These terms and conditions form the basis on which you can visit us and our website. Please read them carefully and print a copy for future use as they contain important information.
GENERAL TERMS AND CONDITIONS
This site is owned and operated by:
|Flush Bathrooms Ltd
16 Queen Square
Company Registered No. 10057875
VAT Registered No. GB 235 8369 81
Please contact us if you have any queries about these terms and conditions or if you have any comments or complaints on or about our website.
1: The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when we send to you an email that the goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.
2: Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Flush Bathrooms ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3: Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
4: Damage to your computer
We try to ensure that this website is free from viruses or defects. It is your responsibility to ensure that the right equipment and software is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock or are not standard stock items, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
6: Ordering errors
You are able to correct errors on your order up to the point on which you click on "Checkout Now" during the ordering process.
- 7.1 - The prices payable for goods that you order are as set out in our website. All prices are subject to VAT at the current rates and are correct at the time of entering information.
- 7.2 - While we try to ensure that all prices on our website are accurate, errors may occur. Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email and give you the option of purchasing the goods at the correct price stated in the email or cancelling it. If you cancel your order and you have already paid, you will receive a refund.
8. Payment terms
- 8.1 - We will charge your account for payment upon receipt of your order. If your offer is rejected then a full refund will be made. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
- 8.2 - Payment can be made using all major credit or debit cards with the exception of American Express. Payment can also be made by cheque, bankers draft or postal order and can be sent to our address above.
- 8.3 - If you are a Council, Limited Company or Sole Trader, you can request a pro forma invoice to make payment. Please call our accounts department for further details.
- 8.4 - In the interests of preventing fraudulent use of credit, debit and charge cards, www.flush-bathrooms.co.uk will validate the names, addresses, and other information supplied during the order process against commercially available records (eg Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the www.flush-bathrooms.co.uk website you consent to such checks being made. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information.
9. Delivery charges
- 9.1 - Delivery is free on all orders to a UK mainland address..
- 9.2 - For deliveries to the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles you may be required to pay extra for delivery. Call us for further details.
- 10.1 - Delivery will be using a one man delivery and will deliver to ground floor locations only.
- 10.2 - Normal delivery schedules are Monday - Friday (excluding public holidays).
- 10.3 - We are only able to deliver to addresses within the United Kingdom and it might not be possible for us to deliver to some locations.
- 10.4 - We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Any changes to your delivery address after your order has been processed for despatch may result in additional administrative charges.
- 10.5 - When a delivery date has been arranged please ensure that you or your approved agent is available at your address to accept the delivery. Should our delivery agent arrive and there is no one available to accept delivery, unfortunately you may incur a second delivery charge. Please ensure that someone is available to accept the delivery
- 10.6 - We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
- 10.7 - YOU ARE ADVISED NOT TO BOOK AN INSTALLER OR CONTRACTOR UNTIL YOUR GOODS HAVE ARRIVED AND HAVE BEEN CHECKED. FLUSH BATHROOMS LTD OR ITS AGENTS ARE NOT LIABLE FOR ANY INSTALLER OR CONTRACTOR COSTS, CONSEQUENTIAL LOSS OR COMPENSATION IN ANY WAY.
- 10.8 - At the point of order, all delivery dates are approximate and given as a guideline only. We cannot accept any liability for costs involved with delayed deliveries.
- 10.9 - You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.
- 10.10 - On arrival, all goods must be inspected within reasonable time. Any damages or shortages cannot be corrected after 7 working days ('Working Day' means all days other than Saturdays, Sundays and public holidays).
- 10.11 - Please do not install any goods that appear damaged. If you install the goods, you have deemed to have accepted them.
11. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
12. Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.
13. Cancellation rights
- 13.1 - Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract. However, you will need to notify us in writing, email or fax if you wish to cancel your contract.
- 13.2 - You cannot cancel your contract if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
- 13.3 - If you have received the goods before you cancel your contract then [unless, under clause 13.2, for which you do not have a right to cancel] you must send the goods back to the address supplied by us at your own cost and risk. It is recommended you take out insurance on the goods against damage or loss.
- 13.4 - If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to the address supplied by us at your own cost and risk as soon as possible. It is recommended you take out insurance on the goods against damage or loss.
- 13.5 - Once you have notified us in writing, email or fax that you wish to return your goods, you can providing you pay the cost of returning them. You are highly recommended to insure the goods which you are returning. Once your goods have been received in a re-saleable condition we will process your refund the next working day. Please note, it can take at least 5 working days for the refund to show in your account.
- 13.6 - You will be re-credited for the costs incurred in returning faulty goods, or goods that do not comply with what was ordered.
- 14.1 - To exercise your right of cancellation you must give written notice by post, email or fax, giving details of goods ordered.
- 14.2 - All non-faulty items will incur a collection charge, dependant on the size and weight of the item. This charge must be paid prior to any collection being arranged.
- 14.3 - A re-stocking charge of 25% will be applied to all non-faulty items that wish to be returned.
- 14.4 - All goods returned to us must be in perfect condition with the product packaging undamaged. You have a statutory duty to restore those goods to us and, in the meantime, to keep them and take reasonable care of them. As such it is recommended you take out insurance on the goods against damage or loss.
- 14.5 - In the unlikely event that the item we deliver to you is faulty or damaged, we will meet the cost of the return, as long as the fault is acknowledged within 7 working days (see 10.9). We reserve the right to nominate a collection company for this.
- 14.6 - We will not accept any returns after 14 days from the date of delivery.
15. Cancellation by us
- 15.1 - We reserve the right to cancel the contract between us if:
- 15.1.1 - We have insufficient stock to deliver the goods you have ordered;
- 15.1.2 - We do not deliver to your area; or
- 15.1.3 - One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
- 15.2 - If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of the cancellation.
- 16.1 - If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).
If you notify a problem to us under this condition, our only obligation will be, at your option:
- 16.1.1 - To make good any shortage or non-delivery;
- 16.1.2 - To replace or repair any goods that are damaged or defective; or
- 16.1.3 - To refund to you the amount paid by you for the goods in question.
- 16.2 - Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract. Neither party shall have any liability to the other party for a claim of loss of profits.
- 16.3 - You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- 16.4 - Please be advised that you need to comply with all applicable regulations and legislation and where applicable you are responsible for ensuring all that only suitably qualified tradesmen are engaged to install goods purchased from our site.
- 16.5 - Notwithstanding the foregoing, nothing in these terms and conditions affects your statutory rights.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing, fax, or email and sent to our contact address given above and all notices from us to you may be displayed on our website from to time.
18. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
19. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
22. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.