Terms of Use
1. Terms of Website and Mobile Application Use
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our websites www.idealbathrooms.com and/or our mobile applications (any of these and/or all will be referred to throughout this document as "our site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
2. Information About Us
Our sites are operated by Saint-Gobain Building Distribution Limited ("We"). We are registered in [England and Wales] under company number 1647362 and we have our registered office at Saint-Gobain Building Distribution Limited, Saint-Gobain House, Binley Business Park, Coventry, CV3 2TT. Our VAT number is GB394121263.
3. Accessing Our Site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our site, you must comply with the provisions of our acceptable use policy. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by, amongst other things, copyright and trade mark laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. Indemnity
You agree to indemnify us and hold us harmless from all liabilities, claims and expenses that arise out of any content you submit, post or transmit via our site or from your use/ misuse of our sites or the use/misuse by any person for whom you are responsible or from your violation of these Terms of Use.
6. Reliance on Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
7. Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
8. Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
· All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
· Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it;
· Any liability for:
o loss of income or revenue;
o loss of business;
o loss of profits or contracts;
o loss of anticipated savings;
o loss of data;
o loss of goodwill;
o wasted management or office time; and
o any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
9. Information about You and Your Visits to Our Site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
10. [Transactions Concluded Through Our Site
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
11. Uploading Material to Our Site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
12. Viruses, Hacking and Other Offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
13. Linking To Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to [email protected].
14. Termination
We reserve the right, in our absolute discretion, to terminate your access to all or part of our site without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on our site.
15. Links from Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
16. Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17. Trade Marks
Ideal Bathrooms is a UK registered trade mark of Saint-Gobain Building Distribution Limited and you may not use any such trade marks without our prior express written consent.
18. Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. If you do not agree to any changes we have made to the site, you must stop using our site immediately.
19. Your Concerns
If you have any concerns about material which appears on our site, please contact [email protected].
Thank you for visiting our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 2.6. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
TERMS AND CONDITIONS OF SALE
If You are a Consumer, You have certain statutory rights regarding the return of defective Goods and claims in respect of losses caused by our negligence or failure to carry out our obligations. These Terms shall not affect your statutory rights.
1. DEFINITIONS
In these terms of sale the following meanings shall apply:
”We” and “Us” means Saint-Gobain Building Distribution Limited Registered in England & Wales No. 1647362, trading as Ideal Bathrooms. ”You” means the person seeking to purchase Goods from Us. ”the Goods” means the goods to be supplied by Us. ”Company Signatory” means a person authorised by Us. ”the Terms” means the terms set out in this document and any special term agreed in writing between a Company Signatory and You. ”the Contract” means the contract for the supply of Goods incorporating these Terms. ”the Defect” means the condition and/or any other circumstances which but for the effect of these Terms would have entitled You to damages.
2. THE CONTRACT
2.1 All orders are accepted by Us only under these Terms and they may not be altered other than with the written agreement of a Company Signatory. Any contrary or additional terms, unless so agreed, are excluded.
2.2 Quotations are invitations to treat only.
2.3 Orders may be cancelled only with the written agreement of a Company Signatory and You shall indemnify Us against all costs, claims, losses or expenses incurred as a result of that cancellation.
2.4 You are responsible to Us for:
2.4.1 ensuring the accuracy of the terms of any order including any applicable design drawing or specification provided to Us by You and for giving Us any necessary information relating to the Goods within a sufficient time to enable Us to perform the Contract in accordance with its Terms.
2.4.2 ensuring that the Goods are suitable for their intended use, whether or not such use has been made known to Us;
2.4.3 quantities ordered and measurements taken are correct; and
2.4.4 You or a nominated signatory are present at the pre-arranged time of delivery.
3. PRICE
3.1 The price for the Goods shall be as published in our price list current at the date of delivery of the Goods or as quoted. The price list is exclusive of VAT, which shall be due at the rate of ruling on the date of a VAT invoice.
3.2 Prices listed or quoted are based on costs prevailing at the time when they are given or agreed. We shall be entitled to adjust the price of the Goods at the time of delivery by such amount as may be necessary to cover any increase sustained by Us after the date of acceptance of your order and any direct or indirect costs of making, obtaining, handling or supplying the Goods.
3.3 Prices listed or quoted are applicable to the quantity specified and on the information provided by You at the time of the order. In the event of orders being placed for lesser quantities or if there is any change in specifications, delivery dates or delay is caused by your instructions or lack thereof, we shall be entitled to adjust the price of the Goods as ordered to take account of the variations.
4. PAYMENT
4.1 All credit account payments are due on the last day of the month following the month You are invoiced for the Goods.
4.2 Late payments may incur interest at the rate of 8% above the base rate of Barclays bank plc in force from time to time from the due date until the date of payment and we reserve the right to claim under the Late Payment of Debt (Interest) Act 1998.
4.3 Credit facilities can be withdrawn or reduced at any time at our sole discretion.
4.4 You may not withhold payment of any invoice or other amount due to Us by reason of any right of set off or counterclaim which You may have or allege to have for any reason whatever.
4.5 Customers must advise Ideal Bathrooms of any invoice queries within 30 days of the invoice date
5. DELIVERY
5.1 Delivery will be effected when the Goods leave our premises whether carried by Us or an independent carrier, or the premises our suppliers when the Goods are delivered direct from suppliers.
5.2 Delivery dates are given in good faith but are estimates only and time for delivery shall not be of the essence of the Contract.
5.3 For the avoidance of doubt, and without detracting from any other provisions of these Terms, We shall not be liable for any damages whatsoever whether direct, indirect or consequential (including for the avoidance of doubt of any liability to any third party) resulting from any delay in delivery of the Goods, or failure to deliver the goods in a reasonable time - whether such delay or failure is caused by our negligence or otherwise howsoever.
5.4 We reserve the right to make delivery by instalments. Our failure to deliver any one or more instalments, shall not entitle you to treat the Contract as a whole repudiated.
5.5 You must provide the necessary labour for unloading the Goods - and unloading is to be completed with reasonable speed. If our delivery vehicle is kept waiting for an unreasonable time, or is obliged to return without completing delivery, or if We provide additional staff to unload Goods, an additional charge will be made.
6. INSPECTION
6.1 You shall inspect the Goods at the place and time of unloading or collection but nothing in these Terms shall require You to break packaging and/or unpack Goods which are intended to be stored before use.
6.1.1 You must advise Us by telephone immediately and give Us written notice within three working days of unloading of any claim for short delivery breakages or non conformity.
6.1.2 If You do not give Us that notice within that time, the Goods will be deemed to have been delivered in the quantities shown in the delivery documents.
6.1.3 You shall not be entitled, and you irrevocably and unconditionally waive any rights to reject the Goods or claim any damages whatsoever, for short delivery howsoever caused.
6.1.4 Our liability for short delivery or breakages is limited to making good the shortage.
6.2.1 Where it is, or would have been, apparent on a reasonable inspection that the Goods are not in conformity with the Contract (where the Contract is a contract for sale by a specially manufactured sample) or that the item supplied does not compare with the sample, You must advise Us by telephone immediately, and give Us written notice within three working days of inspection.
6.2.2 If You fail to give Us that notice within that time, the Goods will be deemed to have been accepted and You shall not be entitled, and irrevocably and unconditionally waive any rights to reject the Goods.
7. RETURNS
7.1 Goods not used and still held as current stock can be returned to Us within 28 days of purchase, and provided they are in their original pack, unused, and undamaged with a copy of the invoice. A restocking charge will be levied for the return of such goods.
8. TITLE AND RISK
8.1 Risk in the Goods shall pass to You when the Goods are delivered.
8.2 The property in the Goods shall remain with Us until You pay all sums due to Us, whether in respect of this Contract or other wise.
8.3 Until title passes:
8.3.1 You shall hold the Goods as our fiduciary agent and bailee.
8.3.2 The Goods shall be stored separately from any other goods and You shall not interfere with any identification marks, labels, batch numbers or serial numbers on the Goods.
8.3.3 We agree that You may use, or agree to sell the Goods as principle and not as agents in the ordinary course of your business subject to the express condition that at our direction, the entire proceeds of any sale or insurance proceeds received in respect of the Goods are held in trust for Us and not mixed with any other monies, or paid into an overdrawn bank account and, it shall, at all times, be identifiable as our money.
8.4 We shall be entitled, at any time, to recover any or all of the Goods in your possession to which We have title and for that purpose, We our employees or agents may, with such transport as is necessary, enter upon any premises occupied by You, or to which You have access and where the Goods may be, or are believed to be, situated.
9. LIABILITY
9.1 Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our personal negligence or our liability for fraudulent misrepresentation.
9.2 We shall not be liable for any defect in the Goods arising from any drawing, specification or design supplied by You.
9.3 Subject to Clause 9.1 of these Terms, We shall not be liable by reason of any misrepresentation (unless fraudulent) or any breach of warranty condition or other term express or implied or any breach of duty (common law or statutory) or negligence for any damages whatsoever. Instead of liability in damages, We undertake liability under Clause 4 below.
9.4 Where but for the effect of Clause 9.3 of these Terms You would have been entitled to damages against Us, We shall not be liable to pay damages but subject to the conditions set out in Clause.
9.5 below shall at our sole discretion, either repair the Goods at our own expense, or supply replacement Goods free of charge or refund all (or where appropriate part) of the price of the relevant Goods.
9.5 We shall not be liable under Clause 9.4 if the Defect arises from wear and tear, wilful damage, negligence, abnormal working conditions, misuse, alteration or repair of the Goods.
9.6 We give no undertaking that the Goods are fit for any particular purpose - You having the greater knowledge of your own requirements, rely entirely upon your own skill and judgement in evaluating the suitability of the Goods for your purpose.
9.7 If You are a consumer, your statutory rights remain unaffected.
9.8 The Goods might be natural products and as such are sold subject to their natural markings, grain, variations in colour, cracks, crazing and texture and We do not accept liability for claims made based on these characteristics either before or after fixing
9.9 Without prejudice to any other provisions in these Terms in any event our total liability for any one claim or for the total of all claims arising from any one act of default on our part (whether arising from our negligence or otherwise) shall not exceed the purchase price of the goods the subject matter of any claim and in no circumstances shall We be liable for any consequential or indirect loss.
10. NON-PAYMENT / INSOLVENCY
10.1 ”Insolvent” means You becoming unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986; the levying or the threat of execution or distress on any of your property; the appointment of a receiver or administrative receiver over all, or any part, of your property; a proposal for a voluntary arrangement or compromise between You and your creditors, whether pursuant to the Insolvency Act 1986 or otherwise; the passing of a resolution for voluntary winding-up, or summoning a meeting to pass such a resolution otherwise than for the purposes of a bona fide amalgamation or reconstruction, the presentation of a petition for your winding-up, or for an administration order in relation to You; if You suffer any analogous step or proceedings under foreign law or You are ceasing, or threatening to cease to carry on your business.
10.2 If You fail to pay the price for any Goods on the due date or fail to pay any sum due to Us under any contract on the due date or You become Insolvent or if You are a Limited Company or partnership and there is a material change in your constitution or You commit a material breach of this Contract and fail to remedy that breach, all sums outstanding between You and Us shall become immediately payable, and We shall entitled to do any one or more of the following (without prejudice to any other right or remedy We may have):
10.3 require payment in cleared funds in advance of further deliveries;
10.4 cancel or suspend any further deliveries to You under any contract without liability on our part;
10.5 without prejudice to the generality of Clause 8 of these Terms exercise any of our rights pursuant to that clause.
10.6 If We reasonably incur any administrative costs, such as tracing or debt collection agency costs or third party, or seek to take legal proceedings to enforce our rights as a result of your breach of this Contract - including but not limited to - recovery of any sums due, You will reimburse Us such reasonable agency costs or legal costs incurred on an indemnity basis.
10.7 Incorporation of your business: Until You are informed in writing by Us that either the status of the account has been amended to a limited company or a fresh account opened all orders will continue to be debited to the current account and You will remain responsible to Us.
11. GENERAL
11.1 Without affecting any other right or remedy available to us, we may terminate any Contract with you with immediate effect by giving written notice to you if you commit a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of seven (7) days after being notified in writing to do so.
11.2 We shall not be liable for any delay or failure to perform any of our obligations in relation to the Goods due to any cause beyond our reasonable control, including industrial action.
11.3 The waiver by Us of any breach or default of these Terms shall not be construed as a continued waiver of that breach, nor as a waiver of any subsequent breach of the same, or any other provision.
11.4 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable, the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.
11.5 We may assign, novate, or sub contract all or part of this Contract and You shall be deemed to consent to any novation. This Contract is personal to You and it may not be assigned.
11.6 Nothing in this Contract is intended to, or will grant any right, to any third party to enforce any terms of this Contract, be it express or implied.
12. SPECIAL ORDERS
Special Orders (incl. Whirlpool baths) are only accepted in writing. Delivery periods from the manufacturer cannot be guaranteed. Special order cancellation will only be accepted in writing, and can only be accepted prior to production or despatch of the article, and with the consent of the manufacturer. Products that have been specially ordered will not be accepted for return
to our stock.
13. COMPLIANCE - BRIBERY ACT AND EXPORT SANCTIONS
13.1 You shall ensure that in any dealings with the Us, neither You nor your employees or agents shall commit any offence under the Bribery Act 2010 (“the Act”) including not engaging in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Act. You shall inform Us immediately You become aware of any actions between the parties that could constitute an offence under the Act.
13.2 It is our and our group’s policy to comply with all applicable sanctions and legal requirements for the import and export of goods, technology and services. We are committed to ensuring compliance with all regulatory and licensing requirements relating to international trade. We do not permit the supply of any of our goods to any individuals, companies or organisations that are
subject to any trade, economic or financial sanctions, embargoes or similar restrictive measures administered, enacted or enforced by the UK, EU, UN or USA (“Sanctioned Entities”). By entering into this Contract you agree not to re-sell or otherwise transfer the Goods, either directly or indirectly, to any Sanctioned Entities.
14. EXPORT
14.1 You shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.
14.2 You shall be liable for and shall indemnify and hold us harmless from any and all liability, loss, claims, damages and costs, which we may sustain or incur, arising out of or in any way connected with your failure to comply with Clauses 14.1 and/or 13.2.