Terms and conditions

1. Definition

In these conditions “the Company” means Contour Showers Limited T/A The Bath-out Company, Registered in England No. 1347879 at Siddorn Street, Winsford, Cheshire CW7 2BA.

“The Customer” means the person, firm or Company seeking to purchase the Company’s goods or whom the Company’s quotation, invoice or acknowledgement of order is addressed; “the goods” means the products supplied by the Company to the Customer in accordance with these conditions.

 

2. Pricing & Offers

The Company strive to ensure that prices listed and technical specification information is accurate at the time of purchase. However, we are entitled to make amendments to the price to take into account 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 whether or not the order has been confirmed. In this unlikely event, we cannot be held responsible for any inaccuracies at any time. Please note that your computer may display old pages from our site which are stored in your own computer's memory from previous visits - it is important you refresh your browser when viewing any pages on our web site to see the current prices and goods available.

Where The Company promote additional offers and voucher promotions, these may only be used singularly and not in conjunction with one another unless explicitly stated. This includes any cashback or discount code. Please note that before accepting your order, if The Company discover you are not entitled to use of the code, or do not meet any or all terms and conditions for a particular codes use, we may reject your order or process without benefit or reduction. Please note, discount codes are specific to single products only and not when products are included in packages and or suites. Any saved baskets, email or social offers may be subject to change when inside or outside of promotional periods.

The Company reserve the right to withdraw an offer, whether voucher code or reduced price, at any time. Please note that any reference to Free Delivery* relates to a standard work day delivery.

*UK mainland orders over £100.00 ex vat qualify for our standard 1-2 work day delivery. UK mainland orders under £100.00 ex vat are subject to a £15.00 ex vat postage & carriage charge. 

Additional charges outside UK mainland will be subject to an additional carriage charge.

 

3. Security

We realise that the internet is based on trust so we make security our number one priority. Our commitment to this will remain prominent for the future. Your credit card details are sent to the banks secure servers whilst the order is processed. No card data is saved and is not visible by any member of staff. Our web server uses Worldpay, an independent third party organisation that provides you with proof that our secure web server is genuine. At no point are your credit card details sent over using an unsecured connection. Although some customers may be eligible to receive remarketing messages based on their browsing activity, this is intended to help those customers find the products they want easier. These emails are sent via a cookie-based opt-in system by a third party, we do not collect or store any email addresses. If you receive any emails you are not interested in receiving please click 'unsubscribe'.

 

4. Delivery & Collection

All delivery options and charges can be found on our Delivery & Returns Policy page. Please note that delivery may be subject to change due to seasonality, weather and other non-specified factors. For orders under £100.00 excluding VAT, you will be charged one fee for shipping and packaging. All delivery prices are subject to VAT which is charged at the current rate.

Our deliveries are usually handled by Royal Mail or TNT on larger orders. Once collected from our warehouse, all orders are the responsibility of those drivers and staff. We are, unfortunately, unable to give any special delivery instructions to drivers e.g. leaving products with neighbours or in sheds, nor are we responsible for any delays the couriers or delivery companies experience. In instances where goods go missing, we have to allow 30 days in order for us to be able to successfully claim from the carrier.

So far as it is reasonably possible the Company will meet quoted delivery dates, but, such dates are not guaranteed and time shall not be of the essence of this contract.

When your order arrives at your address, you will be given the opportunity to check and sign for the products. During delivery, we recommend a visual inspection of your order on arrival for any obvious damages and to ensure that all products ordered are present. You are not expected to check every item before signing for the delivery.  

Once you receive your items, please do not store them away for later inspection as, if any goods received are damaged, faulty or incomplete, you must notify us within 48 hours of delivery via email or telephone, quoting your order number for reference. Please open each box and check thoroughly for damages. If we are notified within the given time frame we will then organise a replacement and collection. In any situations in which customers have adhered to terms and conditions, yet have received goods that are incorrectly supplied or damaged in transit, the Company will replace goods free of charge. Please note that, in some cases, a courier will refuse to collect and we will be unable to organise a collection, for example in the case of broken glass. 

Upon signing, responsibility for these products passes on to you and any risk of damage or loss is assumed by the purchaser. We are not responsible for any goods received or unpacked by anyone other than the purchaser, so please ensure that person is present to check and sign for the goods at the supplied delivery address. 

Please do not fit any damaged goods, as we will be unable to replace or refund damaged items which have been installed. If you find your goods are damaged, please get in touch with us and we'll do our best to help.

All damaged goods, wherever possible, must be returned in their original packaging.

Please be aware that we cannot be held responsible for any loss or damage incurred due to errors made by the purchaser during checkout, for example entering incorrect address details, so please ensure all information is correct before processing your order. 

If you fail to take delivery on the date agreed, then we reserve the right to charge for any subsequent deliveries.

We advise against booking any installers, or engaging in preparatory work until full receipt and inspection of your goods, and will not be liable for any tradesperson costs, consequential loss or compensation in any way. Delivery timescales are given as estimates in good faith, but cannot be taken as precise or exact information. 

We will not liable for any plumbers costs, consequential loss or compensation in any way.

If goods are ordered over the weekend or bank holiday, please be aware that the order date is taken as the next available working day for delivery purposes.

When goods are collected from the Company warehouse they become the responsibility of the designated courier. We cannot be held responsible for any delay's that the courier experiences.

Should the Company over deliver goods to the customer and should the Customer not inform the Company within 7 days in writing, the Company may, at its option, either repossess the excess goods or invoice them and be paid forthwith by the Customer for the excess goods at the price ruling at the date of delivery.

Non – Delivery, Damage or Loss In Transit claims should be reported in writing within three days followed by a claim, within seven days. In the case of non-delivery this loss should be reported within 14 days followed by a claim within 24 days. Neglect to comply with such regulations will invalidate any claim.

 

5. Cancellation Rights 

Cancellation of an order can only be made by mutual consent, but where the Company agrees that an order may be cancelled the Company nevertheless reserves the right to levy charges on the Customer for any loss the Company has suffered as a result of the cancellation. 

In the event of the Customer altering the requirements of the contract after instructions have been received by the Company reserves the right to amend the delivery time and to charge for any costs incurred as a result of the alteration. Goods made to special order cannot be cancelled, please see below. 

Provided the goods have not been specifically made to your specification or personalised to your request, you have a right to cancel your order before despatch or within 30 days after the date of delivery by either calling us, or sending written notice of cancellation to:

Contour Showers T/A The Bath-out Company, SIddorn Street, Winsford, Cheshire CW7 2BA

or by emailing us at info@bath-out.co.uk quoting your order reference number. We will refund you the cost of the unwanted item within 30 days. Once you receive the cancelled order please return the item back to us within seven days of receiving the parcel.

This right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.

After 30 days from the day after the Goods have been received, you will not be able to cancel the Contract. We still may offer a credit note for goods that are unused, and in their original packaging. Please call us as early as possible to discuss.

All goods, wherever possible, must be returned unused and in their original packaging. We cannot refund goods that have been damaged whilst in your possession. For health reasons we are unable to accept returns or exchanges of products which have been used, unless the product is defective. Credits for returns are issued only to the original purchaser. We are not responsible for any return costs for unwanted items, you will need to arrange for the shipping yourself and ensure their safe return.

 

6. Warranty and Liability

The Company does not warrant or guarantee that the goods will be fit for the Customers specific purpose unless exact details of such purpose have been notified in writing with the Company’s order. The Company warrants that, provided it is used in domestic installations only, its shower trays (excluding the Tern tray), floor formers, shower doors, enclosures and cubicles will be free from defects in workmanship and materials for the lifetime of the application. The shower tray, wetroom floor formers, shower doors and enclosures warranty applies to the first install only. The warranty period on other products will vary and will be set out in product specific literature. The Company will, at its option, repair or replace with a comparable type or size, any defective product or component without charge upon notification, examination and confirmation of the defect. This warranty applies only to manufacturing defects and does not apply to damage caused by abuse, misuse, improper installation, normal wear and tear or any other type of damage. Consequential damages, including water damage and re-installation costs are excluded. 

PLEASE NOTE that if a field service call is requested a call out charge, plus the cost of any parts used will be applicable if: 

    1. The installation is faulty or product has not been installed in accordance with the fitting instructions.

    2. The fault is due to normal wear and tear.

    3. The product has been damaged by foreign objects, substances or misuse.

    4. The product has failed because it is not being used in a domestic application.

    5. The product has failed because it has not been properly maintained and operated.

    6. The product has been taken apart or modified from its original specification.

    7. No product fault is found.

    8. All elements of the product cannot be accessed for assessment and correction if applicable.

 

7.    Force Majeure 
The Company will make every effort to carry out the Contract in accordance with its terms but it shall not be liable for any failure on its part to perform any term of the contract from any cause outside the Company’s control including (but without prejudice to the generality of the foregoing) act of God, war, strike, lock-out or other industrial dispute, fire or flood.

 

8. General

Please note that all orders placed through our website or phone system are subject to The Company accepting said order, at which point a contract is formed between both parties and the goods are dispatched. Title and ownership of goods will pass to the customer on delivery. Point of accepting the order is considered to be the point of process, picking and packaging at our warehouse.

All pictures on our website are the best indication we can give of the original item and are for illustration purposes only. All images are displayed with the manufacturers / suppliers permission.

On occasion the manufacturer may make small changes to the design of a product, due to this, the item/items you receive may have small differences to the picture displayed on the website. The colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors.

All products are subject to stock availability at the time of ordering. While every effort will be made to ensure that all items shown are in stock we offer no guarantee of availability and this electronic publication does not constitute an offer of sale.

All prices stated exclude VAT which will be applied at the checkout at the current rate

This contract shall be governed by English law and the buyer shall submit to the non-exclusive jurisdiction of the English Courts. If any of these conditions or any part thereof is rendered void or unenforceable by any legislation to which it is subject or by any rule of law it shall be void or unenforceable to that extent and no further. 

Any notice required or permitted is to be given by either party to the other under the Conditions these shall be in writing and addressed to the other party and delivered to the address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.

The terms and conditions do not affect your statutory rights.

 

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