Terms & Conditions of Sale
THESE TERMS MAY HAVE CHANGED SINCE YOU LAST REVIEWED THEM. PLEASE REVIEW THEM CAREFULLY AND ENSURE THEY ARE UNDERSTOOD BY ALL RELEVANT PARTIES.
|
Summary of your key legal rights |
|
FOR CONSUMERS ONLY: This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website (www.citizensadvice.org.uk). For online purchases that are not bespoke or made-to-order products, you have a legal right to change your mind within 14 days from the date you received the product. This is known as the “Cooling-off Period” (see clauses 5.3, 5.4, 5.5 and 5.6 below). You will get a refund provided the product is not damaged or has wear and tear (see clause 5.12). IMPORTANT: What we charge for collection. If you cancel the contract within the Cooling-Off-Period, you pay the costs of return. We may collect the goods, and you hereby agree to bear the costs of us collecting the goods (see clause 5.10). Delivery restriction: We do not deliver outside the UK (see clause 6.13). Methods of payment: We accept payment with most credit or debit cards, Google Pay, Apple Pay, Shop Pay or PayPal (see clause 3.1). |
|
Key points to note In these terms, if we use the words including, include, in particular, for example or any similar expression, then we are giving examples. These words shall not limit the sense of the words, description, definition, phrase or terms that follow these words. If you have any questions about these terms and conditions – please contact us at www.envybathrooms.co.uk before you accept these terms. |
|
Key Clauses under this Agreement You must review and understand all of the provisions under this agreement, however please pay particular attention to the following clauses: a) Clause 8.1 - our rights to end the contract b) Clause 6 – delivery terms, transfer of risk and title c) Clause 10 – limitation of liability d) Clause 11 – our privacy policy |
1. Introduction
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and/or we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or they require any changes, please contact us to discuss.
1.3 Where to find information about us and our products
1.3.1 Who we are. We are Envy Bathrooms Ltd, a limited liability company with company number 12996559 and registered address at Unit 11 The Old Cart Shed, Eastover Farm, Abbotts Ann, Hampshire, United Kingdom, SP117BT.
1.3.2 How to contact us. You can contact us using any of the contact details below:
1.3.2.1 Our contact details are as follows:
Email address: sales@envybathrooms.com
Telephone number: 01264568700
Website: www.envybathrooms.co.uk
1.3.3 You can find everything you need to know about us, Envy Bathrooms Ltd, and our products on our website or from our sales staff before you order.
1.3.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2.1 How we will accept your order. Our acceptance of your order will take place either when we email you to accept it or once the order via our website has been completed and you receive a confirmation of such completion, at which point in each case a contract will come into existence between you and us.
2.2 Your order via our website is complete when you have successfully provided your payment information, information for collection or delivery and received a confirmation from us that your purchase has been processed and is completed.
2.3 We only accept orders when we have checked them. We contact you to confirm we have received your order and to confirm we have accepted it.
2.4 If we cannot accept your order. If we are unable to accept your order, you will be notified via our website, or we will inform you of this in writing and will not charge you for the product or we will return to you any payments made for the relevant order. This might be because: a product is unexpectedly out of stock, we have identified an error in the price or description of the product, we are unable to meet a delivery deadline you have specified, you are located outside the UK, your payment has failed because you have not provided us with the required information to process, unexpected limits on our resources which we could not reasonably plan for, or a credit reference we have obtained for you does not meet our minimum requirements.
2.5 We sell to the UK. Our website is solely for the promotion of our products in the UK. Unless we agree otherwise in writing we will not supply any products to any location outside of the UK.
2.6 We do not give business customers all the same rights as consumers. For example, business customers cannot cancel their orders, they have different rights where there is a problem with a product and we do not compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
2.7 When you buy from us you are agreeing that:
2.7.1 we only accept orders when we have checked them;
2.7.2 sometimes we reject orders;
2.7.3 we charge you when you order;
2.7.4 we pass on increases in VAT;
2.7.5 we are not responsible for delays outside our control;
2.7.6 products can vary slightly from their pictures;
2.7.7 you are responsible for making sure your measurements are accurate;
2.7.8 if you bought online, you have a legal right to change your mind plus extra rights under the manufacturer’s guarantees;
2.7.9 you can end an on-going contract (find out how);
2.7.10 you have rights if there is something wrong with your product;
2.7.11 we can change these terms;
2.7.12 we can withdraw products;
2.7.13 we can end our contract with you;
2.7.14 we do not compensate you for all losses caused by us or our products;
2.7.15 we use your personal data as set out in our Privacy Notice;
2.7.16 you have several options for resolving disputes with us; and
2.7.17 other important terms apply to our contract.
2.8 If you are a business customer, this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
3. Payment
3.1 How to pay. You can pay for the products using a debit card or credit card. We accept the following cards and payment methods:
· Visa;
· Mastercard;
· Shop Pay;
· Google Pay;
· Apple Pay; or
· PayPal.
3.2 Payment for the products and all applicable delivery charges is in advance. For information on the prices of goods and delivery charges see clause 5.177.
3.3 When you own the products. You own the product once we have completed delivery of the product, and you have paid for them in full (see clause 6.5).
3.4 If you are a business customer you have no set-off rights. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
3.5 We pass on increases in VAT. If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
4. Delivery
4.1 If you have opted for a delivery from Envy Bathrooms, home deliveries are made between 7am and 8pm. Delivery times displayed in your confirmation of your order are calculated in working days i.e. Monday to Friday inclusive, but excluding bank holidays. Delivery is kerbside only, the driver is not insured to take the goods inside your property.
4.2 While many of our products will come in one delivery, we do work with some trusted suppliers to deliver goods direct to our customers. This will mean that if you order multiple brands, you may receive more than one delivery. However, you will only be charged one fee. This fee will be stated at checkout before you complete your order with us.
4.3 If an order has been sent to you in error, we will make all necessary arrangements to collect the items. Failure to allow us collection in a reasonable timeframe will result in an invoice for the items in your possession. In the absence of receiving payment, we will commence proceedings to recover any monies owed.
4.4 We recommend that you do not confirm the start date with your installer until you have received and checked your delivery. Envy will not accept liability for any additional costs that you incur as a result of you booking an installer prior to receiving and checking your goods and while any product issues are resolved. We cannot offer refunds on products that have already been installed.
5. Our products
5.1 Products can vary slightly from their pictures. A product's true colour may not exactly match that shown on your device or in our marketing and/or its packaging may be slightly different. The sizes, weights, capacities, dimensions and measurements of our products indicated on our website are based on the information provided by the manufacturer on which we rely on.
5.2 You are responsible for making sure your measurements are accurate. If your order is a Special Order (see clause 5.4.1) or we are supplying the product to measurements, you provide:
5.2.1 You are responsible for making sure those measurements are correct. Find information and tips on how to measure on our website or contact our Customer Service Team on 01264568700 or at www.envybathrooms.co.uk .
5.2.2 If the measurements change where we are not at fault or we are not made aware of any such changes or you provide the incorrect measurements, you will not be able to reject or cancel the order as a result of this, unless one of your other rights to reject or cancel exists as set out in this contract.
5.3 If you are a consumer and you bought online, you have a legal right to change your mind plus extra rights under manufacturer’s guarantees.
For most of our products bought online you have a legal right to change your mind about your purchase and receive a refund of what you paid for the item. This is subject to some conditions, as set out below:
5.3.1 14 days to change your mind online only; and
5.3.2 you pay costs of return.
5.3.3 Refund excludes delivery costs if delivery has already taken place.
No exchanges. If you are a consumer and have the right to change your mind during the 14 day Cooling-Off Period, we do not offer the right to exchange any products purchased for other products when you exercise this right. Your rights are limited to a refund as set out in these terms.
5.4 When the 14 day Cooling-off Period does not apply. The 14 day Cooling-off Period does not apply to certain products and therefore you are unable to claim a refund within the initial 14 day Cooling-off Period for certain products, including:
5.4.1 products that are bespoke and made to your specifications which we cannot resell (Special Order); and/or
5.4.2 products that are sealed for health protection, sanitary or hygiene reasons, once these have been unsealed after you receive them and opened their original packaging.
5.5 The deadline for changing your mind. If you change your mind about a product, you must let us know no later than 14 days after the day we deliver your product (see clause 6.4).
5.6 How to let us know. To let us know you want to change your mind, please fill in the online returns form at https://envybathrooms.co.uk/pages/returns-policy
5.7 You have to return the product at your own cost. As your product is goods, you have to return it to us within 14 days of your telling us you have changed your mind. You must ensure that the order number if clearly visible on the outside of the packaging without damaging the packing itself. You can:
5.7.1 bring the product to one of our stores (find the one nearest to you by contacting our Customer Service Team: www.envybathrooms.co.uk. You will need proof of purchase and the card you paid with. Our opening times for returns are 9am-3pm Monday to Friday (excluding bank and public holidays).
5.7.2 send the product back to us, using an established delivery service. You are required to take reasonable steps to ensure that the goods are returned without damage or destruction to either the goods or their packaging. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you do not do this and we do not receive the goods at all or within a reasonable time we will not refund you the price. Where the products have been returned in compliance with the requirements of this clause, we will refund the price of the products to the credit card or debit card used to pay subject to any deduction and other charges (as applicable). If the products or packaging are damaged or otherwise don’t comply with the requirements of this clause then no refund will be due. You may be required to pay the costs to us of returning the products to you. For help with returns, and our collection arrangements for goods which cannot be posted, see our Returns Process at https://envybathrooms.co.uk/pages/returns-policy or contact our Customer Service Team at www.envybathrooms.co.uk.
5.7.3 where we agree to do so, allow for us to collect the products subject to our fees set out in clause 5.10.
5.8 We can collect the products. If you inform us that you want to return the products, we may at our discretion arrange to collect the products from you no later than 30 days after you notify us (this time frame is subject to any changes that we may make depending on the next available route to the location) at our fee (see clause 5.10). Collection would be at the original delivery location and at an agreed collection day and time (the Collection Date). You must be available on the Collection Date.
5.9 If you will not be available during the agreed collection day and time for collection, you must immediately notify us no later than 3 days before the Collection Date and provide us with:
· details of an alternative day and time for collection; or
· details of any authorised person who will be available to deliver the product to us on the Collection Date.
If you fail to notify us in accordance with clause 5.9 we may charge you additional fees for the cost of collecting the product.
5.10 Our standard fees for collection, subject to an additional fee, that may apply under clause 5.10 are:
· Taps/Showers - £19.99
· Shower Trays - £49.99
· Furniture/Ceramics - £44.99
· Baths - £49.99
· Freestanding Baths £85.00
· Enclosures/Glass - £59.99
· Bath panels - £24.99
5.11 Returns are made for the items only, excluding delivery costs assuming delivery has previously taken place.
5.12 We may refuse a refund if you have used or damaged a product. We will inspect all returned goods. If product-branded packaging is damaged, or accessories are missing, or we find you have installed or used the item, then a refund will be refused and your item will remain in the warehouse for your collection.
5.13 When and how we refund you. We process refunds within 2 working days of receiving or collecting the returned item(s) back into our warehouse following inspection. Bank processing times may vary but this should typically take 3-5 working days for funds to appear back to the original payment method.
5.14 Subject to your rights in clause 5.16 and without affecting any of your other rights, we require you to inform us within 48 hours of delivery if you notice something wrong with your product, along with providing photos of the product and the relevant issue, to enable us to contact the manufacturers or the carrier.
5.15 You should inspect the products immediately upon arrival at the delivery location.
5.16 If you are consumer, you have rights if there is something wrong with your product. You have the rights as set out below:
5.16.1 You can reject the product within 30 days of delivery and claim a refund subject to clause 5.16.7.
5.16.2 You have an option to request a repair or replacement if the product is faulty, but you must first give us this opportunity if you report the fault after the first 30 days of delivery up to six month or longer. This period is called the waiting period. The waiting period:
5.16.2.1 begins the day you request or agree to the repair or replacement of the goods; and
5.16.2.2 ends with the day on which you receive the product supplied by us in response to your request.
5.16.3 If the product we supplied in response to clause 5.16.2 still do not conform or are faulty, you can reject the product within 7 days after the waiting period or if later, the 30 days limit of exercising your right to reject extended by the waiting period.
5.16.4 If the product is faulty, you should not claim a charge back with your credit or debit card provider without first exercising your rights in clause 5.16.1 and 5.16.2.
5.16.5 If you exercise your rights under clause 5.16.2, we will repair or replace the product:
5.16.5.1 within a reasonable time and without significant inconvenience to you; and
5.16.5.2 bear any necessary costs incurred in doing so.
5.16.6 You may be entitled to a final right to reject if we are unable to meet your request with respect to the exercise of your rights in clause 5.16.2. You cannot exercise your rights under this clause 5.16.6 unless you have first given us the option to repair and replace under clause 5.16.2.
5.16.7 We will not be liable , and you cannot exercise your rights under clause 5.16.2 and 5.16.6 if:
5.16.7.1 damage to the products was caused or arises after delivery or collection other than as a result of our fault in unloading the product or the product themselves (see clause 6.8);
5.16.7.2 you simply change your mind about not wanting the products after the date required to inform us under clause 5.3.
5.16.7.3 damage is caused by fair wear and tear or wilful damage or neglect;
5.16.7.4 damage resulted from use or misuse of the products or for a purpose for which they are not suitable for;
5.16.7.5 you make any further use of such product after telling us it is non-compliant;
5.16.7.6 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
5.16.7.7 you alter or repair the product without our written consent;
5.16.7.8 damage is caused by any party not appointed by us;
5.16.7.9 damage is cause by anything supplied by any third party by connection to any thing or person not expressly authorised by us; or
5.16.7.10 it would be impossible or disproportionate compared to the other remedies you have under this contract.
5.17 Damaged goods reported within 48 hours. If you think there is something wrong with your product under clause 5.14, you can bring it into one of our stores or contact our Customer Service Team at sales@envybathrooms.com with images of the issue. We will bear the cost of collection or return (unless the circumstances in 5.9 apply, in which case you will then be charged for any subsequent attempts to collect in line with the fees set out in clause 5.10 and unless the product is not faulty, or it is a fault for which we are not liable, in which case you will reimburse our costs of collection) and is subject to the timeline for collection at clause 5.8. If we issue a replacement for a faulty product and you fail within a reasonable time to return the faulty product or allow us to collect it, then you will be charged for the replacement product at the price stated on the website at the time of your purchase.
5.171 You agree to indemnify us in full for any losses we suffer because of your failure to notify us within 48 hours. We will not take responsibility for any loss or damage of the product whilst in your possession after this period.
5.172 Where an item is being replaced by Envy, we will confirm if the damaged goods will need to be collected, or if they are to be disposed of.
5.173 Any items that are reported as faulty or damaged that are not returned to us when the replacement item has been delivered to you, will be charged at the price stated on the website at the time of your purchase. Failure to return the item or pay will result in further action taken.
5.174 Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. If you have any questions about your legal rights, we recommend that you visit the Citizens Advice website (www.citizensadvice.org.uk).
5.175 Manufacturer’s warranty. In addition to your rights to cancel or reject, our products come with the benefit of a manufacturer’s warranty which is subject to the terms of the relevant warranty. Warranties excludes faults caused by accident, neglect improper installation, damage during installation, misue or normal wear and tear. Please contact us at www.envybathrooms.co.uk if you believe you have a claim under the warranty, and we will advise on next steps.
You must not claim a chargeback with your credit or debit card provider if you believe you have a faulty product.
Unless you are a consumer and have a right to a replacement as described above, where you are entitled to a replacement under the manufacturer’s warranty the replacements will be made available for collection. If you would like us to deliver the replacement to you then delivery charges may apply.
5.176 Changes we can always make. We can always change a product and these terms:
5.176.1 to reflect changes in relevant laws and regulatory requirements; and
5.176.2 to make minor technical adjustments and improvement.
5.177 Price of goods and delivery charges
5.177.1 The prices of the goods will be quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However, please see clause 5.177.5 for what happens if we discover an error in the price of goods you ordered.
5.177.2 Prices for our goods may change from time to time but changes will not affect any order you have placed which we have accepted.
5.177.3 The price of goods includes VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the goods in full before the change in VAT takes effect.
5.177.4 The price of the goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process and after entering your relevant delivery details (including your postcode), before you confirm your order. Our delivery charges vary depending on the type of delivery, the delivery company selected and your delivery location.
5.177.5 We sell a large number of goods through our site. It is always possible that, despite our reasonable efforts, some of the goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
5.177.5.1 where the goods' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the goods to you; and
5.177.5.2 if we discover an error in the price of the goods you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the goods and refund you any sums you have paid.
6. Delivery, Transfer of Risk and Title
6.1 We will contact you with an estimated delivery date, which will depend on your delivery location and whether you have elected for us to deliver or the manufacturer to deliver directly to you but may range from 1-7 business days after the date on which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an event outside our control as set out in clause 9.1.
6.2 Delivery of the product shall be:
6.2.1 to the location set out in the order or such other location as the parties may agree (Delivery Location) at any time after we notify you that the products are ready for delivery.
6.2.2 are ready for delivery.
6.3 Your option to collection. You have the option at checkout to collect the products from our showroom at The Old Cart Shed, Eastover Farm, Salisbury Road, Abbotts Ann, SP11 7BT or such other location as may be agreed with you before collection within 5 business days of us notifying you that the products are ready.
6.4 When is delivery of the goods completed? Delivery is completed when the product is unloaded at the address for delivery set out in your order or collected by you or by a carrier organised by you to collect them from us (being the point where the products come into your physical possession, or a person identified by you to accept the goods). You should inspect the products immediately upon the goods arrival at the delivery location.
6.5 Risk in the products shall pass to you on completion of delivery.
6.6 To facilitate the safe and efficient delivery of the product, you must:
6.6.1 specify a delivery address at the point of your order; and
6.6.2 ensure you or someone authorised by you is available on the date of the delivery to take delivery of the products;
6.6.3 if you are unable to comply with clauses 6.6.1 and 6.6.2, to immediately notify us no later than 1 business day before the delivery date and:
6.6.3.1 provide us with details of an alternative location or a safe place for delivery; or
6.6.3.2 request to re-arrange the delivery, in which case we will notify you of the next available delivery date.
6.6.4 if you have provided us with a specified delivery location under clause 6.6.1, we may not agree to deliver to that location and we will inform you in writing. You will have the option to cancel the order or provide an alternative location.
6.6.5 if you opt for us to deliver to a safe place, you are responsible for ensuring that the safe place you have notified us to deliver your order to is ‘safe’ and you accept the risk if the product is stolen, lost or damaged after delivery.
6.7 We can charge you if you do not give us the information we need. We charge you additional sums to deliver the products after our first attempt (Re-delivery Fee) if you do not provide us with information under clause 6.6 or other information we have asked you about such as how we can access your property for delivery or you fail to take delivery or try to re-arrange delivery on less than one business day notice. For example, we might need to re-deliver on another vehicle or with extra manpower. Where applicable, we may also charge storage fees in the event that goods cannot be delivered due to delays on site caused by you or any third parties. We will inform you of this in writing.
6.8 When you become responsible for the products. A product will be your responsibility from the time when delivery is completed as explained in clause 6.4. Once the products are your responsibility, we are no longer liable if they become lost or stolen. We are also not responsible for any damage to them other than as a result of a fault with the product themselves.
6.9 If you are a business. Any dates quoted for delivery of the product are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the product that is caused by an event outside of our control as stated in clause 9 or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the product.
6.10 If we fail to deliver the goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the goods. However, we will not be liable to the extent that any failure to deliver was caused by an event outside our control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6.11 If you fail to take or accept delivery of the goods on the date we notify you of delivery, then, except where such failure is caused by events outside our control (as stated in clause 9) or our failure to comply with our obligation under the contract in respect of the goods or you have validly re-arranged delivery in accordance with 6.6.3:
6.11.1 delivery of the goods shall be deemed to have been completed at 9:00am and on the 5th business day after the day on which we notified you that the goods were ready; and
6.11.2 we shall store the goods until actual delivery takes place and shall without limiting our rights to be entitled to charge you for all related costs and expenses such as storage cost and Re-delivery Fee (including insurance).
6.12 If you fail to take delivery of or collect the products within 30 days after the day on which we have notified you that the goods were ready for delivery or collection:
6.12.1 We may charge you for any expenses we incur in respect of storing the products and/or
6.12.2 we may resell part of, or all the goods. We will repay you the price you paid for the goods after deducting reasonable storage, insurance and selling costs and any shortfall between the resale price and the price you paid for the goods.
6.13 We do not deliver to addresses outside the UK. You may place an order for goods from outside the UK, but this order must be for delivery to an address in the UK.
7. Our warranty for the goods if you are a business:
7.1 The goods are intended for use only in the UK. We do not warrant that the goods comply with the laws or regulation standards outside the UK.
7.2 Your rights if you are a business. We warrant that on delivery any products which are goods shall:
7.2.1 conform with their description and any relevant specification;
7.2.2 be free from material defects in design, material and workmanship; and
7.2.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
7.3 Your remedies if you are a business. Unless an exception applies (see clause 7.4) if:
7.3.1 you give us notice in writing within 48 hours of discovery that a product does not comply with the business customer warranty;
7.3.2 we are given a reasonable opportunity of examining such product; and
7.3.3 you return such product to us at your cost.
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this shall be a sole remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
If we inspect the product and the defect is not one for which we are responsible, we will notify you of our decision under this clause 7.3.
7.4 Exception. We will not be liable for a product's failure to comply with the business customer warranty if:
7.4.1 you make any further use of such product after telling us it is non-compliant; or
7.4.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice; or
7.4.3 the defect arises because we followed any drawing, design or specification supplied by you; or
7.4.4 you alter or repair the product without our written consent; or
7.4.5 the defect arises because of fair wear and tear, wilful damage, neglect, negligence, or abnormal working conditions; or
7.4.6 damage occurs during installation where not undertaken by us; or
7.4.7 damage is caused by any party not appointed by us; or
7.4.8 damage is cause by anything supplied by any third party in connection to any thing or person not expressly authorised by us; or
7.4.9 the product is used in combination with any products not approved by us; or
7.4.10 damage caused after delivery; or
7.4.11 damage is caused by any other matter beyond our control as set out in clause 9.1.
7.5 If we allow a return when you don’t have a legal or contractual right to do so. If we agree at our discretion to allow you to cancel your order, and we accept a return other than where you don’t have a legal or contractual right to do so, we can charge a restocking fee (which we will advise you of at the relevant time) and any costs of collecting the products if we agree to do so. If we don’t agree to collect you must return them at your own cost and risk and they must be returned in a resalable condition (including without any damage to the product, and without the packaging having been damaged, defaced, opened or written on). Where the products have been returned in compliance with the requirements of this clause, we will refund the price of the products to the credit card or debit card used to pay subject to any deduction and other charges (as applicable). If the products or packaging are damaged or otherwise don’t comply with the requirements of this clause then no refund will be due. You may be required to pay the costs to us of returning the products to you. If you have any concerns, please contact our Customer Service Team at sales@envybathrooms.com.
8.1 We can end our contract with you. We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:
8.1.1 you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or
8.1.2 you do not, within a reasonable time, either allow us to deliver the product to you or collect it from us on the agreed day for collection which we have notified you that the goods were ready for collection then (unless the product is made to your specifications or is clearly personalised) we treat your order as cancelled.
8.2 If you are a business
8.2.1 Without affecting any of our other rights, we may suspend the supply or delivery of the goods to you, or terminate the contract with immediate effect by giving written notice to you if:
8.2.1.1 you fail to pay any amount due for your order on the due date for payment;
8.2.1.2 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
8.2.1.3 your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under this contract has been placed in jeopardy.
8.3 Termination of the contract shall not affect your or our rights and remedies that have accrued as at termination.
8.4 Any provisions of the contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
9.1 We are not responsible for delays outside our control. If our supply of your product is delayed or we breach or fail to comply with any other duty or obligation under this terms which is caused or contributed to by an event outside our control, including but not limited to supply chain delays, we will contact you as soon as reasonably possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but you can contact us at www.envybathrooms.co.uk to end the contract and receive a refund for any products you have paid for in advance but not received.
9.2.1 Our obligations under this agreement will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of goods to you, we will arrange a new delivery with you after the date of the event outside our control is over.
9.2.2 You may cancel the order affected by an event outside our control which has continued for more than 20 business days. To cancel please contact us at www.envybathrooms.co.uk. If you opt to cancel, you will return (at our cost) any relevant goods you have already received and we will refund the price you had paid for the goods.
10.1.1 References to liability in this clause 10 includes every kind of liability arising under or in connection with the contract including but not limited to liability in contract, tort, (including negligence), misrepresentation, restitution or otherwise.
10.1.2 Except in respect of the losses described in clause 10.3:
10.1.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, business opportunity, anticipated savings, goodwill or any indirect or consequential loss arising under or in connection with any contract between us; and
10.1.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price of the goods you have purchased.
10.1.3 No implied terms about goods. Except to the extent expressly stated in clause 7.2, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
10.2 If you are a consumer.
We are not responsible for losses you suffer caused by us breaking this contract unless if the loss is:
10.2.1 unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
10.2.2 caused by a delaying event outside our control. As long as we have taken the steps set out in clause 9, we are not responsible for delays outside our control.
10.2.3 avoidable. It was something you could have avoided by taking reasonable action. For example, damage to the products which you could have avoided by correctly following the installation instructions.
Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in clause 10.1.
10.3 Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
10.3.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
10.3.4 defective products under the Consumer Protection Act 1987; or
10.3.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
11.1 How we use any personal data you give us is set out in our Privacy Notice. We will use any personal information you provide to us to:
11.1.1 provide the goods;
11.1.2 process your payment for the goods; and
11.1.3 inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
11.2 We will process your personal information in accordance with our Privacy Policy
11.3 If you are a business
11.3.1 “Controller”, “personal data” and “process” has the meaning as set out in the Data Protection Legislation.
11.3.2 “Data Protection Legislation” means:
11.3.2.1 to the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.
11.3.2.2 to the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which the party is subject, which relates to the protection of personal data.
11.3.4 Each party acknowledges that for the purposes of the Data Protection Legislation, each of them shall act as a data controller of any personal data provided to it by the other under or in connection with this contract.
11.3.5 Each party shall comply with all obligations, responsibilities and duties imposed on it by the Data Protection Legislation in respect of any personal data which it passes to the other in connection with the terms of this contract.
11.3.6 In respect of any personal data provided to a party by the other, the disclosing party:
11.3.6.1 warrants, represents and undertakes that it is entitled to lawfully transfer the relevant personal data to the receiving party so that the receiving party may lawfully use and process the relevant personal data for the purpose of performing its obligations and enjoying its rights under this contract;
11.3.6.2 shall comply with all duties, obligations and restrictions imposed on it by the Data Protection Legislation in respect of the transfer of such personal data to the receiving party; and
11.3.6.3 not by any act or omission in respect of such personal data cause the receiving party to be in breach of or not fully compliant with the Data Protection Legislation.
12. Complaints and Disputes
12.1 You have several options for resolving disputes with us.
12.1.1 Our complaints policy. Our Customer Service Team: www.envybathrooms.co.uk will do their best to resolve any problems you have with us or our products as per our Complaints policy: https://envybathrooms.co.uk/pages/contact-us.
12.1.2 Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to Citizens Advice through their website at (www.citizensadvice.org.uk). Citizens Advice does not charge you for making a complaint and if you are not satisfied with the outcome, you can still go to court.
12.1.3 You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
13. Other important terms apply to our contract
13.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We will tell you in writing if this happens and if you are a consumer we will ensure that the transfer will not affect your rights under the contract. If you are a consumer and you are unhappy with the transfer, you can contact our Customer Service Team: www.envybathrooms.co.uk to end the contract between 9am-3pm within 5 business days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
13.2 You can only transfer your contract with us to someone else if we agree to this. If you are a consumer we may not agree if the person to whom the transfer is made to is unable to fulfil or comply with the obligations of this contract, for example because they are bankrupt or under any exclusions. We can require the new owner to prove you transferred the product to them, for example by written evidence of your transfer to them. If you are a business, you need our agreement to transfer your contract with us and it is entirely up to us whether we give it.
13.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
13.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.
14. Disclaimer
14.1 Envy Bathrooms Ltd are not technical experts in the field of heating, plumbing or bathroom installation. For all technical queries regarding products, Envy staff are instructed to obtain the requested information from the Manufacturer. Envy is not liable for any information they give.