Terms & Conditions
TERMS AND CONDITIONS
We Protect Our Customers
Bathroom Centre, a trading name of Wirral Bathrooms Ltd, registered in England and Wales, Company Number 09355480 at the registered address 2 Wigdale Row Off Station Road, Hawarden, Flintshire, CH5 3QR (the “Company”, “Us”, “Our”, “We”) is completely committed to protecting the rights of its customers (“Customer”, “Customers”, “Visitors”, “Users”, “You”). The following sets out our Terms and Conditions (the “Terms and Conditions, “the Agreement”) which you should read and understand before making a purchase on one of our sites including but not limited to bathroomcentre.com.
Any general user of our websites and products, and any user who registers with the Company (each one considered a “Registered User”) and who decides to buy a product or a service type via our Websites and the associated product store is accepting that they are bound by this Agreement.
The parts of this agreement that follow below titled “binding arbitration” and “class action waiver” have in them a binding arbitration agreement, and class action waiver as the titles suggest. They impact your legal rights and should be read and understood by you as a responsible customer.
I. Explanation and Use of Our Websites
III.Registered User Details
IV. The Forming of a Contract Between Our Company and You
V. Refunds and Returns
VII. Intellectual Property Rights (IPRs)
VIII. Risk and Passing of Title
IX. Description of Goods
X. Warranty Period
XI. Warranty Description
XII. Import Duty
XIV. Transfer of Rights
XV. Force Majeure
XVII. Our Right to Make Changes to the Agreement
XVIII. Law and Jurisdiction
XIX. Communications with Us
XX. Limitation of Liability
XXI. External Sites
XXII. Legal Compliance
XXIII. Digital Millennium Copyright Act
XXIV. Binding Arbitration
XXV. Class Action Waiver
XXVI. Price and Payment
I. EXPLANATION AND USE OF OUR WEBSITES
Bathroom Centre is under no obligation to admit any individual as a user of its websites if said users are not using our sites for the purpose(s) for which they are intended.
The Websites are for people over 18 years of age only. This is an exclusive limitation that we set. If you are 18 years old, or if you are older that 18 years of age, but below the age of majority in your country and authority therein, you should evaluate this Agreement with your parent or guardian on its merits to make sure that you and your parent or guardian understand it and are completely comfortable with the Websites and this Agreement more generally. If you decide that you are not, then you should not use our Websites for any purpose whatsoever.
III. REGISTERED USER DETAILS
During the sign-up stage for Registered Users who make purchases through our websites, we will ask you to create an account, which includes a username (“Sign-In Name”), a password (“Password”), and perhaps some further information that will help in validating your identity when you access and log-in to the Websites (“Unique Identifiers”). When generating your account, you must provide true, precise, present, and comprehensive information. You are exclusively accountable for the privacy, and use of the entirety of you Registered User details, as well as for any use, misuse, or communications entered into the Websites. We keep the right to erase or amend your Password, Sign-In Name, or Unique Identifier at any time and for any motive and shall have no liability to you for any loss or damage produced by such actions. Bathroom Centre will not be held liable for any loss or damage whatsoever caused by any use whatsoever, authorised or unauthorised, of your details.
IV. THE FORMING OF A CONTRACT BETWEEN OUR COMPANY AND YOU
Once you place an order on our site we will send you an email that acknowledges that we have received your order request. Note that this does not mean that you order has been accepted by us. Your request for an order represents an offer to us to buy a product from us. All order requests are subject to being accepted by us, which we shall do at our sole discretion on review by sending you an email confirming your order (Order Confirmation). The contractual agreement between us (the “Contract”) will only be formed and executed when we send you a confirmation that your order has been confirmed through the Order Confirmation or via another form of order acceptance that we may send from time to time. The Contract will relate exclusively to those products which we have confirmed in our Order Confirmation. We will only be obligated to supply those products confirmed by us via the Order Confirmation.
V. REFUNDS AND RETURNS
The 14-day cooling off and return period – your first layer of protection as a valued customer – which is administered to the following terms of reference:
- You have a period of 14 days from the date of taking delivery of your purchase(s) to decide whether or not you are going to keep your item(s) even when they are in good working order.
- If you decide to return an item(s) within the 14-day period note that we can only offer a full refund on such item(s) which remain entirely unused and which are supported by all original packaging.
- Qualifying returns which are NOT being returned due to fault or breakage must:
- Be completely and entirely unused and returned as such
- Be returned by you (the purchaser) to us (the seller) as directed entirely at your own expense exclusively
- Be in an unused and good state for immediate re-sale
- Include all original packaging and documentation
- All returns, other than those for damaged and defective items reported within 48hours of delivery, are to be paid for by the Customer and should be made via Recorded Delivery with the required insurance put in place to cover you for any damage made in transit.
- Special order items cannot be returned – replacement parts will be sent out by us in the case of damaged parts of a special order item.
- Returns may be liable for a restocking charge, dependent on the manufacturer, where there is no fault or breakage at source.
- If a delivery is cancelled by you while in transit the delivery charge will still be applied and you will remain liable for the cost of delivery in full.
- If you have not used your item(s) and wish to return them within the 14-day period, you must follow the instructions laid out below under ‘Instructions for Returns’.
Please be sure to retain ALL original packaging, documentation, delivery notes and any specially made delivery equipment such as pallets until you are completely, 100% satisfied with the purchase(s) you have made from us.
Instructions for Delivery & Returns
In the event that an unused item(s) needs to be returned to us within 14 days of receiving the order, we need you to email us at firstname.lastname@example.org to provide the following information and confirmations:
- The order number and the title of the product as confirmed on the delivery note
- The reason for which a return is being sought (if faulty please state the fault)
- That you have the original delivery equipment such as any pallets, boxes and storage/haulage equipment
- Your preferred contact details
We strongly advise that this be completed within 14 days of receiving the order as we will be unable to offer a complete refund if the request is made after this guarantee period.
Please also note the following in respect to delivery and returns:
- Once a delivery and or return date has been agreed, you must ensure that someone is available to accept delivery on that day and at the time specified by the courier.
- In cases where a delivery is missed or a delivery has been cancelled whilst in transit, a re-delivery fee will apply.
- Standard pallets will be delivered to the delivery address.
- Couriers will not be able to move pallets or goods inside the property.
After You Request a Refund
A representative from our customer relations division will be in touch with you (note that we aim to respond within 48 hours of receiving a request). We will send you a refund request form which captures the detail you have provided us and which you will be required to sign and return to us as a validated record of your request. When we respond, we will also provide clear guidance for you on the best means of returning your item(s) to us.
Faulty Item(s) – The Approach
The majority of our products are served by a 12-month warranty, with most manufacturers offering extended warranties from 12 months to lifetime. This protects you as a consumer against any product faults which may arise through the lifetime of the product. You should inspect your item(s) on delivery or within 48hours of delivery, if you notice the existence of any faults, we strongly advise that you make contact with us within 48hours and in line with the Instructions for Returns via email to email@example.com.
Broken Item(s) – The Approach
We go to great lengths to make sure that our delivery agents provide great service, and that our products are rigorously quality controlled such that they arrive in the condition you expect of a reputable company. However, breakage can occur on the very rare occasion. As such, we strongly advise that you check and inspect your item(s) immediately as they are delivered to you or at least within 48hours of delivery. Should you notice any damage to your item(s), please make sure this is noted with the delivery agent by signing for the goods as ‘Damaged on Delivery’ rather than simply signing for the delivery as complete. Note that this is your responsibility.
If you do happen to notice damage, please record the damage via suitable photograph of the damaged area(s) of the item(s) in question. Please then inform us of the breakage via email to firstname.lastname@example.org within 48hours of taking delivery and including the picture(s) of the damage, the delivery number, a description of the damage and your preferred contact details. Items reported broken after 48hours from delivery cannot be returned. We will endeavour to replace broken items that are reported appropriately as quickly as we possibly can. We will make contact with you via the contact details you provide to confirm all necessary arrangements with you. It is our commitment that we will replace all relevant damaged items at our cost if we are made aware of the damaged item(s) within 48hours of the goods being delivered, and if the above criteria have been followed by you.
Important Additional Notes
You must be sure to read and understand the following in line with the rest of this policy:
- If you live in a remote area you remain liable for the timescale and cost of the collection of any applicable return and or the delivery of the replacement item
- All items returned are at the cost of the customer other than for items that are broken on delivery and where the customer has followed the relevant steps as laid out herein
- If a replacement item is a special order, a delivery date will be given as soon as we hear back from our supplier.
- We will always aim to get all replacement items delivered on the date chosen although some deliveries may have to be split between 2 or more couriers.
- Replacement orders to the Scottish Highlands, Scottish Islands, Northern Ireland, Isle of Man, Isle of Wight, Channel Islands, Republic of Ireland and any other Islands not listed herein may incur a delivery charge based on weight and distance.
Delivery is administered to the following terms of reference which are incorporated into the Agreement:
- Once a delivery date has been agreed, you must ensure that someone is available to accept delivery on that day.
- In cases where a delivery is missed or a delivery has been cancelled whilst in transit, a re-delivery fee will apply, the cost for which is payable by you.
- Standard pallets will be delivered to the delivery address provided by you at the time of order.
- Couriers will not be able to move pallets or goods inside the property.
- If you live in a remote area, please contact us for delivery timescales and delivery costs on 01516251089
- All items will be delivered within 2-5 working days unless otherwise stated
- If an item is a special order, a delivery date will be provided to you via email or telephone as soon as this is confirmed formally and finally from our supplier(s).
- We will always aim to get all items delivered on the date chosen although some deliveries may have to be split between 2 or more couriers dependent on the load.
- Orders to the Scottish Highlands, Scottish Islands, Northern Ireland, Isle of Man, Isle of Wight, Channel Islands, Republic of Ireland and any other Islands not listed herein may incur an additional delivery charge based on weight and distance.
VII. INTELLECTUAL PROPERTY RIGHTS (IPRs)
Our whole product range hosted on the Websites comprise of a range of material including but not limited to electrical products, sanitary products, plumbing wear, heating equipment, spare and replacement parts and the IPRs in the products and our websites shall remain the sole property of Bathroom Centre, or shall remain licensed to us if the IPRs are the property of our suppliers and manufacturers. The Content to which we refer on our websites is owned by us or is licenced to us for our re-sale. The Content is protected by the laws of England and Wales, EU Law, and foreign laws. Any and all unauthorised use of the Content will be in violation of our Intellectual Property Rights, and it may be in violation of trademark, copyright, and other laws. Any Visitor as defined in this Agreement may browse all publicly-available Content for their individual and personal experience.
VIII. RISK AND PASSING OF TITLE
You will be responsible for the products immediately upon their delivery. Ownership of the products – and title therein – will pass to you only upon us taking receipt of all monies owed to us in full for your purchases including all delivery and other charges.
IX. DESCRIPTION OF GOODS
All images and content used on site to advertised our products and those of our suppliers are for the sole purpose of providing a general and non-specific description of the goods. We always endeavour to ensure all product descriptions are correct, but advise customers to seek technical advice from qualified sources prior to ordering products and any work to be carried out. Whilst we make every effort to reproduce the colours of the products correctly slight variations may occur during the print and photography process.
Please note that certain products such as bathroom furniture may need some alteration to suit specific requirements, such as pipe work, space constraints and designs. Any such alterations are carried out your own risk, and as such the product guarantees may be rendered invalid.
X. WARRANTY PERIOD
Bathroom Centre warrants to you that any Product purchased from us through our site will, on delivery and, except for the bulbs in our LED products, shower hoses, toilet seats, cistern fittings, all cartridges and hinges, for a further period of 12 months from the date of delivery (the “Warranty Period”) conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. Please note that some of our suppliers and manufacturers offer extended warranties from 12 months to 10 years and these can be purchased by you on request through the website or via email to email@example.com.
XI. WARRANTY DESCRIPTION
We will replace at our sole and exclusive discretion, in part or whole, a product which is defective in operation or materials in accordance to your statutory rights. If the exact model is no longer available, we will endeavour to provide the nearest equivalent from our then current range. To be covered by the guarantee, all products should be installed in accordance with the instructions provided and be for domestic use only. This product guarantee applies to the original purchaser or end user when the end user has been nominated, is non-transferable and takes effect from the date of purchase and lasts for a period of 12 months from the date or purchase. The guarantee does not cover damage during fitting, accidental or malicious damage, improper use or negligence, discolouration due to prolonged exposure to sunlight or UV light, general wear and tear (e.g. light bulbs, hinges, cartridges and shower hoses are items that do need to be replaced periodically), damage due to poor installation or servicing or consequential loss. Shower hoses, all cartridges, LED lights, all hinges, toilet seats and cistern fittings are guaranteed for a period of 12 months from the date of purchase. Care should be taken in hard water areas to ensure that cartridges are regularly cleaned. Care should be taken with shower door seals and shower door runners to ensure they are kept clean and well maintained to enable them to function correctly. Please note we advise use of mild cleaning products (i.e. soap and water) on all our products. Strong and abrasive cleaning solutions are not recommended as failure to follow this may result in the warranty becoming invalid. Please keep a copy of your original invoice or receipt to refer to in the event of any claim.
XII. IMPORT DUTY
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
We make every effort to ensure the quantities and descriptions shown on our websites are accurate, but we cannot be held liable for any errors that may occur from time to time with regard to stock availability and or product description. In addition, we confirm that while we are a competent re-seller we do not nor shall we ever pose as a technical expert and so we recommend that you take advice from a relevant technical expert before purchasing certain items such as gas or electrical products.
XIV. TRANSFER OF RIGHTS
The contract is solely between you and us and is binding on each of our respective successors and assignees. You may only transfer, assign, charge or otherwise dispose of a contract between us when you have express advance permission from us to do so. We may transfer, assign, charge or dispose of a contract between us at any time at our sole discretion.
XV. FORCE MAJEURE
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). 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 public or private telecommunications networks; and
- impossibility of the use of public or private telecommunications networks;
- (f) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues.
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
XVII. OUR RIGHT TO MAKE CHANGES TO THE AGREEMENT
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
XVIII. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
XIX. COMMUNICATIONS WITH US
We encourage you to email us. However, we do not want you to, and you should not, email us or make any form of contact with us that includes any content that contains confidential information or individual the like of which you would not want to be shared or released outside of your control. If you have any issue with us or with the contract between then you must email us immediately to firstname.lastname@example.org
XX. LIMITATIONS OF LIABILITY
To the full extent permitted by applicable laws and with full compliance with the Sales of Goods Act primarily: (1) we shall not be held liable for any delays or disruptions of the Websites or the Products or any deliveries from any cause whatsoever, and you agree that you use and or browse the content and the websites at your own risk and purchase products from us at your own risk; (2) we disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose other than for the purpose which the goods are intended and any warranties arising from a course of dealing, course of performance, or usage of trade other than those warranties confirmed by us through in these Terms and Conditions; (3) we shall not be liable for any damages whatsoever, including, but not limited to, any direct, incidental and consequential damages or costs, lost profits, loss of revenue, failure to generate more revenue, failure to generate more profit, or damages subsequent from business disruption resultant from the use or incapability to gain access to and use the Websites or the goods, whether based on warranty, contract, tort (including negligence), or any other legally based belief system, even in the circumstance that Bathroom Centre has been advised that such a claim is arising or may be about to arise.
If you believe that your due to your use of the Websites or the Content or the Goods results that you become in need of serviced or replaced equipment or data or another form of infrastructure, Bathroom Centre shall not, in any way whatsoever, be responsible for paying for any costs incurred or managing the process of remedial action in any form whatsoever unless as determined may be determined by applicable law.
The Websites may house some erroneous technical information or typographical errors or omissions or general shortcomings. Unless as may be required by applicable laws, we are not responsible for any such typographical, technical, or pricing errors listed on the Websites or in any of the Content or in any of the goods. This includes the Websites and the associated products store and check out space as hosted by our third-party payment provider in Shopify. The websites may contain information on certain products and Contents, some of which may not be available from time to time either globally or in certain areas. A reference to a product or service or a good on the websites does not imply that such product or service is or will be available universally or where you seek to access it from or anywhere else whatsoever. We keep the right to make upgrades, up-revisions, changes, corrections, and/or improvements to the Websites and the Content at any time without giving notice other than by posting the updated versions to our Websites.
XXI. EXTERNAL SITES
The Websites may house links to third-party websites (“External Sites”) from time to time. These links are included exclusively as a convenience to users and not as a confirmation or other form of explicit endorsement by us of the content on such External Sites. Any content included in External Sites is created and transmitted by others. You should get in touch with the site administrator or webmaster for those External Sites if you are concerned about any link or any content included in External Sites. We are not in any way whatsoever responsible nor are we accountable for the content of any linked External Sites and we do not make any representations about the content or accuracy of materials on such External Sites. You should take safety measures when downloading files from all websites and External Sites to defend your computer from viruses and other damaging programs. If you decide to access linked External Sites, you do so entirely and exclusively at your own risk.
XXII. LEGAL COMPLIANCE
The Websites are based in the United Kingdom and are hosted via an external provider which may not necessarily be located in the United Kingdom. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United Kingdom or outside of the industry and the purposes for which it is intended. If you access the Websites and/or the Content from outside of the United Kingdom, you do so at your own risk. Whether within or outside of the United Kingdom, you are solely and exclusively responsible for ensuring total compliance with the laws of your specific land.
XXIII. DIGITAL MILLENNIUM COPYRIGHT ACT
Bathroom Centre respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review on each of their individual merits all claims of copyright infringement received and remove any Content that is deemed to have been uploaded or otherwise distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as provided below:
Wirral Bathrooms Ltd
2 Wigdale Row Off Station Road, Hawarden, Flintshire, UK, CH5 3QR
If you feel that your creations or your work have been copied on the Websites in a way that is considered copyright infringement, please give our agent notice in accord with the requirements of the Act, including (1) a explanation of the copyrighted creation or work that has been infringed and the specific location on the Websites where such creation or work is located; (2) an account of the location of the original or an authorised copy of the copyrighted creation or work; (3) your address, telephone number and email address; (4) a good-faith declaration by you that you have a clear belief that the disputed use is not authorised by the copyright owner, its agent or the law; (5) a declaration by you, made under penalty of perjury, that the information in your notice is completely accurate, without error or falsehoods, and that you are the copyright owner or authorised to act on behalf of copyright owner; and (6) an electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyrighted interest, creation or work.
XXIV. BINDING ARBITRATION
Should a dispute arise under or in connection with this Agreement, the Websites, and the Content, whether direct or otherwise, (each referred to as a “Dispute”), Bathroom Centre may nominate to finally and exclusively reach resolution on each Dispute by binding arbitration governed by a body as nominated in advance in the sole discretion of Bathroom Centre. Any nomination to arbitrate or of a particular body to oversee the arbitration process shall be final and binding on the other party. If arbitration is nominated, neither party shall continue to hold the right to litigate any claim or Dispute whatsoever via any court process. Rights of discovery and or appeal may also be restricted in arbitration should the process be nominated. Any court governed by the law of England and Wales may enforce the decision of the arbitrators. Bathroom Centre reserves the right to specify the approach and method of arbitration should the decision to nominate arbitration be made. Also, we may litigate in court to seek injunctive relief or if we feel our company is best protected by litigation that it would be through arbitration. Such a decision will be made by Bathroom Centre in its sole discretion.
XXV. CLASS ACTION WAVIER
You agree without exception that any arbitration or proceeding shall be limited to the Dispute between Bathroom Centre and you individually. To the full extent permitted by law, (1) no arbitration or other arrangement shall be joined with any other; (2) there is no right whatsoever or authority whatsoever for any Dispute whatsoever to be arbitrated or resolved on a class action-basis or to utilise class action procedures; and (3) there is no right or authority for any Dispute to be brought in a supposed representative way on behalf of the general public or any other persons that are not you acting individually. In this sense, you agree entirely that you can only ever bring about any claims or Disputes against Bathroom Centre solely and exclusively in your capacity as an individual and not as a collective, class member, plaintiff as part of a wider legal challenge, or any other supposed or purported class type or representative type proceeding.
XXVI. PRICE AND PAYMENT
The price of the Products and our delivery charges will be as quoted on our site, except in cases of obvious error. Product prices are subject to VAT and other other duties and taxes dependent on the customers host nation. You are solely responsible for making the required payment, in full, from a valid and current payment source. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation or other form of acceptance of order confirmation. 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. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we may at our discretion make a refund to you of the difference in price when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation or other such order acceptance confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error. Payment for all Products must be by credit or debit card either direct via our website and store hosted by Shopify or through Paypal. We will charge your credit or debit card, direct or via Paypal, upon receipt of your order. In the event that we do not accept your order and are unable to dispatch the Products to you the price will be refunded to the credit or debit card from which payment was taken or if paid through Paypal the price will be refunded to your Paypal account. We may consider price matching providing the following conditions are equally met:
- Delivery charge
d. Product description
e. Product specifications
If you need to contact us for any reason, whether related to the Agreement and these Terms and Conditions or not, please feel free to contact us via email to email@example.com.
Thanks and regards,
Bathroom Centre (a trading name of Wirral Bathrooms Ltd)