1.1 “Consumer” means the individual or organisation that buys or agrees to buy the Goods and/or services from the Supplier;
1.2 “Consumer “shall have the meaning as described in 2015 Consumer Rights Act.
1.3 “Consumer” means the contract between the Supplier and the Consumer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Consumer agrees to buy from the Supplier;
1.5 “Services” means the services that the Consumer agrees to buy from the Supplier and with an installation to have installed the product by the Company or its agents.
1.6 “Supplier “means Walk in Showers and Baths Ltd (WISAB) of Space Centre, Halesfield 8, Telford, TF7 4QN that owns and operates http://www.walkinshowersandbaths.co.uk
1.7 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 “Website” means www.walkinshowersandbaths.co.uk
2.1 Nothing in these terms and conditions shall affect the Consumer’s statutory rights as a Consumer.
2.2 These Terms and conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Consumer and shall prevail over any other documentation or communication with or from the Consumer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Consumer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier’s address stated in clause 1.6.
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Consumer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Consumer are not available from stock the Consumer shall be notified and given an indication of a delivery date. For goods that are ordered outside the UK the delivery could be up to 90 days.
4 PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that as stipulated on our current price list. If the Consumer is claiming and is exempt from paying VAT on this purchase and or installation the price shown on the contract is exclusive of VAT and will be zero rated for VAT purposes. Where applicable, the price excludes delivery charges as shown on the contract.
4.2 The total purchase price, including VAT if appropriate will be confirmed with the order acknowledgement.
4.3 After the order is received the Supplier shall confirm by email or post the details, description and price for the Goods and/or Services.
4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made via Credit/debit Card. Any balance must be paid at least three whole working days prior to the delivery of the goods. The payment schedules are 50% of the contract value which will be required as a deposit; with the remaining balance paid by phased payments.
4.5 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date payment becomes due from day to day until the date of payment at a rate of 8% per anum above Barclays base rate at the time in force.
5 PERFORMANCE OF SERVICES
5.1 The Supplier shall begin to perform the services as soon as the 50% deposit or the total balance has been received. This will begin with the immediate manufacturing or purchase of your materials after the 14 day cooling off period or sooner if the 14 day waiver has been signed.
5.2 The Supplier shall perform the services with reasonable skill and care within the time lines of the contract. However, the Supplier may be prepared to temporarily suspend services if the client experiences a change in circumstances. This could be, for example, because the client is receiving expert medical advice or because of a change in their condition or because there is extra work to be completed that was not noticeable during the survey. This may require a variation of contract to be signed whilst advice and recommendations may be given by third parties such as an Occupational Therapist, Medical Adviser or other Authorities. It is the client’s responsibility to ensure that any contract signed (original or variation) is based on the most up to date assessment of needs.
5.3 The Supplier may have to suspend the services for repair, maintenance, improvement or the installer becomes unavailable. If so the Supplier will restore the service as quickly as is reasonably possible. This may be the case where a machinery breakdown causes a cessation of the installation.
5.4 The Supplier shall with hold services should they become aware of significant change in the client’s circumstances. For example, if the client will not be able to remain in their own home. This is to attempt to mitigate any losses that might be incurred due to the client’s inability to continue with the contract. The Supplier shall not alter or amend the agreed price after the signing of the contract unless a variation of contract has been signed and such increase has been agreed with the Client.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices without notice and cannot be guaranteed for any period of time. Should there have been a price increase between the Supplier quoting the Consumer a price and the Consumer placing an order, the Consumer will be made fully aware and the current prices will apply. Once the Consumer has signed the contract the Supplier cannot increase the price without the Consumer’s consent and a variation of contract will have to be signed by both parties to agree the price increase.
6.2 Where the supplier discovers that additional work is required that was not noticed during the survey the client will be expected to pay the additional cost to enable completion of the contract.
6.3 The Supplier reserves the right to withdraw any Goods and/or Services at any time if requested to do so by the Consumer and the Supplier shall not be liable to anyone for withdrawing any Goods and/or Services or for refusing to act upon the contracted instructions. This may be the case where a family dispute occurs and/or a dangerous substance is found in the Consumer’s home. The Supplier will resume work as soon as it is agreed by both parties to do so.
7.1 Where Goods and/or Services may only be purchased by persons of a certain age the Consumer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
7.2 If the Supplier discovers that the Consumer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.1 All goods supplied will be delivered to the contracted premises within 30 working days from receipt of the deposit starting at the end of the 14 day cooling off period, unless the Consumer has signed the cooling off period waiver, in which case the 30 working days will commence from receipt of the deposit.
8.2 All goods supplied from outside of the UK, will be delivered to the contracted premises within 90 working days from receipt of the deposit starting at the end of the 14 day cooling off period, unless the Consumer has signed the cooling off period waiver, in which case the 90 working days will commence from receipt of the deposit.
8.3 Delivery of the goods shall be made to the Consumer’s address specified on the contract and the Consumer shall make all arrangements to take delivery of the goods when they are tendered for delivery. The Supplier will agree with the Consumer a convenient time for the Supplier to deliver the goods to enable the Consumer to accept and assign for the delivery.
8.4 Risk in the goods shall pass to the Consumer once the Consumer has signed for the goods.
8.5 Title in the goods shall not pass to the Consumer until payment of the agreed contracted price has been paid in full. Should the Consumer change his mind after delivery he will be responsible to pay the full contracted sum.
9 CANCELLATIONS AND RETURN
9.1 If we are installing the product, the Consumer will need to be at their premises to receive delivery of the products and shall inspect the delivery crate/box/packaging immediately upon receipt. The Consumer shall notify the Supplier via email or letter or telephone as soon as is reasonably possible if the delivery crate/box/packaging has obvious delivery damage. This can be ascertained by inspecting for damage to the exterior of the crate/box/packaging that the goods have been delivered in. If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods. This only applies to delivery damage which will be visible with an external inspection of the delivery crate/box/packaging as the product itself has a lifetime warranty. The Consumer is not expected to unwrap or un-box the product. Our installers will do this. In the event of any external damage please take a photograph of the damage and send to us as soon as possible.
9.2 If the product is purchased as a supply only, it will be the Consumer’s responsibility to unpack and inspect the supplied product within 48 hours to report any visible damage. Where a claim of defect or damage is made, the Goods shall be collected by the Supplier within 28 days of delivery. The Consumer shall be entitled to a replacement (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9.3 Right to Cancel as per The Consumers Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for Off Premises Sales.
1. Generally, you have the right to cancel this contract within 14 days without giving any reason; however that right may not exist if you have specifically requested us to visit you for the purposes of carrying out an urgent installation.
2. You have no right to cancel if the payment due by you under the contract is £42 or less.
3. If you have made an express written request on the contract for the service to begin during the 14 day cancellation period, your right to cancel will cease once the contract has been signed.
4. The cancellation period will expire after 14 days after the date of the signing of the contract. To exercise the right to cancel, you must inform us at Walk in Showers and Baths Ltd, Space Centre, Halesfield 8, Telford TF7 4QN or via email to [email protected] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or via email). You may use the attached model cancellation form, but it is not obligatory.
5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Please note that in the event of a dispute the law states that it is for you to show that you have cancelled the contract within the cancellation period – for that reason we would recommend that you keep a copy of what you send and, if posting, use a service that can be traced and provides proof of postage.
9.4 Effects of Cancellation
1. If you cancel this contract within 14 days, and have not signed the 14 days cooling off period waiver, we will reimburse to you all payments received including, where applicable, the costs of delivery, subject to clause 2.d.
2. We will make the reimbursement, without undue delay, and not later than –
a) 14 days after the day we receive back from you any goods supplied, subject to clause 2.d.
b) (If earlier) 14 days after the day you provide evidence that you have returned the goods, or
c) If there were no goods supplied, 14 days after the day on which we are informed about your
decision to cancel this contract, subject to clause 2.d. below.
However, if you requested us to begin the performance of services within the cancellation period by signing the Cancellation Waiver, you shall pay us an amount which is in proportion to what has been performed, until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract as per section 36 below.
36.1 The Supplier must not begin the supply of a service before the end of the cancellation period provided for in Regulation 30(1) unless the Consumer –
a) has made an express request to purchase and /or install the goods, and
b) in the case of an off-premises contract, has made the request on a durable medium.
36.2 In the case of a service other than supply of water, gas, electricity or district heating, the consumer ceases to have the right to cancel a service contract under Regulation 29(1) if the service has been fully performed, and performance of the service began –
a) after a request by the Consumer in accordance with paragraph (1), and
b) with the acknowledgement that the Consumer would lose that right once the contract had been fully performed by the Supplier.
36.3 Paragraphs (4) to (6) below apply where a contract is cancelled under Regulation 29(1) and a service has been supplied in the cancellation period.
36.4 Where the service is supplied in response to a request in accordance with paragraph (1), the Consumer must (subject to paragraph (6) pay to the Supplier an amount –
a)for the supply of the service for the period for which it is supplied, ending with the time when the Supplier is informed of the Consumer’s decision to cancel the contract, in accordance with Regulation 32(2), and
b) which is in proportion to what has been supplied, in comparison with the full coverage of the contract. This will include commissions, advertising, purchases and all incurred costs.
36.5 The amount to be calculated will be –
a) on the basis of the total price agreed in then contract, or
b) if the total price is excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other Suppliers.
36.6 The Consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if –
a) the Supplier has failed to provide the Consumer with the information on the right to cancel required by paragraph (1) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or
b) the service is not supplied in response to a request in accordance with paragraph (1).
c) We will make the reimbursement by cheque. You will not incur any fees as a result of the reimbursement.
d) We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
e) If you have already received any goods that form part of this contract, we will collect the goods at our expense.
f) You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods and/or should clause 2.d. be applicable.
It is our responsibility to supply you with goods and services that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us. Our contact details are given above.
If you are unclear about your rights or require advice, you can contact the Citizens Advice Consumer Service on 03454 040506 or via www.adviceguide.org.uk
9.5 In the event of the death of the user for who the product was purchased and after the presentation of documented proof to the Supplier, the Supplier will accept a cancellation after the cooling off period and prior to the delivery of the Goods. The Consumer will receive a refund, less a reasonable amount to cover any incurred cost, of all monies paid for the Goods and/or Services.
9.6 With a Supply Only purchase, where the contract was not signed in a client’s home, should the Consumer decide that the product is not needed, because it will not fit, it is the wrong colour, the Consumer decides to move or whatever reason, the Supplier may, at it’s discretion, agree to accept the products back into stock as long as it is returned in it’s original packaging and is not damaged. The refund, less a 40% handling fee and less any return transportation fees will be made as soon as the product has been inspected at the warehouse to where the product was returned. The cost of any returns will be the Consumer’s responsibility.
9.7 Goods to be returned must clearly show the order number obtained from the Supplier on the package.
9.8 Where returned Goods are found to be damaged due to the Consumer’s fault the Consumer will be liable for the cost of remedying such damage.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law, in the event of any breech of these terms and conditions by the Supplier the remedies of the Consumer shall be limited to damages which shall in no circumstances exceed the price of the goods and/or services and the Supplier shall under no circumstances be liable for any indirect or incidental loss or damage whatsoever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Supplier shall endeavour to adhere to its delivery schedule as in Section 8, but will not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts for God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Consumer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Walk in Showers and Baths provides a lifetime warranty on the bath door seal to the original owner. All baths and shower trays have a lifetime warranty. All products sourced from an outsourced supplier will have the outsourced suppliers’ warranty which will be a minimum of 12 months. These will be items such as the taps, shower heads, curtains etc. There is a three year limited warranty on all installations completed by the Supplier.
17 DELIVERY AND PAYMENT
With a Supply Only we do need the balance paid three days prior to delivery or collection of your Walk in Shower or Bath. We will not prepare a bath for collection or delivery until we have received full payment.
Where the Consumer is living abroad or will not be present at the time of ordering or at the time of the installation, the company reserves the right, in certain circumstances, to collect all payments prior to the completion of the installation.
18 UNFORSEEN ADDITIONAL WORK
The Consumer understands that should the Supplier or contractor discover the need to carry out any additional work which may be required to complete the installation in a safe and legal way, even after the completion of a survey by the company, the additional work will be payable by the Consumer as per the Company’s price list at the time of the installation. Such work could be the discovery of pipes behind or under the bath, the bath taking longer to fill than expected because the header tank is too small and could not be seen during the survey, the boiler and/or hot water tank is too small, lead pipes need to be changed etc. These are some examples and the list will cover any unforeseen work.
19 NON PAYMENT
Immediately on completion of installation and or any other agreed contracted work, all outstanding monies as per the contract will become immediately payable. Should the consumer refuse to pay, on demand, the balance to the Supplier, a rate of 8% above Barclays base rate will be charged on all outstanding amounts until the balance has been paid.
Walk in Showers and baths are committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK. The purpose of this statement is to explain to you what personal information we collect and how we collect and how we may use it. When you fill out one of our enquiry forms we ask you for your Name, Company Name, Telephone number, Address, Email and nature of your enquiry. We use this information to inform you of our products and services.
We do not sell, rent or exchange your personal information with any third party for commercial reasons.
We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorized access in accordance with the UK data protection legislation.
We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by emailing [email protected] or calling 01952 601061.
We use a technology called “cookies” as part of a normal procedure to track patterns of behaviour of visitors to our site. A cookie is an element of data that our Website sends to your browser which is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
We will not transfer your information outside the EEA (European Economic Area) without first obtaining your consent.
When you place an order we do not store any of your financial details including credit card or debit card numbers. These financial details are held by the payment processor.
Price Guarantee – Terms and Conditions At Walk in Showers and Baths we are confident that our prices will be the lowest. If you find any equivalent product for less, we will more than match the price.
All we ask is that you supply us with a written quotation before your purchase showing a like for like product and we will better the quoted price.
These Terms and Conditions do not affect your statutory rights.
Walk in Showers and Baths, Space Centre, Halesfield 8, Telford, TF7 4QN
Email: [email protected] http://www.walkinshowersandbaths.co.uk
Tel 00 44 (0) 1952 601061