Terms & Conditions

1.   DEFINITIONS

1.1 The “Company” means Wet Rooms Direct Limited.

1.2 The “Customer” means any person, firm or company purchasing the Goods.

1.3 The “Contract” means the contract between the Company and the Customer for the sale and purchase of the Goods, comprising the quotation (if any) made by the Company, the Customer’s order for the Goods, the Company’s acceptance thereof and these terms and conditions.

1.4 “Data Subjects” means (1) the Customer, (2) where the Customer is a company, the directors of that company,

(3) where the Customer is a partnership, the partners of that partnership, (4) where the Customer is a limited liability partnership, the members of that limited liability partnership and (5) where the Customer is a business conducted by an individual, that individual.

1.5 The “Goods” means any goods or services agreed in the Contract to be supplied to the Customer by the Company (including any part of parts of them).

1.6 “Group Company” means the Company and any holding company of the Company from time to time and any subsidiary from time to time of any such holding company.

2.   PREVAILING TERMS & CONDITIONS

2.1 The Company is only willing to contract on these terms and conditions and any printed or standard conditions which appear or are referred to on any document emanating from the Customer or any variations from the Company’s standard terms and conditions are to have no legal effect unless agreed in writing by a director of the Company.

2.2 The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.

2.3 All our goods are to be installed by competent tradespeople. 

We cannot accept returns after 21 days. Returns have to be requested within 21 days of the delivery.

You do not have the right to cancel any goods made to your specifications and considered bespoke.

3.  FORMATION OF CONTRACT

3.1 Any quotation is given on the basis that no Contract will come into existence until the Customer’s order is accepted by the Company delivering a written or electronic acknowledgement of order to the Customer. If the Customer’s order is not preceded by a quotation from the Company, the Customer’s order shall not become binding on the Company until it is accepted by the Company delivering a written or electronic acknowledgement of order to the Customer.

4.  QUOTATIONS, PRICING AND ORDERS

4.1 All prices quoted are exclusive of VAT, which will be added to the price at the  prevailing rate. The quoted price may be varied by the Company in accordance with cost variations but will not result in any right by the Customer to cancel the contract. 

4.2 Any costs incurred by ourselves as a result of cancellation of bespoke items will be chargeable.

5.  DELIVERY

5.1 Delivery is free of charge using our standard delivery service. Free Delivery offer applies to UK mainland orders only. Please contact us for a quote for deliveries to anywhere other than UK mainland.

5.2 Please do not schedule or start any installation work until after you have received your order and checked all goods for any defects or missing parts. This will enable you to resolve any technical questions or to order specific additional fittings if needed.

5.3 Any quotation by the Company of a time for delivery is not guaranteed and time for delivery shall not be made of the essence by notice.

5.4 No liability is accepted for direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence). Nor shall any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds [180] days.

5.5 The quantity of any consignment of Goods as recorded by the Company on despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.

5.6 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Customer gives written notice to the Company of the non-delivery within 3 days of the date when the Goods would in the ordinary course of events have been received.

5.7 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

5.8 No claim for damage to the Goods or shortages in the Goods will be considered unless the Company is advised within 3 days of delivery and the Customer also notifies the carrier in the manner and within the appropriate time limit prescribed by the carrier’s terms and conditions.

5.9a If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licences or authorisations:

(a)   risk in the Goods shall pass to the Customer (including for loss or damage caused by the Company’s negligence);

(b)   the Goods shall be deemed to have been delivered; and

(c)   the Company may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

5.9b You will be notified of the delivery in advance and are responsible for ensuring someone is available to receive the goods. If no one is present at the delivery address, the driver may leave the item in a safe place. Once the delivery is deemed secure, the responsibility for the parcel is yours. Risk in the Goods shall pass to the Customer (including for loss or damage caused);

6.  PROPERTY AND RISK

7.1 The property (both legal and equitable) in the Goods shall not pass to the Customer until:

(a)   the purchase price of the Goods has been paid in full, and

(b)   payment is made to the Company of any sum which is at the date of the Contract or may thereafter become due or owing from the Customer to the Company.

7.2 Until property in the Goods has passed to the Customer the Customer will hold the Goods (or their proceeds of resale) in a fiduciary capacity.

7.3 Notwithstanding that the ownership remains with the Company until Goods are paid for in full, the Customer shall accept

the risk in the Goods on delivery and shall appropriately insure them.

7.4 Until property in the Goods has passed to the Customer, the Customer shall keep   the Goods separately identifiable and shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods.

7.5 The Customer grants an irrevocable licence to the Company to enter on to the Customer’s premises with agents and vehicles if appropriate to recover the Goods.

7.6 The Customer’s right to possession of the Goods shall terminate immediately if:

(a) the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment (a) the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting  of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or

(b)   the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any  of his/its obligations under the Contract or any other contract between the Company  and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or

(c)   the Customer encumbers or in any way charges any of the Goods.

7.7 the Company shall be entitled to recover

payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.

8.  GUARANTEE AND EXCLUSIONS

8.1 All catalogue products are guaranteed for life apart from where it indicates otherwise. The Company will free of charge repair or at its option replace any Goods which are proved to its reasonable satisfaction to have failed to meet its designed specification due to defective material or workmanship, provided that this obligation shall not apply where:

(a)   the Goods have been improperly installed, installed with a defect without the written authority of the Company, altered in any way or are subject to any unauthorised repair  or misuse, or