Terms & Conditions
Terms and Conditions of Sale for Consumers Purchasing via The Website
Definitions
In these terms and conditions the following words have the following meanings:
“You" shall mean the person seeking to purchase the Goods from us
“We” and "Us" shall mean Indesign Bathrooms Ltd whose registered office is 108-110 Sheen Road, Richmond, Greater London TW9 1UR, head office telephone number 0208 439 9079.
"The Goods" shall mean the products, articles or services to be sold by us.
1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website’s services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.
2. Intellectual Property Notice
2.1 The website is copyrighted to us, www.indesignbathrooms.com.
2.2 Subject to the express provisions of these terms and conditions:
(a) We, together with our licencors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) All the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. License to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website including republication on another website;
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Placing an order
4.1 The total cost of your order will be price of the Goods ordered including any and all of the delivery costs. These will be expressed at the time when the order is placed by you. All prices shown are inclusive of value added tax (VAT)
4.2 Your order is not accepted up until the goods are dispatched. Any correspondence via email or telephone is merely confirmation of the report that the request has been received. The payment confirmation does not serve to be an acceptance of the order.
4.3 We reserve the right to decline your order for any reason. To serve as an example of this, we may decline to accept an order from you if the Goods are not available from stock or if there has been a pricing error by us on the website. A valid contract is only formed between us and you when the Goods are dispatched to your delivery address.
4.4 We have the right to increase prices as the prices increased by the way of any statute, law or changes in the same.
5. Cancellation by a Buyer
5.1 If the order is cancelled before dispatch,
(a) if the order is cancelled before the Goods have been dispatched by the manufacturer, then a full refund including the delivery charge would be credited to you.
(b) if the order is cancelled after a period of 10 days, then a restocking fee of 25% of the total order value will be applied, delivery charges are fully refunded in this instance.
5.2 If the order is cancelled after confirmation and dispatch
(a) if an order is cancelled after confirmation and dispatch within 10 days of receiving delivery a refund of the order value after applying a 25% restocking fee will be credited to you. The delivery fees would be non-refundable in this instance.
(b) you are expected to make your own arrangements for the Goods to be delivered to our address (108-110 Sheen Road, Richmond, TW9 1UR), if you are seeking a return. It is important to note that any Goods that you are intending to return are at your own risk and expense, for this reason we strongly recommend taking appropriate care when returning Goods and making sure the Goods are correctly addressed, packaged and insured against any damage that could be incurred in transit. You are legally obliged to return the Goods to us within 14 days of you notifying us of cancellation.
5.4 Goods cannot be accepted for return after a period of 14 days has elapsed since the receipt of delivery.by You.
5.3 All funds will be credited to you within 7 – 10 working days once your cancellation has been approved by a member of the customer services department.
6. Condition of the Goods for Return
6.1 The Goods should be kept in their original condition and packaging, show no signs of attempted installation and be in a saleable condition. A refund will not be applied to Goods that show signs of attempted installation whether or not in original packaging. A refund will be applied after inspection with this process typically taking no longer than 5 working days from the receipt of the returned Goods.
6.2 Before the item is returned, you should email us at returns@indesignbathrooms.com with the images of the item showing its current condition.
7. Manufacturing faults with the Goods
7.1 In the condition where there are manufacturing fault with the Goods, the buyer will receive a full refund including the delivery charges and no restocking fee will be applied.
7.2 The buyer must send the images to returns@indesignbathrooms.com and must attach pictures of the fault, and must also explain why/how the Goods are defected.
7.3 The request will be processed within 5 working days. We shall arrange for return of the Goods to us, and all of the pending funds will be refunded to the buyer in 7-10 working days.
8. Acceptable use of website
8.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
8.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
8.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
9. Image and Description of Goods
9.1 For the reasons beyond our control, the and the image of the product may differ and we accept no responsibility to that effect.
9.2 We take all reasonable care to ensure that all the information published is up to date; the information available on the website might change without any prior notice.
10. Terms of Payment
10.1 The payment for each item purchased on the website must be made via credit/debit card. Alternatively we accept payment over the phone.
10.2 Goods will not be dispatched unless all the invoices/bills/charges have been satisfied in full, including VAT, insurance and any other charge.
11. Delivery of Goods
11.1 Any delivery time given by us is merely an indication and it is not final. The delivery date/time might fluctuate due to reasons beyond our control. We accept no liability in respect of late deliveries, we advise not to book any installation work with plumbers or tradesman until the Goods have been received and checked for suitability and condition.
11.2 Goods are subject to availability and we do not guarantee for any other losses that you might incur in procuring the Goods. Delivery schedules are not guaranteed by us and any dates for the delivery of Goods are approximations. Buyers are always advised to book installation works after the Goods have been received and inspected for suitability. Therefore we shall not be liable for any costs incurred by you, your agents or any other third party due to an installation schedule agreed prior to receiving and inspecting the Goods.
11.3 We bear no liability whatsoever for any failure of performance or any delay in the performance of our obligations arising wholly or partly by factors beyond our control.
11.4 We shall be entitled to make deliveries in intervals or stages. Each interval delivery shall be a separate agreement to which all the provisions and conditions must apply.
11.5 A signature on any note by you and your agent shall serve to be proof and acceptance of delivery.
11.6 Risk of damage or loss of the Goods is transferred to you or your agents at the point of delivery and acceptance of delivery which includes Goods that have been requested to be left unsupervised at the required delivery address where you or your agents were unable to take delivery and sign for the Goods.
11.7 For deliveries using pallets, the Goods will be delivered as close as possible to your front door. If the Goods cannot be delivered directly to your front door for any reason i.e. if the delivery address is a flat on a raised floor the delivery of the pallet will be made as near to your property as possible.
12. Right for Refusal of Services
12.1 We have the right to refuse services at any time to anyone.
13. Transfer of content
13.1 You agree to understand that your content (excluding any payment information) can be transferred in an unencrypted form to various networks and it can involve
(a) transmissions over various networks
(b) changes to conform and adapt to the technical requirements.
13.2 Credit card information will ALWAYS be in an encrypted form while being sent to other networks
14. Registration and accounts
14.1 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.
14.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
14.3 You must not allow any other person to use your account to access the website.
14.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
14.5 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
15. User login details
15.1 If you register for an account with our website, you will be asked to choose a user ID and password.
15.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 8; you must not use your account or user ID for or in connection with the impersonation of any person.
15.3 You must keep your password confidential.
15.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
15.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
16. Cancellation and suspension of account
16.1 We may:
(a) suspend your account;
(b) cancel your account ; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
16.2 You may cancel your account on our website [using your account control panel on the website].
17. Your content: license
17.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
17.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free license] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].
17.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
17.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
17.5 You may edit your content to the extent permitted using the editing functionality made available on our website.
17.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, un-publish or edit any or all of your content.
18. Your content: rules
18.1 You warrant and represent that your content will comply with these terms and conditions.
18.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
19. Limited warranties
19.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
19.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
19.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
20. Limitations and exclusions of liability
20.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
20.2 The limitations and exclusions of liability set out in Section 20 and elsewhere in these terms and conditions:
(a) are subject to Section 20; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
20.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
20.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
20.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
20.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
20.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
20.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
21. Variation
21.1 We may revise these terms and conditions from time to time.
21.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions; you must stop using our website.
22. Severability
22.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
22.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23. Third party rights
23.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
23.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
24. Entire agreement
24.1 Subject to Section 8, these terms and conditions, together with our privacy shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
25. Law and jurisdiction
25.1 These terms and conditions shall be governed by and construed in accordance with English law.
25.2 Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of England.