DIY WETROOM - CUSTOMER TERMS AND CONDITIONS OF SUPPLY.
In this agreement the terms have the following meanings :
1.”Customer” means the user or buyer purchasing a product from DIY Wetroom
2.”Agreement” means the contract between DIY Wetroom and the customer to which these conditions will apply.
By ordering any goods, you agree to be bound by these terms. You should print a copy of these terms for future reference.
This agreement shall apply to all products purchased by a customer via the DIY Wetroom web site. By agreeing to these terms your statutory rights are not affected.
Please click on the button marked “I accept the terms and conditions of supply” on the order form, if you refuse to accept these terms, you will not be allowed to order any goods from DIY Wetroom.
After placing an order, you will receive an e-mail acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. In the unlikely event of refusal you will be notified by e-mail.
Our site contains a large number of goods and it is possible that, some of the goods listed may be incorrectly priced. We are under no obligation to provide goods to you at the incorrect (lower) price, even after we have sent you an order confirmation. All prices shown include VAT at the current rate.
All online transactions are in £ GBP and are processed by Sagepay. Sagepay provides a secure purchasing environment online and handles all credit and debit card payments. DIY Wetroom DO NOT handle or store your credit/debit card details.
We accept all major credit and debit cards including : Visa, Visa Delta, Visa Electron, Mastercard, Switch, Maestro, Solo, but excluding American Express. We also accept BACS. Full payment for all goods and any charges for carriage and insurance must be received by us in cleared funds before your order can be delivered.
3. Order Despatch and Delivery
Orders (excluding kits with glass screen) are shipped on a next working day service. Delivery will normally take place between the hours of 8:00 and 18:00 Monday to Friday If the order is received and paid before 3pm on a working day ( Monday to Friday excluding bank holidays and public holidays. We do not guarantee it will arrive next working day as this is entirely down to TNT and beyond our control. In our experience the vast majority of consignments shipped on a next working day service will arrive next working day.
Carriage charges vary according to the goods purchased. We can only deliver to UK addresses. We will deliver the goods to the boundary of your delivery address and you should arrange for people to be available to take delivery of the goods.
All dates given for delivery are estimates only and, as such, we will not be liable for any costs incurred as a result of late or early delivery. The goods will be delivered to the address on the order form.
If you fail to take delivery of the goods on the delivery date, TNT will re-deliver on the following day. We reserve the right to charge you for the extra delivery. We will notify you, prior to arranging a new delivery date, if a delivery charge will be incurred. Do not employ a tradesman based on estimated delivery dates. Ownership and risk in the goods will pass on delivery.
4. Cancelling an order
We observe the terms of the Consumer Protection (Distance Selling) Regulations 2000 which include cancellation rights. However, these cancellation rights do not apply to any bespoke goods that are made to your own specification, such as custom-made shower doors or goods that are a special order. You will be informed if your order is special order before we issue the order confirmation.
You may cancel the agreement (unless the goods were made to your specification or a special tray) at any time within seven working days, beginning on the day after you receive the goods (cooling off period). You will receive a full refund of the price paid for the goods in accordance with our refunds policy.
It is very important that you open, and inspect, the goods within 24 hours of receipt. If the goods are damaged in any way, incorrect or are faulty, you should e-mail sales@diywetroom to obtain a return number, to give full details of the damage and arrange a suitable method of returning the goods. You must also return the goods to us as soon as reasonably practicable and provided you have called us, we will meet the cost of the return.
5. Damaged Items
All damage and incorrectly shipped items must be notified within 24 hours of receipt. In all instances please KEEP ALL PACKAGING for inspection and take photographs to document the damage. Replacement goods will be sent on TNT for next-day delivery (except shower screens see 7 Glass Screens)
We promise to you that the goods are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this contract is strictly limited to the purchase price of the goods set out in the order confirmation. We are not responsible for indirect losses which occur incidental to the main loss or damage. Indirect losses shall include, but are not limited to, the cost of removing or re-fitting goods, together with the costs of re-tiling or making good any area.
Nothing in these terms is intended to :
• Limit any rights you may have as a consumer or other statutory rights that may not be excluded by law ; nor
• In any way exclude or limit our liability to you for any death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation.
But subject to this and to the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential indirect loss (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to our site, the goods or your order.
7. Glass Screens
Due to the weight, size and fragile nature of the glass screens we use a specialist delivery firm. This means that these cannot be shipped next day service. Despatch of glass screens usually takes place within 3 – 7 working days from the placing and payment of the order. We will call or e-mail you to advise of the delivery date. PLEASE check the glass screen at time of receipt and advise of damage immediately on 01629 815500 ideally whilst the delivery person(s) are still on site.
Many goods are heavy and require a minimum of two people to move them. All goods are sent by carrier and should be received within 14 days of despatch confirmation ( or the despatch date shown on the order confirmation), although we are not liable for any late deliveries.
Before ordering please ensure that you have adequate access to your property for the delivery of the ordered item. Please also ensure you have adequate access to the room of installation for your screen / bulky item. Please see the returns paragraph below which applies to returns of this nature.
8. Heavy Goods
For cancellations within the cooling off period, (see 4 , Cancelling an order) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the goods in full. However, you will be responsible for the cost of returning the items to us.
Goods must be received in perfect condition. We are not liable for postage, shipping or taxes due on returned goods, we are not responsible for goods lost or damaged in return transit.
For goods deemed to be faulty, incorrect or damaged in transit, we will examine the returned goods and will notify you of your replacement or refund via e-mail within reasonable period of time. If you do not want to accept a replacement, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of defective goods in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us, or For any reason other than a product fault, mistake by ourselves or transit damage you will be asked to return the goods to us at your cost. If we receive the goods outside the cooling off period they will be inspected and provided that the goods are received by us in the condition they were delivered to you, this includes being in the original undamaged packaging, you will be refunded the cost of the goods less the P&P and 20% restocking cost.
This can include but is not exclusive to :
• Items returned in damaged / ripped packaging
• Items returned in non-original packaging
• Items returned incomplete
• Items returned due to lack of delivery access and / or access to the room of installation.
We will usually refund any money received from you using the same method originally used to pay for your purchase.
All of our goods carry a manufacturer’s guarantee to the effect that the goods are of satisfactory quality (within the meaning of the sale of goods act 1979) and are fit for all the purposes for which products of the kind are commonly supplied. In the unlikely event that your goods develop a fault during the guarantee period (details of which will be supplied on request) then we will replace or repair the goods, at the manufacturers discretion, free of charge, provided that :
• You give notice in writing to us during the guarantee period within a reasonable time of discovery that some or all of the goods do not comply with guarantee, and
• We are given a reasonable opportunity of examining such goods, and
• You (if asked to do so by us) return such goods to us at your own cost.
We will not be liable for the goods failure to comply if :
• You make any use of the goods after giving us notice, or
• The defect arises because you failed to follow the manufacturers instructions in relation to the goods or (if there are none) good trade practise, or
• You alter or repair such goods without our prior written consent, or
• The defect arises as a result of fair wear and tear, negligence, or abnormal storage.
We shall have no liability to you in respect of the goods failure to comply with the manufacturer’s guarantee.
11. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Rights of Third Parties
Nothing in these terms shall confer any right or benefit on any third party to enforce any term of the contract under the provisions of the contracts (Rights of Third Parties) Act.
We reserve the right to vary these terms at any time and will post any revised terms on our site. You will be bound by the Terms that are displayed on our site when you place your order. These terms shall be the only terms and conditions that govern our relationship with you to the exclusion of all other terms and conditions.
We have the right to assign our obligations under these Terms to a third party as we think fit. Your obligations under these Terms are personal to you and may not be assigned without our prior written consent.
These Terms shall be governed by and construed in accordance with the laws of England and Wales and only the English courts will decide any disputes.
If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extend permitted by law.
16. Alterations to Terms of Business
We reserve the right to alter these Terms of Business at any time and will replace the Terms of Business on our web site when we do so.