Terms and conditions

Agreement and Parties
This Agreement is between you (“you”) and Bathroomsjustforyou (“Bathroomsjustforyou”, “we” or “us”) a business which is wholly owned by B B Bathrooms Limited (Company No.5675380) whose registered office is at 55 High Street Midsomer Norton Somerset BA3 2DQ and relates to the Products (‘the Products’) which Bathroomsjustforyou agrees to provide to you on the terms set out herein

1. Definitions and Interpretation

“Contract” Means any order for Products by you which is accepted by us

“Contract Date’’ Means the time and date when you are bound by the terms and conditions of this agreement following acceptance of your Purchase Order by us

‘‘Intellectual Property Rights’’ Means patents, trademarks, design rights, applications for patents, trademarks and design rights, copyrights, database rights, trade or business name, domains name and other similar rights, technical or trade know how whether registerable or not in any country.

‘‘Intervening Event’’ Means any fire, flood, earthquake or act of god, explosion, war, civil disorder, industrial disputes, revolution or other similar cause or event beyond the reasonable control of the party affected by any such event.

“Payment Date” Means the date on which payment is due under the Terms

‘‘Payment Terms’’ Means the terms for payment for the Products as specified in this agreement and as they apply to any contract entered into pursuant to this agreement.

“the Products” Means the Product or Products which we will supply to you at your request under the Terms

‘‘Purchase Order” Means the order for the Products which you make when you complete the procedures on our Website for the selection request and payment for the Products

“the Purchase Price” Means the price which you agree to pay us for the Products

“Special Order” Means an order for any Products that are not already held in stock by us

‘‘the Terms’’ Means the terms and provisions of this agreement

‘‘the Users’’ Means any person or persons accessing and/or using the Web Site

“Week” Means seven days including the date of any Contract.

Delivery and Acceptance of Products

• We aim to deliver the Products to you within 21 days of any Contract Date although this cannot be guaranteed and some deliveries may take longer depending on the availability of the Products from the Manufacturer/Supplier.
• All deliveries will be made by our drivers to the address notified to us by you and you will be notified by our driver of the delivery time on the day of delivery.
• No delivery time can be guaranteed and you must be available to receive the delivery of any Products on the agreed delivery day between 9.00am and 6.00pm. If you are not available at the time of delivery we will charge the abortive delivery cost to you and reschedule the delivery at your cost.
• You must provide good access to the property where delivery is required, and in most cases we will only deliver to ground floor level. You must provide assistance to our driver for the delivery of any Products, which require handling by more than one person. If assistance is not provided at the time of delivery our driver will abort the delivery. We will then charge the abortive delivery cost to you and reschedule the delivery at your cost.
• We are only able to deliver Products to places in mainland UK and we cannot deliver to Northern Ireland Southern Ireland Isle of Wight Isle of Man or any other island or offshore destination. In case of doubt you are advised to check with us before placing your Purchase Order.
• You agree to be available at the delivery place on the day of delivery and to sign for your acceptance of the Products. You will be responsible for the Products as soon as we have delivered them to you. We will only deliver Products to the address shown on the Purchase Order and all products must have a valid delivery signature.
• You will have one week from the date of delivery to report any loss or damage to the Products after which you are deemed to be satisfied and to have accepted them. Any transit damage, shortages or incorrect goods should be noted on the delivery acceptance form at the time of delivery. We will then re-order any damaged or incorrect Products for you and advise you when the replacement Products can be delivered to you.

Payment for the Products

3.1 You agree to pay the Purchase Price for the Products in accordance with the Payment Terms when you submit your Purchase Order to us. The Purchase Price becomes due and payable to us as soon as we have accepted your Purchase Order. We will then send you confirmation of acceptance of your Purchase Order by e mail to your notified e mail address.

3.2 You agree to pay the Purchase Price by credit card. Payment will be deemed to have been made when your credit card is charged and we are in receipt of cleared funds in the Bathroomsjustforyou bank account.

3.3 You will not be entitled to any refund, credit, loan or set off in respect of the Purchase Price, other than as specifically provided for in this Agreement or as agreed by you and by Bathroomsjustforyou in accordance with the Termination provisions herein.

• We will have absolute discretion, in respect of any refund to you of the whole or any part of the Purchase Price for any incorrect or damaged Products.
• We reserve the right in our absolute discretion to decline any Purchase Order without giving any reason in which case any such Purchase Order shall be invalid and shall not become a Contract.
• Payment shall be made in pounds (Sterling) and all transactions are deemed to take place within the jurisdiction of England and Wales.

Secure Payment Facility

• All credit card transactions on this Website are handled through Streamline Commerce Card Processing. This system provides you with a very high level of protection and security for your credit card transaction.
• We will abide by the requirements of Streamline (or any replacement online credit card processing security system) at all times during the handling of your transactions on our Website.

Default in Payment

5.1 If you fail to make payment of the Purchase Price, either through your attempted cancellation of the Contract, or through any failure by you or your credit card company to make payment, at the due time, then without prejudice to any other right or remedy available to us, we may cancel the Contract(s) and /or suspend any deliveries to you, and /or appropriate any other payment received from you towards settlement of any Contracts or other amounts due to us. We will have the same rights if you should become bankrupt or commit any act of insolvency, or if, in our absolute discretion, your credit status is unsatisfactory to us.

5.2 If any Products have been delivered to you and for whatever reason the Purchase Price has not been paid, the Purchase Price becomes immediately due and payable, and interest will also be payable in accordance with these Terms, notwithstanding any previous arrangement with you.

5.3 You agree to pay interest at the rate of 5 per cent per month compounded monthly on any Purchase Price or part of any Purchase Price due and owing to us pursuant to the Terms which have not been paid to us by the Payment Date in respect of any Contract. Such interest will accrue and be calculated on a daily basis.

5.4 We reserve the right to suspend or cease deliveries without notice to you if you fail to make payment in accordance with our Payment Terms.

5.5 We reserve the right to pass information relating to any default in our Payment Terms to any Credit Reference Agencies.

Product Ownership Damage and Risk

6.1 Ownership of the Products shall not pass to you until we have received payment in full pursuant to the Contract(s).

6.2 Risk of damage to or loss of the Products shall remain with us until delivery to you. After delivery of the Products the risk of damage or loss passes immediately to you. If you fail to accept delivery of the Products after delivery has been tendered to you the risk of damage or loss passes to you.

6.3 You will not assign novate sub-licence or transfer the benefit of this Agreement or any Contract to any third party.

• The person submitting the Purchase Order is deemed to be duly authorised by you to enter into this agreement on your behalf and has full authority to commit you to the conditions of this agreement and any Contract requested.
• Until the ownership of the Products passes to you we are entitled to enter your property or any other property to repossess the Products if you are in actual possession or control of the Products. We are entitled to charge you for the cost of any repossession actions or proceedings on a full indemnity basis.
• You are not entitled to pledge or charge the Products whilst they remain our property and if you do so all monies due and owing to us under any Contract shall become immediately due and payable, with interest in accordance with the Terms.

Cancellation Returns and Refunds

7.1 You may cancel any Purchase Order at any time up until the time when we notify you that arrangements have been made to deliver the Products to you. Any such cancellation must be in writing or by e-mail and must be received by us before that time. . Cancellation is not possible after delivery although we may in our absolute discretion agree to cancel a Contract.

7.2 We cannot accept cancellation of any Special Orders and Special Orders are only refundable in our absolute discretion. In any event we reserve the right to charge you a 25% Re-Stocking fee for any Special Order Products returned. We also reserve the right to charge you a 25% re-stocking fee for any Products which are returned after delivery.

7.3 You will have the right to return any Products to us at your cost if Products have been ordered in good faith but in error provided that you inform us in writing within one week of delivery. Any Products returned must be returned in pristine condition in their original packaging entirely at your risk in order for a refund to be made.

7.4 If any Products are proved to be faulty on delivery we will refund you the cost of the Product(s) plus any delivery charge provided that you make satisfactory arrangements with us for the collection of the faulty Product(s) by our delivery service within 21 days of discovering the defect(s). You must ensure that any returned Products whether faulty or not are returned to us in pristine condition or in the condition they were in when delivered to you, or you will not be entitled to a full refund.

7.5 You agree to indemnify us for any losses we may suffer if you do not notify us within one week of your intention to return any Products.

7.6 Your statutory rights are not affected by these provisions.

Our Cancellation Rights

8.1 We may suspend cancel or refuse to perform any Contract if you fail a credit check carried out by us or by a Bank or Credit Reference Agency on our behalf.

8.2 We may suspend or cancel any Contract without any reason at any time. In such case, we will refund to you such part of the Purchase Price that relates to the Contract suspended, cancelled or deleted pursuant to this Clause unless such action has been taken by us in response to some default on your part in observing the Terms.

Bathroomsjustforyou Web Site Operation
9.1 Although we will always do our best to maintain the operation of the Website on a 24 hour basis we reserve the right to alter the operation of the Web Site, or temporarily suspend its operation for technical or legal reasons at any time.

9.2 We make no representation or warranty that the whole or part of the Web Site will be accessible to you, or to our users, at all times, nor that the operation of the Web Site will be free of errors. We will do our best to fix any errors with the Web Site as quickly as possible.

• We will have sole control and absolute discretion over the operation of the Web Site, and any information contained on it. We reserve the right to make adjustments to any Products, Prices or any other information displayed on our Website at any time.
• Any Intellectual Property Rights in or arising from our Website or in connection with our business belong to B B Bathrooms Limited.

Term and Termination
10.1 This Agreement is binding upon you and upon Bathroomsjustforyou from the Contract Date and it will remain in force until termination in accordance with the provisions of this Agreement.

10.2 In the case of any Intervening Event continuing for a period of 56 consecutive days preventing us from performing any Contract we may terminate that Contract and any related Contract forthwith by giving you immediate notice.

10.3 Without prejudice to any other rights or remedies we may give you written notice to terminate this Agreement in the event of you becoming insolvent or committing an act of bankruptcy or being a company making an arrangement with its creditors or (other than for the purposes of amalgamation or reconstruction) the commencing of winding up proceedings or the appointment of a receiver or in the event of you being in breach of your obligations in this Agreement.

10.4 Any right of action or remedy that has accrued or will accrue to Bathroomsjustforyou or to you will not be prejudiced by the termination of this Agreement.

Liability Representations and Disclaimer
11.1 We will not be liable to you for any damages caused by any failure to perform obligations under this Agreement, or under any Contract, for the deletion suspension or cancellation of any Contract, for any damage or loss of any Products (other than due to our fault), for any errors or changes in the operation of the Web Site, for temporary suspension of operations on the Web Site, for any information displayed on the Website, or for termination of this Agreement or any Contract.

11.2 Except in respect of death or personal injury caused by our negligence or as expressly provided for in these conditions we will 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 for any loss of profit or any indirect special or consequential loss damage costs expenses or other claims (whether caused by the negligence of Bathroomsjustforyou, it’s servants or agents or otherwise) which arise out of or in connection with the performance or otherwise of any Contract and the entire liability of Bathroomsjustforyou under or in connection with any Contract shall not exceed the amount of the Purchase Price for the relevant Contract except as expressly provided in the Terms.

11.3 We will not be liable to you by reason of any delay in performing or any failure to perform any of our obligations under this Agreement, or under any Contract, if the delay or failure was due to any cause beyond our reasonable control.

• No action may be brought against Bathroomsjustforyou by you or by any third party after one year following the date of any relevant cause of action.
• No warranty is given that the information on our Website is complete, accurate, or up to date, and no representation is given by us that any Products are of merchantable quality or fit for their purpose.
• No liability can be accepted for any costs incurred as a result of late delivery of any Products or for any other reason. We reserve the right to deliver Products by instalments according to availability. You are advised not to arrange for installation of any Products until after they have been delivered and checked for correctness, damage, or missing parts, for which no liability is accepted.
• We reserve the right to withdraw Products from availability or to amend Products Purchase Prices or specifications without any liability on our part. In such cases we will inform you of the change and give you the opportunity to cancel the relevant Purchase Order. If your credit card has been charged for incorrect Products as a result of our mistake and your Purchase Order or Contract is cancelled we will issue a credit to your credit card account in the amount of the incorrect Price.
• All specifications given by us are approximate and intended only as a guide and no liability is accepted for any errors in specifications.
• Purchase Prices and availability of Products are subject to change at any time without notice in our absolute discretion without liability.

Indemnity
12.1 You agree to fully indemnify Bathroomsjustforyou from and against all claims, demands, losses, damages, charges, fines, costs, expenses and all liability arising from any breach of your obligations under this Agreement or under any Contract.

General
13.1 These conditions constitute the entire Agreement between the parties supersede any previous agreement or understanding and may not be varied except in writing between the parties. All others Terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.

13.2 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party and posted by first class pre-paid post at its address stated in any Contract or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice or by e mail to the relevant e mail address of that party or by facsimile transmission to that party.

13.3 No failure or delay by us in exercising any of our rights under the Terms shall be deemed to be a waiver of that right.

13.4. If any provision of these 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 conditions and the remainder of the provision in question shall not be affected.

13.5 If we are unable to perform any of our obligations under any Contract because of an Intervening Event we will not have any liability to you for such failure to perform.

13.6 No term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person or party who is not a party to this Agreement.

13.7 Words importing the neuter gender include the masculine or feminine gender (as the case maybe) and words importing the masculine gender includes the feminine gender and vice versa and words importing the singular number include the plural number and vice versa.

• English law shall apply and the parties agree to submit to the exclusive jurisdiction of the English Courts.
• All rights under this Agreement or under any Contract in favour of Bathroomsjustforyou belong to BB Bathrooms Limited.

Our Privacy Policy
We are committed to protecting your personal information through our Privacy Policy.

Collection and Use of Information
When you use our services on our Website we will ask you to provide personal information. We will use this information to check your credit rating and ability to pay for our services. When you enter into an agreement to purchase Products from us on our Website we will use your information to facilitate the processing of your Purchase Order(s). We may obtain information from your personal computer when you log on to our Website and any such information will be used to assist us in providing you with our services to enable us to communicate effectively with your personal computer and to enable us to personalise your experience on our Website.

When you pass information to us either actively or passively you acknowledge that we will be able to use such information to provide services for your benefit.

We may collect your information in our databases for the purpose of providing you with information and news about our services any special events or promotions which may be of interest to you and any changes to our Website.

We may disclose your personal information to lawful authorities in order to comply with all applicable laws, regulations and directions relating to the lawful operation of our Website.

Our Commitment to you
We will abide by the provisions of the Data Protection Act 1998 and any regulations issued pursuant to that Act.

We will not disclose personal credit information to you or to any other party without proof of identity or lawful authority. We are committed to keeping your personal credit information secure and to use such information only for your benefit or to comply with the lawful requirements of any UK Government service or a Court of competent jurisdiction.

Changes to our Privacy Policy
We reserve the right to make changes to this Privacy Policy without notifying you if in our absolute discretion we believe it is appropriate to do so. Whenever we make changes to this Privacy Policy we will post our new Privacy Policy on our Website. We suggest that you check our Website on a regular basis to note any changes to our Privacy Policy and to ensure that you are aware of the latest version of our Privacy Policy and our Terms and Conditions of business.

Terms and Conditions
This Privacy Policy should be read in conjunction with our Terms and Conditions.

Liability
Our liability to you is limited by the provisions set out in our Terms and Conditions.

General
English law shall apply to the interpretation of this Privacy Policy and if any of the provisions of this Privacy Policy is held by any competent UK Court or authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Privacy Policy and the remainder of the provision in question shall not be affected.

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