The ‘Company’ means Homestyle Direct Limited, of registration number 2912917 and registered address Unit 21 Hainault Works, Hainault Road, Little Heath, Romford, Essex RM6 5NF and trading as Bathroom Origins.
The ‘Customer’ means any person or any entity that purchases or agrees to purchase goods.
The ‘Goods’ mean all items that the Customer agrees to buy from the Company.
The ‘Order’, ‘Orders’ mean the contract between the Company and the Customer for the sale of Goods by the Company to the Customer.
The ‘Price’ means the price for the Goods including carriage for standard delivery to the UK Mainland (excludes Scottish Highlands) but excluding VAT unless otherwise specified.
’Special Orders’ mean either Goods not listed within the Company’s products or special-order quantities outside the Company’s stock level requirements.
The ‘Order Acknowledgement’ means the confirmation of the details (to include Goods, Price etc) by the Company to the Customer of the Goods being ordered.
2.1 The Order is accepted and executed subject to the Company receiving the Order via email at firstname.lastname@example.org
2.2 The Company will not accept any terms and conditions other than those specified nor any addition or variation thereto unless agreed in writing by both the Company and the Customer.
2.3 Upon receipt of the Customer’s Order by the Company, the Company will send the Customer in a timely time an Order Acknowledgement. It is the responsibility of the Customer to ensure the details on the Order Acknowledgement are correct and any issued raised before Goods are despatched.
3.1 All prices shown are exclusive of VAT or any other applicable taxes which may from time to time be introduced, which shall be charged in accordance with the relevant regulation in force at the time of making the taxable supply and must be paid by the Customer
3.2 Whilst every endeavour is made to invoice Goods at the prices quoted and / or acknowledged at the date of the order, the Company reserves the right to invoice at prices ruling at the date of despatch.
- Terms of Payment
4.1 The Customer shall pay all invoices in GBP pounds sterling in full without any set-off, deductions (including but not limited to unauthorised debit notes) or withholding within thirty days end of month for approved accounts.
4.2 All new accounts are by proforma invoice unless otherwise agreed and confirmed in writing by the Company.
4.3 The Company reserves the right to withdraw the credit facilities of approved accounts and suspend future deliveries on any outstanding balances until payment is made in full.
4.4 Where a Customer defaults on a payment when due, interest under the Late Payment of Commercial Debts (Interest) Act 1998 will be charged on all amounts not paid until payment is received in full at the annual rate equal to 8% above the dealing rate of the Bank of England calculated on a pro rata basis, whether before or after judgement. The Customer will also be liable for any legal and court fees.
- Retention of Title
5.1 In spite of delivery having been made, property in the Goods shall not pass from the Company to the Customer until payment is made in full.
5.2 Notwithstanding delivery, property in the Goods shall not pass from the Company until all other sums owed by the Customer to the Company have been paid in full.
5.3 Until payment in full of Goods, the Customer shall hold the Goods on a fiduciary basis as bailee for the Company.
5.4 Whilst the Customer has the right to dispose of the Goods in the ordinary course of business on a bona fide sale without notice to the Customer of the Company’s rights hereunder, the entire proceeds of the sale or otherwise of the Goods shall be held in trust for the Company until payment in full of the Goods.
5.5 Until payment is made in full for the Goods, the Customer herby grants to the Company the right to enter any premises where the Goods are stored to re-possess or inspect them.
6.1 Carriage is included within the price for standard delivery to the UK Mainland (excludes Scottish Highlands) unless otherwise confirmed at time of ordering.
6.2 Where Goods are returned to the Company by the Company’s couriers due to a failed delivery (for example delivery address closed or no one to sign for the Goods) a Carriage return charge of £16.00 will be levied unless otherwise agreed in writing by the Company.
7.1 Whilst every endeavour will be made to deliver Goods in accordance with Customer’s requirements, any times quoted for despatch are to be treated as estimates only and the Company shall not be liable for any loss for failure to despatch within such time.
7.2 The Company reserves the right to charge the Customer for resending Goods that were undelivered the first time of despatch.
7.3 The Company reserves the right to charge the Customer for the cost of the return of the undelivered Goods to the Company.
- Force Majeure
8.1 The Company shall not be liable for failing to perform the contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the Company’s control.
9.1 In no circumstances may Goods be returned without the Customer sending a completed Returns Authorisation Form to email@example.com
9.2 The Company reserves the right to request photographic evidence of claims of faulty or damaged items including its original packaging ahead of considering any returns.
9.3 A collection charge of £25.00 +VAT per parcel or £50.00 +VAT per parcel over 1 metre will be levied unless otherwise agreed and confirmed in writing by the Company. A restocking charge may also be levied in special circumstances, which will be confirmed in writing at time of ordering.
9.4 Items being returned by the Customer will be at the Customer’s own expense and must be accompanied by an accurate fully completed Returns Authorisation Form. The Customer accepts full responsibility for any Items lost in transit and will be liable for the Price of the items.
9.5 Items being returned must be sent in their original packaging without stickers, markings or tape.
9.6 The Customer must ensure that the items are securely packed in an outer packaging and to withstand transit, as the Company will not accept responsibility for parcels damaged in transit.
9.7 The Company does not accept responsibility for any goods damaged or lost in transit. Please ensure that the parcel/s are packed securely to withstand transit and we recommend you use a signed for courier service.
9.8 Failure to observe these requirements will result in the return being refused.
9.9 Any items returned damaged or in an unsaleable condition (other than claims for faulty products) will be refused and the Customer will be liable for any collection charges incurred.
9.10 The Company will not accept returns for Special Orders (other than claims for faulty products).
9.11 The Company will not accept returns for Orders that were delivered to Customer after 60 days without the Company’s prior written consent.
- Loss, Shortage or Damage
10.1 Claims for loss, shortage or damage in transit cannot be considered unless notified in writing within 3 days of receipt of Goods or in the case of non-delivery within 7 days from date of invoice.
11.1 The Company reserves the right to refuse cancellation of Orders in the case of Goods that are ready for despatch or in transit.
11.2 The Company cannot accept cancellation on Special Orders.
- Modifications & Discontinued Items
12.1 The Company reserves the right to modify specifications or to discontinue products without prior notice.
- Legal Construction
13.1 The Company and the Customer are exempt from the Consumer Protection (Distance Selling) Regulations 2000 as this contract is between two businesses. The Consumer Protection (Distance Selling) Regulations 2000 is between the Customer and the Customer’s clients.
13.2 The terms of any contract to which these conditions relate shall in all respects be governed by and construed in accordance with the laws of England and the English Courts shall have exclusive jurisdiction.
13.3 If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.