Last Amended -
30/07/08
Welcome to the Primrose Bathrooms website, please see
below for our Contact Details (“we”,
“us”
or “our”
or “Primrose”).
Set out below are the terms and conditions, which together
with our
Privacy Policy and
any legal notices displayed elsewhere on this website, represent all
the terms and conditions subject to which we will provide you with:
(i) access to our website (located at www.primrosebathrooms.co.uk & www.primrosebathrooms2.co.uk
(the
“Website”)); (ii) the products and services offered by us from
time to time via our Website; and (iii) any orders for our products
which you may place from time to time (together referred to in this
document as these “Terms”).
Your use of the Website, and/or your placing of an order through it,
indicates your acceptance of and agreement to be bound by these
Terms. If you do not agree to be bound by these Terms, please cease
using this Website and do not place any orders with us.
IMPORTANT:
By using this Website you confirm that you are at least 18 years old
or if you are not at least 18 years old, that you have the
authority/consent of your parent or guardian to do so.
Please
make sure that you:
Read
through these Terms carefully before using this Website as your use
of the Website will signify your agreement to be bound by them.
Print
a copy of these Terms for future reference.
Don’t
forget to read our
Privacy Policy
regarding our use of your personal information.
If there is anything in these Terms
that you do not understand, please contact us by email
enquiries [at] primrosebathrooms.co.uk
or on 0845 1300 565 during the hours of 9am — 5.30pm. Calls will be
charged at local rate.
1.
GENERAL
1.1
Primrose reserves the right to modify or withdraw (temporarily or
otherwise) this Website or modify these Terms from time to time
without giving you prior notice. Any such changes will take effect
from when they are posted on the Website (see the last amendment date
set out above) and it is your responsibility to read these Terms on
each occasion that you use this Website (and in particular before
placing an order). Your continued use of the Website shall signify
your acceptance to be bound by the latest version of these Terms.
1.2
If you are not a consumer, you confirm that you have authority to
bind any business on whose behalf you use this Website (and place any
orders).
1.3
Nothing in these Terms will affect your statutory rights as a
consumer.
2.
CONTENT
2.1
We take reasonable steps in the preparation and maintenance of
this Website to ensure that all prices quoted are correct at the time
when they are published, and that the descriptions of our products
and any claims we make are fair and accurate. We do, however, reserve
the right to decline any order where there has clearly been a
material error, or where there is an inaccuracy or omission in the
price and/or description of any of our products and/or services as
displayed or advertised on the Website (and we hereby exclude all
liability arising from the same).
2.2
We have made every reasonable effort to reproduce colours on the
Website as accurately as possible. However, different computers
reproduce colours slightly differently and we therefore cannot and do
not guarantee that the on-screen colours of any of our products will
exactly match the colour of the product itself. You are advised,
therefore, to treat on-screen colours as being indicative only of the
actual colour of our products.
2.3
We cannot and do not guarantee that the information on this
Website will always be completely up to date and free of mistakes.
However, Primrose will use its reasonable endeavours to ensure that
the information contained on the Website is as accurate as possible.
2.4
All sizes and measurements are approximate but we do try to make
sure that they are as accurate as possible.
3. ORDER
PROCESS
3.1
All orders that you place via this Website will be subject to
acceptance in accordance with these Terms.
3.2
You are able to amend or correct any errors in your order at any
point until you click on the SUBMIT button on the final page
of the ordering process. Once you have completed the ordering
process by clicking on the SUBMIT button, you will be unable to amend
your order or rectify any errors that you may have made during the
ordering process.
3.3
The concluding stage of the ordering process sets out the final
details of your order. Following this, we will send to you an Order
Confirmation Email detailing the product(s) you have ordered. Please
note that our acceptance of your order will take place upon receipt
of your order at which time your credit/debit card will be debited
with the total amount payable for those product(s) (including VAT and
delivery). We will send you a further email once your order has
been despatched.
4.
DELIVERY
4.1
All prices quoted on the Website are inclusive of delivery charges
to all UK addresses with the exception of deliveries to any addresses
with postcodes listed on the Delivery Information Page.
4.2
Delivery charges for all orders to UK addresses with postcodes
listed on the Delivery Information Page and delivery charges for all
overseas orders are not
included in the prices quoted on the Website. Delivery charges for
these orders vary and are confirmed to you prior to your clicking
SUBMIT
on the final page of the ordering process.
4.3
Products are subject to availability and Primrose shall use its
reasonable endeavours to supply the products ordered by you in a
timely manner. In the event that Primrose is unable to supply any
requested product, Primrose shall inform you of this as soon as
reasonably practicable and may offer an alternative product of equal
type, quality and value to the product you ordered. Alternatively,
you can request Primrose refund the cost of such product.
4.4
Estimated timescales are specified when you place an order. We
make every effort to deliver products within the estimated
timescales, however delays are occasionally inevitable due to
unforeseen factors. If it becomes apparent to Primrose that delivery
will not take place within the agreed timescale then we will inform
you as soon as possible and arrange a new delivery date or where that
is not suitable reimburse you.
4.5
Primrose shall not be liable for any direct, indirect or
consequential loss (all three of which terms include, without
limitation, loss of profits, loss of business, depletion of goodwill
and other like losses, costs, damages, charges or expenses) caused
directly or indirectly by any delay in the delivery of any products
ordered by you, even if caused by Primrose\\\'s negligence.
4.6
Risk of loss and damage of the products passes to you at the time
when the products are delivered to your nominated delivery address.
5.
PAYMENT
5.1
All prices quoted on the Website are inclusive of VAT unless
expressly stated to the contrary.
5.2
Payment can be made by any method stated in the payment section of
the Website. Payment is taken from your credit/debit card upon
Primrose confirming your order. All holders of credit/debit cards are
subject to authorisation by the card issuer and Protx Ltd. The total
cost of your order is the price of the products as set out on the
final page of the ordering process.
5.3
Title to any products you order on this website shall pass to you
upon delivery to your nominated address provided that we have
previously received full payment in cleared funds for those products.
6.
RETURNS
6.1
You have the right to cancel your order for any reason at any time
prior to receiving the product(s) ordered and within a further seven
(14) working days of the date you received your product(s). However,
in order to receive your refund we must receive the product(s) in the
same condition as you received them (including all original
packaging), in accordance with Clauses 6.3 and 6.4 below.
6.2
You must examine the product(s) as soon as you receive them as
(other than under Clause 6.1) we will only refund
you for product(s) that were faulty at the time you received them and
which you notify us of within fourteen (14) days of the date you
received the product(s). This does not effect your statutory
rights to have any product(s) which were faulty at the time you
received them but which you notify to us after that date, repaired or
replaced or to a partial refund for such product(s).
6.3
In any event, product(s) may only be returned to Primrose with our
prior authorisation. Before returning any product(s) to us
(whether faulty or otherwise) you must call us on the number printed
above, and we will issue you with a Returned Goods Authorisation
Number which should be used as a reference, and displayed clearly
on the outer shipping carton of the returned product(s).
6.4
You are responsible for the safe packaging of any returned
product(s). All products must be returned with all the original
packaging (unless this is not reasonably practicable). Such
product(s) must be returned within fourteen (14) days of your
receiving the Returned Goods Authorisation Number to the address from
which they were initially despatched, or such other UK address as we
may notify to you. Any returned product(s) shall remain at your risk
until Primrose has received and inspected them.
6.5
Primrose shall inspect such product(s) and, within twenty-eight
(28) days of receiving them, will offer you a refund, partial refund,
repair or replacement (in accordance with Clauses 6.1 or 6.2) or
notify you that it does not consider that you are entitled to any of
the above.
6.6
If the product(s) were faulty at the time you received them and
you are offered a refund, partial refund, repair or replacement, then
we shall also refund your (reasonable) costs of returning the
product(s) to us. Where we do not consider that you are entitled to a
refund, partial refund, repair or replacement, then where you so
request, we will return the product(s) to you (using our chosen
courier) at your cost which must be received by us before we return
the products to you.
6.7
Primrose reserves the right to re-consign any unauthorised returns
to you and charge you an additional handling and postage charge
equivalent to the original cost of delivery, and/or any reasonable
additional administration costs incurred by us in handling such
unauthorised return.
7.
EX-DISPLAY ITEMS
7.1
All products are new and in their original packaging unless we
state otherwise. From time to time Primrose may offer products that
are ex-display, customer returns and/or damaged, at a discounted
price. Such items will always be clearly described as such
7.2
All products marked on the Website as “ex-display” “customer
return” or “damaged” are sold as seen and you will be buying
those products subject to any defects referred to in the description
of the product and/or reasonably evident from any image of the
products on the Website.
7.3
You will not be entitled to return (and for the avoidance of doubt
you will not be entitled to any refund, partial refund, repair or
replacement) in respect of such product due (directly or indirectly)
to any defects referred to in the description of the product and/or
reasonably evident from any image of the products on the Website,
otherwise your right to return those products remains (and to receive
refunds partial refunds, repairs or replacements) remains.
8.
LIABILITY
8.1
Nothing in these Terms shall (or shall be read as attempting to)
operate to exclude or limit the liability of Primrose for death or
personal injury caused by the negligence or fraudulent
misrepresentation of Primrose or any of its employees or agents or
any of your statutory rights as a consumer.
8.2
Subject to Clause 8.1 above, Primrose will use reasonable
endeavours to verify the accuracy of any information on the Website
but makes no representation or warranty of any kind (whether express
or implied, statutory or otherwise): (i) regarding the contents or
availability of the Website or that it will be timely or error-free;
(ii) that defects will be corrected; or (iii) that the Website or the
server from which it is made available are free of viruses or bugs,
or represents the full functionality, accuracy or reliability of the
Website.
8.3
Primrose will not be responsible or liable to you for any loss of
content or material uploaded or transmitted through the Website.
Primrose accepts no liability of any kind for any loss or damage from
action taken or taken in reliance on material or information
contained on it.
8.4
Subject to Clause 8.1 above, Primrose will not be liable whether
in contract, tort (including, without limitation, negligence),
pre-contract or other representations (other than fraudulent or
negligent misrepresentations) or otherwise arising out of or in
connection with these Terms for any:
economic
losses (including without limitation loss of revenues, data,
profits, contracts, business or anticipated savings); or
8.5
Subject to Clause 8.1 above, Primrose\\\'s aggregate liability
(whether in contract, tort or otherwise) for loss or damage shall in
any event be limited to the total price paid by you for the
product(s) in relation to which the liability arose.
9.
INDEMNITY
You
agree to fully indemnify, defend and hold Primrose, its directors,
employees or agents harmless from and against all costs, claims,
demands, liabilities, expenses, damages or losses arising out of any
claim by a third party against Primrose as a direct result of or in
connection with any breach of these Terms by you or any other
liabilities arising out of your use of this Website, or the use of
this Website by any third party using your customer registration
details.
10.
INTELLECTUAL PROPERTY
10.1
You acknowledge and agree that all copyright, trade marks and all
other intellectual property rights in all materials and/or content
made available as part of your use of this Website and in our
products, shall remain at all times vested in us or our licensors (as
appropriate). You are permitted to use those materials only as
expressly authorised by us or our licensors (as appropriate). The
content of this Website (including without limitation any text,
video, audio, audio-visual materials and graphics) may not be copied,
reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means without our prior written
consent, except as stated below.
10.2
You acknowledge and agree that the material and content contained
within this Website is made available for you to peruse and purchase
products and otherwise for your own personal and non-commercial use
and that you may only download such material and content for such
purposes. You further acknowledge that any other use of the material
and content of this Website is strictly prohibited and you agree not
to (and agree not to assist or facilitate any third party to) copy,
reproduce, transmit, publish, display or distribute such material
and/or content for any other purpose, or to commercially exploit or
create derivative works of such material and content.
11.
PERSONAL INFORMATION
Primrose
agrees to use any personal information that you provide to us via the
Website in accordance with our Privacy Policy, which can be viewed
here.
12.
MISCELLANEOUS PROVISIONS
12.1
To provide increased value to our customers, we may provide links
to other websites or resources for you to access at your sole
discretion and convenience. You acknowledge and agree that, we are
not responsible for the availability of such external sites or
resources, and do not review or endorse and are not responsible or
liable, directly or indirectly, for:
the content
of such websites, including (without limitation) any advertising,
content, products, goods or other materials or services on or
available from such websites or resources and any further links from
those sites to other sites on the worldwide web; or
the use to
which others make of these websites or resources, nor for any
damage, loss or offence caused or alleged to be caused by, or in
connection with, the use of or reliance on any such advertising,
content, products, goods or other materials or services available on
such external websites or resources.
12.2
The use of third party websites provided for by links from this
Website will be subject to the terms and conditions of those third
party websites and customers are advised to read the terms and
conditions for each linked website before they continue to use those
sites.
12.3
Any failure or delay by either Primrose or yourself to bring legal
proceedings in relation to this Website, these Terms and/or any of
our products or services, shall not be regarded as a waiver of any
rights. Any waiver in respect of one act or omission shall not
operate as a waiver in respect of any future acts or omissions.
12.4
These Terms are not intended, nor shall they operate, to create a
partnership or joint venture of any kind between Primrose and you,
and nor are you authorised to act as our agent.
12.5
You may serve any formal notice on Primrose, and Primrose may
serve a formal notice on you, by either first class post or email
only, and it will be regarded as formally received by the other on
the next day that is not a weekend or a bank holiday after receipt.
Primrose\\\'s contact details are included
at
www.primrosebathrooms2.co.uk/contact.php
12.6
In relation to the contract between Primrose and you, no other
party shall be entitled to exercise any rights contained in it and
the provisions of the Contracts (Rights of Third Parties) Act 1999
are hereby excluded.
12.7
If any provision of these Terms shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed
severable and shall not affect the validity and enforceability of the
remaining provisions.
12.8
These Terms shall be governed by and construed in accordance with
English law and any dispute or matter arising out of or in connection
with these Terms shall be referred to the exclusive jurisdiction of
the Courts of England and Wales.
13.
CONTACT DETAILS
Primrose
Bathrooms is a trading name of Fische Limited.
Our
registered office is at 66 – 74 London Road, Redhill, Surrey RH1
1LJ and we are registered in England and Wales with company number
04983768. Our VAT number is 860183042.
You
can email us
or call us on 0845 1300 565 during the hours of 9am — 6.30pm. Calls
will be charged at local rate.
