Terms & Conditions
i. ‘Conditions’ means the standard terms and conditions of business set out below, and any revision of them, and any special conditions agreed in writing between the Company and the Customer.
ii. ‘Company’/ ‘We’/ ‘Us’ means Old Fashioned Bathrooms, whose registered address is Old Fashioned Bathrooms, Stonham Road, Mickfield, Suffolk. IP14 5LS.
iii. ‘you’ means any user of this Website and any customer purchasing by telephone, facsimile, e-mail or from our showroom, and includes your agent or employee.
iv. ’Goods’ means the goods, including an instalment of the goods or any parts of them, which the Company supplies in accordance with these Conditions.
v. ‘Contract’ means any order for Goods by the Customer which is accepted by the Company.
vi. ‘Website’ means the pages published on the Internet with the URL www.oldfashionedbathrooms.co.uk or any other website owned or operated by the Company at any time.
vii. ‘Personal Information’ means your details which you provide to us including, but not limited to, your name, address, telephone number and payment card details.
viii. ‘Special Order’ means an order for any Goods which the Company does not normally keep in stock (non-stock items), or which are manufactured, painted, stained, customised or altered for you in any way.
i. The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
ii. Your statutory rights are not affected by the Conditions where you are a consumer as defined by the Distance Selling Regulations 2000.
iii. If any part of the Conditions is deemed unenforceable, unlawful or void for any reason, this shall not effect the enforceability and validity or the remaining provisions of the Conditions.
iv. By using the Website or by placing an order with the Company, you agree to adhere to and accept the Conditions in place at the time. If you do not agree to the Conditions, then you must stop using the Website or placing any orders immediately.
v. You agree to use the Website for lawful purposes and to comply with all relevant statutes, laws and regulations relating to the Website and any transactions conducted thereon.
vi. You are responsible for maintaining adequate virus protection software on your computer. The Company makes no warranty regarding freedom from, or accepts any liability for, any viruses on the site or server.
vii. Any third party links to other websites are accessed by you at your sole discretion and risk.
vii. The Company reserves the right to alter prices listed on the Website and/or in its published brochure and/or price list and/or displayed in its showroom, without prior notice to you. Any error or omission in the Website, in any literature and/or in any display by the Company, shall be subject to correction without any liability on behalf of the Company.
ix. The Company reserves the right to modify or withdraw the Website and/or any products without prior notice or liability to you.
viii. All specifications, colours and timescales displayed on our Website or otherwise given to the customer, are intended as a guide only. The Company does not accept any liability for any preparation work or labour hired or any other expense incurred based on such specifications, colours or timescales. Time of delivery is not the essence of the Contract.
x. You acknowledge that the information regarding the products on the Website is provided in discharge of the Company’s obligation to provide information to consumers under Regulations 7 & 8 of the Distance Selling Regulations 2000.
xi. The Company is not liable for any advice or recommendation given regarding the suitability or use of a product unless the advise or recommendation is confirmed in writing.
i. The Company will comply with current English Data Protection and Consumer legislation. Information is held in accordance with the notification provided to the Information Commissioner pursuant to the Data Protection Act 1998.
ii. We will use the Personal Information obtained by the Company for the purpose of processing your order and fulfilling the contract and for statistical purposes to monitor and improve the Website.
iii. We will also use your Personal Information to notify you of products or special offers which may interest you, unless you advise Us in writing that you do not wish to be contacted for such purposes.
iv. Your Personal Information will only be disclosed to third parties for the purpose of helping process and/or deliver your order and/or obtaining payment.
v. We will not disclose your Personal Information to any third party for mailing or marketing purposes.
vi. We will take all reasonable care, as required by the Data Protection Law, to keep your Personal Information, order and payment details secure, but unless We have been negligent or breeched any applicable law, We will not be liable for any loss which you may suffer if a third party procures unauthorised access to data which you provided when accessing or ordering from the Website.
4. PERSONAL INFORMATION
i. You agree to provide the Company with true, complete and up-to-date Personal Information.
ii. You agree to notify the Company immediately of any changes in the Personal information relating to your order either by email or telephone.
iii. You will not, either in person or on the Website or by telephone, use a false name or a name you are not authorised to use or impersonate any other person or entity.
iv. You agree to fully indemnify the Company from and against all claims, liabilities and costs arising from any other person other than yourself accessing the Website using your Personal Information.
5. YOUR ORDER
i. You must be over 18 years to place an order.
ii. No Contract exists between you and the Company for the sale by the Company to you until and unless We confirm in writing, by email or otherwise, that We have accepted your order.
iii. The Company reserves the right to not accept an order. If the Company does not accept your order, any payment already made by you will be refunded to you.
iv. If a product is not in stock we will place it on back-order for you.
v. We will contact you if there is any problem or query with your order or We need to obtain further information, such as your choice of paint colour.
vi. It is your responsibility to ascertain the exact colour of the paint chosen. Any colour samples displayed on the Website or elsewhere are intended as a guide only.
vii. Payment will be taken at the time or order.
viii. The Company only accepts UK registered credit and debit card payments. We do not accept cheque payments.
6. ORDER AMMENDMENTS AND CANCELLATIONS
If the Contract for the purchase of Goods has been concluded without any face to face contact having occurred between us then, under the Distance Selling Regulations 2000, you may have a 7 day period from the date when the Goods are delivered in which to cancel this Contract. This right to return Goods does not apply to Special Order Goods, non-stock Goods including all nickel and gold finish products, and/or customised Goods.
i. If you wish to amend or cancel an order and it has not yet been despatched to you, contact the Company immediately by email on email@example.com giving your name, order number, order date and details of the change or cancellation. We will advise you whether We can act on your request, but We may have already placed your order with our supplier and/or customisation of the Goods may have already begun. In these circumstances, We may not be able to cancel/amend the order.
ii. Orders for non-stock, customised and/or special order Goods, including gold and nickel finish items, cannot be amended or cancelled. These Goods cannot be returned.
iii. Shower enclosures cannot be returned once their box has been opened.
iv. In no circumstances can any Goods be returned once they have been installed.
v. If you wish to return any stock Goods, contact the company by email or telephone within 7 days of the receipt of the Goods, and request a Returned Goods Form. Complete it fully and enclose it with the returned Goods. Goods will not be accepted unless a Returned Goods Form has been issued by Ourselves, and has been fully completed and returned with the Goods.
vi. The Goods must arrive back at the Company within 21 days of the Company sending out the Returned Goods Form.
vii. It is your responsibility to ensure that the returned Goods reach the Company in perfect condition. We do not accept liability for the carriage of unwanted Goods and therefore recommend that you take out carrier insurance.
viii. The Goods must arrive back at the Company in a re-saleable condition. Boxed Goods must be returned in their original box which must not have been damaged or written on or defaced in any way otherwise the Goods will be deemed unfit for re-sale and no refund will be given for them.
ix. Upon receipt of the Goods, We will inspect them, and their packaging if applicable, and providing they are in a re-saleable condition We will refund you the amount you paid for them, excluding any carriage charge.
i. All orders are subject to a delivery charge. The current delivery charges are displayed on the Website and are subject to change without notice to you. It is your responsibility to check the charges prevailing at the time you place your order.
ii. If the Company needs to change the amount that it has charged you for delivery and you do not agree to the change, then you will have the option to cancel the order.
iii. Delivery times are as agreed between the Company and you, and not as provided for in the Consumer Protection (Distance Selling) Regulations 2000 where applicable.
iv. Any delivery dates given are estimates and tradesmen should not be booked until all the order has been received and all the items have been checked and found to be correct and in good condition. Time of delivery is not the essence of the Contract.
v. Delivery is to the card holder’s registered address.
vi. Delivery will be made to the nearest hard road point accessible to a large lorry. If your address is not accessible to a large lorry you must contact Us before ordering. We may be able to make other arrangements, for which there may be a surcharge.
vii. On delivery, the driver will need assistance to unload large or heavy items. At least three able people will need to be available to assist with unloading the cast iron and bateau baths.
viii. On delivery, it is your responsibility to check that you are signing for the correct number of packages. Do not sign to accept any damaged packages unless you first check that the contents are not damaged.
ix. On delivery, the risk of damage to or loss of the Goods passes to you.
8. GOODS FOUND DAMAGED OR INCORRECT AFTER DELIVERY
i. It is your responsibility to inspect the Goods you have received, and advise Us within 24 hours of the receipt of the Goods, if any item has been damaged in transit or is faulty or if you have received an incorrect item or if all the items listed on the delivery note have not been received. If you do not advise us within the 24 hours of delivery no replacement or refund will subsequently be offered at a later date.
ii. Before opening a shower enclosure box, check the label on the box to ascertain that it is the correct product. Shower enclosures can not be returned once the box has been opened unless they are faulty or damaged.
iii. Do not destroy any packaging until you are sure that all the items are in good condition and are as ordered.
iv. Do not install any damaged, faulty or incorrect item. Goods cannot be returned once they have been installed.
v. If any items are missing, telephone or email the Company immediately on firstname.lastname@example.org
vi. If any item is damaged, faulty or incorrect, telephone or email the Company immediately to request a Returned Goods Form.
vii. Package the damaged, faulty or incorrect item securely in its original packaging and affix the address label to the box. Do not write on the box, damage or deface it in any way.
viii. Complete the Return Goods Form and return it to Us as soon as possible, and in any case within 21 days of the Company sending out the form. We will then contact you to arrange collection of the item.
ix. Upon receipt of the item We will inspect it to verify the damage, fault or error, and when confirmed to be damaged, faulty or incorrect We will arrange for a replacement item to be delivered to you.
Copyright Reeve & Co (Bathrooms & Tiles) TA Old Fashioned Bathrooms 2015