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Terms & Conditions

Please read these terms and conditions carefully before ordering any Products from our website. Bathroom Luxe reserves the right, at any time, to modify, alter, or update these terms of use.

Please note that these Terms and Conditions apply only to the consumer.

Terms and Conditions – Index

1.0 CONDITIONS

1.1 In these terms and conditions:

‘goods’ means the goods (including any instalment of the goods or any parts for them) which the Supplier is to supply in accordance with these terms and conditions.

‘Supplier’ means:

Bathroom Luxe (Gilesgate Plumbing & Bathroom Supplies Ltd)

Unit 3 St Andrews Trade Park, Gilesgate, Durham. DH1 2QX.

Company Registration Number 11336578

‘Website’ means www.bathroomluxe.co.uk

‘Consumer’ means a person who acquires goods and services for his or her own personal needs (i.e. not corporations or businesses) and excludes commercial users.

2.0 ORDERING OF GOODS

2.1 On completion of placing your order online, you will receive an email acknowledgement (to the email address provided when placing the order). Please note that this does not mean that your order has been accepted by us. The contract between us is formed when the goods are dispatched. Bathroom Luxe reserve the right, at any time prior to acceptance, to refuse any order or any part of an order.

2.2 If goods are ordered over a weekend, Bank Holiday or after 1.00pm the order date is taken as the next working date.

2.3 If any goods are priced in error, Bathroom Luxe will not be bound to honour incorrect prices.

3.0 CANCELLATION OF ORDER

You may cancel your order at any time within a period of 14 working days, calculated from the date the transaction is completed, subject to clause

3.21 and 5.2.

3.1 Cancellation forms are available to the consumer on request, the cancellation for is available to prior to entering into any sales contract and available on request during the cancellation period. Please email us with your request and we will email you a copy. Our contact email is: [email protected]

3.2 If the order has already been dispatched from the warehouse you will be charged the actual cost of returning the product back to Bathroom Luxe.

3.21 Bespoke, special and made to order goods that are made to order to the consumer’s specifications, or are clearly personalised; i.e. specific colours, finishes, dimensions, drillings or similar; including all such items procured and shipped from items inside or outside of the UK, may not be cancelled, returned, or refunded after ordering. For clarity all such goods are shown as “Special Order” on our website and classified with delivery timescales of 14 days or more days.

3.3 Qualifying refunds will be totally at the discretion of Bathroom Luxe. We will look to issue any such refund as soon as possible on supplier agreement and in any case within 30 days of us receiving such refund or agreement thereof.

4.0 DELIVERY OF GOODS

4.1 For goods which are shipped on a pallet, the goods will be delivered as close as possible to your front door. The delivery drivers are not insured to take their vehicles off the public highway. If your property is unreachable for any reason, such as access being on a private road, up a flight of stairs (such as flats), or any other obstruction (Inc. Narrow streets, controlled parking zones, road markings), delivery will be made as near to your property as possible. Large deliveries are delivered as a ‘kerbside drop’, please ensure there is sufficient access to your delivery address for large vehicles.

4.2 The refusal of a delivery due to examples in 3.2 and 4.1, will lead to the actual cost of returning the pallet/parcel to Bathroom Luxe.

4.3 The delivery will be made by a single driver and delivered as close as possible to the front door (please see 4.1).

4.4 The driver is not insured to take the goods inside your property. So therefore if the goods ordered are of a heavy or bulky nature, it is strongly recommended that at least two able bodied persons are available to get the goods inside the property.

4.5 Delivery dates are approximate, please do not arrange fitting of the items until they have been delivered and checked for discrepancies/damages.

4.6 All delivery dates are given in good faith, the Seller shall not be responsible for any delay in delivery of the Goods howsoever caused. The time for delivery shall not be of the essence.

5.0 CHECKING OF GOODS, DAMAGES & SHORTAGES

5.0 All goods should be thoroughly checked for any defect or damage which should be reported to us within a maximum period of 24 hours of delivery and always prior to installation.

By agreeing to our terms and conditions you agreeing thereby the following:

5.11 All small, medium and large items that arrive by courier, must be checked and you agree to thoroughly checking the packaging and goods for damage within 24 hours of arrival, furthermore you agree to notify us via email of any shortfall or damage (with attached damage/shortage photographs), to be sent to [email protected] bathroomluxe.co.uk within 24hours of delivery. If the packaging of the item appears damaged on delivery, you must confirm and write ‘damaged’ on the delivery note.

5.12 For items which are dispatched using a pallet service please check the goods for damage. Any products or packaging damaged in transit must be noted at the time of delivery and documented on the delivery note. The delivery driver will wait for up to 15 minutes whilst you thoroughly check the items for damage. If you have purchased a large number of items, it is advisable that you have another able bodied person to help in checking of the goods. You must inform us also of any such defect or damage, in writing and within a maximum period of 24 hours of delivery and always prior to installation.

5.2 The removing or breaking security seals goes beyond the sort of handling that might reasonably be allowed in a shop, items with broken or removed security seals may not be returned.

5.3 If part of an order is damaged on delivery, please refuse the entire order and notify us as soon as possible so that we can arrange delivery of the replacement order.

5.4 If you appoint someone else to receive and sign for the goods on your behalf, you agree to advise them that the goods must be checked and you accept full responsibility for any damage or losses if they sign on your behalf.

5.5 From the time of receipted delivery of the goods. Any loss or damage to the goods shall be at your own risk.

5.6 If a bespoke item arrives damaged, a replacement will be dispatched once manufactured.

6.0 RETURNS POLICY – NON-FAULTY GOODS

6.1 If you do not require a product when you receive it, you may cancel your order at any time within a period of 14 working days, calculated from the date the transaction is completed, subject to clause 3.21 and 5.2 above.

6.2 To cancel your order please notify us immediately in writing and preferably by email (to [email protected]) and you will be issued with a cancellation / returns declaration form by email. You will need to complete the appropriate cancelation / returns declaration form and return it to us preferably via Email.

6.3. The cancellation / returns declaration form must be complete in full and returned to us for acceptance to [email protected]

Once we have received the form, will confirm our acceptance or non-acceptance of the cancellation / return by email, as soon as reasonably practicable.

Only at such time and outcome should any item/s be returned to us. Please note, we are unable to accept any returns or issue any refunds until we have received the returns declaration form fully complete and within the statutory cancellation / notification period.

6.4 All returns requests (post correct cancellation notification) must be raised within 14 days of receiving your goods. Returns raised after this period will not be accepted.

6.5 If you cancel your order under these provisions, then you will be responsible for returning the goods to us in a good condition and at your own cost, this includes goods, which by their nature cannot normally be returned by post. You have a responsibility of care, by law to ensure that the goods are returned and received by us in a good condition and unused.

6.6 If the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, then that amount will be deducted up to the total contract price.

For the purposes of clarity handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

6.7 Bathroom Luxe reserves the right to claim damages for a breach of duty of care if the returned product are unsuitable for resale.

6.8 Due to hygiene concerns some of our products, such as toilet seats, cannot be returned once opened. If you require a viewing of these goods before purchasing please visit our showroom.

6.90 Bespoke / Special Order items as described in clause 3.21 cannot be cancelled, returned or refunded.

6.91 Bathroom Luxe reserve the right to charge reasonable handling costs and restocking costs as appropriate to the item returned & the circumstances relating to the return.

6.92 The right to cancel does not apply to goods to the value of £42 or less

6.93 Goods with broken or removed security seals may not be returned, all as described in clause 5.2

7.0 RETURNS POLICY – FAULTY GOODS

This applies to goods which develop a fault after installation and not transit damage (please see section 5, for damaged goods in transit).

7.1 All goods supplied by Bathroom Luxe come with a 12 month warranty period guarantee. When Products are stated as having longer guarantees, these guarantees are covered by the Manufacturer and not Bathroom Luxe. Please note this does not affect your statutory rights.

7.2 All returned faulty goods are tested by the manufacturer and if the item is not faulty the product value will be refunded minus the cost of the testing process.

7.3 If your purchase develops a fault within the 12 month warranty period then please notify Bathroom Luxe accordingly. In most cases the manufacturers offer an extended warranty and you should therefor contact the manufacturer directly quoting the extended warranty and date of registration thereof. A service engineer may visit your property to repair or replace the faulty item, if the fault is not causing any damage then please do not remove the installed item as this could void your guarantee.

8.0 COLLECTION OF GOODS

8.1 You can pick up goods from our Showroom / Warehouse, however please await email confirmation before visiting or arranging picking-up of goods.

8.2 Bathroom Luxe personnel are not insured to load customer’s vehicles, so make sure you have an able bodied person to help in the loading of your goods.

8.3 Please ensure that you thoroughly check all goods you have collected, as Bathroom Luxe cannot consider any claims for damage or shortages after the items have left our premises. This does not affect your statuary rights.

9.0 DELIVERY OF GOODS, SERVICE OF CONTRACT

9.1 If you select the delivery option during the checkout stage, you are agreeing to enter into the delivery service contract.

9.2 Once the items have been dispatched from our warehouse the service contract cannot be cancelled.

9.3 The refusal of a delivery, may lead to the actual return cost being charged.

10.0 LIABILITY

10.1 Nothing in these terms limits or excludes our liability for:

Death or personal injury caused by our negligence

Fraud or fraudulent misrepresentation

Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)

Defective products under the Consumer Protection Act 1987

10.2 If you are acting in the course of a business, trade or profession (a business user) we shall:

Under no circumstances be liable to compensate 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. For the avoidance of doubt, we shall have no liability to compensate you in relation to your use of the Website or its content whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise, except for any refund we make under any other agreement between us or otherwise at our discretion.

Without prejudice, if you are acting as a business customer in your ordering and/or purchasing of goods, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:

Loss of profits, revenue, sales, income, or business

Loss of savings

Loss of use or production

Loss of goodwill

Business interruption

Remedial costs if the goods are damaged or defective

Damage to property or possessions through use or misuse of the goods

Loss caused by delay or other late performance

Indirect or consequential losses

Our total liability to you in respect of any 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 goods you have purchased.

10.3 If you are a consumer:

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

We only supply the goods to you for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.0 WARRANTY

11.1 The warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Suppliers instructions, misuse, or any alteration or repair carried out without the Suppliers approval.

12.0 WRITTEN COMMUNICATIONS

12.1 By law we have to provide written information to you regarding your rights as a consumer. When using our site, you are accepting that we have provided all such information to you digitally by way of the terms and conditions as listed on our website and that you accept that these terms and conditions are binding to you and form a contract.

For clarity you will be asked to tick a box and confirm the following at checkout.

* I have read and agree to the website terms and conditions *

13.0 EXTERNAL SITES

13.1 Bathroom Luxe is not responsible for the availability of, or content located on or through any external site linked to www.bathroomluxe.co.uk, nor for any transactions between you and such sites.

13.2 If you have any concerns regarding 3rd party sites linked to www.bathroomluxe.co.uk, please notify us as soon as possible and an investigation will be carried out.

14.CUSTOMER FEEDBACK

As Bathroom Luxe continues to grow, we would like to use comments and feedback supplied by our customers to improve our customer service levels and product ranges.

14.1 By sending us your comments regarding products and/or customer services, you agree that we can publish them online.

14.2 If you have experienced any problems with our service then you will need to notify us accordingly giving our customer services department an opportunity to investigate and respond to you. Please notify us with the facts in writing by cover of a signed letter in physical format. All letters should be address as detailed below (see clause15 to 15.4).

14.3 If after 14.2, you feel that you have not been treated justly, please do not leave feedback on any online resource without adding the feedback from our customer services department to give a balanced view as publication. Please note publication of defamatory material may result in legal action for libel against the publisher.

14.4 By law all reviews must be permissible, truthful and not of exaggerated opinion. Reviews placed outside of the law are deemed as Defamation and therefore subject to Libel. A review with exaggerated content or not truthful, which may be harmful to a business is considered to be defamatory.  A written review which is defamatory is known as Libel if:

14.41   It’s in written form;

14.42   It contains either false, exaggerated or dishonest opinion.

14.43   It has caused or has potential to cause harm and financial damage.

14.44. It can cause to the subject to have been lowered in the estimation of ‘right thinking members of society’.

14.5 The buyer hereby agrees with the seller to remove any such content (at the request of the seller) which in the sellers opinion is identified as being a breach of clauses 14.40 to 14.44 and all such content should be removed with immediate effect. Should the buyer disagree with the seller, then the buyer must confirm in writing to the seller within 7 days of such notice being received from the seller, the reason for non-removal of such content thereof.

15.0 COMPLAINT POLICY

15.1 Complaints must be confirmed to us in writing by cover of a signed letter in physical format. We do not accept or respond to complaints in any other format, this includes email or any other form, including all digital means. All such correspondence should be addressed to:

The Manager

Bathroom Luxe (co Gilesgate Plumbing and Bathroom Supplies Ltd)

Unit 3 St Andrew Trade Park

Durham DH1 2QX.

15.2 All complaints will be acknowledged by us within a period of 7 working days from the date of receipt.

15.3 We shall look to respond to the contents of any complaint within a reasonable timescale taking into account the content of the complaint, normally within 7 to 10 working days (dependant on the complaint itself).

15.4 The person responsible for dealing with customer complaint is classified as “The Manager”