1. Information about us.
1.1. Known as BathroomsByDesign, BathrooomsDirect.com has been in business since 2009. Our showroom is in Richmond and our warehouse and head office is in Brentford easily accessible from the A4. BathroomsDirect.com Ltd is registered in England and Wales under company number 6357924, with our registered office and main trading address at; Unit 1, Amalgamated Drive, Brentford, Middlesex, TW8 9EZ.
2. Terms used.
In these terms and conditions, unless the context otherwise requires, the following definitions shall apply;
2.1. You or your means the customer ordering and purchasing Products.
2.2. Consumer has the same definition provided for in Section 2 of Consumer Rights Act 2015
2.3. We, us or our means BathroomsDirect.com Ltd trading as BathroomsByDesign from whom you purchase Product(s).
2.4. Delivery terms means the terms that apply to our product delivery services, full details of which can be found in section Availability and Delivery Terms in this document.
2.5. Order means an order placed by you for Product(s) in store, by telephone or using such other means as we may permit from time to time.
2.6. Product or products means the goods and products that we sell.
2.7. Terms means these terms and conditions of sale.
2.8. Dispatching means delivery to an address agreed with you or a collection made by you from our warehouse.
2.9. Contract means the sales contract between you and us that concludes and forms when you make a payment to us in relation to an order.
Each section heading is placed in these terms and conditions for convenience only and do not form part of these terms and conditions.
3. Your status / Formation of Contract.
3.1. By placing an order, you warrant that, you are legally capable of entering into binding contracts.
3.2. Prior to placing an order with us you will receive a quotation for the product(s) that you wish to purchase from us. By placing an order for such product(s) you will be deemed to have accepted the quotation (subject to any changes as per Clause 7). Once an order is placed, you should receive a sales order confirmation (normally sent by email) acknowledging that we have received the order. Your order constitutes an offer by you to us to buy product(s). All orders are subject to acceptance by us.
3.3. The contract will relate only to those products we dispatch to you. We will not be obliged to supply any other products which may have been part of your order until those products become available to us for dispatch.
4. Consumer rights.
4.1. If you are contracting as a consumer, then subject to clause 4.4, you may cancel a contract at any time within 14 (fourteen) days, beginning on the day after you received the product(s).
4.2. To cancel a contract, you must inform us firstly by telephone and then by confirmation in writing. You must also return the products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3. Subject to Clause 4.5 and Section 14, you will receive a refund for the price paid for the products within 14 days of the products being returned to us. Note, a restocking charge may apply (see re stocking). You will also receive a refund for the least expensive common and generally acceptable kind of delivery of such products from you to us.
4.4. You will not have any right to cancel a contract for the supply of any products:
4.4.1. That have been custom made to suit your specifications or are clearly personalised;
4.4.2. That are liable to deteriorate or expire rapidly
4.4.3. That have been ordered and paid for (either in part or in full) on our premises.
4.4.4. That are detailed and marked as such in accordance with Section 14
4.4.5. Items that are marked (SP) on the quotation and sales order
4.5. We have a right to deduct money from your refund in the event that the value of the products has diminished by any amount as a result of handling of the products by you (this includes any damage to the products that has been caused by you or if the value has diminished due to the products being installed and then uninstalled)
4.6. You will only receive the refund described in Clause 4.3 provided that you have sent the products to us within 14 days of you informing us that you wish to cancel.
4.7. This provision does not affect your statutory rights as a consumer.
5. Product description.
5.1. We are always working to ensure that all information provided is accurate and up to date. Our manufacturers and suppliers supply all images and product specifications to us. The accuracy or reliability of information contained in any documentation or discussions cannot be guaranteed. We reserve the right to amend product specifications without prior notice and, where dimensions are specified, these contain 3% margin either way to allow for manufacturing tolerances.
6. Availability of goods.
6.1. The products and/or services that we offer may be withdrawn at any time for any reason, and are always subject to availability. If for any reason we cannot supply the goods, you will not be charged and you will be refunded any monies that may have already been taken.
7. Price and payment.
7.1. The price of any products will be as quoted on the quotation document, except in cases of obvious error.
7.2.These product prices include VAT but exclude delivery costs. Delivery charges will be agreed with you and detailed separately on the quotation and sales confirmation if delivery is required. 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 place.
7.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a sales order confirmation.
7.4. Our system contains a large number of products and it is always possible that, despite our best efforts, some of the products listed or offered may be incorrectly priced. Where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a Product’s correct price is higher than the price quoted, we will either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
7.5. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the products to you at the incorrect (lower) price.
7.6. Payment for all products must be by credit card, debit card, BACS, cheque or cash. We accept payment with Visa, Mastercard, Visa Delta, Switch and Maestro. American Express may only be used for amounts over £5000.
7.7.Cash payments will only be accepted to a maximum of £5,000 or the limits given by HMRC money laundering regulations if lower. We may at any time decide to refuse cash and require payment by card or BACs.
7.8. Any references made to 'Price Match Guarantee' or similar price match promotions require the following criteria to be met for the claim to be valid:
7.8.1. The product(s) in question offered at the lower price MUST be identical to ours.
7.8.2. The product(s) MUST be in stock at the alternative supplier.
7.8.3. The product(s) MUST be freely available for collection or delivery.
7.8.4. The products total price must "include" all delivery and handling charges to the specified delivery address.
7.8.5. The Competitor must be based in Mainland England and Wales.
7.8.6. Volume limits apply and is up to our discretion if the volume is higher than one.
8. Storage of your order.
8.1. We reserve the right to charge storage charges at the rate of 2% of the total order per month if orders are stored for over 90 days from the point of them being complete in our warehouse.
9. Availability and delivery.
9.1. When your order is available in full we will contact you to agree a delivery date and delivery location. The location will be detailed in our system against your order as a record of the agreed address.
9.2. You must do all that you reasonably can to enable the delivery to take place on the agreed date. If we are unable to deliver the products as a result of your action or inaction (for example, you are not present at your property), we will need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this.
9.3. Where we have agreed to deliver products, we will use reasonable endeavours to do so on the agreed date. In the case of circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the products within these timescales and we will not be liable for any delay or failure to deliver the products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.
9.4. Unless we have agreed otherwise, products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the product(s) to the address we have agreed with you.
9.5. Before products are loaded onto our delivery vehicles and leave our premises to be delivered to you, we undertake a quality control check to verify we have accurately dispatched the correct products to you. In the unlikely event that you or your servant or agent (including plumber or other installer) discover a missing product or part, incorrect or defective product upon taking delivery, then notwithstanding your rights, we require that you notify us as soon as possible, and in any event no later than 48 hours from the time of delivery (or such longer period as we may, in our absolute discretion, otherwise agree too), and before any installation work is undertaken. We will then deal with the product in accordance with our returns policy (detailed in these terms).
9.6. For the reasons of health and safety and to avoid property damage, certain products and goods that are palletised, large and or heavy products, will be delivered as close as possible to the front door on the ground floor of the agreed delivery address. If this location is unreachable for any reason, such as being located on a narrow street, up a flight of stairs (such as flats), or due to any other obstruction, delivery will be made to as near to your property as possible. Gravel driveways may constitute an obstruction if it prevents use of handling trolleys.
9.7. For palletised, large and or heavy deliveries not by our own vehicles, by a third party, the driver is NOT insured to take the goods inside your property. The pallet will be delivered to as close as reasonably possible to the agreed address, and it is your responsibility to provide sufficient manpower to safely carry the goods into your premises.
9.8. Pallet deliveries may be handled by an independent courier company who, after receiving the goods will contact you directly to arrange a date that suits you. Please make sure you are contactable on the contact number provided otherwise it will delay your order which we take no responsibility for. In this event, we will have agreed this with you in advance.
9.9. Products may sometimes be delivered directly from the manufacturer. We will notify you of this and these terms cover deliveries of this type.
10. Risk and title.
10.1. The products will be at your risk from the time of delivery. NOTE this also includes collection if you collect from our warehouse.
10.2. Ownership of the products will only pass to you when we receive full payment of all sum / due in respect of the Products, including delivery charges.
10.3. Unless credit is arranged, items will not be dispatched until we receive full payment.
11.1.A product is deemed accepted and therefore in perfect condition on arrival under the following conditions:
11.1.1. Installed - your installer is a representative of yourself so please make sure they are informed on the product they are awaiting*.
11.1.2. Item is within your possession for a reasonable amount of time*.
11.1.3. If you manipulate or modify your product in anyway.
11.1.4. If you use your item*.
*Please note all these points do not affect your guarantee.
12.1. We guarantee items for 1 year after delivery date, after this date the manufacturer may supply an additional guarantee period. If you have queries please contact us or the manufacturer. If anything goes wrong outside our guarantee period please contact us or the manufacturer directly.
12.2. Please follow instructions provided as if, upon investigation, an item is found installed incorrectly it will void all guarantees.
12.3. By modifying your item you void all guarantees immediately unless the manufacturer has given permission. Please note if they give permission within the 1st year they take over the guarantee period from ourselves.
13. Our Returns Policy
13.1. For all returns, we advise that you contact us by telephone first to discuss and agree the return reason, the consequential requirements including the physical return of the goods. Our aim is always to satisfy our customers and to help overcome problems that can occur from time to time.
13.2. Subject to your Consumer Rights and Section 4, products can be returned for the following reasons:
13.2.1. No longer required under our “No Quibble Policy”: Allows any product detailed as (ST) or (NR) to be returned within 14 days of the delivery date for a full refund that we will process in accordance with Section 4. (RC) product may be returned but will incur a restocking charge (see Re-Stocking charges under the “No Quibble” Policy).
13.2.2. Faulty products: For faulty products an internal inspection and investigation will have to take place upon receipt of the returned product. Products returned by you as a result of a defect not caused by you or your servant or agent (including plumber or other installer) will be refunded in full. If, after examination, we find the returned product to be defective we will notify you in relation to your refund or replacement via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. We will usually refund any money received from you using the original method of payment for your purchase. If upon return, the damaged products have been modified or have undergone any attempted installation, you may be responsible/liable for any costs of return or redelivered product that is not in the condition previously stated.
13.2.3. Damaged goods: As described in section 9 Availability and Delivery in these terms, notify us within 48 hours of delivery.
13.2.4. Does not match description or are wrong: Products must be returned to us, in unused condition and, where practicable, with original packaging at our cost. Please notify us within reasonable time, usually 48 hours. We will then send out a replacement correct item or if in extreme cases offer a full refund including postage.
13.2.5. For Products that are not defective or that you wish to return outside of the “14 day no quibble” please contact us. This will be at our discretion and we reserve the right torefuse the refund completely, partially or charge a restocking fee. Products must be returned tous, in unused condition and, where practicable, with original packaging, at your own cost. Wewill then provide you with the opportunity to choose a replacement product or a refund.
14. Re-stocking charges under the “No Quibble” Policy
Product categorisation for re-stocking charge calculations is as follows. This will be clearly marked on the Sales Order Confirmation;
Stock items, usually our own brand product
Product where manufacturer supports our “No Quibble” returns policy
Product where manufacturer DOES NOT support our “No Quibble” returns policy
Product that is a special item, ordered from outside of the UK mainland
A bespoke, made to order product
15. Our Liability
15.1. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.
15.2. The provisions in clause 15.5 shall only apply if you are contracting as a business and not as a consumer.
15.3. Subject to clause 15.6:
15.3.1. We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
15.3.2. 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 Products you have purchased.
15.4. If you intend to install a product you have purchased from us through a plumber or other installer and, prior to the installation, you are aware of a defect or your plumber or installer should reasonably be expected to discover and therefore become aware of any such defect upon inspection, then if the planned installation proceeds we will not be responsible for any costs of reinstallation, incurred by you or your plumber or other installer, which you may subsequently claim to have been necessary as a result of the defect.
15.5. In the event of us agreeing to reimburse you for the costs of reinstallation (for instance, if we determine that the Product in question was defective when installed but such defect may not have been clearly apparent to you or your plumber or other installer) then such reimbursement is limited to your plumber or other installer’s reasonable costs, which may be determined with reference to normal industry levels at the time in question.
15.6. Nothing in these terms and conditions shall limit or exclude our liability for:
15.6.1. Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
15.6.2. Fraud or fraudulent misrepresentation;
15.6.3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
15.6.4. Defective products under the Consumer Protection Act 1987; or
15.6.5. Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16. Written Communications.
16.1. Applicable laws require that some of the information or communications we send to you should be in writing. When ordering products from BathroomsByDesign, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights
17.1. All notices given by you to us must be given (by letter) to BathroomsByDesign, Unit 1, Amalgamated Drive, Brentford, Middlesex, TW8 9EZ or by email to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice 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.
18. Transfer of rights and obligations
18.1. The Contract between you and us is binding on you and us and on our respective successors and assignors.
18.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. Events outside our control.
19.1. 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 events outside our reasonable control (Force Majeure Event).
19.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
19.2.1. Strikes, lock-outs or other industrial action.
19.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
19.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
19.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.2.5. Impossibility of the use of public or private telecommunications networks.
19.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
19.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
20.1. If we fail or delay, at any time during the term of a contract, to insist upon strict performance by you of any of your obligations this does not mean we have given up our rights and we may still require you to comply with your obligations under the contract.
20.2. If we forgive (in writing) any particular default by you of your obligations under a contract, that does not forgive any subsequent default by you.
2.1. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Entire Agreement.
22.1. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
23. Our right to vary these terms and conditions.
23.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
24. Law and jurisdiction.
24.1. Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
25. Publication of comments.
25.1. You agree that we can publish any comments that you send to us concerning the quality of our service or products on our website. You agree (unless you advise us in writing) that we can use your name and town of residence, but we will not publish your email address, telephone number, website address or street address.
25.2. We aim to exceed our customer expectations as often as possible, however there may be rare occasions when a customer feels that they have not been treated fairly. If this is the case you agree that before posting any negative comments on any website, newsgroup, blog or other online resource you agree to write to the customer services manager explaining the problem and allow them 14 days to investigate and resolve the problem and/or respond in writing. If you are still unsatisfied then you agree to include the customer services reply in any online publication you make, to provide any readers with a balanced view.
25.3. Needless to say publication of negative material that is untrue will result in an action for libel against the publisher.
26. Instructions for cancellation
2.6.1. Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (or the last good).
To exercise the right to cancel, you must inform us by writing to BathroomsByDesign, Unit 1,
Amalgamated Drive, Brentford, Middlesex, TW8 9EZ or by email to email@example.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or email). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
2.6.2. Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods, without undue delay an in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately £50.00.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.