TERMS AND CONDITIONS FOR THESUPPLY OF GOODS AND SERVICES
SHOWERPOWER & VETRO SHOWERS ARE TRADING STYLES OF HOMESIDE SERVICES LIMITED
1.1 The definitions in this clause apply to these Terms:
Force Majeure Event: shall have the meaning given in clause 8.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the Goods or Services as set out overleaf.
Order Confirmation: shall have the meaning set out in clause 2.5.
Services: the services that we are providing to you as set out in the Order.
Terms: the terms and conditions set out in this document.
Writing: or written includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these Terms.
2. BASIS OF SALE
2.1 We consider these Terms, the Order and our price list to set out the whole agreement between you and us for the sale of the Goods and/or supply of the Services, as the case may be. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you sign and submit the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods or Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods or supply of the Services, as the case may be.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of an Order (Order Confirmation); or
(b) we notify you that the Goods are ready, or in the case of Services, that we are able to provide the Services, whichever is the earlier, at which point a contract shall come into existence between us.
2.6 Any quotation for the Goods or Services is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for the period of time stated on it (or, if none is stated, for a period of 90 calendar days from its date of issue), unless we notify you in writing that we have withdrawn it during this period.
2.7 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.8 You may within seven calendar days of placing an Order amend or cancel an Order by providing us with written notice, except in relation to Orders for bespoke goods that are manufactured or customised to your particular requirements, which cannot be cancelled. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
2.9 We have the right to revise and amend these Terms 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. You will be subject to the policies and terms in force at the time that you order the Goods and/or Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. OUR LIABILITY
3.1 Subject to Clauses 3.2 to 3.5 below, we warrant to you that any Goods or Services purchased from us are of satisfactory quality and reasonably fit for all the purposes for which goods or services of the kind are commonly supplied. If you are a consumer, this warranty is in addition to your legal rights in relation to any Goods which are faulty or which otherwise do not comply with these terms, or Services which are not carried out with reasonable skill and care or which otherwise do not conform with the Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
3.2 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, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
3.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods or Services 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.
3.4 This does not exclude or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation;
(d) For any deliberate breaches of the terms by us that would entitle you to terminate the Contract between us; or
(e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
3.5 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, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 3.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 3.1 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 3.5.
3.6 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms.
3.7 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
3.8 These Terms apply to any repaired or replacement Goods or replacement Services we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms, or the original Services do not conform with these Terms.
4. AVAILABILITY AND DELIVERY
4.1 Your order will be fulfilled:
(a) in the case of Goods, by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances; and
(b) in the case of Services, we will supply the Services to you from the date set out in the Order Confirmation or, if no such date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
4.2 In the case of Goods, delivery of the Order shall be completed when we deliver the Goods to you. We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. Please allow extra time for deliveries to the Scottish Highlands and Islands.
4.3 If you fail to take delivery of an Order of Goods, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
(a) we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses and insurance.
(b) we shall have no liability to you for late delivery.
4.4 If we are not able to deliver the whole of the Order for Goods at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.5 In the case of Services, we will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible.
4.6 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Services. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
5. DEFECTIVE GOODS AND RETURNS AND DEFECTIVE SERVICES
5.1 In the unlikely event that the Goods do not conform with these Terms, please let us know as soon as possible after delivery. We will ask you to return the Goods to us at our cost, and once we have checked that the Goods are faulty, we will:
(a) provide you with a full or partial refund; or
(b) replace the Goods; or
(c) repair the Goods.
5.2 In the unlikely event that the Services do not conform with these Terms, please let us know as soon as possible after we have carried them out. We will:
(a) provide you with a full or partial refund, depending on what is reasonable in the circumstances; or
(b) re-perform the Services.
5.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.4 These Terms will apply to any repaired or replacement Goods or replacement Services we supply to you.
6. TITLE AND RISK IN GOODS
6.1 The Goods will be your responsibility from the time of delivery.
6.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
7.2 These prices include VAT. However, if the rate of VAT changes between the date of the 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 the rate of VAT takes effect.
7.3 These prices exclude delivery costs, which will be added to the total amount due.
7.4 It is always possible that, despite our best efforts, some of the Goods or Services we sell may be incorrectly priced. In the case of Goods, we will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you.
the Goods’ 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 Goods, or reject the Order and tell you. In the case of Services, we will normally verify prices before the Service is performed so that, where a Service’s correct price is less than our stated price, we will charge the lower amount when providing the Service to you. If a Service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before performing the Service, or reject your order and notify you of such rejection. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Goods or Services to you at the incorrect (lower) price.
7.5 Unless you are one of our account customers, payment for Goods or Services must be made by credit or debit card. We accept payment with VISA, MasterCard, Electron and Solo cards but we are not able to accept payment with American Express cards. We will charge your credit or debit card when you place your order, at which point we will issue you with an invoice.
7.6 If you are one of our account customers, we will invoice you for the Goods and/or Services when we dispatch your order (in the case of Goods), or in the case of Services, when those Services have been completed, and you must pay the invoice in cleared monies within 30 calendar days of the date of the invoice.
7.7 If you do not make any payment due to us by the due date for payment (as set out in clauses 7.5 and 7.6), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds TSB Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
7.8 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order for Goods or cancel or suspend our performance of the Services or any other outstanding Order for Services until you have paid the outstanding amounts.
7.9 Clauses 7.7 and 7.8 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
8.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
8.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Homeside Services Limited at Unit 4, Russett Place, Kirdford, West Sussex, RH14 0QQ. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
11. DATA PROTECTION
11.1 We will only use the personal information you provide to us to supply the Goods or to provide the Services, or to inform you about similar goods or services which we provide, unless you tell us that you do not want to receive this information. Please see our Privacy statement below for further information.
11.2 If you are an account customer, you acknowledge and agree that we may pass your details to credit reference agencies. Please see our Privacy statement below for further information.
12.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.4 Contracts for the purchase of Goods or Services and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Homeside Services Limited (“we” or “us”) is committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Homeside Services Limited of Homeside House, Alfold Bars, Loxwood, Billingshurst RH14 0QS.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site at [URL] (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to:
- estimate our audience size and usage pattern.
- store information about your preferences, and so allow us to customise our site according to your individual interests.
- speed up your searches.
- recognise you when you return to our site.
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site, and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Homeside Services Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.