TERMS AND CONDITIONS OF SALE OF J.A CLARKE & CO LIMITED TRADING AS BATHROOMSENSATIONS.CO.UK
These terms and conditions of sale are for our retail customers. Different terms are applicable to customers who purchase mail order. Please note some of our showrooms are franchisees of Bathroom Sensations and are seperate legal entitees, whose debt will be indicated on the face of the contract / order.
1.1 In these conditions:
‘Condition’ means the standard terms and conditions of sale set out below, including any special terms and conditions agreed in writing by us;
‘Contract’ means any contract for Goods made between you and the Company;
‘Goods’ means the packaged products or services which we shall supply in accordance with these Conditions;
‘We’ means Bathroom Sensations which is the trading name of J A Clarke & Co Limited, registered in England No. 975188 at 78 - 84 Sparkenhoe Street, Leicester LE2 0TH. Vat no. 114945863. Bathroom Sensations operate franchised stores and in these cases ‘we’ means the company as indicated on the face of the Contract. Some terms may vary in franchise stores;
‘You’ means the customer seeking to purchase the Goods from us and ‘Your’ shall be construed accordingly;
The price of the Goods shall be the price given on the date you place your order and will be confirmed on your invoice. The price of the Goods will include VAT at the prevailing rate. Delivery charges may be applicable to your order. Ask instore for details. Prices correct at time of print. Errors and omissions excepted.
3. DATE FOR PAYMENT
You shall pay for the Goods at your local Bathroom Sensations in full either at the time you place the order or, if a deposit has been paid, at least 7 days prior to delivery being made, with cleared funds, otherwise the delivery date may be cancelled and re-scheduled.
4. ORDER CHANGES
Should you wish to change the order, delivery date or delivery address, you should contact your local Bathroom Sensations no later than 7 days prior to your original agreed delivery date to enable us to perform the Contract.
5. COLLECTION AND DELIVERY
5.1 Our home delivery service options and pricing will be explained at the point of order.
5.2 Home deliveries are generally made between 7.30am and 6pm. A convenient delivery date will be agreed with you at the point of placing your order. Some franchised stores have separate delivery services which may operate outside these times. You will be informed of this at the point of purchase.
5.3 You shall be responsible for making all necessary arrangements to take collection of the Goods.
5.4 Any specific, or exceptional, delivery requirements should be agreed with your local Bathroom Sensations at the point of purchase.
5.5 Delivery charges for orders outside mainland Britain or in the Highlands of Scotland may vary.
5.6 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions on the date agreed for delivery, then we reserve the right to charge you the subsequent delivery charges.
5.7 We recommend that you do not confirm the start date with your installer until you have received and checked your delivery.
5.8 You agree to accept delivery within 30 days of order date unless otherwise agreed. We reserve the right to charge storage charges at the rate of 2% of the total order per month if orders are delivered outside two months.
5.9 Risk of damage to, or loss of the Goods shall pass to you at the time we deliver to your agreed delivery address.
6. LOSS OR DAMAGE TO GOODS ON DELIVERY
6.1 We recommend that you examine the Goods to check that they are as ordered and undamaged as soon as possible after delivery. Please open each box and check that everything is as ordered and appears in good condition. Bathroom Sensations will replace Goods free of charge that have been incorrectly supplied or damaged in transit during our delivery. Please notify your local store within 14 days from the day after the day on which the Goods were received and we will arrange for a replacement item to be delivered and the damaged item to be collected.
6.2 All damaged Goods, wherever possible, should be returned in their original packaging.
7. CANCELLATION RIGHTS – GOODS ORDERED Instore, VIA THE INTERNET OR TELEPHONE
7.1 You will be entitled to cancel the Contract with us in the following circumstances:
7.1.1 Where you are unhappy with the Goods, for whatever reason, and notify us before the expiry of 28 days from the day after the day on which the Goods were received; or
7.1.2 Where Goods supplied are faulty or not in accordance with the specifications of your order.
7.2 A refund will be reimbursed to you within 28 days from the day after the day on which the cancellation was made.
7.3 This right of cancellation does not apply to special orders of products not featured in the Bathroom Sensations Catalogue or where goods are specifically made to your specification or personalised at your request.
7.4 After 14 days from the day after the day on which the Goods have been received we reserve the right to levy a re-stocking charge equivalent to 20% of the value of the items returned. After 28 days you will not be able to cancel the contract.
7.5 All Goods, wherever possible, must be returned unused and in their original packaging.
7.6 We cannot refund Goods that have been damaged while in your possession.
8.1 We shall have no liability whatsoever for any failure to perform, or for a delay in the performance of any of our obligations under the Contract arising wholly or in part by reason for any factor beyond our direct control.
8.2 In placing an order with us, you warrant that you are a resident of the United Kingdom and that you have the necessary permission and authority to enter into this Contract.
8.3 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Condition shall not be affected.
8.4 These Conditions do not purport to confer a benefit on any third party by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
8.5 The Contract and these Conditions shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.
8.6 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 delivered to the address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
8.7 The terms and conditions do not affect your statutory rights.
9. PRICE GUARANTEE
At Bathroom Sensations we are confident that our prices will be the lowest. If you find any equivalent product cheaper at another store, we will match the price and beat it.
9.1 We will match the third party price quote and also deduct a percentage of the difference (the amount of deduction is at our discretion).
9.2 All we ask is that you apply before your purchase or within 28 days of purchase from us. Where applicable a Bathroom Sensations proof of purchase (receipt) is required.
9.3 Your claim must be supported by a written quotation for the relevant product from the competing retailer.
9.4 Bathroom Sensations will only beat quotes from competing high street retailers. All quotes from online retailers are excluded.
9.5 Price quotes will only be beaten once for each eligible item purchased from us.
9.6 The product(s) must be equivalent in all material aspects Including style, quality, materials and structure. We reserve the right to refuse to beat the price of items not deemed to be equivalent at our sole discretion.
9.7 The comparison will be made against the actual Bathroom Sensations price including any discounts or offers applicable at the time the application is made.
9.8 The price guarantee excludes installation charges.
9.9 Bathroom Sensations reserve the right to withdraw or amend the Bathroom Sensations price guarantee at any time without notice.
Please ask a member of our In store staff or email orders for full details.
Product ranges and pricing in Bathroom Sensations stores may not be the same as those for comparable products found on www.bathroomsensations.co.uk
10. Product Guarantees
All Bathroom Sensations products are engineered & manufactured to exacting standards and carry our additional guarantee over your statutory rights covering all manufacturing faults.
10 Year Guarantee - All our products ( with the exceptions noted below ) including sanitary ware, baths, shower enclosures , shower heads, brassware, radiators & shower trays
5 Year Guarantee – Furniture, cabinets & whirlpool baths
2 Year Guarantee - Toilet seats, Basics products, Home accessories, summer heating kits, shower pumps, wastes, cistern fittings, lighting products & illuminated mirrors
Statutory rights - consumables, such as light bulbs, shower hoses, tap and shower cartridges
How to Claim:
In the unlikely event that you encounter a problem with a Bathroom Sensations product, you should return it to the Bathroom Sensations that supplied you. In the case of e-commerce sales, you should contact the help desk as indicated on the Bathroom Sensations e-commerce website. They will be able to advise whether it is due to faulty product or faulty installation. If the problem is due to a manufacturing fault, they will arrange the supply of a replacement product.
We will replace at our discretion, in part or whole, a product which is defective in operation, materials or workmanship. If the exact model is no longer available, we will endeavour to provide the nearest equivalent from our then current range. To be covered by the guarantee, all products should be installed in accordance with the instructions provided and be for domestic use only. Products must be purchased and installed in the UK and Ireland only. This product guarantee applies to the original purchaser or end user, is non-transferable and takes effect from the date of purchase. The guarantee does not cover damage during fitting, accidental or malicious damage, improper use or negligence, discolouration due to prolonged exposure to sunlight or UV light, general wear and tear ( for example light bulbs, hinges, cartridges & shower hoses are items that do need to be replaced periodically ), damage due to poor installation or servicing or consequential loss. Shower hoses, tap and shower cartridges & furniture hinges are guaranteed for one year. Care should be taken in hard water areas to ensure that cartridges are regularly cleaned. Please keep a copy of your original invoice or receipt to refer to in the event of any claim.
Our Guarantee is in addition to your statutory rights, and does not affect your statutory rights.
Products sold as ex display have been installed in our stores and may well have scuffs and cosmetic damage consistent with normal use and where ever possible we have tried to show affected areas prior to sale.
Ex-display products are sold without Bathroom Sensations ’s extended guarantees. This does not affect customer's statutory rights.
Retailers & Merchants:
Due to trading agreements we have in place with our suppliers/manufacturers we are unable to supply directly to other bathroom retailers/merchants.