under clause 11.3.3
above.
11.5
You must observe and comply with all applicable regulations
and legislation, including obtaining all necessary customs,
import or other permits to purchase goods from our site.
The importation or exportation of certain of our goods to
you may be prohibited by certain national laws. We make
no representation and accept no liability in respect of
the export or import of the goods you purchase.
11.6
Nothing in these terms and conditions is intended to limit
any rights you might have as a consumer under applicable
local law or other statutory rights that may not be excluded
nor in any way to exclude or limit our liability to you
for any death or personal injury resulting from our negligence.
To
the full extent allowed by applicable law, you agree that
we will not be liable to you/or any third party for any
consequential or incidental damages (including but not limited
to loss of revenue, loss of profits, loss of anticipated
savings, wasted expenditure, loss of privacy and loss of
data) or any other indirect, special or punitive damages
whatsoever that arise out of or are related to this Site.
Nothing
in these Terms shall exclude our liability for personal
injury or death caused by our negligence or shall affect
or exclude your statutory rights where it would be unlawful
to do so.
12.
Third Party Websites
This
Site includes links to other web sites or material which
are beyond its control. Online Bathrooms is not responsible
for content on the Internet or World Wide Web pages, or
any other site outside this Site.
13.
General
These
Terms shall be governed by and construed in accordance with
the laws of England and Wales and any disputes will be decided
only by the English courts.
If
any of these Terms is held by any court of competent authority
to be unlawful, invalid or unenforceable, in whole or in
part, this will not affect the validity of the remaining
Terms which will continue to be valid and enforceable to
the fullest extent permitted by law.
14.
International Use
Online
Bathrooms makes no promise that materials on this Site are
appropriate or available for use in locations outside the
United Kingdom, and accessing this Site from territories
where its contents are illegal or unlawful is prohibited.
If you choose to access this site from locations outside
the United Kingdom, you do so on your own initiative and
are responsible for compliance with local laws.
15.
Privacy Policy
You
acknowledge and agree to be bound by our privacy policy.
Please click here to view our privacy policy.
16.
General
You
may not assign, sub-licence or otherwise transfer any of
your rights under these Terms.
If
you breach these Terms and Online Bathrooms ignores this,
Online Bathrooms will still be entitled to use its rights
and remedies at a later date or in any other situation where
you breach the Terms.
Online
Bathrooms shall not be responsible for any breach of these
Terms caused by circumstances beyond its reasonable control.
A
person who is not a party to these Terms shall have no right
under the Contract (Rights of Third Parties) Act 1999 to
enforce any term of these Terms but this shall not affect
any right or remedy of a third party which exists or is
available apart from that Act.
17.
Customer Services
If
you have an order query, please telephone our Customer Services
team on 0800 389 4857 between 09:00am and 17:00pm.
This
Site is owned and operated by Online Bathrooms Stockfield Mill, Melbourne Street, Chadderton, Oldham, OL9 9EW.
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