Terms and Conditions
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order with us you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Gainsborough Bathroom Products and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Returns policy
Showers and spare parts can be returned within 10 working days of receipt of goods as long as they are unused and in their original packaging. After this time we reserve the right not to accept returns.
Please post the item to the following address ensuring you supply your name, address and contact number so we can organise a refund.
Gainsborough Bathroom Products Limited
C/O Aqualisa Products Limited
The Flyers Way
Westerham
Kent
TN16 1DE
You will receive a full refund within 30 days. You will be responsible for the cost of return to us unless the item is faulty, was sent to you in error or a substitute product was supplied.
If you have experienced a fault after the item has been used or outside of this 10 working day cooling off period, please call our customer services team for advice on 01959 560760.
Pricing policy
We do our best to ensure that prices are correctly shown on our website, but very occasionally a price may be displayed incorrectly. If this should occur we will contact you to confirm if you wish to continue with the purchase at the correct price. If we are unable to contact you we shall cancel the order and send you notification of the cancellation.
Contract creation and electronic contracting
You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Gainsborough Bathroom Products.
As your product is shipped from our warehouse we will send you a despatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.
If you require any information regarding orders you have placed with Gainsborough Bathroom Products please write to us at the following address:
Gainsborough Bathroom Products Limited
Westerham Trade Centre
The Flyers Way
Westerham
Kent
TN16 1DE
Contract cancellation
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than 10 working days after the day on which you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been dispatched please follow the procedure set out in our Returns procedure.
Product suitability
Our showers are intended for domestic use only. Using a shower in a commercial environment will invalidate the shower’s warranty.
Purchases
When you place an order we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.
Our rights
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Definitions
"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Gainsborough Bathroom Products Limited ; "Website" means the website located at www.gainsboroughshowers.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.
Questions about the Terms and Conditions
Before you place an order, if you have any questions relating to these terms and conditions please contact our Sales Helpdesk by email [email protected], or call us on 01909 471750 between 8.00am and 5.00pm Monday to Friday (excluding Bank Holidays).
Please note that all calls will be recorded for quality monitoring and training purposes.
Registering on our website
By registering on our website you warrant that the Personal Information which you provide is true, accurate, current and complete in all respects.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Access to the website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Substitue Items
If the product you ordered is unavailable we may supply an alternative item in its place. If you are not satisfied with the substitute product you can return it within 8 working days of receipt as long as it is unused.
The cost of returning a substitute product will be met by Gainsborough Showers.