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Online Sales Terms and Conditions
Definitions
In this agreement the terms have the following meanings:
"Us" means Bathtime Adapt
"We" means Bathtime Adapt
"Customer" means the user or buyer purchasing a product
from Bathtime Adapt.
"Supplier" means any supplier who Bathtime Adapt markets
the products of.
"Agreement" means the contract between Bathtime Adapt
and the Customer to which these conditions will apply.
"Product" is the item that Bathtime Adapt will market on
behalf of the Suppliers.
This Agreement shall apply to all Products purchased by
a Customer via the Bathtime Adapt web site. By agreeing
to these Terms your statutory rights are not affected.
Prices And Terms Of Payment
Bathtime Adapt reserves the right to change or withdraw
prices for the products or services it offers for sale
without prior notice. If Bathtime Adapt price for any
product or service is increased, the price in effect
prior to the increase will apply to orders received
prior to the effective date of the increase and shipped
within a period of 30 days after the effective date of
increase.
Prices are in Sterling Pounds £ GBP unless otherwise
specified.
Unless otherwise specified by Bathtime Adapt in writing,
all taxes and other charges imposed by federal, state,
local, or foreign governments on the manufacture, sale,
shipment, import, export, or use of the products or
services shall be added to the price and billed to and
paid by Buyer. Buyer shall defend, indemnify and hold
harmless Bathtime Adapt from and against all liabilities
for such taxes or charges and attorneys' fees or costs
incurred by Bathtime Adapt in connection therewith.
In the event that there is a pricing error on the
website then Bathtime Adapt will not be bound to honour
any orders made at that price.
You will be notified
immediately that this is the case and Bathtime Adapt
will not be held liable.
Special order items are non-returnable and are often
subject to lead time. You will be notified of a delay in
order when we come to order your items. We will request
your acceptance of any special order and your acceptance
of the lead time. Once a special order has been ordered
we can not accept cancellation.
All delivery charges are clearly displayed on the basket
stage of your order. These carriage charges are based on
standard UK Mainland deliveries using our economy
delivery schedule. For countries/regions that do not
appear as a shippable area please
call or email for a
quotation.
Delivery
Bathtime Adapt shall reserve the right to make
deliveries or perform services in instalments (this will
be notified in writing prior to delivery).
Partial
shipments or performance will be billed as made and
payments therefore are subject to the terms of payment
referenced herein.
All delivery indications or completion dates are
estimated and are dependent in part upon prompt receipt
of all necessary information to service an order.
Bathtime Adapt reserves the right to allocate, in its
sole discretion, inventories, production, and services
when such allocation becomes necessary. In no event will
Bathtime Adapt be liable for any premium transportation,
re-procurement, or other costs or losses incurred by
Buyer as a result of Bathtime Adapt failure to deliver
products in accordance with indicated
delivery/performance schedules.
If goods are ordered at the weekend or on a bank
holiday, the order on the next working day and delivery
dates will vary accordingly. If a delivery would
normally fall due over the Christmas shutdown period,
the delivery period may be extended to a later date. We
endeavour to deliver all goods on time, however delays
are possible.
For large orders, please ensure that someone is
available to help the driver move the goods from the
delivery van to your premises. Our pallet couriers only
supply 1 driver to deliver your order and are not
insured or obliged to assist in carrying your goods
into/onto your property. The extent of their contract is
to wheel your pallet on to your driveway/path, not to
physically move them into your garage or property.
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.
For large orders a pallet will invariably be used to
transport your Goods, this pallet is your responsibility
when delivered to dispose of as deemed necessary. It is
not the delivery drivers responsibility to take this
away with them.
We endeavour to deliver most products within 7 days;
however some items may take longer due to fluctuating
stock levels from our suppliers/manufacturers. All
delivery dates given are only and always provisional,
whilst we strive to always deliver on a pre-organised,
amicable day, sometimes it is completely out of our
control that situations arise that we can not foresee.
Where we can we will try to notify of a potential
problem with deliveries or times, however sometimes it
is not always possible to do so. Bathtime Adapt are not
bound by any delivery day/dates that either we or our
sub-contracted couriers have organised. If the delivery
has not taken place through no fault of your own, then
Bathtime Adapt will often arrange another suitable date
at yours and our convenience. For the avoidance of any
doubt we shall not be liable for any loss arising from
delay in delivery or non-delivery.
Before signing for goods please ensure that all products
have been carefully inspected for any courier damage. In
the case of pallet deliveries please check all goods
carefully, and in the unlikely event of damage please
return the damaged goods to the driver and take receipt
of the good items. A full set of Delivery Guidelines
will be emailed to you upon receipt of any order that
require a pallet delivery.
Tradesmen should not be booked until goods are received
and checked thoroughly. Bathtime Adapt can not accept
liability or 3rd part costs incurred as a result of any
delays in despatch. Please allow a suitable timescale
before your plumber/installer starts work to the
delivery of your goods, so that in the unlikely event of
any damages, suitable time can be given to the
replacement of said goods.
All delivery charges are clearly displayed on the basket
stage of your order. These carriage charges are based on
standard UK Mainland deliveries using our economy
delivery schedule. In most instances delivery timescales
can be improved however these may be subject to a
carriage surcharge.
Goods can only be delivered to the customer's address
(they cannot be left with a neighbour) and must be
checked and signed for. If the delivery is to a communal
building like a block of flats, please note that the
driver may require help unloading. The Carrier may also
ask to see identification before leaving the goods, (to
protect us from Credit Card fraud).
Returns
If for any reason you wish to return your purchase, with
the exception of earrings, we will offer a refund or an
exchange as long as this is requested within 7 days of
receiving your order. Goods must be returned to the
Supplier in perfect condition and accompanied by this
order confirmation. Bathtime Adapt is not liable for
postage, shipping or taxes due on returned goods. Please
take into account postage and shipping times when
returning goods.
We recommend using Recorded or Special Delivery when
returning products since Bathtime Adapt and the Supplier
will not be responsible for Products lost or damaged in
transit. Postage will be refunded only if Products are
faulty or an error has been made on the part of the
Supplier or Bathtime Adapt
Upon receipt of returned goods Bathtime Adapt will
refund you for your order less any postage costs
incurred and a 25% restocking charge.
Bathtime Adapt cannot accept the return or cancellation
of any product which is deemed as a Special Order. These
items include anything made as Bespoke or any Furniture
Orders Made to your specific size or colour.
Damaged/Missing Goods
Please inspect goods thoroughly before signing, if it is
not possible sign the proof of delivery note as
"unchecked". You must inform us in writing, via email or
fax within 72 hours of delivery if any goods are damaged
or missing. We cannot accept liability for damaged goods
if you do not inform us within the 72 hours.
Inspection Of Products
Products shall be inspected by Buyer upon delivery and
services, upon performance. Notice of rejection or claim
for shortages, damaged product, or other nonconformity
must be submitted by Customer to Bathtime Adapt in
writing within 3 working days of shipment or
performance, and must specify the particular respects in
which the delivery, products, or services, as
applicable, are nonconforming. Buyer shall have no right
to exercise any remedial rights until notice of
nonconformity has been given to Bathtime Adapt and
Bathtime Adapt are afforded a reasonable opportunity to
cure such nonconformity, if appropriate.
Cancellation of an Order
If for any reason you wish to cancel your order please
e-mail info@bathtime-adapt.co.uk You must provide the
following information when cancelling an order: Your
Name, Your Order Number, Date of Order, Details of
Cancellation.
We will acknowledge your request by email and arrange to
refund you by your chosen method of payment excluding
cash. If you do not receive an email from us
acknowledging your cancellation then your order has not
been cancelled.
Orders that are cancelled after the order has been
dispatched will be subject to delivery and returns
collection charges incurred.
We can not accept any cancellations for any Special
Order items. You would have been notified if your order
was a special order as we would ask for your acceptance
of such. Please note that your right to return Goods
pursuant to the Distance Selling Regulations 2000 does
not apply in this contract where the Goods are
manufactured for you, customised to your specifications
or specially ordered and non stock items.
Upon receipt of returned goods Bathtime Adapt will
refund you for your order less any postage costs
incurred and a 25% restocking charge.
English Export Laws
Bathtime Adapt obligations are subject to the export
administration and control laws and regulations of
England. Buyer shall comply fully with such laws and
regulations in the export, resale, or disposition of
products.
Quotations or proposals made, and any orders accepted by
Bathtime Adapt from a Buyer outside the UK are with the
understanding that the ultimate destination of the
products is the country indicated therein. Diversion of
the products to any other destination contrary to
English law is prohibited. Accordingly, if the foregoing
understanding is incorrect, or if Buyer intends to
divert the products to any other destination, Buyer
shall immediately inform Bathtime Adapt of the correct
ultimate destination.
Confirming Availability & Price
Availability information for the titles in our catalogue
are listed on each item's detail page. Beyond what we
say on that page, we cannot be more specific about
availability. As we process your order, we will inform
you by e-mail/phone if any items you order turn out to
be unavailable. You are most welcome to request
availability of items by contacting us by either phone
or email. We will then respond immediately with current
stock levels taken at the time of enquiry.
Warranty
All goods supplied by Bathtime Adapt are warranted free
from defects for 12 months from the date of delivery
(unless otherwise stated). This warranty does not affect
your statutory rights as a consumer.
This warranty does not apply to any defect in the goods
arising from fair wear and tear, wilful damage,
accident, negligence by you or any third party, use
otherwise than as recommended by the Supplier, failure
to follow the Suppliers instructions, misuse, or any
alteration or repair carried out without the Suppliers
approval.
If the goods supplied to you are damaged on delivery or
don't correspond with specification (other than in
respect of a bespoke specification), you should notify
Bathtime Adapt in writing either via our e-mail address
(info@bathtime-adapt.co.uk) or fax number shown within
the Contact Us section of the website within 3 days from
the date of delivery.
If the goods supplied to you develop a defect in
relation to their quality or condition while under
warranty you should notify Bathtime Adapt in
writing via the e-mail address or fax number shown
within the Contact Us section of the website, as soon as
possible, but in any event within a reasonable time
after discovery of the defect or failure.
Where any valid claim in respect of any of the goods
which is based on any defect in the quality or condition
of the goods or their failure to meet specification
(other than in respect of a bespoke specification) is
notified to Bathtime Adapt in accordance with
these conditions of supply, Bodywash Ltd shall be
entitled to replace the goods (or the part in question)
free of charge or, at our sole discretion, refund you
the price of the goods (or a proportionate part of the
price), but we shall have no further liability to you.
Extent Of Liability
We make every effort to ensure that all descriptions and
pictures on our web site are described and reflect the
products accurately. However, the descriptions and
pictures on our website do not form part of the contract
between us and you. They are purely designed to
represent a general idea of the goods. We would always
recommend that suitable research is under taken by you
to ensure you know what you are buying from us and that
they are intended for your use.
We will not be liable to you for any loss or damage
which you suffer as a result of any breach of contract
by us, including, but not limited to, consequential loss
to you and/or loss or damage to the property of third
parties. In any event our liability to you arising
directly from our negligence will not exceed the invoice
value of the Goods. Nothing in this clause will limit
our liability for death or personal injury resulting
from our negligence. This clause does not affect your
statutory rights.
Charges
Bathtime Adapt is Not VAT Registered at present.
Customs and tax charges may be applicable for shipping
to countries out with the European Union (EU). Bathtime
Adapt endeavour to put the correct Customs
Clarifications / Commodity Codes on parcels. However, we
cannot be held responsible for import duties and
charges.
EU Member States (as at May 2007) include: Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Hungary,
Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta,
Netherlands, Poland, Portugal, Romania, Slovakia,
Slovenia, Spain, Sweden, United Kingdom.
Intellectual Property & Copyright
All Products distributed by the Supplier will remain the
Supplier's intellectual property. Any Design produced by
a Supplier carries a copyright and cannot be reproduced
without written consent.
The Customer will not hold Bathtime Adapt responsible
for any infringement of copyright relating to copy
contained within a Product.
It is the Supplier's responsibility to ensure that any
Product Design is lawful, does not infringe any
Copyright or any other laws.
Alterations to Terms of Business
Bathtime Adapt reserves 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.
Distance Selling Regulations
The following information is extracted from the
www.dti.gov.uk web site. Bathtime Adapt complies with
all Distance Selling Regulations.
Distance selling means selling and buying by phone, mail
order, via the Internet or digital TV. Such transactions
are covered generally by normal buying and selling
legislation, but they are also covered by special
Distance Selling Regulations.
Distance Selling Regulations give protection to
consumers who shop by phone, mail order, via the
Internet or digital TV:
The protection includes:
The right to receive clear information about goods and
services before deciding to buy;
Confirmation of this information in writing;
A cooling off period of seven working days in which the
consumer can withdraw from the contract;
Protection from credit card fraud.
Guide for Businesses on Distance Selling Regulations
The DTI and Office of Fair Trading (OFT) issued revised
guidance for businesses on the Distance Selling
Regulations in September 2006. In a press notice
Minister Ian McCartney said: 'Consumers deserve
protection whether they are buying from their local shop
or online. But businesses need to have a clear idea of
where the law stands. That's why this... guidance will
support businesses in their efforts to operate distance
sales and give consumers the protection they deserve.'
E-commerce Regulations put the EC Directive on
E-commerce into UK law. Amongst other things the
Directive requires Member States to ensure that
contracts can be concluded electronically. DTI is
examining its consumer legislation to ensure that it
does not prevent contracts from being made online.
Safe Online Shopping
Surveys continue to show that uncertainty about traders'
legal responsibilities and problems in obtaining redress
when transactions go wrong are particular barriers to
consumer trust on the internet.
Information for consumers about online shopping is
available from many sources, including the Consumer
Direct web site and the Office of Fair Trading, as well
as consumer organisations, magazines and other media.
Surveys
In 2001 DTI commissioned MORI to research consumers'
concerns and awareness about online shopping, and the
best ways of delivering information and guidance on the
subject, (2001 report: Informing customers about
e-commerce). This was followed in 2002 by further
research which revealed that, compared to 2001, people
were less concerned about credit card fraud and data
protection, but that they remained concerned about
dishonest traders and redress (2002 report: Internet and
cross-border shopping).
Safe Internet Shopping Initiative
DTI's Safe Internet Shopping initiative aims to
encourage consumers to shop online by explaining how to
do so safely. DTI has worked with a range of public and
private sector partners to provide improved access to
information on the full range of consumer concerns (e.g.
safe payment, data protection, illegal content,
redress).
More Online Shopping Information and Tips
Further information, including links to additional
sources of advice, is available on the DTI's Consumer
Direct website.
Law
These conditions and all other express terms of contract
shall be governed and construed in accordance with the
laws of England and Wales.
Suggestions or Comments
If you have any suggestions or comments please email
info@bathtime-adapt.co.uk Or call us on 01303 261150
Alternatively you can phone or write to us:
Bathtime Adapt
Unit 3
Kent Wharf,
Dymchurch Road
Hythe, Kent
CT21 6LU
For In Store Terms & Conditions if requested
will be given to you once a purchase is made.
A copy of our In Store Terms & Conditions are available upon request if you
wish to review them prior to making a purchase
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Unit 3, Kent Wharf, Dymchurch Road , Hythe, Kent CT21 6LU