Terms and Conditions
1. About these Terms and Conditions
1.1 These terms and conditions are in place to protect you and Bathshop321.com. Here we detail our commitment to you and provide a few simple guidelines to make your purchase as smooth as possible. By purchasing goods from Bathshop321.com you are agreeing to be bound by these terms.
Bathshop321.com offers the following for sale:
- Bathroom Products + standard delivery
- Bathroom Products + a range of Additional Delivery Options
Please note that our Additional Delivery Options are offered to you under a separate contract. If you wish to select one of these options you will need to provide your agreement to start the additional service before the end of the cancellation period. If you subsequently cancel your order for the goods we will only reimburse the standard delivery charge. See clause 4 for further details.
1.2 Definition of a consumer:
A person who purchases goods and services for personal use.
1.3 Definition of a trade customer
Any individual, person or intermediary business where goods are sold on to a final consumer or client for a cost or fee. Examples include and do not limit to (but are not limited to) Plumbers, Bathroom Showrooms, Bathroom Distributors or Bathroom fitters.
2. How The Contract Is Formed Between You And Us
2.1 After placing an order (In relation to orders for our products), you will receive an e-mail from us acknowledging that we have received your order. Your order constitutes an offer to us to buy our products. All orders are subject to acceptance by us. Your order will be accepted by us and a contract will then be formed between us when we despatch the goods to you.
2.2. In relation to orders for our Additional Delivery Options
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
3. Your Customer Status
By placing an order through our website, you agree that:
- You are legally capable of entering into binding contracts; and
- You are placing your order from within the UK
4. Cancellation Rights
4.1.1 These rights will only apply if you are contracting as a consumer (see clause 1). See the exceptions in clause 4.3 and …
4.1.2 If you are contracting as a consumer* , you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, and in accordance our Returns Policy (set out in clause 8 – Changed Your Mind) you will receive a full refund* of the price paid for the Products including the standard delivery charge, but you will be responsible for the cost of returning the Products to us. In the event of a partial order cancellation, please note that the standard delivery charge will only be refunded if all the items in the order are cancelled.
4.1.3* The definition in the DSRs is that this is a ‘natural person acting for purposes outside of their business’.
4.2 To cancel a Contract, you must inform us in writing (preferably email). You must return the Products to us at your own cost and risk. We ask you to return them promptly and, where possible, with the original packaging. You have an 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 You will not have any right to cancel a Contract for the supply of one of our Additional Delivery Options. If you cancel a Contract for the purchase of goods, you will still receive a refund of our standard delivery charge. See clause 1 for further details.
4.4 You will not have any right to cancel a Contract for the supply of any Products which:
i) have been custom made to suit your specifications;
ii) by reason of their nature cannot be returned; or
iii) you purchased through our showroom or collection through our warehouse
4.5 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation*. This provision does not affect your statutory rights as a consumer.
5. Delivery Procedure and Quality Control
5.1 Deliveries are made by an external professional logistics company. To fulfil your order we will need to provide the courier company with your personal details, name, and address and telephone number. As such please ensure all details are correct and up to date. If you provide us with incorrect details you may incur additional charges if we have to redeliver the goods to a second and correct address.
5.2 You will receive a dispatch notification or confirmation email from us once your product has been sent. If you do not receive this please do not hesitate to contact one of the team on 01616 360 739.
5.3 Smaller items will be delivered without prior notification however if you are not home they will leave a drop note so you can re-arrange delivery or collect the item yourself from the local depot.
5.4 Larger items are sometimes palletized for delivery; the pallet will be delivered as close as possible to your front door. If this location is unreachable for any reason, such as a narrow street, up a flight of stairs (such as flats) or any other obstruction, delivery will be made as near to your property as possible. The driver is not insured to take the goods inside your property. The pallet will be delivered to the location as stated above and it is strongly recommended that at least two able bodied persons are available to receive the delivery and carry the goods inside.
5.5 Before any of our products are loaded onto our delivery vehicles and leave our premises to be delivered to you, we undertake a quality control check which consists of a visual examination of the unwrapped Product and preparation of a Quality Control Report.
5.6 As much as we have endevoured to advertise, standardise and inform our clients of our shipping costs, From time to time we receive an order that Logistic companies sruggle to deliver to. We reserve the right to modify your shipping fees dependant on geographical location. Should you reside in a remote or difficult area to deliver to ( ie : an island, Scottish Highland, Remote mountain area ) We will contact you to inform you of such changes and take additional payment. Should the product be under a "Free shipping" promotion, this will appear to normal order that do not encounter such geographical difficulties. We will always do our best to cover such difficult situation in promotions.
6. Delivery Timescales
6.1 We will attempt to adhere to the below timescales as far as possible but we do not in any way guarantee a delivery date. Any delivery dates or times provided during the checkout process are estimated and are subject to change. Invariably we will contact you to confirm any subsequent changes.
6.2 Smaller items should be delivered within 4 working days after you receive a dispatch notification.
6.3 For larger items our logistics department will contact you by phone. (usually within 48hrs after you order to arrange delivery with you). If you miss a prearranged delivery you may be liable for a redelivery charge this is at the courier’s discretion. Our “Guaranteed AM” delivery service will offer you a guaranteed delivery day but please note the courier company will not book in with you, rather a customer service representative from BathShop321 will book this in with you. If you select this option, BathShop321 will phone you to confirm the delivery day.
6.4 If you have not heard from us within 4 working days of receiving your order confirmation please contact us and we will assist you in tracking you order.
6.5 Our delivery drivers where possible will always endeavour to phone you an hour before they arrive on site. Please make sure your contact details are correct at the time of placing your order.
7. Checking Goods for Damage and Notifying Bathshop321
7.1 For all deliveries, we strongly advise you to open all boxes and thoroughly check the goods for damage on the day of delivery and notify us of any damage within a reasonable time. Do not sign for goods that are obviously damaged on receipt, please refuse the delivery. If there is any noticeable damage please let us know as soon as reasonably possible. If we are not notified of damage within 48hrs we are unable to claim from either the manufacturer or the carrier. Your help in this matter is greatly appreciated. This does not affect your statutory rights.
7.2 For bulky deliveries that arrive on pallets we strongly advise you to check the condition of the pallet and sign the driver’s delivery note only if the items seem in good condition. The courier will wait while the outer black wrapping is taken off to check for outer damage, but this must be completed immediately. The driver is not expected to wait while the pallet is unpacked. However, if the driver refuses to wait while you remove the outer wrapping, please refuse the delivery.
7.3 If someone else is signing for the goods on your behalf you agree to advise them that the goods must be checked.
7.4 If you discover your product to be damaged within the time-scales provided above then please follow the procedure detailed in our Returns Policy (set out in clause 8 – Damaged Goods).
8.1 For small item deliveries that arrive by courier, we strongly advise you to open all boxes and thoroughly check the goods for damage on the day of delivery and notify us of any damage within a reasonable time. Do not sign for goods that are obviously damaged on receipt, please refuse the delivery. If there any noticeable damages or faults please let us know as soon as reasonably possible. If we are not notified of damage within 48hrs we are unable to claim from either the manufacturer or the carrier. Your help in this matter is greatly appreciated. This does not affect your statutory rights.
8.2 For bulky deliveries that arrive on pallets we strongly advise you to check the condition of the pallet and sign the driver’s delivery note only if the items seem in good condition. The courier will wait while the ‘outer black’ wrapping is taken off to check for outer damage but this must be completed immediately (the driver is not expected to wait while the pallet is unpacked), if the driver refuses to wait while you do this please refuse the delivery. We strongly advise you open all boxes and thoroughly check the goods for damage on the day of delivery and notify us of any damage within a reasonable time. If we are not notified of damage within 48hrs we are unable to claim from either the manufacturer or the carrier. This does not affect your statutory rights.
8.3 If someone else is signing for the goods on your behalf you agree to advise them that the goods must be checked and you accept full responsibility for any loss or damage if they sign on your behalf and fail to check. If the packaging is damaged in any way then please refuse to accept the delivery.
8.4 If you discover your product to be damaged within the time-scales provided above then please follow the procedure detailed in the Returns Policy under faulty goods.
9. Returns Policy
9.2 We will usually process any refund due to you as soon as possible. Where you have exercised your right to cancel the contract, we will refund you within 30 days. Refunds will usually be made using the same method used by you to pay for your purchase.
Returns Policy - Changed Your Mind
9.3 Talk to our experts first! – We may be able to work with you to resolve the issue. You are within your right to cancel an order placed with us, up to 7 working days from the date your order is delivered for a full refund. Goods returned after this will be subject to a 20% restocking fee. We will not accept return of goods delivered more than 28 days ago.
9.4 If you cancel your order before the goods are shipped, then we will refund the cost of the goods along with our standard delivery charge. If you have paid for one of our Additional Delivery Options, you will have to bear the cost of this less the standard delivery charge – see clauses 1 and 4 for further details.
9.5 If you decide to return goods after they have been delivered; it is your responsibility to arrange this return at your own cost, we can help coordinate this procedure on request. For large palletised deliveries please be aware that the costs to send them back will be considerably higher than you are charged for delivery. ( Currently it costs us £79.99 to arrange a collection and that is what will be charged to you for arranging a palletized return ) We suggest that you take out carrier insurance to protect yourself and the goods against damage. It is your responsibility to ensure that returned goods reach us in good condition complete with all packaging .Please do not write the return address directly on product boxes and rather use a label or a4 sheet of paper adhered well to the outside of the packing. Where possible please try and preserve the packaging as much as possible. If we arrange the return for you we will pass on the cost and charge you the same fee incurred by Bathshop321 to return the goods.
*see paragraph 3.64 of the guidance at http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf.
9.6 Customised Bespoke Made to Measure Products - We will not accept cancellation or return on customised, made-to-measure or bespoke products as these products are exempt from the right to cancel under the Consumer Protection (Distance Selling) Regulations 2000.Examples: Customised, made-to-measure or bespoke products are those that are specially manufactured, altered or modified to your specific requirements i.e. fitted furniture with colour/size/shape variations or whirlpool baths. Another example is where you have ordered a regular bath and then ordered a whirlpool system, air spa or chromotherapy light which requires the bath to be drilled or modified.
Returns Policy – Incorrect Goods
9.7 By placing an order with us, you agree to check all goods upon arrival and notify us within a reasonable time of the error (any errors).
9.8 If you find that the items you have received are incorrect or that there are items missing from the delivery please call or email firstname.lastname@example.org immediately and we will investigate the problem. If it is found that products are incorrect or missing the situation will be rectified as quickly as possible with no additional charges incurred by you. If the error is down to you, you can cancel the order in accordance with our Returns Policy (set out in clause 8 – Changed Your Mind).
Returns Policy – Faulty Goods
9.9 Following delivery of the goods it is your responsibility to thoroughly inspect all your items and notify us of any issues as soon as possible.
9.11 Where possible you may need to provide photographic proof of the fault and this will help us to assess the best course of action. Photos can be emailed to us at email@example.com. Faulty items will be assessed on a case by case basis and we will notify you as soon as practicably possible of the result. We aim to work through this with you.
9.12 If we deem the product to be faulty we will replace it (Where we offer to replace an item we will do so) only once the faulty item has been returned. If a replacement item is required before the faulty product can be returned we would need to charge a small deposit which would be refunded on safe receipt of the faulty item. If we choose not to replace the faulty item but instead refund it where appropriate, we will refund the full item value including outward delivery charges plus any costs incurred in returning the item to us.
Returns Policy – Damaged Goods
9.13 Following delivery of the goods it is your responsibility to thoroughly inspect all your items and notify us of any issues as soon as possible. If we are not notified of damage within 48hrs we are unable to claim from either the manufacturer or the carrier. Your help in this matter is greatly appreciated. This does not affect your statutory rights.
9.14 Products returned by you because of a defect (damage) not caused by you or your servant or agent (including plumber or other installer) will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.15 Damaged goods will need to be examined and warehouse order notes checked before any refund is authorised.
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.
10. Pricing errors and genuine mistakes
10.1 The price of any Products will be quoted on our website.
10.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Options.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation email.
10.4 We aim to keep our website up to date and error free but on occasions, product description or pricing errors may occur. If we discover such an error after you have placed an order, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
10.5 Payment for all Products must be by PayPal, credit card or debit card. We accept payment with Visa, MasterCard, Visa Delta, Switch and Maestro. Payment will be debited at time of order through the PayPal Pro Card payment system.
11. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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.
12. Our Liability
12.1 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.
12.2 If you are contracting us as a business and not as a consumer
a. we shall under no circumstances whatsoever 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
b. 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.
12.3 If you decide to proceed with an installation when you are already aware of a defect, or where your plumber or installer should reasonably have discovered the defect, we may not be responsible for any installation or removal costs incurred.
12.4 Where we agree to reimburse you for the costs of installation, 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. Any difference is opinions or disputes regarding faults or warranties will be dealt with on an individual case by case basis.
12.6 Nothing in these terms and conditions shall limit or exclude our liability for:
- fraud or fraudulent misrepresentation;
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987; or
- Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13. Events outside Our Control
13.1 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).
13.2 A Force Majeure Event includes any act, event, happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any other event that constitutes as an act of God
- Severe weather such as floods, blizzards, snow storms, hurricanes, tornado’s and earthquakes as this may also impact on delivery.
13.3 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. If the event continues for more than 48 hours, either party can terminate the contract without liability.
14.1 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.
14.2 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.
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.
16. Entire Agreement
16.1 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.
17. Our Right to Vary These Terms And Conditions
17.1 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.
18. Law And Jurisdiction
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.
DISCLAIMER: We strongly recommend that you do not book a tradesman until you have received the goods and checked they are in perfect condition.
Any modifications of products may void your warranty.
We will not be held responsible for any delays in delivery once the item has left our warehouse and we have sent you dispatch confirmation of the couriers tracking. We agree to deliver goods purchased within 30 days as outlined in the sales of goods act under points 3.17-3.19
If you are in any doubt, just call one of our specialist bathroom experts on 0844 8112 321.