Terms & Conditions For Online Purchases Only
In this agreement unless the context otherwise requires:
- The 'Buyer' shall mean the consumer, person or business seeking to purchase goods from the Company.
- The 'Company' shall mean 'Bathroom Discount Centre'.
- The 'Website' shall mean the pages published on the worldwide web at the URL www.bathdisc.co.uk or any of its subfolders or subdomains.
- The 'Contract' shall mean any contract for goods or services made between the company and the buyer.
- The 'Goods' shall mean any product, things, or articles to be sold by the Company.
- The 'Services' shall mean any services provided by the company to the buyer (whether the buyer shall purchase the goods or not).
- A 'Working day' is a reference to any day other than Saturday or Sunday, which is not a bank or public holiday.
- A clause or paragraph is a reference to a clause of this Agreement.
2.1 Where delivery times are stated on the Website or on subsequent quotes or order specifications, the times are non-contractual and are approximate only. While the Company will make all efforts to deliver to the Buyer within the time stated, delivery could be delayed due to events beyond the Company’s control. Buyers are advised to only commit to an installation schedule once the goods have been received and checked. The Company shall not be liable for any costs, losses, damages and claims otherwise suffered or incurred by the buyer, their agents or any other third party appointed by the buyers as a result of a failure to supply any products on the estimated date.
2.2 The Company shall be entitled to make partial deliveries or deliveries by installments. Each installment shall be a separate agreement to which all the terms and conditions of this contract will apply. Signature of any delivery note by an agent, employee or representative of the buyer shall be conclusive proof of delivery. Any damages and or shortages must be noted on the delivery note at point of delivery and thereafter. The buyer must within a reasonable time of delivery notify the company in writing of the shortages and or damages to goods. After that time, the goods are deemed to be 'accepted' by the buyer thereafter the Company will not be liable for any claims for shortages and or damages. In cases where the buyer is a business, any damages and/or shortages must be listed in writing to the Company within 48 hours, after which time the Company will not be liable for any claims for shortages and or damages.
2.3 The Buyer agrees to accept the delivery within 4 weeks of the order date or when the goods are available for delivery, whichever is earlier. In the event of the buyer not accepting the goods within this 4 week period or when the goods are available for delivery, the Company reserves the right to charge insurance and storage of the goods at a rate of 3%of the total order value per month or part thereof, and interest 1% greater than the ruling bank rate at Barclays Bank PLC. London and all risks in the goods pass to the buyer.
2.4 Risk of loss of or damage to a consignment of the goods shall pass to the buyer from the time the Buyer collects the product from the premises of the Company or from the time of delivery to the carrier or when the goods are available for delivery, whichever is earlier.
2.5 Transfer of Title will not pass from the Company to the Buyer until such time as the goods supplied by the Company to the Buyer have been paid for in full, the Buyer acknowledges that the Company has full and proper rights to repossess any goods which remain unpaid at any time after 30 days from the due payment date and the Buyer also acknowledges that where the Buyer is a Company, the Directors of the Buyer Company will compensate the Company for any loss suffered due to a breach howsoever caused under this clause.
2.6 Once the delivery has been received, all items should be checked prior to signing for any damage of missing items. In the unlikely event there are any problem or faults, please contact our customer service team within 48 hours of delivery and they will be happy to help resolve any problems. Any damages reported after this time frame, unfortunately will not be considered.
2.7 Unfortunately, due to insurance purposes our couriers are not able to carry items into your property. Delivery drivers are only able to deliver pallets to the exterior of the property - kerb side or if accessible driveway /front door. Please can you therefore ensure you have sufficient help on hand.3. Returns and cancellation
3.1 Where the Buyer is a private individual and the contract is with that individual rather than a business, the Distance Selling Regulations (2013) apply. In such cases, the Buyer is entitled to 14 days from receipt of goods during which they may return unwanted goods to the Company. Any items accepted for cancellation or return will be subject to a handing/restocking charge of up to 25%. Goods that have been delivered into the warehouse, from the supplier, awaiting delivery to the customer, will also be subject to a 25% restocking charge. Where Buyers wish to exercise this right, the Buyer must inform the Company in writing of their intention within the stated time period. The Buyer will be responsible for arranging the return of any unwanted items and there carriage costs. The Company will exchange or refund the value of the returned goods so long as they are:
3.1.1 packaged in their original packaging,
3.1.2 in the exact condition supplied and
3.2 The Buyer's right to return goods, as decreed by the Distance Selling Regulations (2013), does not apply in this contract where the goods are manufactured for the Buyer or customised to the Buyer's specifications.
3.3 The Company will not be responsible for any damage or loss arising during the return transit of the goods. It is the Buyer's responsibility to take all due care to ensure that the goods are protectively packaged.
3.4 Once the delivery has been received, all items should be checked prior to signing for any damage of missing items. In the unlikely event there are any problem or faults, please contact our customer service team within 48 hours of delivery and they will be happy to help resolve any problems. Any damages reported after this time frame, unfortunately will not be considered..4. Warranty and liability
4.1 The company's liability shall be limited to making good by reimbursement of the whole or part of the price or at its option by repair or by replacement defects developing under normal use of the goods provided that; the defect in question shall have appeared immediately after the buyer has taken possession of the goods and shall have thereupon promptly notified the company in writing, and any goods alleged to be defective shall if so required by the company be promptly returned at the Buyers risk and expense to the Company's head office for inspection and the Company shall not be held responsible for goods damaged by reason of faulty workmanship and the goods installed shall have been installed maintained and serviced properly. The company reserves the right to reject any claims for expenses deemed at the company's discretion to be excessive.
4.1.1 In cases where the Buyer is returning faulty goods as detailed in clause 3.1, the Company will refund the cost of return postage only when:
126.96.36.199 The item is returned by a carrier approved by the Company. Please contact us to check.
188.8.131.52 Proof of payment is provided by the Buyer.
184.108.40.206 The item in question has been received by the Company and has been inspected and deemed to be faulty.
4.2 Notwithstanding anything to the contrary in this agreement, the company shall not be liable to the buyer by reason of representation or implied warranty, condition or other term or any duty at common law, or under the express terms of this agreement, for any indirect or consequential loss or damage (whether for loss of profit or otherwise and whether occasioned by the negligence of the Company or its employees or agents or otherwise) arising out of or in connection with any act or omission of the Company relating to the manufacture of supply of the Products, their resale or use by any Buyer.
4.3 No order submitted by the Buyer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company or a representative of the Company.
4.4 The Company reserves the right, after reasonable notification to the buyer, to make changes in the specification of the Goods which to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Company's specification, which do not materially affect their quality, visual appeal or performance in any way whatsoever.5. Proper law and notices
5.1 All contracts made between the company and the buyer is under English Law, English Law shall govern the Buyer and the buyer shall submit to the jurisdiction of the English courts. Any notice required to be given either by facsimile transmission to the companies head office, by email to the company’s mailbox, or by first class post addressed to the registered office and / or head office of the party for which it was interested.
5.2 The third party HTTP links provided on this website are intended as a resource to be visited at your discretion. The Company is providing these links as a courtesy and makes no representations regarding the information related thereto. The Company will not take any responsibility for consequences arising from the use of the links. Nor will the Company respond to any questions, complaints or claims regarding the content of such links.
5.3 In cases where the Buyer has specified the name of a company in stage 1 of the website checkout process, the contract will be with that company rather than the named individual. The contract will now therefore be subject to the Distance Selling Regulations (2013).Bathroom Discount Centre is a trading name of Merchant Management Limited