Terms & Conditions
1. FORMAT OF THE CONTRACT
1.1 These terms of sale apply to all goods
supplied by The Whirlpool Bath Shop
1.2 No contract exists between you and the supplier for the sale of any goods
until the supplier has received and accepted your order and the supplier has
received payment in full in cleared funds. Once the supplier does so, there is a
binding legal contract between us.
1.3 The supplier may change these terms at anytime without notice to you in
relation to any future orders.
2. DESCRIPTION AND PRICE OF GOODS
2.1 The description and price of the goods you
order will be as shown in our ebay store at the time you place your
2.2 Every effort is made to ensure that the prices shown on in our eBay store are accurate at the time you place your order. If an error is found, the
supplier will inform you as soon as possible and offer the option of
reconfirming your order at the correct price or cancelling your order.
3.1 Payment for the goods and delivery charges
can be made by any method shown on the suppliers website at the time you place
your order. Payment shall be due before the delivery date and time for payment
shall be a fundamental term of this agreement, breach of which shall entitle the
supplier to terminate the contact immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you
have a valid court order requiring an amount equal to such deduction to be paid
by the supplier immediately.
4.1 The goods you order will be delivered to the
address you give when you place your order, if using Paypal to pay we will only
deliver to the registered Paypal address held on file, this will be determined
48 hours before delivery. There are no circumstances that will override this, it
is your responsibility to ensure your address is correct and current.
4.2 If delivery cannot be made to your address on the booking day you will be
responsible for a rebooking charge; as a guide this is usually £51.70 though it
may vary depending on your postcode; you will be informed of the charge before
re-delivery is attempted.
4.3 Every effort will be made to deliver the goods as soon as possible after
your order has been accepted. However, the supplier will not be liable for any
loss or damage suffered by you through reasonable or unavoidable delay in
delivery. In this case, the supplier will inform you as soon as possible.
4.4 Upon receipt of your order you will be asked to sign for the goods received
in good condition, you must check the delivery before signing - if it is damaged
do not sign for the goods. Failure to do so my affect any warranty claims that
you make thereafter. No Claims for missing goods will be entertained once 72
hours have passed from time & date of signing for goods, it is your
responsibility to check pallet to ensure all items are correct and present.
5. RISK / TITLE
5.1 The goods are at your own risk from the time
5.2 Ownership of the goods shall not pass to you until the supplier has received
in full (in cash or cleared funds) all sums due to it in respect of: 5.2.1 the
goods, and 5.2.2 all other sums which are or which become due to the supplier
from you on any account.
5.3 The supplier shall be entitled to recover payment for the goods even though
ownership of the goods has not passed from the supplier.
6. YOUR RIGHT OF CANCELLATION
6.1 Except in case of the faulty or misdescribed
goods, if you exercise your right of cancellation after the goods have been
delivered to you, you will be responsible for returning the goods to the suppler
at your own cost. In the case of faulty or misdiscribed goods we shall, after
receiving notification of either collect the goods from you or ask you to return
the goods yourself and refund you the reasonable postage costs.
6.2 Bespoke goods made to your specifications such as whirlpool baths with jets
placed in certain areas or controls placed to your specification) cannot be
returned unless misdescribed. It is therefore important you make absolutely sure
that the item matches the correct dimensions and specifications you require.
6.3 Once you have notified the supplier that you are cancelling the contract,
the supplier will refund or re-credit you within 30 days for any sum that has
been paid by you or debited from your credit for the goods.
6.4 Except in the case of faulty or misdescribed goods, if you do not return the
goods as required, the suppler may charge you a sum not exceeding the direct
costs of recovering the goods.
7.1 All goods supplied by the supplier are
warranted free from defects for 12 months from the date of supply (unless
otherwise stated). This warranty does not affect your statutory rights as a
7.2 This warranty does not apply to any defect in the goods arising from fair
wear and tear, wilful damage, accident, negligence by you or any third party,
use otherwise that as recommended by the supplier, failure to follow the
suppliers instructions, or any alteration or repair carried out without the
7.3 If the goods supplied by the supplied to you are damaged on delivery, you
should notify the supplier in writing via email or fax within 24 hours.
8. LIMITATION OF LIABILITY
8.1 Subject to 8.2 below, if you are a consumer
the supplier shall not be liable to you for any loss or damage in circumstances
where: 8.1.1 there is no breach of a legal duty owed to you by the supplier or
by its employees or agents; 8.1.2 such loss or damage is not a reasonably
foreseeable result of any such breach; 8.1.3 any increase in loss or damage
resulting from breach by you of any term of this contract. 8.2 Nothing in these
conditions excludes or limits the liability of the suppler for death or personal
injury caused by suppliers negligence or fraudulent misrepresentation.
9. DATA PROTECTION
The supplier will take all reasonable precautions
to keep the details of your order and payment secure but unless the supplier is
negligent, the suppler will not be liable for unauthorised access to information
supplied by you.
Product images are for illustrative purposes only
and may differ from the actual product.
THESE TERMS OF SALE AND THE SUPPLY OF THE GOODS
WILL BE SUBJECT TO ENGLISH LAW AND THE ENGLISH COURTS WILL HAVE JURISDICTION IN
RESPECT OF ANY DISPUTE ARISING FROM THE CONTRACT.