If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms, which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
“you” means the purchaser, person, firm or company who purchases the Goods;
“us” means, Albion Bath Company Limited whose registered office is Springbank House, 20, Spring Rd, St. Osyth, Clacton-On-Sea, Essex CO16 8RP;
“Contract” means the contract between us and you which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract to be supplied by us to you;
“Delivery Address” means the place to which the
Goods are to be delivered as specified by you on the order confirmation;
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time;
The Contract between you and us will not be formed until you have agreed and acknowledged its Terms by either, post, fax or email and we have subsequently confirmed your acknowledgement. The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by you. No terms and conditions contained in the confirmation of order, purchase order or other document of yours will form part of the Contract. A person who is not a party to the Contact as detailed above has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of contact except as expressly provided in this agreement.
The price for the Goods shall, be the price set out on the order confirmation and/or any associated documentation. You shall pay such deposit as detailed on the order confirmation. Deposits are non-refundable and in the event of any cancellation of order, an additional cancellation fee may also be required as deemed necessary by us.
Payment of the price of the Goods shall be due as detailed in the terms of payment detailed on the order confirmation and/or any associated documentation. Payment shall not be deemed to have taken place until the receipt by us of cleared funds.
Unless otherwise agreed in writing, the Delivery Address shall be the delivery address as specified on the order confirmation. Goods are only delivered to the exterior of a ground floor location at the Delivery Address. You must therefore make your own arrangements at your own risk if the items need to be transported from the delivery location as we do not provide unpacking or installation services. If delivery is specified to be “ex-works” this shall mean you will collect the Goods from our works. The order confirmation will detail the week of delivery. We will contact you by telephone and/or email approximately five days prior to the date of delivery to advise you of the day of delivery. Any dates specified by us for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time. You must do all that you reasonably can to enable delivery to take place at the given time and place. If delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within ten days of the failed delivery, however the next available date may be up to six weeks later. In this event, we will still require payment of any outstanding monies as detailed on the order confirmation and/or any associated documentation. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for redelivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
RISK IN AND OWNERSHIP OF THE GOODS
Risk in the Goods shall pass to you on arrival at the Delivery Address as specified by you on the order confirmation, unless the Goods are ex-works, when risk shall pass to you upon collection. Notwithstanding delivery having been made, title in the Goods shall not pass to you until you have paid the price for the Goods in full and no other sums whatsoever shall be due to us from you. Until title in the Goods passes from us, you must hold the Goods on a fiduciary basis as bailee and store them at your own cost separately from all other Goods in your possession and marked in such a way that they are clearly identified as our property. You must not destroy or deface any identifying mark on the Goods or their packaging and you must maintain the Goods in satisfactory condition insured with our interest noted on the policy and hold any proceeds of such insurance on trust for us and not mix them with any other money.
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to Goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
All products supplied by us come with a 12 month guarantee. Any guarantee periods longer than this quoted for particular products are provided by the manufacturer and are not in any way endorsed or backed by us. We pass on manufacturers warranties in good faith but we do not endorse them and they form no part of your Contract with us. For the avoidance of doubt if the manufacturer becomes insolvent you accept that the additional guarantee is lost.
You must inspect the Goods at the time and point of delivery and notify us immediately of any problems with the Goods. We will either make good any shortage or non-delivery; replace or repair any Goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the Goods in question. If you wish to make a claim under our guarantee, you should notify us in writing and return the Goods in question to us so that they may be inspected. Any Goods returned to us should be covered under separate carriage with appropriate insurance arranged by and at your cost. We shall not be liable under our guarantee if you make any alterations or repairs to the Goods without receiving prior written agreement from us to do so. Our liability under our guarantee shall be limited to repairing or replacing the Goods in question as appropriate. Any Goods replaced under guarantee are only covered from the original purchase date.
NON FAULTY GOODS
Any unused/unwanted Goods will be subject to a restock charge of 15%. Goods will only be accepted if they are complete, undamaged, in saleable condition in their original packaging and accompanied by their original receipt within a period of 28 days following delivery. In the case of goods marked ‘SPECIAL’ on your order confirmation, no changes are allowable after you have agreed, acknowledged and returned the order confirmation to us by post, fax or email and we have accepted the returned confirmation as appropriate. In this instance, if changes are required, full payment may be required for the unwanted ‘SPECIAL’ goods. ‘SPECIAL’ goods, therefore, by their nature are non refundable and cannot be returned for credit. If you are buying as a ‘consumer’, as defined in The Consumer Protection (Distance Selling) Regulations 2000, so long as you notify us within seven days of delivery of your intent to return the goods under the regulations, and the goods are undamaged, in saleable condition and in their original packaging, you are able to return the goods and obtain a full refund of the price paid. In this instance no restocking charge is applicable. Any goods required to be returned for whatever reason must be accompanied by a completed returns form and sent via a signed for post/delivery system where any damage can be claimed for under appropriate insurance and at your cost.
We shall have no liability to pay any money to you by way of compensation other than any refund we make under these Terms. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption; neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms or our legal duties. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence. Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK.
All Goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the Goods. If you are a trade customer we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any Goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of Goods that we supply.
We are manufacturers and retailers only and not technical experts in the field of building, heating, plumbing, bathroom or electrical installation. Our staff are instructed to be as helpful as possible but not to give any form of technical advice.
If you have any technical queries, they should be directed to a suitably qualified professional. You agree that any advice given by a member of our staff will not be relied upon without verification by a suitably qualified professional. We therefore cannot accept responsibility for any damage caused by your reliance on any such advice.
We make every effort to try to ensure that the Goods we supply comply with any measurements we provide. However, due to the nature of the Goods, dimensions of certain items may vary by up to 5%.