PLEASE READ OUR STANDARD TERMS CAREFULLY – IT IS IMPORTANT THAT YOU UNDERSTAND THEM FULLY
WHO WE ARE
We ( BathChoice Ltd ) are a limited company registered in England and Wales with Company Registration Number 11704349 and whose registered office is situated at 600 Melton Road. Thurmaston Leicester LE4 8BB
These terms apply to all contractual agreements made between us and you, the customer. We may change these terms from time to time. Please check them before you make a new purchase. None of your statutory rights is affected by these terms. Any order you place with us (“Order”) is subject to these terms and conditions. You should read them very carefully as they contain some very important terms. If you have any questions about any part of these terms or would require the same in larger print please contact us at the number quoted on this page. These terms are standard and non-negotiable. They supersede all other terms whether oral or written. Our sales staff will do the best to help but are not authorised to do any of the following: Make any variations to these terms; Make any representation, agree to any condition or enter into any collateral agreement; Accept any offer or counter-offer by you. The Managing Director may from time to time by means of a written notice to you make alterations to these terms but only in relation to the individual order in question.
All quotations sent to you are contractual offers on our part. Our Quotations are valid for a period of 30 days. No binding contract is formed between us until such time as you accept our Quotation by confirming the same by telephone, email or fax; and Payment is received by us by credit /debit card or by cheque in the form of either the whole price of the Quotation (the “Price”). The products and services to be supplied and installed (where applicable) will be set out in the Quotation. Unless otherwise stated in the quotation, the installation of any goods supplied is your responsibility and is not included in the price. They are also subject to correction of any errors or omissions whether on your part or ours. Note – once a quotation is accepted by you an “Order” is created and a one-off binding contract between the two of us (“Contract”) is also created. This does not under any circumstances constitute a continuing contractual relationship (whether renewable or otherwise) between us. Once you have paid the Price and we have discharged our delivery and performance obligations, the contractual relationship between us is terminated.
A minimum deposit of 10% of the purchase price is payable as a condition precedent to the forming of a Contract.
All items are subject to availability. We can only guarantee availability whilst stocks last. If the goods ordered are unavailable, we will contact you with suggestions of goods of equivalent quality and price.
We will use our reasonable endeavours to display as accurately as possible the colours of our products that appear on our Web Site and brochures and at our showrooms. However, we cannot guarantee that the display of any colour will accurately reflect the colour of the actual product. You should be aware that the nature of some products we supply, for example, timber and tiles, is that they naturally vary and it may not always be possible to obtain an exact colour match, especially where orders are not made contemporaneously. We will do our best to be as accurate as possible in our all descriptions, however, please note that all sizes, weights and measurements quoted must be treated as approximate.
You are welcome to pay for your order by cash, Maestro/Switch Visa, MasterCard. We will take all reasonable care to keep your order details and payment secure, but, unless we are negligent, we will not be liable for any losses if an unauthorised third party obtains access to your information. We will confirm acceptance (or otherwise) of your order as soon as possible, either by email or by telephone (if your order is placed over the telephone). A binding agreement arises once we accept our Quotation and we will then charge your credit/debit card on acceptance of your order. We will only dispatch the goods upon receipt in cleared funds of the balance of the Price (i.e. 90% of the Price (the “Balance”). This will usually be between 1-5 days prior to dispatch.
VALUE ADDED TAX VAT
VAT is payable by you at the appropriate rate. All prices quoted in any of our brochures include VAT unless otherwise stated.
If you withhold more money than the value of any outstanding work or delay any payments due to us by you, we will apply interest to the outstanding balance at a rate of 4% above the base rate of the National Westminster Bank PLC from time to time (or 8% per annum, whichever is higher).
RETENTION OF TITLE
Ownership of all goods sent to you remains ours and will not pass to you until one of the following events occurs: (1) We are paid for all of the goods and services supplied to you by us and no other amounts are owed by you to us in respect of other goods or services supplied to you. (2) Where Goods are attached to or incorporated in other goods or are altered by you, ownership of goods shall not pass to you purely by virtue of the attachment, incorporation or alteration if the Goods remain identifiable and, where attached to or incorporated in other goods, can be detached or removed from them. (3) You must store the Goods separately from any other goods until one of the following events occurs; (a) They become your property in accordance with these terms; (b) They are attached to or incorporated in other goods, or (c) They are delivered to a third party. (4) If you are overdue in paying for any goods or services supplied by us to you we are entitled to recover possession of those goods and to resell them. You must allow us entry onto your premises for the purposes of exercising our rights under this clause. If necessary, you must allow us to detach or remove Goods from any other goods. This does not affect any other rights you may have.
a. We only deliver to addresses in Leicester area at a cost of £20. We may charge an additional fee to be notified to you for delivery addresses outside a radius of 8 miles. If you change delivery addresses after a quotation has been issued we reserve the right to charge you a delivery fee if the new address is outside of the above 8 miles radius. Time for performance of any obligations under any contract is not of the essence.
b. Delivery dates mentioned in any Quotation, Order or other document are approximate only and not of any contractual effect. We shall not be liable for any delay in delivery howsoever caused. Late delivery of the Goods does not entitle you to do any of the following: (1) Reject the Goods (2) Terminate the contract (3) Withhold payment of any part of the Price.
c. We will be responsible for any damage to goods sustained during transit but any damage caused to those goods once delivery has been accepted by you will be the responsibility of the client. At the point of delivery, goods should always be checked off and signed for by the client. If not feasible, due to the size of the order or other reasons - Bath Choice requires notification from customers of shortages or damaged goods within 24 hours of delivery. After 24 hours we are unable to accept any responsibility.
e. In exceptional circumstances i.e. kitchen deliveries or extremely heavy items, we can offer a 2 man Ground floor drop (ground floor only / inside the building) but this will include a £75.00 delivery charge per drop
g. In the hopefully unlikely event of a delivery arriving onsite but non-one being available to accept delivery, the client will still be liable for delivery charge.
h. Any queries or disagreements with clients/ others that arise onsite will be dealt with by the salesperson and not the delivery team.
We are not responsible for the installation of any Goods ordered unless otherwise stated in the quotation. Where we do agree to install any item or appliance you must check the installation for faults with the installation fitter and complete a completion certificate supplied by the fitter. If any further marks or faults are found after the completion certificate has been signed by you must inform us in writing within 48 hours. It will be at our discretion to rectify any faults thereafter.
In the unlikely event of misdelivery or faults, we will use all reasonable endeavours to resolve the complaint as soon as possible. For special order terms or units which have to be made, an indication of the period of delay will be given by the Company.
SURVEY AND DESIGN
If you are ordering a brand new bathroom from us we may carry out a survey at your premises prior to issuing a Quotation. We will design and plan the bathroom or free of charge. You are responsible to ensure: (1) the accuracy of any room dimensions given to us; and (2) that any goods not supplied by us are suitable for use with our design.
Bathrooms are fully guaranteed by the manufacturer. Please contact us for further details.
LIMITATION OF LIABILITY
We shall not be liable for any indirect, incidental, consequential, loss arising out of the contract or the performance or use of any of the goods or services. The price will be affected by any material changes that you request or which are agreed provided for herein, even if we were advised of the possibility of such damages. The maximum liability of either you or us under any Contract between us shall be limited to the Price. After the survey, we reserve the right to make any deviation from the Quotation which would not materially affect the design if in our opinion it would facilitate the proper installation of any goods supplied to you by us.
DELAY OR FAILURE TO PERFORM
We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control for example but not limited to: (1) an act of God, explosion, flood, fire or accident (2) war or civil disturbance (3) strikes, industrial action or stoppages of work (4) any form of government intervention (5) a third party act or omission (6) failure by you to give us a correct email or delivery address or notify us of any change of address If this happens we shall inform you as soon as is reasonably practicable and if these circumstances continue for 30 days either you or we will be free to cancel the contract. If so, we will give you a full refund of any payment we have received from you within 30 days of cancellation.
No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
JURISDICTION AND LAW
Any disputes arising out of these terms and conditions will be dealt with exclusively by the Courts of England and Wales and will be exclusively subject to English law only.