Please note that these Terms and Conditions apply only to the consumer.
Terms and Conditions – Index
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.
Bathroom Luxe which is a trading name of 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. 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
3.1 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.
3.2 The full cancellation policy is defined below within clauses 8.0 and 9.0 inclusive.
3.3 Special order or made to order goods may not be cancelled or returned after ordering. For clarity all such items are classified on our website with delivery timescales shown as 14 days or more. This includes all goods that are ordered and / or shipped from outside of the UK, orders that are made to a consumer’s specification or personalised including specific colours, specific finishes, specific dimensions, and goods requiring drillings or similar. Please note this list is not exhaustive.
4. 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 (Including 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, will lead to the actual cost charge 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 on receipt
5.1 All packaging and 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 the installation of any such goods.
5.11 Small, medium and large items that arrive by courier: You must on arrival thoroughly check the packaging for obvious damage and notify us within 24 hours of any damaged packaging, goods or shortages via email (with attached damaged / shortage photographs) to [email protected]. If the packaging of the item appears damaged, or if any security seals are broken on delivery, you must confirm and write ‘damaged’ or ‘security seals broken on the delivery note, you must also confirm on the delivery note if there are any shortages relating to the goods.
5.12 For items which are dispatched using a pallet service please check the packaging condition and goods for damage and any shortages. All shortages, packaging and products 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. 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.
5.2 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.
5.3 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.
5.4 From the time of receipted delivery of the goods. Any loss or damage to the goods shall be at your own risk.
5.5 Do not break security seals on checking the delivery and / or if in doubt that the goods may be returned for whatever reason.The removing or breaking of 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 or refunded.
5.6 If a bespoke item arrives damaged, a replacement will be dispatched as soon as practicable once manufactured.
6. 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.
6.2 This returns policy is subject to all clauses as contained within section 8.0 and 9.0 inclusive.
This applies only to goods which develop a warranty covered fault after installation. (Please refer to section 5, for all checking of goods, damages, and shortages on receipt).
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, 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 please notify Bathroom Luxe accordingly. In most cases the Manufacturers offer an extended warranty and in this case you should 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 SALES CONTRACT CANCELLATION (applicable to at distance / online sales)
8.1 You have the right to cancel the sales contract within 14 days subject to clause 3.3 and 5.5 above.
8.2 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).
8.3 To exercise the right to cancel, you must inform us (Bathroom Luxe Co Gilesgate Bathroom & Plumbing Supplies Ltd, Unit 3 St Andrews Park, Durham DH1 2QX) of your decision to cancel this contract by a clear statement in letter format by post.
8.4 To meet the cancelation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the 14 day cancellation period has expired.
9.0 EFFECTS OF CANCELLATION
9.1 If you cancel the sales contract, we will reimburse to you all payments received from you. We may make a deduction from the reimbursement for the loss in value of any goods supplied, if the loss is a result of handling by you.
We will make 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 were informed about your decision to cancel this contract.
9.2 We will make 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 additional fees as a result of reimbursement however 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.
9.3 You shall send back the goods or hand them over to us (Bathroom Luxe Co Gilesgate Plumbing & Bathroom Supplies Ltd, Unit 3 St Andrews Park, Durham DH1 2QX) without undue delay and in any event not later than 14 days from the day on which you commutate 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 costs of returning the goods.
9.4 You will be liable for any diminished value of the good resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods, so please carefully check the delivery paperwork, item description and box content description carefully before opening. Do not open or break security seals if you are unsure of the product or if you may want to return the item (please contact us first). For the purposes of clarity excess 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, this includes the removal or breaking of any security seals as this will devalue the goods substantially as second hand stock and the goods will not be returnable to the supplier or manufacturer.
9.5 Special Order or made to order goods as described in clause 3.3 cannot be cancelled, returned or refunded once ordered.
9.6 Bathroom Luxe reserves the right to claim damages and or recover costs for a breach of duty of care if the returned product/s are unsuitable for resale or if they have a diminished value due to consumer handling.
9.7 Qualifying refunds will be issued as soon as possible, normally within 30 days.
10.0 COLLECTION OF GOODS
10.1 A small percentage of items are held on stock at our suppliers, so therefore please await email confirmation (or phone customer services) of pick-up time & date before visiting
10.2 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
10.3 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
11.0 DELIVERY OF GOODS, SERVICE OF CONTRACT
11.1 If you select the delivery option during the checkout stage, you are agreeing to enter into the delivery service contract.
11.2 Once the items have been dispatched from our warehouse the service contract cannot be cancelled.
11.3 The refusal of a delivery, may lead to the actual return cost being charged.
12.1 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
12.2 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:
o Loss of profits, revenue, sales, income, or business
o Loss of savings
o Loss of use or production
o Loss of goodwill
o Business interruption
o Remedial costs if the goods are damaged or defective
o Damage to property or possessions through use or misuse of the goods
o Loss caused by delay or other late performance
o 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.
12.3 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.
12.4 The liability of any import or export duty / charge (if applicable to a product at customs) remains the sole responsibility of the buyer. Worldwide shipping charges are specific to shipping only.
13.0 WARRANTY SPECIAL CONDITIONS
13.1The warranty does not apply to any defect in the goods arising from fair wear and tear, wilful 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.
13.2 Product Maintenance, clean products with a little soap and a moist cloth only, then simply rinse off and wipe dry. You can avoid lime spots by drying the fitting each time it is used. Use a propriety descaler (non‐abrasive) to remove light calcification marks. Always rinse with plenty of fresh water and wipe dry. Do not use abrasive cleaners. Do not use cleaning agents containing solvent or acid, lime scale removers, household vinegar and cleaning agents with acetic acid in them. They are aggressive to the surface ‐ and will leave your fitting dull and scratched.
14.0 WRITTEN COMMUNICATIONS AND ACCEPTANCE OF THESE TERMS AND CONDITIONS
14.1 By law we have to provide written information to you regarding your rights as a consumer. When using our site, you are accepting via a check box (prior to payment) that you have read and understand our terms and conditions (on you placing your order) and accept that this contract and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
14.2 By placing your order on our website you expressly agree that you have read, understood and accept our terms and conditions of sale. Namely these terms and conditions as titled ONLINE PURCHASING TERMS AND CONDITIONS | AT DISTANCE SALES
15.0 EXTERNAL SITES
15.1 Bathroom Luxe are 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.
15.2 If you have any concerns regarding 3rd party sites linked to www.bathroomluxe.co.uk, then please notify us as soon as possible and an investigation will be carried out.
16.0 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.
16.1 By sending us your comments regarding products and/or customer services, you agree that we can publish them online.
16.2 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 clause 17.0 to 17.4).
16.3 If after 16.2, 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.
16.4 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:
16.41 It’s in written form;
16.42 It contains either false, exaggerated or dishonest opinion.
16.43 It has caused or has potential to cause harm and financial damage.
16.44. It can cause to the subject to have been lowered in the estimation of ‘right thinking members of society’.
16.5 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 16.40 to 16.44 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.
17.0 COMPLAINT POLICY
17.1 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:
Bathroom Luxe Co Gilesgate Plumbing and Bathroom Supplies Ltd
Unit 3 St Andrew Trade Park
Durham DH1 2QX.
17.2 All complaints will be acknowledged by us within a period of 7 working days from the date of receipt.
17.3 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).
17.4 The person responsible for dealing with customer complaint is classified as “The Manager”