In this document the following words shall have the following meanings.
1.1 “Buyer” means the person who buys the goods from the seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.4 “List Price” means the list of prices of the goods maintained by the seller as amended from time to time;
1.5 “Seller” means Outasight Shower Screen Ltd
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Placing an order for Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.6 The company reserves the right to amend the prices listed within its published range. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, and acceptance of offer, invoice or other documentation of information issued by the Company shall be subject to correction without any liability on the part of the Company.
2.7 All specifications given to the customer are approximate and intended as a guide only. The Company does not accept responsibility for any preparation work based on such specifications.
2.8 The Company reserves the right to withdraw a product line or amend specifications without any liability on the part of the Company.
2.9 The Company reserves the right to make adjustments to the price to take account of any increase in our supplier's prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. We will inform you of the correct price and give you the opportunity to cancel the order.
2.10 To the fullest extent permitted at law, the company is providing a web site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, the company does not represent or warrant that the information accessible via this web site is accurate, complete or current.
3 Price and Payment
3.1 Until full payment is received all goods supplied by Outasight Shower Screen Ltd remain our property, you must store them so that they are clearly identifiable as our property, and you must insure them (against risks for which a prudent owner would insure them) and hold the policy on trust for us.
3.2 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's Web Site or as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT but exclusive of any delivery charges.
3.3 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
3.4 Quotations are valid for 30 days after such quotations are supplied to the customer.
4.1 Delivery dates given are approximate and will only be confirmed once Goods are in stock. It is therefore advised that installation arrangements should not be made until all goods have been delivered and checked as in Clause 4.2.
4.2 The Buyer shall open and inspect the Goods immediately upon delivery/receipt and if this is not possible then the Buyer should ensure that the Goods delivery receipt is signed and clearly noted as “UNCHECKED” and thereafter the Buyer shall notify the Seller in writing (Email, Fax,) within 24 hours of delivery of any shortfalls or if the Goods are damaged or do not comply with any part of the Contract. No claims will be accepted after this period. Claims for damages will not be accepted for goods after they have been fitted; all goods must be inspected prior to installation.
4.2.1 Orders are subject to the following delivery charges:
- We offer free delivery (Monday - Friday) to mainland England and Wales only. Some areas of Scotland will incur additional delivery charges.
- If you require a Saturday delivery or special time (i.e. before 10am, urgent next day) please contact us for a delivery price.
- All other destinations will be subject to additional delivery charges. We will not proceed with these orders until the additional delivery charges have been advised to, agreed and paid by the Buyer
- Refer to the Schedule of Delivery Service & Charges for details of additional delivery details and charges to all other destinations.
4.2.2 : If we require further payment to cover the cost of shipping we will contact you for consent first. Goods shipped outside of the UK will also be subject to additional customs charges. By ordering from us you accept responsibility for payment of any additional charges.
4.3 All Goods, wherever possible, will be delivered within 7 working days of the order being placed. Special Orders, Bespoke Orders and large volume orders may take longer. The Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery, if a delivery is missed and redelivery charges apply it is the responsibility of the buyer to pay these charges, to avoid this please advise us at the time of placing your order to contact you prior to sending your order otherwise we will send your order as soon as we have it in stock.
4.4 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.5 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.3, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date as Clause 4.1.
4.6 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate.
4.7 Delivery of the Goods will be by one man delivery and Goods will be delivered to ground floor locations only.
4.8 Risk in the Goods shall pass to the Buyer upon delivery of the Goods.
5 Cancellation and Returns
5.1 The Company cannot accept cancellation of any Special or Bespoke Orders such orders are non-returnable/non-refundable
5.2 The Buyer can cancel an order before the Goods have been despatched by notifying the Seller in writing (Email, Fax, and Letter) giving reasons for the cancellation. (An administration charge will be applied)
5.3 The Buyer can cancel an order when the Goods have been despatched by notifying the Seller in writing (Email, Fax, and Letter) giving reasons for the cancellation and returning the Goods to the Seller 5.8
5.4 The Buyer should contact the Seller in writing (Email, Fax, Letter) before “arranging any returns” to inform us of the reasons for the return and we shall provide a Goods Return Number to be clearly shown together with the Buyers Name on the packaging of the Goods to be returned. Timescales for returns are detailed in clauses 4.2 for damaged goods and 5.8 for all other reasons. We will not accept any returns outside of these timescales.5.4 The costs of returning goods to the Seller shall be borne by the Buyer.
Goods must be returned at the Buyer's cost in the original packaging as the goods were despatched and received by you and should be adequately insured during the return journey and where returned Goods are found to be damaged and do not arrive in pristine, original and re-saleable condition due to the Buyers fault or whilst in return transit from the Buyer to the Seller the Buyer will be liable for the cost of remedying such damage and such cost will be advised by the Seller to the Buyer and until such damage has been remedied no refund will be made.
The Buyer shall receive a refund of monies paid for the Goods (subject to any deductions as detailed in the Terms of Trading) within 10 days of receipt of the returned Goods subject to the returned Goods being in pristine, original and re-saleable condition (It is advised that the Goods should be returned by recorded delivery) 5.8
5.5 Where a claim of defect or damage is made then it shall be the responsibility of the Buyer to return the Goods to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including reasonable delivery costs, if applicable) plus any reasonable return postal charges if the Goods are in fact defective. Goods will only be replaced once we receive the defective or damaged Goods back. The Buyer shall receive a refund of monies paid for the Goods (subject to any deductions as detailed in the Terms of Trading) within 10 days of receipt of the returned Goods. (It is advised that the Goods should be returned by recorded delivery) 5.8
The Seller reserves the right to nominate a carrier to collect the Goods from the Buyer and return the Goods to the Seller 5.5
5.6 Goods to be returned must clearly show the Goods Return Number obtained from the Seller and the Buyers Name on the packaging of the Goods so we identify which order/sale they relate to.
5.7 Where returned Goods are found to be damaged and do not arrive in pristine, original and re-saleable condition due to the Buyers fault or whilst in return transit from the Buyer to the Seller the Buyer will be liable for the cost of remedying such damage and such cost will be advised by the Seller to the Buyer and until such damage has been remedied no refund will be made.5.4 5.7
5.8 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing (Email, Fax, and Letter) within 7 working days following the day of receipt of the Goods.
Where goods are returned after the 7 working day period and within 30 days of receipt of the Goods the Goods will be subject to a 25% restocking charge.
Goods must be returned at the Buyer's cost in the original packaging as the goods were despatched and received by you and should be adequately insured during the return journey and where returned Goods are found to be damaged and do not arrive in pristine, original and re-saleable condition due to the Buyers fault or whilst in return transit from the Buyer to the Seller the Buyer will be liable for the cost of remedying such damage and such cost will be advised by the Seller to the Buyer and until such damage has been remedied no refund will be made. 5.4, 5.7
The Buyer shall receive a refund of monies paid for the Goods (subject to any deductions as detailed in the Terms of Trading) within 10 days of receipt of the returned Goods subject to the returned Goods being in pristine, original and re-saleable condition (It is advised that the Goods should be returned by recorded delivery) Clause 5.8
5.9 The delivery of the Goods to you is a separate contract for services and is not covered by the cooling off period; therefore any refund made will not include the costs of delivery of the Goods to you.
OUTASIGHT SHOWER SCREEN LTD
Unit 12 Delta Court
Sky Business Park
Robin Hood Airport
Telephone No: 0844 8770570
6.1 In addition to the Buyer's statutory rights, the manufacturer (Outasight Shower Screen Ltd) warranties the Goods (Parts Only) for a period of one year from the date of delivery.
7.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller
8 Limitation of Liability
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3 Except as specifically stated on our Web site, to the fullest extent permitted at law, neither The Company nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, The Company does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of The Company, its affiliates, directors, employees or other representatives.
9 Force Majeure
9.1 Neither party shall 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 of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10.1 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.
11 Governing Law and Jurisdiction
11.1 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.
12.1 The Company is the sole owner of information supplied to us for the use of our services. We will not sell, share or rent any personal information to others. We may use this information to notify you of important changes to our service and web site.