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Terms & Conditions

1 DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;

1.5 "Seller" means Dougfield Plumbers Supplies Ltd of Unit 2, Lower Wharf Industrial Estate, Wallbridge, Stroud, Glos GL5 3JT that owns and operates http://www.dougfieldbathrooms.com/;

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 "Website" means http://www.dougfieldbathrooms.com/.

2 CONDITIONS


2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any complaints should be addressed to the Seller\'s address stated in clause 1.5.

3 ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the order process section.



4 PRICE AND PAYMENT

4.1 The price of the Goods shall be that stipulated on the Website. Product price is Inclusive of VAT. The price excludes delivery charges.


 4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.


4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.


4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.


5 RIGHTS OF SELLER


5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.


5.2 The Seller reserves the right to withdraw any goods from the Website at any time.


5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.


6 AGE OF CONSENT


6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.


6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.


7 WARRANTY


7.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.


8. 9. DELIVERY & RETURNS


*We do our best to deliver items as soon as possible, most orders are delivered in 5 working days, unless item is not in stock. Most items are delivered direct from Supplier Company using their transport.


*Title and risk of the Goods shall pass to the Buyer upon delivery. The Buyer shall inspect the Goods immediately upon receipt. The Buyer shall notify the Seller in writing within 48 hours of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.


*You must inform us within 48 hours by telephone 01453764565 Internet Sales Department Mon-Fri 9.00am-5.00pm or email sales@dougfields.co.uk of any damages or problems else we reserve the right to not accept returns.


*For items damaged on delivery or faulty on use we accept returns only if we are notified within 48 hours of delivery, once confirmed a replacement item will be sent for delivery to exchange with current item.


*To cancel an order please inform us within 24 hours and decline delivery of any items that may already be sent for delivery so items can be returned.


*We reserve the right to apply restocking fee and handling charge up to 30% to any cancellations, returns and refunds made for unwanted Goods including any collection fee up to £50.00. 


*Goods returned or cancellation of an order must be in original packaging and be undamaged (as received). The Seller shall not be liable to refund if this condition is not met. If the Seller at its absolute discretion exceptionally agrees to a refund if this condition is breached then the goods will be subject to a 30% deduction for restocking/repackaging and carriage costs up to £50.


*Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.  Goods to be returned must clearly show the order number obtained from the Seller on the package. 


*Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Buyer's delivery address must match billing address unless a special request or proof of delivery address has been sent.


*Special orders such as customised baths, whirlpools, can only be cancelled within 24 hours with written email confirmation. Special orders are non-returnable unless item is faulty on delivery and you have notified us within 48 hours. Special orders can be subject to additional specific delivery charges.



10 LIMITATION OF LIABILITY


10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.


10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.


11 WAIVER 


11.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.


12 FORCE MAJEURE


12.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.


13 SEVERANCE



13.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.


14 CHANGES TO TERMS AND CONDITIONS


14.1 The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.


15 GOVERNING LAW AND JURISDICTION

 

15.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.