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Terms And Conditions

Please Read Before Purchasing

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER

AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

BY USING OUR WEBSITE AND/OR PLACING AN ORDER FOR GOODS YOU CONFIRM

YOUR AGREEMENT TO OUR TERMS AND CONDITIONS AS SET OUT BELOW

1. Conditions

2. Format of the Contract

3. Description and price of the goods

4. Payment

5. Delivery

6. Risk/Title

7. Your right of cancellation

8. Warranty

9. Liability

10. Data Protection

11. Website

12. General

1. Conditions

1.1 In these terms and conditions:

'goods' means the goods (including any instalment of the goods or any parts for them) which the

Supplier is to supply in accordance with these terms and conditions

'Supplier' means Bathrooms of Distinction trading as www.buyabetterbathroom.co.uk located at 74

High Street, Morley, Leeds LS27 0DA 0113 2380398

'Website' means www.buyabetterbathroom.co.uk

1.2 No variation to these terms and conditions shall be binding unless agreed in writing by the

Supplier.

1.3 An order for goods placed by you through the Supplier’s website shall be subject to these terms

and conditions. All other terms and conditions, express or implied by statute or otherwise, are

excluded to the fullest extent permitted by law.

1.4 Nothing in these terms and conditions shall affect the statutory rights of any consumer

2. Format of the Contract

2.1 These terms of sale apply to all goods supplied by the Supplier.

2.2 The contract is subject to your right of cancellation (see below).

2.3 The Supplier may change these terms of sale without notice to you in relation to future sales.

2.4 All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these

terms and conditions.

2.5 You shall be responsible for ensuring the accuracy of the details provided on the order form and

the Supplier will not be obliged to accept an order unless all details requested on the order form

have been entered correctly.

2.6 No order submitted by you shall be deemed to be accepted by the Supplier unless and until the

Supplier confirms acceptance of your order by e-mail or telephone.

3. Description and price of the goods

3.1 The description and price including VAT of the goods you order will be as shown on the

Suppliers website at the time you place your order.

3.2 All prices quoted are valid for 30 days only or until earlier acceptance by you, after which time

they may be altered by the Supplier without giving notice to you.

3.3 The goods are subject to availability. If on receipt of your order the goods you have ordered are

not available within the time stated with the product information, the Supplier will inform you as

soon as possible and or refund or re-credit you within 30 days for any sum that has been paid by

you or debited from your credit card for the goods. You have the option to wait for the products to

come into stock we will offer you that option.

3.4 Every effort is made to ensure that prices shown on the Suppliers website are accurate at the

time you place your order. If an error is found, or if prior to delivery the price of the goods increases

due to any factor beyond the Supplier’s control (such as without limitation, any foreign exchange

fluctuation, significant increase in the costs of labour, materials or other costs of manufacture) the

Supplier will inform you as soon as possible and offer you the option of reconfirming your order at

the correct price, or cancelling your order. If the Supplier does not receive an order confirmation

from you within 14 days of informing you of the error, the order will be cancelled automatically. If

you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day

period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited

from your credit card for the goods.

3.5 In addition to the price, you may be required to pay a delivery charge for the goods in the

amount as set out on the order form.

3.6 You are solely responsible for ensuring the accuracy of the terms of any order (including any

applicable specification) and for selecting the goods and for giving the Supplier any necessary

information relating to the goods within a sufficient time to enable the Supplier to perform the

contract in accordance with its terms.

4. Payment

4.1 Payment for the goods and delivery charges can be made by any method shown on the

Suppliers website at the time you place your order. Payment shall be due before the delivery date

and time for payment shall be a fundamental term of this agreement, breach of which shall entitle

the Supplier to terminate the contract immediately.

4.2 By placing an order you consent to payment being charged to your credit card account as

provided on the order form.

4.3 There will be no delivery until cleared funds are received.

4.4 Payments shall be made by you without any deduction whatsoever unless you have a valid court

order requiring an amount equal to such deduction to be paid by the Supplier to you.

4.5 You, warrant that all details provided on the order form for the purpose of purchasing the goods

are correct, that the credit card you are using is your own and that there are sufficient funds and/or

sufficient unused limit available to cover the cost of the goods.

4.6 The Supplier will issue you with an electronic receipt to your email address once the goods

have been dispatched.

5. Delivery

5.1 The goods you order will be delivered to the address you give when you place your order. A

mobile telephone number will be required upon order.

5.2 If delivery cannot be made to your address for reasons under the Suppliers control the Supplier

will inform you as soon as possible and refund or re-credit you for any sum that has been paid by

you or debited.

5.3 If you fail to take delivery because you have cancelled your contract under the Distance Selling

Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid

by you or debited from your credit card for the goods. On exercising your right to cancel you shall

be required to return the goods to the Supplier in accordance with clause 7. Should you fail to return

the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in

retrieving the goods as a result of such failure.

5.4 Any dates quoted for delivery of the goods are approximate only and the Supplier shall not be

liable for any delay in delivery of the goods however caused and in particular the Supplier shall not

be liable for any tradesman or other installation costs incurred by the Buyer if delivery of the goods

is delayed. You should only arrange for subcontractors to install the goods once they have been

received and checked. If the Supplier is unable to deliver the goods by the date quoted for delivery

you shall be entitled to cancel the order at any time before delivery takes place.

5.5 Upon receipt of your order you will be asked to sign for the goods received in good condition.

If the package does not appear to be in good condition then please refuse the delivery. If you are

unable to check the contents of your delivery at the point of delivery then please sign for the parcel

as UNCHECKED.

6. Risk/Title

6.1 The goods are at your risk from the time of delivery.

6.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or

cleared funds) all sums due to it in respect of:

6.2.1 the goods, and

6.2.2 all other sums which are or which become due to the Supplier from you on any account.

6.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any

of the goods has not passed from the Supplier

7. Your right of cancellation

7.1 Save in the case of goods supplied to your specification {specially ordered for you} you have

the right to cancel the contract at any time up to the end of 7 working days after you receive the

goods (see below).

7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand,

post, fax, or email, giving details of the goods ordered and (where appropriate) their delivery.

Notification by phone is not sufficient.

7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation

after the goods have been delivered to you, you will be responsible for returning the goods to the

Supplier at your own cost and in the original and unmarked packaging. We may ask for a digital

photograph of the damage or the packaging. The goods must be returned in the same condition as

supplied and you must take reasonable care of the goods until they are returned. The goods must be

returned to the address shown within the Contact Us section of the website. You must take

reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of

faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or

8.4, either collect the goods from you or ask you to return the goods yourself and refund you the

reasonable postage costs.

7.4 Bespoke goods made to your specifications (such as whirlpool baths and bathroom furniture)

cannot be returned or cancelled unless misdescribed or faulty. It is therefore important you make

absolutely sure that the item matches the correct dimensions and specifications you require.

7.5 Once you have notified the Supplier that you are cancelling the contract in accordance with

clause 7.3, the Supplier will refund or re-credit you within 30 days for any sum that has been paid

by you or debited from your credit card for the goods.

7.6 Except in the case of faulty or misdescribed goods, if you do not return the goods as required,

the Supplier may charge you a sum not exceeding the direct costs of recovering the goods and or the

loss in value of the goods should they not be returned as new.

8. Warranty

8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date

of delivery (unless otherwise stated). This warranty does not affect your statutory rights as a

consumer.

8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful

damage, accident, negligence by you or any third party, use otherwise than as recommended by the

Supplier, failure to follow the Suppliers instructions, misuse, or any alteration or repair carried out

without the Suppliers approval.

8.3 This warranty does not apply and the Supplier shall be under no liability in respect of any defect

in the goods arising from any drawing, design or specification supplied by you or any installation of

the goods by you or your qualified contractor.

8.4 If the goods supplied to you are damaged on delivery or don’t correspond with specification

(other than in respect of a bespoke specification), you should notify the Supplier in writing via the

e-mail address or fax number shown within the Contact Us section of the website within 7 days

from the date of delivery.

8.5 If the goods supplied to you develop a defect in relation to their quality or condition while

under warranty you should notify the Supplier in writing via the e-mail address or fax number

shown within the Contact Us section of the website, as soon as possible, but in any event within a

reasonable time after discovery of the defect or failure. Please ensure you keep all receipts and

documentation for the related product.

8.6 Where any valid claim in respect of any of the goods which is based on any defect in the

quality or condition of the goods or their failure to meet specification (other than in respect of a

bespoke specification) is notified to the Supplier in accordance with these conditions of supply, the

Supplier shall be entitled to replace the goods (or the part in question) free of charge or, at the

Supplier's sole discretion, refund you the price of the goods (or a proportionate part of the price),

but the Supplier shall have no further liability to you.

9. Limitation of Liability

9.1 The Supplier shall not be liable to you for any loss or damage in circumstances where:

9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;

9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;

9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.

9.2 The Supplier shall not be liable to you by reason of any representation (unless fraudulent), or

any implied warranty, condition or other term, or any duty at common law, or under the express

terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of

profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused

by the negligence of the Supplier, its employees or agents or otherwise) which arise out of or in

connection with the supply of the goods or their use by you, other than as a result of a breach of an

obligation arising under the Sale of Goods Act 1979 (as amended), and the entire liability of the

Supplier under or in connection with the contract shall not exceed the price of the goods, except as

expressly provided in these conditions of supply.

9.3 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal

injury caused by the Suppliers negligence or fraudulent misrepresentation.

9.4 The Supplier will use all reasonable endeavours to carry out its obligations within a reasonable

period of time but will not be liable to you, {Please make sure you have the goods before your fitter

comes to fit them.} for any loss, costs or expenses arising directly or indirectly from any delays in

doing so and we will not be deemed to be in breach of contract by reason of any delay in

performing, or any failure to perform, any of its obligations in relation to the goods, if the delay or

failure was due to any cause beyond our reasonable control. Without prejudice to the generality of

the foregoing, the following will be regarded as causes beyond the Supplier’s reasonable control:

9.4.1 act of God, explosion, flood, tempest, fire or accident;

9.4.2 war or threat of war, sabotage, civil disturbance or requisition;

9.4.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of

any governmental, parliamentary or local authority;

9.4.4 import or export regulations or embargoes;

9.4.5 strikes, lock outs or other industrial actions or trade disputes;

9.4.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;

9.4.7 power failure or breakdown in machinery

9.5 Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms

Act 1977 section 12 as amended) the Supplier does not give any warranty, guarantee or indemnity

as to quality, fitness for purpose or otherwise of the goods.

10. Data Protection

The Supplier will take all reasonable precautions to keep the details of your order and payment

secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to

information supplied by you.

11. Website

11.1 Product images are for illustrative purposes only and the goods may differ slightly from the

images shown on the website.

11.2 The Supplier will attempt to ensure that the information available on the website at any time is

accurate. However, the Supplier will not be held liable for any errors or omissions. The Supplier

will use all reasonable endeavours to correct errors and omissions as quickly as practicable after

becoming aware or being notified of these.

11.3 All drawings, descriptive matter and specifications of the goods on the website are for the sole

purpose of giving an approximate description of the goods.

11.4 The Supplier may also change, suspend or discontinue any aspect of the website, including the

availability of any features, information, database or content or restrict access to parts or all of the

website without notice or liability.

12. General

12.1 These terms of sale and the supply of the goods will be subject to English law and the English

courts will have jurisdiction in respect of any dispute arising from the contract.

12.2 If any provision of these terms and conditions is held by any competent authority to be invalid

or unenforceable in whole or in part, the validity of the other provisions of these terms and

conditions and the remainder of the provision in question will not be affected.

Tel: 0113 2380398

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