These Terms and Conditions of Sale (“Terms”) are for our retail customers only and apply to all transactions for the sale of goods in our showrooms. Different terms are applicable to customers who purchase via the internet/mail order.
Please read these Terms carefully. They do not affect your statutory rights.
We may change these Terms and reserve the right to amend these Terms at any time without prior notification.
Tubs & Loos Limited is registered in England and Wales under Company Number: 3871562 and our registered office is at 200 Wilmslow Road, Heald Green, Cheadle, Cheshire, SK8 3BH. Our VAT registration number is 343663845.
1.1 In these terms:
“Contract” means any contract for the sale of the Goods made between you and the Company incorporating these conditions;
“Goods” means the package goods agreed in the Contract which we shall supply in accordance with these Terms;
“Terms” means the Terms and Conditions of Sale set out below including any special terms and conditions agreed in writing by us;
“We” means Tubs & Loos Limited;
“You” means the customer seeking to purchase the goods from us and Your shall be construed accordingly
2.1 The price of the Goods shall be the price given on the date of purchase of the Goods and will be confirmed on your invoice.
2.2 We reserve the right to vary our prices before or after a quotation for the price of the Goods is given and/or prior to the purchase of any of the Goods.
2.3 All our prices include any VAT payable but exclude the delivery charges.
2.4 The price for the Goods shall be exclusive of all costs or charges in relation to the packaging, loading, unloading, carriage and insurance (if applicable), and are all amounts you shall pay in addition to the price payable for the Goods
3.1 You shall pay for the Goods in store in full either at the time you have purchased the Goods or, if a deposit has been paid, then the balance is paid on or before delivery being made. Should cleared funds not be received 5 days prior to delivery being made or on the date of the delivery, the delivery shall be cancelled and rescheduled (if applicable).
3.2 Any outstanding balances must be settled either before or on delivery. No items can be delivered without full and final payment.
3.3 If you wish to pay for any Goods by cheque, we must receive payment 10 days before delivery to allow adequate time for the cheque to clear.
3.4 Credit Cards must be handed to our driver at the time of delivery. We are unable to accept Credit Cards, if the cardholder is not present.
3.5 If you fail to pay to us any sum due pursuant to the Contract, you shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 2% above the base lending rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment.
4.1 Delivery will be free on orders of £500 or above within a designated area.
4.2 Home deliveries will be made between 10.00am and 4.00pm Monday to Friday. We shall contact you to arrange a convenient delivery date when the Goods and your order is finalised at our warehouse. However, please note specific delivery times cannot be given.
4.3 All delivery times quoted by our staff to the customer are based on that confirmed to us by our supplier/manufacturer. These dates are as accurate as possible and can not be guaranteed.
4.4 If required by you then part deliveries can be made by us, however any part deliveries made may incur a delivery charge (at our discretion).
4.5 Please note that our driver's shall only take the Goods into the designated property and are not insured to carry any items upstairs.
4.6 You shall be responsible for making all necessary arrangements to take collection of the Goods. Any specific or exceptional delivery requirements should be agreed in store at the point of purchase or when we contact you in accordance with clause 4.2. Please ensure if there are any access issues to your property or any other special delivery requirements, that you have discussed them with the in store sales consultant.
4.7 Please note that all deliveries of cast iron/steel or acrylic baths must be checked on delivery whilst the driver is present
4.8 No liability will be accepted for any claims made for items which are unavailable at time of delivery due to matters beyond our reasonable control.
4.9 We will not accept liability for installers time booked prior to Goods being delivered and we recommend that you do not confirm the start date with your installer until you have received and checked our delivery.
4.10 Should you wish to change your order you should contact us in store immediately in order to enable us to perform the Contract. However should your original Goods have been delivered to our warehouse then a subsequent restocking charge will be applied.
4.11 You agree to accept delivery within 30 days of the point of purchase (unless otherwise agreed). We reserve the right to charge storage costs at the rate of 2% of the total order per month if orders have not been delivered and/or taken by you.
4.12 If for any reason you fail to accept the delivery of any of the Goods when they are ready for delivery, the risk in the Goods shall pass to you and the Company may store the Goods until delivery whereupon you shall be liable for all related costs and expenses (including, without limitation, subsequent delivery charges, storage and insurance).
5.1 The Goods are at your risk from the time of delivery.
5.2 Ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due in respect of the Goods.
5.3 Until ownership of the Goods has passed to you, you shall:
5.3.1 Hold the Goods on a fiduciary basis as our bailee; and
5.3.2 Not destroy, deface or obscure any identifying mark or packaging on or to the Goods; and
5.3.3 Maintain the Goods in a satisfactory condition.
6.1 Warehouse collections can only be made between 9.00am and 5.00pm Monday - Friday.
6.2 Special arrangements can be made for Goods to be collected from our showroom if it is not convenient to collect from our warehouse [and such requests should be made in store].
6.3 All items must be paid for in full prior to collection from our warehouse.
7.1 Our returns policy is in addition to your legal rights.
7.2 Goods which are made to measure, cut or made to your requirements (“Special Orders”) cannot be exchanged, returned or refunded.
7.3 Subject to clause 7.4 and 7.6, Goods which we have ordered specifically for you from our Suppliers and are not stocked at our warehouse (“Non Stock Goods”) can only be exchanged or returned, unused as sold if the supplier of the Non Stock Goods accepts such an exchange or return. Should the Supplier not accept an exchange or return of Non Stock Goods then we cannot accept such an exchange or return of Non Stock Goods under any circumstances.
7.4 Should the Non Stock Goods be accepted by the supplier for an exchange or a return then a restocking charge will apply.
7.5 Subject to clause 7.6, Goods that we have in stock at our warehouse (“Stock Goods”) can only be returned, unused as sold within 28 days of purchase (any non-faulty items which are returned may incur a restocking charge and this is at our sole discretion):
7.6 Non Stock Goods and Stock Goods can only be returned and refunded or exchanged subject to the following conditions:
7.6.1 You must provide your original sales receipt as proof of purchase;
7.6.2 Under no circumstances will Goods with damaged packaging be accepted for return or exchange.
7.7 We reserve the right to refuse an exchange or refund with or without a receipt.
7.8 For any Goods which are faulty and/or defective please review clause 10 which explains how such Goods for an exchange, return and/or refund are dealt with.
8.1 We regret that Goods bought in our ‘Sale’, ‘Reduced to Clear’ or ‘Ex-display’ can not be returned or refunded under any circumstances.
9.1 Although our staff will gladly supply estimated quantities for tiles from information given, we recommend that these quantities be confirmed with a professional tiler prior to ordering, as we accept no liability for quantities provided.
9.2 As with all ceramic tiles, shade variation can occur between different batch numbers. For this reason we cannot guarantee an exact match for tiles ordered on different occasion’s.
9.3 Unfortunately excess tiles can not be returned under any circumstances.
9.4 Tiles should be checked for defect and that the correct tiles have been supplied before fitting. Once tiles have been fitted we can not accept any responsibility.
10.1 All Goods are provided with the manufacturers guarantee which varies according to the item purchased.
10.2 Any Goods which are damaged and/or are faulty must be notified to us within 24 hours of delivery and any claims made after this time period will not be (at our sole discretion) considered or acted upon by us.
10.3 Once our driver has obtained a signature to confirm the Goods have been left at the required premises in good condition, any damages found thereafter will be the responsibility of the signatory.
10.4 All items which have been fitted and then reported to be faulty must be inspected by the manufacturer before any claim under the manufacturers guarantee can be considered and we strongly advise that all Good are checked for imperfections before installation.
10.5 All warranties, conditions and other terms implied by statutory or common law (save for the conditions applied by Section 12 of the Sales of Goods Act 1979) are, to the fullest extent permitted by law excluded from the Contract.
10.6 Nothing in these Terms excludes or limits our liability:
10.6.1 For death or personal injury caused by our negligence; or
10.6.2 Under S.2(3), Consumer Protection Act 1987; or
10.6.3 For any matter which it will be illegal for us to exclude or attempt to exclude its liability; or
10.6.4 For fraud or fraudulent misrepresentation.
10.7 Subject to clause 10.5 and 10.6.
10.7.1 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of the Contract shall be limited to the Contract price; and 10.7.2 We shall not be liable to you for loss of profit, in each case whether direct or indirect or consequential or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
11.1 We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded for any factors beyond our reasonable control (Force Majeure).
11.2 If any part of these Terms are found to be enforceable as a matter of law, all other parts of these Terms shall not be affected and shall remain in force.
11.3 These Terms do not purport to confer a benefit on any third party by virtue of the Contracts (Rights of Third Parties) Act 1999 to any person that is not a party to it.
11.4 The Contract and these Terms shall be governed by the Laws of England, and you agreed to submit to the non-exclusive jurisdiction of the English Courts.
11.5 Any notice required or permitted to be given to us under these Terms shall be in writing addressed to us at our registered address provided at the beginning of these Terms and/or any subsequent or alternative address which we may notify to you from time to time.
11.6 We reserve the right to vary and amend these Terms at any time without prior notification.