Terms & Conditions
1. About these Terms and Conditions
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. Your order constitutes an offer to us to buy a Product or Products and is a binding contract. By purchasing goods from Bathshop321.com you are agreeing to be bound by these terms.
2. How The Contract Is Formed Between You And Us
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes as an offer to us to buy our products. All orders are subject to acceptance by us. The contract between yourself and Bathshop321 will only be formed when we dispatch your items.
2.2 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. Your Consumer Rights
4.1 If you are contracting as a consumer, then subject to clause 4.3, 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 with our returns policy (set out in clauses 10-13 below) you will receive a full refund of the price paid for the Products, but you will be responsible for the cost of returning the Products to us. Please see clauses 10, 11, 12 and 13 for further info.
4.2 To cancel a Contract, you must inform us in writing (preferably email ) You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal 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 any Products:
i) That have been custom made to suit your specifications;
ii) Which by reason of their nature cannot be returned; or
iii) Which you purchased through our showroom or collection through our warehouse
4.4 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 you 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, especially if using PayPal, if you provide us with incorrect details you may incur additional charges.
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 0844 8112 321.
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 Product and preparation of a Quality Control Report.
5.6 In the unlikely event that you or your servant or agent (including plumber or other installer) discover a defect upon taking delivery of a Product, then not withstanding your rights under clause 9 and 10 below, we require that you notify us as soon as possible, and in any event no later than 7 working days of the date of delivery (or such longer period as we may, in our absolute discretion, otherwise agree to), and before any installation work is undertaken. We will then deal with the Product in accordance with our returns policy for defective products under clause 12 below.
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 (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 priority delivery service will offer you a guaranteed delivery day but please note the courier company will not book in with you.
6.4 If you have not heard from us within 4 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 and hour before they arrive on site. Please make sure your contact details are correct at the time of placing your order.
7. The 7 Day Money Back Guarantee
7.1 We are confident that you will be delighted with your goods. In the unlikely event that you should wish to return an item to us, we are pleased to offer a 7 day money back guarantee of your full purchase and transaction price, commencing the day after delivery and lasting 7 working days.
7.2 We cannot refund goods that have not been subjected to reasonable care whilst in your possession or that have been or attempted to have been installed or fitted. Refunds will only be issued when goods have been returned and checked by our returns department.
8. Checking Goods for Damage and Notifying Bathshop321
8.1 For small item deliveries that arrive by courier you agree 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 are 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 but not compulsory. This period of 48 hours also in no way affects or changes your statutory rights.
8.2 For bulky deliveries that arrive on pallets you agree 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. You agree 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. If we are not notified of damage within 48hrs we are unable to claim from either the manufacturer or the carrier. This period of 48 hours in no way affects or changes 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 Returns Policy under faulty goods.
9. Returns Policy
9.1 If you need to return a product to us for any of the below reasons you must first complete the Customer Returns & Refunds Form (follow link to form).
10. Returns Policy - Changed Your Mind
10.1 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.
10.2 If you cancel your order before goods are shipped, then we will refund the delivery cost along with the cost of goods.
10.3 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. We suggest that you take out carrier insurance because if the goods do not arrive back in re-saleable condition no refund will be made. 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).
10.4 Refunds will only be issued when goods have been returned and checked by our returns department and processed within 30 days of you giving notice of the cancellation. The products must be returned as new and where applicable in their original packaging. 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.
11. Returns Policy – Incorrect Goods
11.1 By placing an order with us, you agree to check all goods upon arrival and notify us within a reasonable time of the error.
11.2 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.
12. Returns Policy – Faulty Goods
12.1 Following delivery of the goods it is your responsibility to thoroughly inspect all your items as soon as possible. .
12.2 If you discover your product to be damaged within the timescales of the stated manufacturer's warranty you need to complete the Customer Returns & Refunds Form (follow link to form).
12.3 Where possible you may need to provide photographic proof of the damage/fault and this will help us to assess the best course of action. Faulty items will be assessed on a case by case basis we will notify you as soon as practicably possible of the result. We aim to work through this with you.
12.4 If we deem the product to be faulty we will replace it 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, we will refund the full item value plus any costs incurred in returning the item too us.
13. Pricing errors and genuine mistakes
13.1 The price of any Products will be quoted on our website, except in cases of obvious error.
13.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Options.
13.3 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.
13.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced or have the correct information. Where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
13.5 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect lower price.
13.6 Payment for all Products must be by PayPal, credit and 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.
14. 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.
15. Our Liability
15.1 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.
15.2 The provisions in clause 15.3 shall only apply if you are contracting as a business and not as a consumer.
15.3 Subject to clause 15.6:
a. we shall under no circumstances whatever 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.
15.4 If you intend to install a Product you have purchased from us through a plumber or other installer and, prior to the installation, you are aware of a defect as referred to under clause 12, or your plumber or installer should reasonably be expected to discover and therefore become aware of any such defect upon inspection, then if the planned installation proceeds we will not be responsible for any costs of reinstallation, incurred by you or your plumber or other installer, which you may subsequently claim to have been necessary as a result of the defect.
15.5 In the event of us agreeing to reimburse you for the costs of reinstallation (for instance, if we determine that the Product in question was defective when installed but such defect may not have been clearly apparent to you or your plumber or other installer) 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.
15.6 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);c. 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.
16. Events outside Our Control
16.1 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).
16.2 A Force Majeure Event includes any act, event, non-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.
- Or any other event that constitutes as an act of God
16.3 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 or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 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.
17.2 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.
19. Entire Agreement
19.1 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.
20. Our Right to Vary These Terms And Conditions
20.1 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.
21. 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 our goods and checked they are in perfect condition. Any modifications of products will invalidate the warranty. We will not be held responsible for any delays in delivery once the item has left our warehouse. Should there be damage to your goods then our liability for losses you suffer as a result of this is strictly limited to the purchase price of the product you purchased. We are not responsible for indirect losses which happen as a side-effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, waste of management or office time).
If you are in any doubt, just call one of our specialist bathroom experts on 0844 8112 321.