1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
Triton Showers is a division of Norcros Group (Holdings) Limited. Our company registration number is 566694 and our registered office is at Triton Road, Nuneaton, Warwickshire CV11 4NR.
2.2 How to contact us.
You can contact us by telephoning our customer service team at 02476 372222 or by writing to us at CXsupport@tritonshowers.co.uk or via our postal address shown above.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 Writing includes emails.
When we use the words writing or written in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK.
Our website is solely for the promotion of our products in the UK.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown on images on our website.
4.3 Clearance products
All Clearance products purchased directly from this website carry a limited one year parts and labour guarantee, and may have limited spare parts availability. When this occurs, we will, where possible, provide a suitable alternative but will not be responsible for any re-installation costs.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products.
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs.
The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products.
During the order process we will let you know when we will provide the products to you.
7.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you.
If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am - 5pm on Monday to Thursday, and 9am - 4pm on Fridays (excluding public holidays).
7.5 If you are not at home when the product is delivered.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 If you do not re-arrange delivery.
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 If you do not allow us access to provide services.
If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.8 When you become responsible for the product.
The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.9 When you own goods.
You own a product which is goods once we have received payment in full.
7.10 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.12 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 consecutive days in any 12 month period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 12 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.13 We may also suspend supply of the products if you do not pay.
If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.4.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don t have the right to change your mind.
You do not have a right to change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running;
(b) products sealed for static electricity protection (sensitive electronic components), once these have been unsealed after you receive them;
(c) any products which have been permanently installed.
8.5 How long do I have to change my mind?
How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, installation services)? If so, you have 14 days after the day we confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods (for example, a shower)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
(a) By email. Email us at admin_returns@tritonshowers.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Write to us at Triton Showers, Triton Road, Nuneaton, Warwickshire CV11 4NR, and include your name, home address, details of the order and, where available, your phone number and email address
9.2 Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. If you wish to post an item back to us directly or require a collection, please email us at admin_returns@tritonshowers.co.uk to make the appropriate arrangements. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. Please email us at admin_returns@tritonshowers.co.uk to determine the cost of collection.
9.5 How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.1.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, measurements;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02476 372222 or write to us at CXsupport@tritonshowers.co.uk or Triton Showers, Triton Road, Nuneaton, Warwickshire, CV11 4NR.
11.2 Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage. If you wish to return your goods to us directly by post, please call customer services on 02476 372222 or email us at CXsupport@tritonshowers.co.uk to make return arrangements.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product.
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay.
We accept payment with most major Credit and Debit cards, with the exception of American Express and Diners Club. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For services, you must make advance payment of full the price of the services, before we start providing them.
12.5 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 When we are liable for damage to your property.
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services, for example, poorly maintained water stop cocks.
13.3 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products in a commercial application we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information.
We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
14.2 We will only give your personal information to other third parties where the law requires us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms and conditions shall be construed in accordance with the laws of England and Wales, and both parties agree to submit to the jurisdiction of the courts of England and Wales. Where the Service is to be performed in Scotland, this contract shall be construed in accordance with the laws of Scotland, and both parties agree to submit to the non-exclusive jurisdiction of the courts of Scotland.
These conditions can only be amended or varied by written agreement between both parties.
16. TRITON STANDARD GUARANTEE
16.1 With the exception of accessories and Clearance products, Triton Showers guarantee the product against all manufacturing defects for a period identified in the user instructions for domestic use only, from the date of purchase, provided that it has been installed by a competent person in full accordance with the fitting instructions. All accessories such as shower heads, hoses and riser rails carry a one year parts only guarantee against manufacturing defects. All Clearance products purchased from Triton Showers carry a limited one year parts and labour guarantee, and may have limited spare parts availability.
16.2 Any part found to be defective during this guarantee period, we undertake to repair or replace at our option without charge, so long as it has been properly maintained and operated in accordance with the operating instructions - and has not been subject to misuse or damage. This product must not be taken apart, modified or repaired except by a person authorised by Triton. This guarantee applies only to products installed within the United Kingdom and does not apply to products used commercially. This guarantee does not affect your statutory rights.
16.3 What is not covered:
(a) Breakdown due to:
i. use other than domestic use by you or your resident family
ii. wilful act or neglect
iii. any malfunction resulting from the incorrect use or quality of electricity, gas or water or incorrect setting of controls
iv. failure to install in accordance with the installation guide
(b) Claims for missing parts once the product has been installed.
(c) Repair costs for damage caused by foreign objects or substances.
(d) Total loss of the product due to non-availability of parts.
(e) Compensation for loss of use of the product or consequential loss of any kind.
(f) Call out charges where no fault has been found with the appliance, or where there is no-one present when an engineer calls for a pre-booked visit.
(g) The cost of repair or replacement of pressure relief devices, showerheads, hoses, riser rails and/or wall brackets, isolating switches, electrical cable, fuses and/or circuit breakers or any other accessories installed at the same time.
(h) The cost of routine maintenance, adjustments, overhaul modifications or loss or damage arising therefrom, including the cost of repairing damage, breakdown, malfunction caused by corrosion - and/or furring.
16.4 Triton takes the health, safety and wellbeing of its employees very seriously and expects customers to treat all staff members with respect. Should any employee feel threatened or receive abuse, either verbally or physically, Triton reserves the right to withhold service
17. REPLACEMENT PARTS POLICY
17.1 In line with AMDEA guidelines, Triton retains functional spares for as long as there is a market for them and in most cases, well beyond. Due to the vast array of product types, the life cycle of products can vary and therefore so can the length of time parts can be supplied. All Clearance products are purchased with the understanding that there may be limited spare parts availability. Spare parts can be ordered via our online spare parts store, or by telephoning Triton Customer Service Spares Department on 02476 372222. Payment should be made by credit / debit card (excluding American Express or Diners Card). Payment can also be made by pre-payment of a pro-forma invoice, by cheque or postal order.
17.2 Telephone orders are based on information given during the call. Before contacting Triton, please verify your requirements using the information contained in the user guide. Triton cannot accept liability for incorrect part identification.
