Terms and Conditions
For the sale of goods purchased online, please see below.
For the sale of goods purchased through our showrooms, please click here for the relevant T&C's.
Information About US
1.1www.bathroomsdydesign.com is a site operated by BathroomsByDesign Retail Limited (we). We are registered in England and Wales under company number 6357924, with our registered office and main trading address at Unit1, Amalgamated Drive, Brentford, Middlesex, TW8 9EZ.
Service Availability
2.1 Our site is intended for use by people from all over the world and we do accept orders from individuals resident outside the United Kingdom. However, delivery of our Products outside the United Kingdom is subject to the restrictions and limitations set out in Clause 9 below.
Our Liability
16.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Products of that kind are commonly supplied.
16.2 The provisions in clause 16.5 shall only apply if you are contracting as a business and not as a consumer.
16.3 Subject to clause 16.6:
16.3.1 We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
16.3.2 Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products you have purchased.
16.4 If you intend to install a Product you have purchased from us through a plumber or other installer and, prior to the installation, you are aware of a defect or your plumber or installer should reasonably be expected to discover and therefore become aware of any such defect upon inspection, then if the planned installation proceeds we will not be responsible for any costs of reinstallation, incurred by you or your plumber or other installer, which you may subsequently claim to have been necessary as a result of the defect.
16.5 In the event of us agreeing to reimburse you for the costs of reinstallation (for instance, if we determine that the Product in question was defective when installed but such defect may not have been clearly apparent to you or your plumber or other installer) then such reimbursement is limited to your plumber or other installer’s reasonable costs, which may be determined with reference to normal industry levels at the time in question.
16.6 Nothing in these terms and conditions shall limit or exclude our liability for:
16.6.1 Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
16.6.2 Fraud or fraudulent misrepresentation;
16.6.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
16.6.4 Defective Products under the Consumer Protection Act 1987; or
16.6.5 Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Written Communications
17.1 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.
Notices
18.1 All notices given by you to us must be given (by letter) to BathroomsByDesign, Unit 1, Amalgamated Drive, Brentford, Middlesex, TW8 9EZ or by email to[email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
19.1 The Contract between you and us is binding on you and us, and on our respective successors and assigns.
19.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
20.2.1 Strikes, lock-outs or other industrial action.
20.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
20.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
20.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
20.2.5 Impossibility of the use of public or private telecommunications networks.
20.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
20.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Disclaimer and Limitations
21.1 When you buy from us, it is vitally important you do not schedule any installation work until your Products have arrived and have been checked. In the rare case that there is an issue with your order, either in terms of the Product or delivery, we don't want you paying unnecessarily for a plumber or fitter. Any good plumber or fitter should happily make a quick visit to ensure all your Products are present and correct before starting any work.
21.2 BathroomsByDesign.com is a retailer and therefore we are not technical experts in the field of heating, plumbing or bathroom installation. All BathroomsByDesign.com staff are instructed not to give a form of technical advice. If you have a technical query it should be directed to a suitably qualified professional, i.e. a Corgi registered gas installer or a member of the institute of plumbing. You agree that any advice given by a member of BathroomsByDesign.com will not be relied upon without verification with a suitably qualified professional. BathroomsByDesign.com accepts no responsibility for any damage caused by your reliance on any such advice.
Waiver
22.1 If we fail or delay, at any time during the term of a Contract, to insist upon strict performance by you of any of your obligations this does not mean we have given up our rights and we may still require you to comply with your obligations under the Contract.
22.2 If we forgive (in writing) any particular default by you of your obligations under a Contract, that does not forgive any subsequent default by you.
Severability
23.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Agreement
24.1 Where you are contracting with us in the course of business, these terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
24.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
24.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of Contract.
24.4 Nothing in this clause limits or excludes any liability for fraud.
Our right to vary these terms and conditions
25.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
Publications of Comments
26.1 You agree that we can publish any comments that you send to us concerning the quality of our service or Products on our website. You agree (unless you advise us in writing) that we can use your name and town of residence, but we will not publish your email address, telephone number, website address or street address.
26.2 We aim to exceed our customer expectations as often as possible, however there may be rare occasions when a customer feels that they have not been treated fairly. If this is the case you agree that before posting any negative comments on any website, newsgroup, blog or other online resource you agree to write to the customer services manager explaining the problem and allow them 14 days to investigate and resolve the problem and/or respond in writing. If you are still unsatisfied then you agree to include the customer services reply in any online publication you make, to provide any readers with a balanced view.
26.3 Needless to say publication of negative material that is untrue will result in an action for libel against the publisher.
Disclosure and Cookies
27.1 BathroomsByDesign.com does not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
27.2 Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store details if you select the "remember me" option? They are also used after you have logged on as part of that process. You can turn off cookies within your browser. If you turn off cookies, you will be unable to place orders or benefit from other features that use cookies. Data collected by this site is used to: -
1.) Take & fulfil customer orders
2.) Administer & enhance the site & services
3.) Only disclose information to third parties for goods delivery purposes.
Law and Jurisdiction
28.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Sales & Discount Promotions
29.1 BathroomsbyDesign run specific promotions in our showrooms and online. We reserve the right to change the offer or stop the promotion at any time. Discounts apply to selected brands and products only. All discounts will be offered to any qualifying order of at least one complete bathroom purchase and may be withdrawn at any time. All items listed under each of these promotions are accurate at the time of listing.
29.2 In the event of a return or cancellation, refunds will be given for the value of the original purchase for any items that are deemed to be resaleable.
*** Please speak with our Customer Service team or a Design Consultant for further details. ***
Still have any questions? You can contact us by sending us a message, or by calling at 020 8619 0131
Have a question?
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How can we help?
Phone
Phone lines for bookings and general enquiries are open daily from 09:00 until 17:00 (Mon-Sat) and 11:00 until 16:00 Sun.
Email us for general enquiries, to book a design session or to request product information.
Opening Times
9am to 5pm Monday to Saturday
11am to 4pm Sunday
We are happy to arrange appointments outside of these times by prior arrangement.