Terms and Conditions
The “company”means Kallums Bathrooms, registered in England and Wales under registration number is 08423115, and whose registered office is at 100 Lower Richmond Rd, London, SW15 1LN. The Company’s registered VAT number is GB 164297291.
Kallums Bathrooms Terms and Conditions of Sale
In this agreement unless the context otherwise requires:
The ‘Buyer’ shall mean the consumer, person or business seeking to purchase goods from the Company.
The ‘Company’ shall mean Kallums Bathrooms’.
The ‘Website’ shall mean the pages published on the worldwide web at the URL www.kallumsbathrooms.co.uk or any of its subfolders or subdomains.
The ‘Contract’ shall mean any contract for goods or services made between the company and the buyer.
The ‘Goods’ shall mean any product, things, or articles to be sold by the Company.
The ‘Services’ shall mean any services provided by the company to the buyer (whether the buyer shall purchase the goods or not).
A ‘Working day’ is a reference to any day other than Saturday or Sunday, which is not a bank or public holiday.
A clause or paragraph is a reference to a clause of this Agreement.
These are the terms and conditions (“Terms”) on which we supply Goods to the Buyer and shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Terms) or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom, practice or course of dealing. The Company’s acceptance of the Buyer’s order (including telephone orders) shall be effective only where such acceptance is in writing on the Company’s order acceptance form, at which point a contract will come into existence between you and us.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.
The Buyer can contact us by telephoning us at 02036202076 or by writing to us at email@example.com.
If we have to contact the Buyer we will do so by telephone or by writing to the Customer at the email address or postal address provided in the order.
The use of the “writing” or “written” in these Terms shall include emails.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Goods. This might be because the Goods are out of stock, because we have identified an error in the price of description of the Goods or because we are unable to meet a delivery deadline you have specified.
Where delivery times are stated on the Website or on subsequent quotes or order specifications, the times are non-contractual and are approximate only. While the Company will make all efforts to deliver to the Buyer within the time stated, delivery could be delayed due to events beyond the Company’s control. Buyers are advised to only commit to an installation schedule once the goods have been received and checked. The Company shall not be liable for any costs, losses, damages and claims otherwise suffered or incurred by the buyer, their agents or any other third party appointed by the buyers as a result of a failure to supply any products on the estimated date.
The Company shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the terms and conditions of this contract will apply. Signature of any delivery note by an agent, employee or representative of the buyer shall be conclusive proof of delivery. Any damages and or shortages must be noted on the delivery note at point of delivery and thereafter. The buyer must within a reasonable time of delivery notify the company in writing of the shortages and or damages to goods. After that time, the goods are deemed to be ‘accepted’ by the buyer thereafter the Company will not be liable for any claims for shortages and or damages. In cases where the buyer is a business, any damages and/or shortages must be listed in writing to the Company within 48 hours, after which time the Company will not be liable for any claims for shortages and or damages.
The Buyer agrees to accept the delivery within 4 weeks of the order date or when the goods are available for delivery, whichever is earlier. In the event of the buyer not accepting the goods within this 4 week period or when the goods are available for delivery, the Company reserves the right to charge insurance and storage of the goods at a rate of 3% of the total order value per month or part thereof, and interest 1% greater than the ruling bank rate at Barclays Bank PLC. London and all risks in the goods pass to the buyer.
Risk of loss of or damage to a consignment of the goods shall pass to the buyer from the time the Buyer collects the product from the premises of the Company or from the time of delivery to the carrier or when the goods are available for delivery, whichever is earlier.
Transfer of Title will not pass from the Company to the Buyer until such time as the goods supplied by the Company to the Buyer have been paid for in full, the Buyer acknowledges that the Company has full and proper rights to repossess any goods which remain unpaid at any time after 30 days from the due payment date and the Buyer also acknowledges that where the Buyer is a Company, the Directors of the Buyer Company will compensate the Company for any loss suffered due to a breach howsoever caused under this clause.
Where the Buyer is a private individual and the contract is with that individual rather than a business, the Distance Selling Regulations (2000) apply. In such cases, the Buyer is entitled to 14 days from receipt of goods during which they may return unwanted goods to the Company. Any items accepted for cancellation or return will be subject to a handing/restocking charge of up to 25%. Goods that have been delivered into the warehouse, from the supplier, awaiting delivery to the customer, will also be subjest to a 25% restocking charge. Where Buyers wish to exercise this right, the Buyer must inform the Company in writing of their intention within the stated time period. The Buyer will be responsible for return carriage costs. The Company will exchange or refund the value of the returned goods so long as they are:
packaged in their original packaging,
in the exact condition supplied and resalable.
The Buyer’s right to return goods, as decreed by the Distance Selling Regulations (2000), does not apply in this contract where the goods are manufactured for the Buyer or customised to the Buyer’s specifications.
The Company will not be responsible for any damage or loss arising during the return transit of the goods. It is the Buyer’s responsibility to take all due care to ensure that the goods are protectively packaged.
Once the delivery has been received, all items should be checked prior to signing for any damage of missing items. In the unlikely event there are any problem or faults, please contact our customer service team within 48 hours of delivery and they will be happy to help resolve any problems. Any damages reported after this time frame, unfortunately will not be considered.
Any drawings/sketch/information provided whether verbal or written is given as guidance only. Although we have made every effort to display colours accurately, we cannot guarantee that a device’s display of colours or the printed pictures in our brochure accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
It is the Customer’s responsibility to confirm with their advisers that the Goods are suitable for any intended installation.
It is the Customer’s responsibility to ensure that any installation using Goods supplied by the Company complies with all statutory water and building regulations.
Our brochure and website are solely for the promotion of our Goods in the UK.
If you have any questions or complaints about the Goods, please contact us via the details set out in these Terms under the heading ‘How to contact us’.
We are under a legal duty to supply Goods that are in conformity with the contract.
The Company shall not be liable for any failure or delay in performance of its obligations which is caused by circumstances beyond its reasonable control. Save as expressly provided for in these terms and conditions, and to the fullest extent permitted by law, the Company’s total liability arising in connection with the Customer’s order shall be limited to the price of the Goods. The Company shall not be liable to the Buyer for any economic loss, loss of profit, loss of business, goodwill or otherwise and whether direct, indirect or consequential, or any claims for consequential compensation whatsoever. In the event that the Company provided faulty goods but the fault is not discovered until after installation of the Goods and could not have been discovered on examination on delivery the liability of the Company shall be limited to replacing such faulty goods free of charge and paying the reasonable expenses of installation of the replacement Goods provided that the Company shall have first been offered the opportunity of itself paying out for such installation work. All conditions, warranties or other terms, whether express or implied, statutory or otherwise, are hereby expressly excluded provided that nothing in this paragraph shall exclude or restrict any liability of the Company for death or personal injury resulting from negligence of the Company, or its servants/agents.
We will use personal information provided by you to us:
to supply the Goods to the Buyer;
to process your payment for the Goods; and
if agreed by the Buyer during the order process, to inform the Buyer about similar Goods what we provide,
but the Buyer may stop receiving these communications at any time by contacting us.
We will only give Buyer’s personal information to third parties where the law either requires or allows us to do so.
The order to which these Terms relates is subject to the laws of England and Wales and any question arising in connection therewith shall be subject to the exclusive jurisdiction of the English Courts.