Wizard Bathrooms Terms and Conditions
This page (together with the documents referred to on it) tells you the
terms and conditions on which we supply any of the products (Products)
listed on our website www.wizardbathrooms.co.uk (our site) to you.
Please read these terms and conditions carefully before ordering any
Products from our site. You should understand that by ordering any of
our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
- INFORMATION ABOUT US
1.1 www.wizardbathrooms.co.uk is a site operated by Wizard Bathrooms Ltd.(we).
We are registered in England and Wales, Company No. 08117737 with our registered
office at Border House, Beaufront Park, Anick Road, Hexham, Northumberland, NE46 4TU.
- YOUR STATUS
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old;
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging
that we have received your order. Please note that this does not mean that your
order has been accepted. Your order constitutes an offer to us to buy a Product.
All orders are subject to acceptance by us, and we will confirm such acceptance to
you by sending you an e-mail that confirms that the Product has been dispatched
(the Dispatch Confirmation). The contract between us (Contract) will only be
formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have
confirmed in the Dispatch Confirmation. We will not be obliged to supply any other
Products which may have been part of your order until the dispatch of such Products
has been confirmed in a separate Dispatch Confirmation.
- CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract
at any time within seven working days, beginning on the day after you
received the Products. In this case, you will receive a full refund of
the price paid for the Products, but will be liable for all costs incurred
for the return of the product, in accordance with our refunds policy
(set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing. You must
also return the Product(s) to us immediately, in the same condition
in which you received them, and at your own cost and risk. You have
a legal obligation to take reasonable care of the Products while they
are in your possession. If you fail to comply with this obligation,
we may have a right of action against you for compensation.
4.3 You will not have any right to cancel a Contract for the
supply of any of the following Products:
Specially Ordered Products that have been custom made to suit your
requirements or which cannot readily be returned.
4.4 Details of this statutory right, and an explanation of how to
exercise it, are provided in the Dispatch Confirmation.
This provision does not affect your statutory rights.
- AVAILABILITY AND DELIVERY
5.1 Your order will be fulfilled by the delivery date set out in
the Dispatch Confirmation or, if no delivery date is specified, then
within 30 days of the date of the Dispatch Confirmation, unless there
are exceptional circumstances.
5.2 For palletised deliveries, the goods will be delivered as close
as possible to your front door. If this location is unreachable for
any reason, such as a narrow street, up a flight of stairs (such as flats),
or any other obstruction, delivery will be made as near
to your property as possible.
5.3 For palletised deliveries, the driver is NOT insured to take
the goods inside your property. The pallet will be delivered to a
location as stated in 5.2, and it is strongly recommended that at
least 2 able bodied persons are available to receive the delivery
and carry the goods inside.
- RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive
full payment of all sums due in respect of the Products, including
delivery charges.
- PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from
time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs, which will
be added to the total amount due as set out in our Delivery Options page.
7.3 Prices are liable to change at any time, but changes will not
affect orders in respect of which we have already sent you a
Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always
possible that, despite our best efforts, some of the Products listed
on our site may be incorrectly priced. We will normally verify prices
as part of our dispatch procedures so that, where a Product's correct
price is less than our stated price, we will charge the lower amount
when dispatching the Product to you. If a Product’s correct price is
higher than the price stated on our site, we will normally, at our
discretion, either contact you for instructions before dispatching
the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the
incorrect (lower) price, even after we have sent you a Dispatch Confirmation,
if the pricing error is obvious and unmistakeable and could have reasonably
been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by credit/debit card,Paypal or Bank Transfer.
We accept payment with Visa, Mastercard, Visa Delta, Switch, Maestro and American Express.
Payment will be debited at time of order through our payment system.
- OUR REFUNDS POLICY
8.1 Returns will be accepted in the following circumstances
for Products returned within the 14 day cooling-off period,
we will, subject to return of the Products to us, process the refund
due to you as soon as possible and, in any case, within 30 days of the
day you have given notice of your cancellation. The Products must be
returned as new and in their original packaging. In this case, we will
refund the price of the Product in full but you will be responsible for
the cost of returning the item to us.
for orders cancelled once the goods have been dispatched from our
distribution center. Such cancellation of orders will result in a
refund of the Products, less any costs incurred by us in recovering
the items back to our distribution center.
for defective products we will examine the returned Product and
will notify you of your refund via e-mail within a reasonable period
of time. We will usually process the refund due to you as soon as
possible and, in any case, within 30 days of the day we confirmed
to you via e-mail that you were entitled to a refund for the defective Product.
Products returned by you because of a defect not caused by you or your servant
or agent will be refunded in full, including a refund of the delivery charges
for sending the item to you and the cost incurred by you in returning the item to us.
Products damaged in transit must be noted at the time of delivery,
documented on the delivery note and delivery refused. It is the customer’s
responsibility to check the Products for damage with the delivery driver and
to notify us of any damages within a reasonable period. We will not accept
claims for Products damaged in transit that were signed for as being in good condition.
8.2 We will usually refund any money received from you using the
same method originally used by you to pay for your purchase.
- OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our
site is of satisfactory quality and reasonably fit for all the purposes
for which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaking
this agreement is strictly limited to the purchase price of the Product
you purchased and any losses which are a foreseeable consequence of us
breaking the agreement. Losses are foreseeable where they could be
contemplated by you and us at the time your order is accepted by us.
9.3 This does not include or limit in any way our liability
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses which happen as a side
effect of the main loss or damage and which are not foreseeable by you
and us (such as loss of income or revenue, loss of business, loss of profits
or contracts, loss of anticipated savings, loss of data, waste of management
or office time) however arising and whether caused by tort (including negligence),
breach of contract or otherwise, even if foreseeable.
- ACCESS TO WIZARDBATHROOMS.CO.UK
We will do our utmost to ensure that availability of the website will
be uninterrupted and that transmissions will be error-free. However,
due to the nature of the Internet, this cannot be guaranteed.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications
we send to you should be in writing. When using our site, you accept that
communication with us will be mainly electronic. We will contact you by e-mail
or provide you with information by posting notices on our website. For
contractual purposes, you agree to this electronic means of communication
and you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This condition does not
affect your statutory rights.
- NOTICES
12.1 All notices given by you to us must be given in writing, sent via post to
Wizard Bathrooms Ltd, Border House, Beaufront Park, Anick Road, Hexham, Northumberland, NE46 4TU.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order,
or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served
immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date
of posting of any letter. In proving the service of any notice, it will be sufficient to prove,
in the case of a letter, that such letter was properly addressed, stamped and placed in the post
and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract,
or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract,
or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under a Contract
that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or
accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period
that the Force Majeure Event continues, and we will have an extension of time for
performance for the duration of that period. We will use our reasonable endeavours
to bring the Force Majeure Event to a close or to find a solution by which our
obligations under the Contract may be performed despite the Force Majeure Event.
- WAIVER
15.1 If we fail, at any time during the term of a Contract, to insist upon
strict performance of any of your obligations under the Contract or any of these
terms and conditions, or if we fail to exercise any of the rights or remedies to
which we are entitled under the Contract, this shall not constitute a waiver of
such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless
it is expressly stated to be a waiver and is communicated to you in writing in accordance
with clause 12 above.
- SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are
determined by any competent authority to be invalid, unlawful or unenforceable
to any extent, such term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred
to in them represent the entire agreement between us in relation to
the subject matter of any Contract and supersede any prior agreement,
understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither
of us has relied on any representation, undertaking or promise given by
the other or be implied from anything said or written in negotiations
between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement
made by the other, whether orally or in writing, prior to the date of any
Contract (unless such untrue statement was made fraudulently) and the other
partys only remedy shall be for breach of contract as provided in these terms and conditions.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions
from time to time to reflect changes in market conditions affecting our
business, changes in technology, changes in payment methods, changes in
relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 We have the right to revise and amend these terms and conditions
from time to time to reflect changes in market conditions affecting our
business, changes in technology, changes in payment methods, changes in
relevant laws and regulatory requirements and changes in our system's capabilities.
- LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law.
Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive
jurisdiction of the courts of England and Wales.
Wizard Bathrooms Ltd.
VAT No. : 144557503
Company No. : 08117737
Registered Office:
Border House, Beaufront Park
Anick Road
Hexham, Northumberland
NE46 4TU, UK