THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT
www.waltonbathrooms.co.uk
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE.
Walton Bathrooms is a Limited company registered in England and Wales, whose registered office and Showrooms are:
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Showroom & Office
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Warehousing and Logistics Centre
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Walton Bathrooms Limited
The Hersham Centre
The Green, Hersham
Walton-on-Thames
Surrey, KT12 4HL
Telephone: 01932 224784
Email: orders@waltonbathrooms.co.uk
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Walton Bathrooms Logistics
Molesey Business Centre
Central Avenue
West Molesey
Surrey, KT8 2RF
Telephone: 0208 481 7970
Email: logistics@waltonbathrooms.co.uk
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Company registration number 01899073 , VAT registration number is GB 413 3763 70
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1. INTRODUCTION
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our secure online payment process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. Once payment has been made you will receive a provisional order confirmation, detailing the products you have ordered. You will then receive an official order confirmation usually within 24 hours of making your order. It is important that you check your order and notify us immediately of any errors and omissions.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order, or you have cancelled your order.
2.3 We may refuse to accept an order:
(a)Where goods are not available or have been withdrawn or discontinued.
(b)Where we cannot obtain authorisation for your payment;
(c)If there has been a pricing or product description error;
(d)If you do not meet any eligibility criteria set out in our terms and conditions.
3. PRICING
3.1 All prices are quoted in pounds sterling (£) and include Value Added Tax (VAT) at UK rates. It may be necessary to adjust the prices in the event of a change in VAT rates.
3.2 Our prices are reviewed constantly and may change daily.
3.3 Prices offered on the website may not necessarily reflect prices on the same products in our stores. We reserve the right to offer special website prices to our online customers that will not be offered if the product is purchased in one of our stores.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you must notify us by email to sales@waltonbathrooms.co.uk before we have dispatched the goods to you; or
(b) Where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.1a and 4.2 below. You must notify us within 14 days of receipt of the goods.
(c) Goods that are supplied as special orders cannot be cancelled, or returned, unless proven to be faulty.
4.2 You can return goods you have ordered from us for any reason at any time within 14 days of notifying us, for a full refund or exchange except under terms 4.1c. Some items that are not stocked by us may be a subject to a re-stocking or handling charge. The maximum re-stocking charge would be 25% of the total net price of the product in question plus VAT. Upon agreement of us accepting returned items you will be sent by email, a returns note detailing the item/s to be returned. Failure to send the returns note back with the goods can cause a delay in raising a credit note or issue a refund. The costs of returning goods to us shall be borne by you and may be more than the cost of the original delivery as this is often subsidised. All returned items must be in the original undamaged packaging. If goods are returned in an un-saleable condition, we may refuse to credit or exchange the items/s. Upon receipt of the item/s in good conditions we will give you a full refund of the amount paid, or an exchange credit as required.
4.3 If the goods are faulty or damaged a full refund including original delivery costs will be arranged. In some instances, replacement parts will be ordered and sent to you as soon as possible. We reserve the right not to collect damaged goods.
5. DELIVERY
5.1 Where delivery or despatch times are stated anywhere on the Website, the times are approximated and while we endeavour to deliver to you within the time stated, delivery could be delayed due to events beyond our control. The time of delivery is not the essence of the contract. For the avoidance of any doubt we shall not be liable for any loss arising from delay in delivery or non-delivery.
5.2 In the majority of cases Goods will be delivered to you by a third-party carrier and the cost of delivery will be included in the total price of the order and notified to you on the checkout page of the Website, prior to completing your order.
5.3 Delivery times are as agreed between us and you and not as provided for in The Consumer Protection (Distance Selling) Regulations Act 2000 where applicable.
5.4 We may deliver the Goods in instalments, and each delivery shall constitute a separate contract and failure by us to deliver one or more of the instalments in accordance with these Conditions shall not entitle you to treat the contract as a whole repudiated.
5.5 Notification of short delivery or damage in transit must be made by email to us within 24 hours of the receipt of the Goods.
5.6 All information regarding the return of goods MUST be received by us by email within 14 days. We DO NOT arrange or accept liability for the transit of returned goods. Any goods received without prior written notification will be refused, see 4.2.
5.7 Deliveries are made to the nearest hard road point and for the avoidance of doubt we are only insured and required to deliver the Goods to Your delivery address and not to bring them into a property or install them.
5.8 We will only deliver goods to the address on the order.
5.9 If for any reason you do not accept delivery of any Product in accordance with this paragraph then we may charge you an additional fee to cover any reasonable direct cost incurred by us as a result.
5.10 We will deliver to your delivery address where possible provided that the property is situated on a hard road point.
5.11 Where your order consists of heavy and/or bulky Goods assistance must be available to our drivers to offload the Goods. In the event that no assistance is available then we will not be in a position to offload the Goods and we will charge a fee of 10% of the price of the Goods for re-delivery.
5.12 Where the Goods can be offloaded by the drivers with no assistance and you have requested that the Goods are left at your property then the Goods will be left at the property at your own risk.
5.13 For the avoidance of doubt, you will be responsible for the Goods as soon as they have been delivered to your delivery address. From the time of delivery of the Goods any loss or damage to the Goods shall be at your own risk.
5.14 Do not arrange for installation of the Goods until they have been delivered and checked for correctness, damage and shortages by you.
5.15 Upon delivery of a Product you should carefully inspect the Goods. If any of the Goods are damaged or lost, please contact us to inform us of the problem and do not use the Goods.
5.16 Any goods signed for are deemed as being accepted in good condition, we cannot accept any responsibility for damaged goods once the items have been accepted and signed for.
6. DAMAGE IN TRANSIT
6.1 If goods arrive in a damaged condition you must make a note on the carrier's delivery consignment note and it will be your responsibility to inform us within 24 hours. Any damaged goods should not be accepted on delivery otherwise you the customer must return the product at your own cost; the damaged product should still be noted on the consignment note.
7. SHIPPING & HANDLING CHARGES
7.1 All prices on our website are exclusive of delivery charges unless otherwise stated, which will be added to the price of the products at our checkout.
7.2 As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and goods will not be left without a signature. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery.
8. PRIVACY POLICY
At Walton Bathrooms we take your privacy seriously and will only use your personal information to administer your account and to provide the Walton Bathrooms products and services that you have directly requested from us.
We will never pass on your details to third parties for marketing, marketing research or any other purposes unrelated to our sole task of ensuring the completion of the Walton Bathrooms service that you have contracted. For full details of our Privacy Policy please follow this link. Privacy Policy
9. LICENCE
9.1 You are permitted to print and download extracts from this Website for your own use on the following basis: (a) no documents or related graphics on this Website are modified in any way; (b) no graphics on this Website are used separately from accompanying text; and (c) any of our copyright and trade mark notices and this permission notice appear in all copies.
9.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
9.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
9.4 Any rights not expressly granted in these terms are reserved.
10. SERVICE ACCESS
10.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
10.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
11. VISITOR MATERIAL AND CONDUCT
11.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
11.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
11.3 You may not misuse the Website (including, without limitation, by hacking).
11.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 11.2 or 11.3.
12. LINKS TO AND FROM OTHER WEBSITES
12.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
12.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Walton Bathrooms Ltd logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Walton Bathrooms trademarks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations
We expressly reserve the right to revoke the right granted in this clause 12.2 for breach of these terms and to take any action we deem appropriate.
12.3 You shall fully indemnify us for any loss or damage us or any of our group companies may suffer or incur as a result of your breach of clause 12.2.
13. REGISTRATION
13.1 To register with www.waltonbathrooms.co.uk you must be over eighteen years of age.
13.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
13.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
13.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
14. DISCLAIMER
14.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
14.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
15. LIABILITY
15.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
15.2 Nothing in these terms and conditions shall exclude or limit our liability for
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud;
(iii) misrepresentation as to a fundamental matter; or
(iv) Any liability which cannot be excluded or limited under applicable law.
15.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
15.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
16. GOVERNING LAW AND JURISDICTION
16.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
16.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
17. WARRANTY
17.1 Subject to the Conditions, we warrant that the Goods shall at the date of delivery to You be free from defects in workmanship and materials.
17.2 All Goods come with manufacturer's guarantee where and to the extent transferable to you.
18. MISCELLANEOUS
18.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
18.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
18.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.