Doug Cleghorn Bathrooms Terms and Conditions
1.1 What these terms cover. These are the terms and conditions on which we supply products 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 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, please contact us to discuss.
1.3 These terms only apply to the sale of products.
1.4 If you want the products to be installed. We do not install products which are purchased from us. You are responsible for arranging installation, confirming measurements and the suitability of the products we supply to you.
1.5 Definitions. In these terms’ product means any one or number of products that you order from us via our website or our showroom. Website means our website www.dougcleghorn.co.uk
- Information about us and how to contact us
2.1 Who we are. We are Doug Cleghorn Bathrooms Limited. We are a company registered in England and Wales. Our company registration number is 07276782 and our registered office is at The Ronson, Building, Limewood Approach, Leeds LS141NG. Our trading address is the Ronson Building, Limewood Approach, Seacroft, Leeds, West Yorkshire LS14 1NG. Our registered VAT number is GB106131271.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0113 2893325 or by writing to us at [email protected]
or at Doug Cleghorn Bathrooms Limited, Limewood Approach, Seacroft, Leeds, West Yorkshire LS14 1NG.
2.3 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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product and will reimburse payment that you have made to the same debit or credit card you used when you made payment to us. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion and sale of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
- Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website, designs or brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Where we have supplied designs the images are for illustration purposes only and may not be an identical representation of the products supplied.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements, you have given us you are responsible for ensuring that these measurements are correct. Where we have taken the measurements, you are responsible for ensuring that whoever is responsible for installing the products has checked the measurements and suitability of the products supplied.
4.4 Designs. Designs are for illustration purposes only. If we are creating designs using measurements you have given us you, are responsible for ensuring that these measurements are correct. Where we have taken the measurements, you are responsible for ensuring that these measurements are correct and that whoever is responsible for installing the products has checked the measurements and suitability of the products supplied.
.5 Suitability. Prior to opening any packaging, you should ensure the suitability of the products. You should ensure all goods are unpackaged carefully. We cannot accept the return of products where the packaging has been damaged or installation of the products has commenced.
5.Your rights to make changes
5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may in some circumstances be able to end the contract (see Clause 7- Your rights to end the contract).
- Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website or on the quotation.
6.2 When we will provide the products. We will contact you with an estimated delivery date or to agree a delivery date, which will be within 30 days after the day on which we accept your order. Although if the product is special order or we are making the product to your specific order and requirement the delivery date will be within 90 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 Collection by you. We may agree with you that you can collect the goods from us at our trading address given in clause 2.1. If so, you can collect the products during our warehouse working hours of 9am until 4pm on weekdays (excluding bank holidays).
6.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from our premises.
6.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from our premises we will contact you for further instructions and will charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 9 will apply.
6.7 Your legal rights if we deliver products late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any product then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential, you told us in writing to [email protected] (taking into account all the relevant circumstances); or
(c) you told us in writing to [email protected] before we accepted your order that delivery within the delivery deadline was essential.
6.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 6.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 6.7 or Clause 6.8, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them to us or allow us to collect them from you. We will pay the costs of collection. Please call customer services on 0113 2893325 or email us at [email protected] to arrange collection
6.10 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us or you, an installer or a carrier organised by you collect it from us.
6.11 Reporting damaged products. You must inspect all products on receipt of the order and report any damage within 24 hours of receipt.
6.12 When you own products. You own a product once we have received payment in full.
6.13 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, measurements or delivery dates. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 9 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work or costs that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.14 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to make changes to the product as requested by you (see clause 5).
6.15 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 11.6). As well as suspending the products we can also charge you interest on your overdue payments (see Clause 11.5).
- Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;
(c) If you have just changed your mind about the product, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
(d)In all other cases (if we are not at fault and there is no right to change your mind), see Clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Clause 6.7).
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) any product that is made specifically to your requirement, including your design and your measurements; or
(b) any products which become mixed inseparably with other items after their delivery.
(c) any product which is made to order which will be listed as special order on our site or order acknowledgment.
7.5 How long do I have to change my mind?
7.5.1 Purchased Online
You have 14 days after the day you (your installer or someone you nominate) receives the products unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (your installer or someone you nominate) receives the last delivery to change your mind about the products.
7.5.2 Purchased in Store
You can return any products purchased in-store within 30 Days of the delivery date. The order will be subject to restocking charges detailed in section 7.7.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the products are delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract
7.7 Product Returns or Exchanges.
You may wish to return or exchange products that are no longer required.
Any products returned or exchanged must be in a re-saleable condition and in its original packaging.
Any products returned where there is no defect with the product and where clause 7.5.1 does not apply your refund will be subject to a 25% re-stocking charge.
Where you wish to exchange a product within 30 (Thirty) days of delivery of the order we will do so and charge the difference in value where applicable. If the difference is less than the item value, we will provide a credit note.
We cannot accept the return or exchange of items outside of 30 (Thirty) days.
We cannot accept the return of perishable or special-order items.
- How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0113 2893325 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to our trading address given in clause 2.1 or allow us to collect them from you. Please call customer services on 0113 2893325 or email us at [email protected] arrange collection. If you are exercising your right to change your mind under clause 7.5.1 you must send off the goods within 14 days of telling us, you wish to end the contract. You should always ensure you obtain proof of postage / delivery and inform our customer service team of any goods you intend to return.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described;
(b) if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so because of something, we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the associated transportation cost of returning the product to us. This will depend on the size and type of item being returned.
Small Items (Non-Fragile) £20
Medium / Large Items £90
Extra Large Items £180
8.5 How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a)We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before, we can inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then if we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
- Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, any measurements;
(c)you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0113 2893325 or write to us [email protected] or by post to the trading address given in clause 2.1. Alternatively, please speak to one of our staff in-store.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice Bureau website www.adviceguide.org.uk or call 03454 04 05 06.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products because they do not comply with our obligations under the Consumer Rights Act 2015 you must either return them in person to the trading address given in clause 2.1 or allow us to collect them from you. We will pay the costs collection. Please call customer services on 0113 2893325 or email us at [email protected] to arrange collection.
11.Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. You must pay for the products that you order from us in full at the time that you place the order.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays 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 any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you
12.1 We strongly advise not to book in your installation until you have received and inspected the goods. We will not be responsible for installation costs relating to delayed delivery or faulty goods.
12.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are as described and match information we provided to you and any sample or model seen or examined by you, of satisfactory quality; fit for any particular purpose made known to us, and for defective products under the Consumer Protection Act 1987.
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b )to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
13.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
- Other important terms
14.1 We may transfer the contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to the contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.