Conditions of sale

Sale of goods
Please check all goods carefully on receipt
FAULTY/DAMAGED GOODS - SHOULD BE REPORTED WITHIN 7 DAYS. SHORTAGES SHOULD BE NOTIFIED WITHIN 3 DAYS
When you notify us there is a problem with any goods we have supplied, we will ask you to return them to us for investigation. Once the faulty/damaged item has been agreed we will organise a replacement as soon as possible from the original supplier.

Steel baths/shower trays must be checked and signed for on delivery, no steel bath/tray can be returned as damaged or faulty once it has be received and signed for “in good condition”

If a replacement has already been issued and the Fault/Damage is not confirmed you will be invoiced for the replacement and or the Faulty/Damaged item(s) will be returned to you.

Once the item is agreed as Damaged/Faulty, and no replacement is to be issued, a refund of the item(s) will be arranged.

Under no condition can an order be cancelled/returned when marked "Special Order":- Special Orders consist of the following:
All made to order Furniture
Any item(s) that are Bespoke (made to the customer’s specifications)
Specifically drilled baths
If you change your mind about the products or order goods in error you can return it to us providing you report them within 7 days. Please note that ALL returns which arise from you cancelling the order after delivery will be subject to a 20% restocking and administration charge. (except in the case of “special orders”)

It is your responsibility to ensure that returned item(s) reach us in good condition.

Cancelling orders
To cancel an order completely or in part, (except in the case of “special orders”), WBS must receive notice in writing and 2 weeks (14 days), before the delivery due date. WBS is under no obligation to accept cancellations after this period. Every effort will be made to cancel or return the goods without charge but, failure to notify us in time may result in a 20% restocking/admin charge if the goods have already been received by us or are in transit to us.

PLEASE NOTE
DO NOT WRITE ON THE PRODUCT PACKAGING
ANY GOODS RECEIVED BACK WITHOUT PRIOR NOTIFICATION WILL BE REFUSED, RETURNED TO YOU AND WILL NOT BE SUBJECT TO A REFUND.

IMPORTANT GUIDELINES (please read carefully)
All goods should be checked upon receipt, you have 3 days to notify us of shortages. and notification of any problems should be received within 7 days.

Steel Baths/shower trays MUST be inspected and signed for upon delivery, no return can be accepted after the item has been signed for “in good condition”

“Special order” items cannot be cancelled or returned once delivered unless faulty.

Any goods received by you that are not wanted or wish to be cancelled (excluding “special order”), without being faulty or damaged, will be subject to a restocking and administration charge of 20%

Delivery dates given are APPROXIMATE and subject to alteration upon product availability. You will be informed immediately of any change.
WBS cannot be held liable for any losses due to the unexpected late arrival of any goods ordered due to circumstances outside of our control. In the light of this Tradesman should NOT be booked until goods are received and checked.

Delivery will be made to the nearest hard road point. Our delivery staff will be as helpful as possible but they will need assistance with heavy loads and we regret that they are NOT insured to carry goods up stairs. (All our delivery vechicles are single man operated)

Please refer to our full terms and conditions for further information.


Supply of Service (back to top)

“Supplier/s” means WBS
"Client" means the person named in the schedule for whom the supplier has agreed to provide the service in accordance with this agreement.
"Document" includes any document/item in writing, any map, plan, graph, drawing or photograph, any film or tape supplied via disc, email or any other media.
"Input Material" any documents or other materials and any data or other information provided by the client relating to the specified service;
"Output Material” any documents or other materials and any data or other information provided by the suplier relating to the specified service;
"Specified Service" the service to be provided by the supplier for the client and referred to in the specification sheet;
"Specification Sheet” the sheet which outlines the service and goods to be supplied;
"Tradesmen" refers to the builder, plumber, tiler or electrician suggested by WBS to carry out any works in accordance with the schedule;
"Supplier’s Charges" are the charges shown in the schedule or quotation or any other literature relating to the specified service.
The headings in this agreement are for convenience only and shall not affect their interpretation.

1 Supply of the specified service
1.1. The supplier shall provide the specified service to the client subject to this agreement. Any changes or additions to the specified service or this agreement must be agreed in writing by the supplier and client.
1.2 The client shall at their own expense, supply the supplier with all necessary documents or materials, and all necessary data or other information relating to the specified service, within sufficient time to enable the supplier to provide the specified service in accordance with this agreement. The client shall ensure the accuracy of all input material.
1.3 The client shall at their own expense, retain duplicate copies of all input material and insure against its accidental loss or damage. The supplier shall have no liability for any such loss or damage, howsoever caused. All output material shal be at the sole risk of the client from the time of delivery to or to the order of the client.
1.4 The specified service shall be provided in accordance with the specification sheet and otherwise in accordance with the supplier’s current literature, other published literature including WBS’s website subject to this agreement.
1.5 Further details about the specified service, and advice or suggestions about its provisions or utilization, which are not given in the supplier’s literature may be made available on request.
1.6 The supplier may correct any errors or omissions in any literature, quotation or other document relating to the provision of the specified service without any liability to the client.
1.7 The supplier may at any time without notifying the client, make any changes to the specified service which are necessary to comply with any applicable safety or statutory requirements, or which do not materially affect the nature or quality of the specified service.

2. Charges
2.1 The client shall pay the supplier’s charges set out in the schedule and any sums which are agreed between the supplier and the client for the provision of the specified service or which, in the supplier’s sole discretion, are required as a result of the client’s lack of instructions, the inaccuracy of any input material or other cause attributable to the client.
2.2 The supplier shall be entitled to charge for any expense or loss reasonably incurred as a result of cancellation of this agreement.
2.3 The client shall pay to the supplier a deposit agreed between the supplier and client for the specified service on the date of the agreement. The supplier may also request payments during the schedule which will be agreed with the client as and when necessary. In the event of non-payment of such deposit, the supplier shall be entitled to withhold the provision of the specified service. Notwithstanding the provisions contained in clause 2.2, such deposit shall be non-refundable in the event of cancellation of this agreement.
2.4 The supplier shall be entitled to vary the charges from time to time by agreeing any changes to the specified service with the client beforehand.
2.5 All charges quoted to the client for the provision of the specified service are exclusive of value added tax.
2.6. The supplier’s charges and any additional sums payable to the supplier or tradesmen, shall be paid by the client within 7 days of production of an invoice from the supplier or tradesmen.
2.7 If the payment is not made on the due date, the supplier or trademen shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgement) at a rate of 5% of the outstanding amount, for the first 14 days overdue, plus a further 5% if the invoice remains unpaid after 14 days. This clause will be applied at the supplier’s and tradesmen’s discretion.

3. Rights in Input and Output Material.
3.1 The property and any copyright or other intellectual property rights in;
3.1.1 Any Input Material shall belong to the client
3.1.2 Any Output Material shall belong to the supplier, subject only to the right of the client to use the Output Material for the purposes of utilizing the specified service; except that;
3.1.3 Any database provided by the client as input material to which the supplier makes addition or enhancement as a result of providing the specified service and thereby becomes output material, shall belong to the client.
3.1.4 Any input material or other information provided by the client which is designed by the client and any output material shall be kept confidential by the supplier, all output material or other information provided by the supplier shall be kept confidential by the client unless the client gains permission from the supplier to show to a third party. This clause does not apply to documents or other materials which are public knowledge.
3.2 The client warrants that any input material and its use by the supplier for the purpose of providing the specified service will not infringe the copyright or other rights of any third party and the client shall indemnify the supplier against any loss, damages, costs, expenses or other claims arising from any such infringement.

4. Warranties and Liability
4.1 The supplier warrants to the client that the specified service will be provided using reasonable care and skill and, so far as reasonably possible, in accordance with the specification sheet and at the intervals and within the times referred to in the specification sheet.
4.2 The supplier shall have no liability to the client for any loss, damage, costs, expenses or other claims for compensation arising from any input material or instructions supplied by the client which are incomplete, incorrect, inaccurate, illegal, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the client.
4.3. The supplier shall not be liable to the client or be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform, any of the supplier’s obligations in relation to the specified service, if the delay or failure was due to any cause beyond the supplier’s reasonable control.
4.4 All tradesmen warranties and liabilities for services provided will be supplied to the client upon request by the tradesmen employed by the client to carry our any works in accordance with the specified service and specification sheet. It is the client’s responsibility to request these warranties and limit of liability before commencement of any work. The supplier will not be held responsible for failure by the client to obtain these warranties and liabilities from the respective tradesmen.
4.5 All goods supplied under the specification sheet, specified service or quotation, are all governed by the relevant manufacturer’s guarantee or warranty. It is the client’s responsibility to retain all literature supplied with goods in case of faults or failure. The client will be responsible for laising with the tradesmen that fitted the faulty or failed item. It will be between the client and the tradesmen to act upon the manufacturer’s guarantee or warranty. In replacing the faulty or failed item there may be additional costs to the client to rectify if the fault was not caused or contributed to, by the tradesmen.
4.6 Any items/goods which fail after the manufacturer’s guarantee or warranty has elapsed, will be the responsibility of the client to rectify which will incur additional costs for the replacement item or part thereof, and the labour to replace/refurbish the faulty item.
4.7 The supplier shall have no liability to the client for any loss, damage, costs, expenses or other claims for compensation arising from any failure of tradesmen’s warranties, liabilities or quality of workmanship. The supplier only suggests tradesmen and cannot recommend or guarantee tradesmen, thereby, any tradesmen employed as part of this agreement are done so at the clients own risk.

General
5.1 Upon completion of the specified service the client will be sign off the job by signing the supplier’s “Customer Acceptance Form”. This document constitutes the completing of the specified service, the end of liability for the supplier and conclusion of all agreements.
5.2 This agreement constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing or stated specifically on the specification sheet. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
5.3 Any notice required or permitted to be given by either party to the other under this agreement shall be in writing and within reasonable time to be implemented.
5.4 If any provision of this agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this agreement and the remainder of the provision in question shall not be affected.
5.5 Any dispute arising under or in connection with this agreement or the provision of the specified service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the law society.
5.6 English law shall apply to this agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.


Definitions (back to top)

“WBS” means us, Wadebridge Bathroom Studio
"Conditions" means General Conditions and the Special Conditions;
"General Conditions" means the conditions set out below as revised from time to time;
"Goods" means the goods (including any installment of the goods or any parts of them) which we supply in accordance with these Conditions;
"Internet" means the global network of computer systems using TCP/IP protocols including (but not limited to) the world wide web.
"Personal Information" means the details provided by you to us including (but not limited to) name, delivery and billing addresses and payment information;
"Product" means a product for sale;
"Product Description" means that part of the Website, catalogue or display where certain terms and conditions in respect of the individual product are provided or such information given to you verbally by L&m;
"Special Conditions" means the terms and conditions in the Product Description which shall take precedence where inconsistent with the General Conditions;
"United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and
"users" means the users of the Website collectively;
"Website" means the collection of pages published on the Internet with the URL [www.landmbathroomdesign.co.uk] or any other such site owned or operated by us.
"We/us" means L&m Bathroom Design and “Our”; “Ours” and cognate terms shall be interpreted accordingly;
"Working Day" means every day of the year except Saturdays and Sundays and English statutory and public holidays.
"you" means a user of this Website, any person (excluding corporate) accessing the Website by any means, a customer purchasing from us and/or a customer ordering a Product over the telephone and “your”, “yours” cognate terms shall be interpreted accordingly.

1. Making A Purchase
1.1 use of the Website
1.1.1 We grant YOU a single non exclusive and non-assignable licence to access the website on the condition that you adhere to our Terms & Conditions
1.1.2 The Website may be used only for lawful purposes and in a lawful manner. you agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
1.1.3 While We will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
1.1.4 We cannot guarantee that the appearance and/or colours of the Goods shown on this site exactly reproduces the appearance and/or colours of the Goods themselves, this will vary according to the resolution and the screen type of your computer. All sizes quoted are in line with manufacturers specifications.
1.1.5 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made. We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website, including but not limited to implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
1.1.6 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website will be available to you at any time. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. you are responsible for maintaining suitable virus protection software on your computer.
1.1.7 We shall not be liable for the non-accessibility of this Website due to the technical inefficiency or failure (but not limited to) such failure caused by electricity supply faults or non-functionality of the Internet.
1.1.8 We accept no responsibility for the inaccessibility of this Website caused by the users of non-compatible, defective or obsolete hardware or software, nor shall We be liable for failure to inform users of the hardware and software required for use of the Website.
1.2 Personal Information
1.2.1 You warrant that:
1.2.1.1 The Personal Information which you are required to provide is true, accurate, current and complete in all respects; and
1.2.1.2 You will notify us immediately of any changes to the Personal Information affecting any order by contacting us by e-mail at info@wadebridgebathrooms.co.uk or by telephoning us on 01208 815251
1.3 Privacy policy
1.3.1 We will treat all your Personal Information obtained by us as confidential (although We may disclose this information in the circumstances set out below). We will comply with current applicable English data protection and consumer legislation.
1.3.2 When you shop with us we will ask you to provide personal information such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information.
1.3.3 We may also collect information about where you are on the internet (e.g. your URL, IP address, domain types such as (.co.uk and .com), via the pages of Our Website that were viewed during your visit, any advertisements you clicked on, and any searches that you performed on Our Website ("user Information").
1.3.4 We confirm that any Personal Information that you provide to us (or that is available on public registers) and any user Information from which We can identify you, is held in accordance with the notification We have provided to the Information Commissioner pursuant to the Data Protection Act 1998. We may process your Personal Information and user Information only for the following purposes:
1.3.4.1 Processing your orders, performing the contract, for statistical purposes to improve the Website and its services to you. To update the Website. To notify you of products or special offers that may be of interest to you. Where required by law or where processing without consent is permitted by the Data Protection Act 1998.
1.3.5 You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
1.3.6 When you order you accept that you consent to receive information from us by post, e-mail or telephone, about products, promotions or special offers that We feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, you may unsubscribe from Our mailing list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, or by e-mailing us at info@wadebridgebathrooms.co.uk or by telephoning us on 01208 815251.
1.3.7 Your Personal Information will be disclosed to third parties who will help process your order and payment. We will not release your Personal Information to any outside company for mailing or marketing purposes not connected to Our products and services.
1.4 Indemnity
1.4.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or that of any other person accessing the Website using your Personal Information.
1.5 Our rights
1.5.1 We reserve the right to:
1.5.2.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that We shall not be liable to you for any modification to or withdrawal of the Website; and/or
1.5.2.2 change the Conditions from time to time, and your continued use of the Website (or any part thereof) or placing of any order following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website or placing any orders.
1.6 Third-party links
To provide increased value to Our users, We have provided links to other websites or resources for you to access at your sole discretion. you acknowledge and agree that, as you have chosen to enter the linked website, 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 (i) the privacy practices of such websites, (ii) 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 or (iii) 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. If you have a particular concern regarding the way your personal information will be used then you are advised to read the privacy statement on the relevant site.
2. Purchase of Goods
2.1 Order Acceptance
2.1.1 In the event that the products you have ordered not being available immediately, we may back order those products for you after confirmation via telephone.
2.1.2 No contract will exist between you and us for the sale by us to you of any goods unless and until We accept your order by e-mail or otherwise in writing confirming that We have accepted your order. Completion of the contract between you and us will take place upon delivery to you of the Products and full payment. For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom.
2.1.3 Non-acceptance of an order may be a result of one of the following:
2.1.3.1 The product you ordered being unavailable;
2.1.3.2 Our inability to obtain authorisation for your payment;
2.1.3.3 The identification of a pricing or product description error;
2.1.3.4 you not meeting the eligibility to order criteria set out under 2.6 in the General Conditions
but for the avoidance of doubt we reserve the right to reject any offer to buy any Goods received from any person.
2.1.4 If there are any problems with your order, We will contact you using the Personal Information provided by you.
2.1.5 If you wish to exercise your right to cancel this contract prior to order despatch, follow the procedure set out in Order Changes/Cancellation below.
2.1.6 We will take all reasonable care, as required by applicable data protection law, to keep the details of your order and payment secure, but in the absence of negligence or breach of any applicable law on Our part We cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
2.2 If you are purchasing Goods via the Website links, browse the manufacturer’s websites, select the items you are interested in and enter them into an email to us. After you have finished your selection, we will respond with a fully detailed quotation.
We accept all card payments.
We accept Visa and Mastercard. All Goods must be paid for in full for orders which are to be dispatched “as soon as possible”. All Goods which are ordered and requested to be delivered on or after a certain date must be accompanied by a deposit payment of at least 50% of the value of the whole order. “special Order” Goods must be paid for in full when ordering. You may send your credit card information via phone, fax, and post or over the Internet, or use “Paypal” via our email invoicing system. Cheques must be posted to us and only upon cleared funds being available will orders be accepted and processed.
2.3 Order Changes/Cancellation
2.3.1 If the contract for the purchase of Goods has been concluded via telephone, Internet or correspondence (including email) without any face to face contact having occurred between us, then you have a 7 day period from the date when the Goods are delivered in which to cancel this contract (except for “special orders”). The Goods are to be returned by you as per our returns policy below. Please note that ALL returns which arise from you cancelling the order after delivery will be subject to a 20% restocking and administration charge. This right does not apply [where and to the extent that] We have started to customise any materials (special orders) or where We have placed your order for a “special order” item from Our manufacturer in accordance with your requirements, or where items are out of stock.
2.3.2 If you wish to cancel or change an order with a scheduled delivery date, you must contact us at least 14 days before the scheduled delivery date, we will then cancel the order with the suppliers. If you fail to cancel the order in time, WBS is under no obligation to accept the cancellation without applying the 20% restocking/administration charge if goods have already been received by Us or are already in transit to us. If you wish to change or cancel a “special order” then you should contact us as soon as possible. We will endeavour to act on your request but if the “special order” is already being customized by the manufacturer, then the Goods will not be able to be cancelled.
2.3.3 To change, cancel or return an order, please contact us immediately via e-mail at HYPERLINK "mailto:info@wadebridgebathrooms.co.uk" info@wadebridgebathrooms.co.uk with the following.
2.3.3.1 Customer Name;
2.3.3.2 Date of the order and/or delivery;
2.3.3.3 Details of the change, cancellation or return.
2.3.4 It is your responsibility to ensure contact with us is made and acknowledged regarding changes, cancellations and returns. We cannot be held responsible for not responding to failed emails, left messages or missed phone calls.
2.3.5 Please note that you’re right to return Goods pursuant to the Distance Selling Regulations 2000 does not apply in this contract where the Goods are manufactured for you, customized to your specifications or specially ordered.
2.3.6 If you are cancelling because of any problem with the Goods, please follow our returns procedure below.
2.4 Returns
2.4.1 If you wish to return a defective item or cancelled order to us then you must follow our return procedure below. Details for where to return the Goods will be given at this time.
2.4.2 It is your responsibility to ensure that returned item(s) reach us in good condition.
"Under the Distance Selling Directive you as the customer have a duty of care for the products delivered to you whilst in your possession"
Please ensure that you return the items exactly as you have received them ie: in the original packaging and in re-saleable condition. If you are returning the items via a Courier or Royal Mail, please make sure that the items are in an outer box or a jiffy bag.
If it is found that you have failed to take reasonable care of the goods, WBS reserves the right to refund you in full less any amounts due by way of compensation to cover any loss.
We do NOT accept liability for the transit of returned goods and therefore suggest that you take out carrier insurance.
Our policy is in addition to any statutory rights that you may have as a consumer, which remain unaffected.
2.5 Description of Products
2.5.1 Each Product purchased is sold subject to its Product Description which may set out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
2.5.2 We will take all reasonable care to ensure that all details, descriptions and prices of Products are correct at the time when the relevant information was entered onto the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with Our Order Acceptance policy above.
2.6 Payment
2.6.1 All quotations provided by us to you are valid for thirty days.
2.6.2 All prices are shown inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered including VAT, plus delivery charges. Payment can be made by any of the methods specified in the Conditions and payment will be debited as above
2.6.3 We reserve the right to make adjustments to the price to take account of any increase in Our supplier's prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong. Correct prices will be confirmed by telephone if an error has occurred and you will be given the opportunity to cancel the order.
2.6.4 you confirm that the credit or debit card you use to place an order is yours.
2.6.5 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, We may refuse your order.
2.6.6 We accept credit card and debit card payment:
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All card payments are processed by Paypal.
2.6.7 UK Orders are subject to carriage charges where applicable:
2.7 Refusal of Transaction
2.7.1 We reserve the right to withdraw any Goods at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason to anyone at any time at Our sole discretion. We will not be liable to you or any third party by reason of Our withdrawing any Product, removing or editing any materials or content on the Website; refusing to process a transaction or suspending any transaction after processing has begun.
2.7.2 To be eligible to purchase Products on the Website and lawfully enter into and form contracts on the Website under English law you must:
2.7.2.1 Be over the age of 18 years,
2.7.2.2 Register by providing your real name, phone number, e-mail address, payment details and other requested information;
2.7.2.3 Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
2.7.2.4 Possess a valid payment means.
2.7.3 By making an offer to buy Goods, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
2.7.4 In the event a product is listed incorrectly due to a typographical error or error in information from our suppliers. We may refuse or cancel any orders listed, whether or not the order has been confirmed. (for your own protection as the product may be mis-labeled ie having a specification different to your needs) If your credit card has already been charged and We subsequently cancel your order, We will immediately issue a credit to your credit card account for the value paid (including associated delivery charges).
3. Delivery Schedule
3.1 Delivery
3.1.1 Where delivery dates are stated anywhere on the Our Website links, the times are approximates only and while We endeavour to deliver to you within the time stated, delivery could be delayed due to events beyond Our control. The date 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.
3.1.2 In the majority of cases Goods will be delivered to you by us, we may from time to time use 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 invoice, prior to completing your order.
3.1.3 Delivery dates are as agreed between you and us, these may vary from shown dates but every attempt will be made to ensure accurate delivery estimates. Any difference between our estimated delivery times and actual delivery times will be passed on to yourselves via telephone or email.
3.1.4 We may deliver the Goods in instalments if requested by you; there may be additional carriage charges involved in this service.
3.1.5 Notification of short delivery or damage in transit must be made to us AND ACKNOWLEDGED, within three days of the receipt of the Goods.
3.1.6 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.
3.1.7 We will only deliver Goods to the address on the order.
3.1.8 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.
3.1.9 We will deliver to your delivery address where possible provided that the property is situated on a hard road point.
3.1.10 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 may charge a fee of up to 10% of the price of the Goods for re-delivery.
3.1.11 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.
3.1.12 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.
3.1.13 Do not arrange for installation of the Goods until they have been delivered and checked for correctness, damage and shortages by you.
3.1.14 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.
3.1.15 Delivery to locations other than Mainland UK may incur additional delivery charges that are not apparent at first process of an order, Your order will be confirmed by telephone where exact delivery charges will be specified (this does not affect your right to cancel your order). If you have any doubt regarding your location and associated delivery charges please call for advice.
3.1.16 Delivery itself is charged as a service rather than an addition to goods purchased. Therefore when an order is dispatched the service agreement for delivery is deemed to have been completed (as long as the goods are received).
4. Property and Risk
4.1 Risk of damage to or loss of the Goods shall pass to you:
4.1.1 in the case of Goods to be delivered at Our premises, at the time when We notify you that the Goods are available for collection; or
4.1.2 In the case of Goods to be delivered to a location other than at Our premises, on the date of delivery or, if you wrongfully fail to take delivery of the Goods, the date when We have tendered delivery of the Goods.
4.2 The property in the Goods shall not pass to you until We have received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be supplied by us to you for which payment is then due.
4.3 Until such time as the property in the Goods passes to you, you shall hold the Goods as Our fiduciary agent and bailee, and shall keep the Goods separate from those of your own and third parties and properly stored, protected and insured and identified as Our property. Until that time you shall be entitled to resell or use the Goods in the ordinary course if its business, but shall account to us for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of yours and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
4.5 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain Our property, but if you do so all the monies owing by you to us shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
5. Warranty
5.1 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.
5.2 All items with a warranty are between the manufacturer and the purchaser. It is the purchaser’s responsibility to ensure that warranty/guarantee registration forms are completed on any items which have them. Customers should make themselves aware of what is required to validate any individual manufacturer’s guarantee. i.e. servicing of items on a regular basis etc. WBS will not be held responsible for a customer’s failure to comply with manufacturer’s guarantees.
6. General
6.1 Intellectual property and right to use
6.1.1 you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website or otherwise by us shall remain at all times vested in us or the owners under license from whom the content appears. you are permitted to use this material only as expressly authorised by us.
6.1.2 you acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material including (but not limited to) reproduction, modification, distribution, transmission, removal, deletion, addition, display, performance, or replication of the content of the Website or any other manner of exploitation of any contents of the Website or Our catalogue in part or in whole is strictly prohibited.
6.1.3 Any copyright material posted on our Website which is not Our property is acknowledged as such. All right to this copyright remain with the proprietor of the copyright subject to a license to us.
6.3 Limitation of liability
6.3.1 We will not be liable in contract, tort (including, without limitation, negligence), or for pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
6.3.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
6.3.7.2 any loss of goodwill or reputation; or
6.3.7.3 any special or indirect losses suffered or incurred by any party arising out of or in connection with any use of the Website.
Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants or employees.
6.3.2 Any advice or recommendation given by Our employees or agents to you or your employees or agents is given in good faith, as to the storage, application or use of the Goods (other than which is confirmed in writing by us) is followed or acted upon entirely at your own risk, and accordingly We shall not be liable for any such advice or recommendation which is not so confirmed. We recommend seeking professional advice wherever possible to the exact and precise nature of your requirements.
6.4 Force Majeure
6.4.1 We shall not be liable to you where performance of any of Our obligations to you is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of Government or any other cause not within Our reasonable control.
6.5 Severance
6.5.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
6.6 Waiver
6.6.1 No waiver by us of any provision of the Conditions shall be construed as a waiver of any proceeding, succeeding or continuing breach of any provision of the Conditions.
6.7 Entire agreement
6.7.1 These Conditions govern Our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. you confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.
6.7.2 Nothing in this Clause shall limit or exclude Our liability in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions.
6.8 Law
6.8.1 The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
6.8.2 The submission by the parties to such jurisdiction shall not limit Our right to commence any proceedings arising from any breach of these conditions in any other jurisdiction it may consider appropriate.
6.8.3 In the event that you are resident outside England you shall not object to any application by us for an alternative means or place of service or dispensing with service of any court proceedings.
6.9 Statutory Rights
6.9.1 Where you are a consumer as defined by the Distance Selling Regulations 2000 your statutory rights are not affected by the Conditions.

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