1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our goods and services to you.
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 goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us an how to contact us
2.1 Who we are. We are H2O Bathroom Design Co. Limited (Company no: 04572401) whose registered office is at 10 Stirling Court, Eleventh Avenue, Team Valley Trading Estate, Gateshead, Tyne and Wear, NE11 0JF. Our registered VAT number is 809 2332 41.
2.2 How to contact us. You can contact us by telephoning our customer service team on 0191 4876377 or by writing to us by email at info@h2obdc.co.uk or by post to 10 Stirling Court, Eleventh Avenue, Team Valley Trading Estate, Gateshead, Tyne and Wear, NE11 0JF.
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 number, 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 provide you with an email confirmation with deposit invoice (if required) (“the Order Confirmation”). Once we send the Order Confirmation to you 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 and will not charge you for the goods in question. This might be because the goods are 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 goods or because we are unable to meet a delivery deadline you have specified.
3.3 Your contract number. We will assign a contract 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 contract number whenever you contact us about your order.
3.4 We only sell to the UK. Our brochure and website are solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
3.5 Installation services. We do not carry out any installation services. We can recommend installers but any contract for installation of the goods will be between you and the installer.
4. Survey and plans
4.1 Surveys. We may carry out a survey at the location to which you would like the goods delivered and installed. If we carry out a survey you will need to bring to our attention anything which is relevant to the goods you require.
4.2 Changes to your order (including the price and delivery dates) may be required as a result of the survey. If changes are required we will provide you with an amended order. If you do not accept the amendments or the new order, we will cancel the order and you will receive a refund of the price paid (if any), save for the survey fees.
4.3 Plans. We may provide a specifically designed plan as part of or in connection with your order. Any such plan is, and remains, our property and may not be reproduced in whole or in part without prior written consent. Any such plan may only be used by you in connection with a quotation or order for goods and/or services from us and/or the provision of goods and/or services by us to you. You and your chosen installer are responsible for checking the details of the plan, and any resulting quotation, are complete, accurate and meet your requirements before committing yourself to an order.
4.4 The provision of the survey and design plans by us to you are referred to as “Services” in these terms.
5. Your rights to make changes
If you wish to make a change to the goods 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 goods, 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
Our showroom, sales samples and photographs are used to demonstrate the type of goods to be supplied to you. Whilst we endeavour to ensure that the goods supplied will conform to such samples and photographs, we cannot guarantee an exact match. We shall not be responsible for any minor deviations from specification. We will, however, seek your permission prior to making any significant change to any specification previously provided to you.
7. Providing goods and services
7.1 Delivery costs. The costs of delivery will be included in the costs set out in the Order Confirmation.
7.2 When we will provide the goods. We will notify you of the estimated delivery date after we have confirmed your order. We do not recommend removing fixtures and fittings that are required for essential day-to-day services, until you have received the goods and checked all of them for any defects or missing parts.
7.3 We are not responsible for delays outside our control. If our supply of the goods 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.
7.4 You are responsible for providing accurate measurements. If your order includes goods that are made according to measurements you provide us, please ensure these measurements are correct and accurate If there is an error in the measurements you supply and the goods are made to those measurements, we will not refund the cost of the goods, unless the goods are faulty or we have failed to exercise reasonable skill and care.
7.5 If we are unable to deliver the goods. If no one is available at your address to take delivery or there is no space to store the goods, 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 9.2 will apply.
7.6 For reasons of health and safety and to avoid any property damage, certain goods can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant goods need to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services.
7.7 If you do not receive your goods on the stated delivery date, you must notify us immediately. We recommend that you do not schedule or commence any installation work until after you have received your ordered goods and checked all of them for any defects or missing parts.
7.8 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.
7.9 When you own goods. You own the goods once we have received payment in full.
7.10 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of the goods:
7.10.1 to deal with technical problems or make minor technical changes;
7.10.2 to update the goods to reflect changes in relevant laws and regulatory requirements;
7.10.3 to make changes to the goods as requested by you or notified by us to you; or
7.10.4 where we have reasonable grounds for doing so.
8. Your rights to end the contract
8.1 If you are a Consumer you have a legal right to change your mind. For most goods bought solely online, over the telephone or by exchange of emails (“at a distance”) you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
8.2 When you do not have the right to change your mind. You do not have a right to change your mind in respect of goods or services:
8.2.1 which are cut, made to measure, or otherwise customised or made to your specifications unless
they are faulty;
8.2.2 which become mixed inseparably with other items after delivery or collection (which may be the case where the goods are installed);
8.2.3 which are not bought ‘at a distance’, and in which case clauses 8.3 to 8.8 will not apply to you.
8.3 The deadline for changing your mind.
8.3.1 Goods. If you change your mind about a product you must let us know no later than 14 days after
the day we deliver your goods. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
8.3.2 Survey. You may cancel your order for the Services for any reason after you have placed your order and thereafter for up to 14 days commencing the day after the date we accept your order. You will lose your right to cancel after the expiry of this period. If we have not started to provide the Services at your request before the end of the cancellation period you will receive a full refund of the price paid for the Services. If we start providing the Services at your request before the end of this period then you will be required to pay our charges for the Services carried out prior to you contacting us.
8.4 How to let us know. Please let us know by emailing us at info@h2obdc.co.uk, by post to 10 Stirling Court, Eleventh Avenue, Team Valley Trading Estate, Gateshead, Tyne and Wear, NE11 0JF or completing the form attached to these terms.
8.5 You have to return the product at your own cost. You have to return the goods to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can: 8.5.1 bring the product to our store, or
8.5.2 send the product back to us. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns, including our collection arrangements for goods which can’t be posted, contact our Customer
Service Team: 0191 4876377.
8.6 We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.
8.7 How and when we will refund you. If your product is a service ie a survey or goods that haven’t been delivered or that we’re collecting from you, we will refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If your product is goods that you’re sending back to us, we will refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.
8.8 We reduce your refund if you have used or damaged a product. If you are exercising your right to change your mind we may reduce your refund of the price 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. For example, we will reduce your refund if the product condition is not “as new”, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the goods, no refund may be due. 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.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for the supply of the goods at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods; or
9.1.3 you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for goods and services we have not provided but we may deduct the deposit paid together with reasonable compensation for the net costs we will incur as a result of your ending the contract.
9.3 We may withdraw the goods. We may write to you to let you know that we are going to stop providing the goods. We will let you know in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
10. If there is a problem with the goods
10.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us immediately upon becoming aware of this.
10.2 Faulty goods. On receipt of the goods you must check that they match your order. If there is any problem, or if they are defective or damaged you must notify us soon as is reasonably possible. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
10.3 Legal rights. If there is a problem with the goods or the goods are faulty, we may make good any shortage or non-delivery, or offer a repair, exchange or refund as appropriate in accordance with your consumer rights. Nothing in these terms will affect your legal rights.
10.4 Manufacturer’s warranties. You shall be entitled to the benefit of any warranty given by the manufacturer of the goods for the period of such warranty as long as the manufacturer agrees that we may transfer the benefit of any such warranty to you and you don’t do anything that you have been told in writing would invalidate the warranty.
10.5 Installation. If there is a problem with your installation you should deal directly with your installer. We are not liable for the installation of the goods, including but not limited to uninstallation of defective goods or installation of replacement or fixed parts.
10.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
10.7 Care of the goods. We reserve the right to make a deduction from the amount of any refund or not to repair or replace the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes where the goods have been damaged or neglected as a result of a failure to, assemble, install, use or care for the goods in accordance with the instructions and general good plumbing practice.
11. Price and payment
11.1 Where to find the price. The price of the goods and services (which includes VAT) will be the price set out in the Order Confirmation.
11.2 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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
11.3 When you must pay and how you must pay. Unless otherwise agreed in writing to the contrary, payment of the goods must be made by the date specified in the Order Confirmation or, in the absence of a specific date, on delivery of the goods, in cash or bankers draft. If paying by personal cheque, then payment will be required no less than five working days prior to delivery. You must
pay each invoice (if any) within 7 calendar days after the date of the invoice.
11.4 If you only receive a survey or plans. If you only place an order for Services you will only be obliged to pay the fee for the Services notified to you. You will need to pay for the Services regardless of whether or not you decide to accept our quotation and place an order for the goods.
11.5 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 4% a year above the base lending rate of the Bank of England 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. We don’t compensate you for all losses caused by us or our products
12.1 Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is: 12.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have
expected it (so, in the law, the loss was unforeseeable). This may include replacement of other products in the bathroom, general household fittings or furniture or the repair of other consequential or incidental damage arising from a defective product that could not be reasonably foreseen at the time the product was purchased.
12.1.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in the
section 7.3.
12.1.3 Avoidable. Something you could have avoided by taking reasonable action.
12.1.4 A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited.
12.2 Losses we never limit or exclude:
12.2.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
12.2.2 fraud or fraudulent misrepresentation;
12.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
or
12.2.4 defective products under the Consumer Protection Act 1987; or
12.2.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13. Other important terms
13.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.
13.2 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.
13.3 Nobody else has any rights under this contract.. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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].
13.4 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.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
13.6 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
13.7 Complaints. In the event you have a complaint regarding goods or services purchased from us, please contact us at info@h2obdc.co.uk.
13.8 Data protection. How we use any personal data you give us is set out in our Privacy Notice.