Terms & Conditions of Sale

GOODS RETURNS POLICY

1.0 In order to improve our service to you (the Customer) it is necessary for ESP Bathrooms Ltd (the Company) to have a clear Goods Returns Policy this is an overview of the policy. If in the future the Customer wishes to return goods, a credit note/refund will be raised subject to the following conditions.

1.2. Please note The Company do not offer a warranty of any goods, all guaranties and warranties are held with the original manufacturer of goods. The Customer must state the original Sales Order number show proof of purchase that the goods were supplied against. Please also provide the reason for return. This will enable The Company to process the request further. Requests without the information and items that fall outside the return period cannot be accepted.

2.0. Damaged Items

Any damaged items must be reported within 72 hours of goods being delivered or collected from The Company. Replacement items are subject to approval from manufacturer in line with their Terms and Conditions. Items outside of the manufacturer returns policy times scale may not be accepted.

3.0. Replacement Items

Replacement items will need to be paid for in full and unwanted items returned are subject to manufacturer's return policy. On the manufacturer’s acceptance of an item a refund or credit note will be issued. Accepted items must be brought back before an exchange is made.

4.0. Replacement Items

In the unlikely event The Customer experiences any product related problem after installation the Customer must contact the Company at first for the avoidance of doubt. The Company cannot take liability for any third party costs without authorisation. These items are subject to manufacturer warranty. Replacement items are subject to approval from manufacturer. Items outside of the manufacturer returns policy times scale may not be accepted.

Please note 6 months from the date of purchase, the warranty remains with the manufacturer however the Company will manage this process, after the 6 months the Customer will raise directly with the manufacturer.

5.0. Exclusions

Any special orders, special finishes, bespoke items, ex-display items, fitted items and/ or damaged by the customer or the installer, cannot be returned (excluding defective products). Also please note that the cancellation of an order for items prior to delivery cannot be accepted and the items will be charged in full, unless they are The Company’s stock items.

6.0. Re-Stocking Charge

Non faulty items returned will include an automatic minimum 25% re-stocking charge; this applies to stock goods only returned within 20 days of purchase unless the reason for return was caused by the Company. Any items not stocked by ESP but stocked by the manufacturer's will be subject to a re-stocking charge as per the manufacturer’s terms and conditions generally a minimum of 25%. Any special orders are non-refundable and non- returnable. All items must be returned in their original packaging/box. Please do not stick any labels or mark the packaging/box.

Damaged boxes may result in the Company (for stock items only) or manufacturer refusing to accept the goods as they are not in a re-saleable condition. Some manufacturers do not accept open boxes without compromise.

7.0. Decision

If returns fall outside of this policy the Company will send the Customer a letter explaining the reason(s) for non- acceptance.

8.0. Returns Note

Once the internal returns note has been processed the Customer will get a copy, this is not a confirmation of acceptance it is an acknowledgment that the Customer has returned the item. The goods returned will be inspected; subject to the condition of the returned goods and the timescale the Company will inform the Customer of the outcome. If the goods are outside the returns period, they will be disposed of if the Customer do not collect them within 7 days.

Goods Returns Policy Summary

a.  Any damaged items must be reported within 72 hours of goods being delivered or collected from the Company. Replacement items are subject to approval from manufacturer.

b.  Items outside of the manufacturer returns policy times scale may not be accepted.

c.  All special orders, finishes, fitted items, ex-display items which are damaged by Customer, or the installer cannot be returned (excluding defected items).

d.  Items returned under acceptance will carry a re-stocking charge. Re- stocking charge percentage is subject to manufacturer/ distributor charge.

e.  Returns of faulty items are subject to manufacturer/ distributor Policy (time sensitive so please check with the Company for further instructions).

f.   Overview of Goods return policy is detailed to the left on this document.

g.  No responsibility taken for items stored in the Company’s warehouse that fall outside manufactures/ distributors policy for damages. The Company cannot take responsibility for items stored in the Company warehouse that fall outside manufactures/distributors policy for damages.

ESP Bathrooms Ltd is 100% compliant with the General Data Protection Regulation (GDPR) .To learn more about how we collect, keep, and process your private information in compliance with GDPR, please view our privacy policy. This policy was last updated on December 2020.

Thorn Building, Kent Street, Preston, Lancashire, PR1 1PE

Queens Retail Park, Unit 2, Queen Street, Preston, Lancashire, PR1 4HZ

Telephone: 01772 200400

Email: info@espbathrooms.co.uk

2.0. Contract :-

These terms and conditions form part of the contract between you (the customer) and ESP Bathrooms Ltd (the Company). It is a condition of the contract that no variation of these terms and conditions will be allowed unless such variation has been approved and signed by a Director of the Company. No other person acting purporting to act on the Company’s behalf has the authority to agree to any variation of these terms and conditions. The Customers signature on the order shall be deemed to be the Customers acceptance of these terms and conditions. This agreement relates to any associated orders. Where the order has been placed by telephone or digitally (email) acceptance of these terms and conditions shall be deemed to have taken place 3 days after the order date.

3.0. Price :-

Any price quoted by the Company is based upon current prices ruling as at the date appearing on the quotation, but the actual price charged to the Customer under the contract shall be based upon such ruling price (less any discount allowed by the Company) as at the date of order and shall include the cost of storage and insurance (if any) .V.A.T. will be charged at the current rate.

The Company reserves the right to pass on any surcharges that may become chargeable.

Prices are indicative where a site survey may be required, a final price can only be determined on completion of the survey. The company is not liable for a guide price.

4.0. Termination/Cancellation:-

There are two groups of products supplied by The Company

        4.1. Stock products, defined as:- all products currently held in stock.

         4.2. Non-stock products, defined as 'Specials': any product that is not held in stock. Special products cannot be cancelled or returned and will be charged for in full.

4.3. Cancellation Charges :-

4.4. Goods supplied without packaging that are stocked by the Company must be in a resalable condition. Refunds will not be made for goods that show signs of attempted installation or any parts missing, whether or not in original packaging.

4.5. Returns are accepted at the sole discretion of The Company.

In the event that the Customer is unable to complete the contract, the Company shall have the right to pursue for completion of the contract and or damages for loss of profits.

5.0. Deposits :-

All deposits paid are non-refundable in any circumstance, other than where goods are not of satisfactory quality. This does not affect you, the Customer statutory rights. Minimum of 50% deposit is required at the time of order.

6.0 Order & Design :-

6.1. The designs and specifications produced have been based on dimensions provided to you, the customer. The Company accepts no liability for incorrect measurements the Customer may have taken. All Computer Aided (CAD) images the Customer has been supplied with are only a visual representation of the Customers room and its products. All the product images shown are based on information provided by suppliers. They are not intended to be, nor are they, an exact likeness, they are for illustration purposes only.

    6.2. Tile quantities have been calculated based on dimensions provided and final checks must be made by the Customer/ fitter prior to installation. The Company is not responsible for incorrect measurements/ quantities given by the Customer or installer. We recommend the Customer to allow for wastage. All additional tiles required will be charged at the same rate as the original order, subject to any supplier Price increases. The Company cannot guarantee the same batch, shade, or tono for additional tiles.

7.0. Missing Items :-

In the unlikely event the Company have missed items from the order at the point when the order is being placed these additional items will be chargeable. If the items have already been paid for by the Customer, but the Company fail to order said items; the Company will fulfil the order at no additional cost to the Customer, the Company will not hold responsibility for any delay due to the missed items.

8.0. Delivery :-

     8.1. Any indication given by the Company as to the date for delivery of goods, is given as an estimate only. No liability whatsoever is accepted by the Company in respect of late deliveries. The Company advise to not commence any installation work, book tradespersons until the Goods have been received and thoroughly checked for damage or discrepancies.

     8.2. Goods are subject to availability. Delay’s in the delivery of Goods are beyond the Company’s control, as the delivery of goods are dependent on Suppliers. Delivery schedules cannot be guaranteed and any dates for delivery of Goods the Company indicate are approximate only.

     8.3. In the event the Customer advises they are not ready for the Goods as an exception the Company may offer Storage of goods for a maximum of 60 days. However this service will only be offered upon the condition that any outstanding balance is paid in full. Storage will be charged at the rate of £60.00 per order, per week, any storage cost must be paid before delivery. Any items stored in our warehouse due to delays may void the Warranty or fall out of the Damage notification period set by the Supplier/Manufacturer. In this scenario the Customer would be liable for any charges incurred for replacement of Goods.

    8.4. The Customer is advised to only commit to an installation schedule once the Goods have been received and checked. The Company shall not be liable for any costs or other losses incurred by the Customer, the Customer’s agents, or any other Third Party due to an installation schedule committed to by the Customer prior to the Goods being received and checked.

    8.5. The Company cannot accept any liability for orders which cannot be delivered into the property due to inadequate access. Deliveries will only be offloaded to the ground floor or kerbside of a property; it is the Customer’s responsibility to ensure the delivery address is ready and able to accept delivery of the product/s, in particular that there is space for any delivery vehicle to make the delivery and to allow adequate space to maneuver the Goods into said location.

    8.6. Risk of loss or damage to the Goods passes to the Customer at the time of delivery including in the case of Goods which the Customer have requested the Company to leave unattended at the requested delivery address because the Customer is unable to take receipt of Goods and sign for the Goods.

    8.7. All deliveries must be signed for, in the event any product is missing from a delivery it must be reported to the Company within 24 hours for the Company to resolve the matter with the manufacturer. Any deliveries will be arranged for an AM or PM slot. Preferences will be considered but cannot be guaranteed. Any product delivered to the Customer’s home and noted by the Customer as damaged must be reported to the Company within 72 hours of delivery and will be dealt with under the manufacturer’s warranty.

    8.9. Items delivered to the Customer, signed unchecked does not discharge the responsibility of the received items. The Company cannot be held responsible for items reported missing or damaged thereafter.

8.10. Standard delivery charges are charged at a rate of £40.00 per delivery excluding VAT covering a radius of 15 miles from PR1 1. The following postcodes will incur at 50% surcharge LA, BD, HX, OL, HD, SW, CH, WA, L, SK, M.  Any postcode not named previously are Priced on Application.

9.0. Payment :-

On acceptance of Sales Order the Customer enters into an agreement to accept the terms of Payment set as follows: Minimum of 50% on the acceptance of the Order and the remaining balance paid 72 hours prior to delivery of goods to the Customer. Payments can be made by card, cash or bank transfer. These funds must be cleared prior to the delivery, this also applies to payments made by company cheques (may take up to seven business days for the cheque to be cleared by the bank). Credit card and debit card payment can be accepted over the telephone however only on the condition that the Customer has previously made the payment using the same card in person to The Company. In the event that the balance due, under the terms of this contract are not received by the due date, the Customer may be charged additional admin fees.

10.0 Damages :-

Our Delivery service is conditional upon adequate access being available; it is the Customers responsibility to ensure that the goods can be delivered without damage to either the goods or the place of delivery. In the event that our team or agent acting on behalf of the Company believe there is a danger of damage to either the goods, property, or themselves the goods shall be considered as delivered by being placed adjacent to the property. The company shall take all responsible steps to minimise damage to your property by the goods. The Company advise here possible to leave any intended decoration/final finish until after the delivery. The Customer agrees to protect the Company and the Goods by mitigating any danger present at delivery address at point of delivery.

11.0. Installation :-

The Company can recommend Installers to the Customer, however the Company are not liable or in contract with/for the recommended Installers and services, unless otherwise specified.

12.0. Alterations :-

No alteration to this order will be accepted as binding on the Company; unless such alteration has been confirmed to the Customer in writing by the Company. Alterations cannot be made if ‘special’ goods have already been put in production. If normal supplier stock item has been dispatched; and the supplier agrees to accept the return, this will be subject to supplier terms and conditions and restocking charges applicable as detailed in the table above.

13.0. Liability :-

This contract does not confer any right to the Customer other than those specifically stated. The Company does not accept liability for any loss direct or indirect, consequential, or otherwise result from any action or mission on its part or any of its officers or agents, other than that identified by the Law of England and Wales.

14.0 Guarantee :-

14.1. The Company does not offer guarantees on parts or materials, this is subject to the manufacturer conditions. The Company is a reseller not a manufacturer, so all warranties are directly with the manufacturer/ distributor.

          14.2. No claim under this guarantee will be accepted unless all monies due under this contract have been paid in full subject to manufacturer/ distributor guarantee policy.

           14.3. Items must fall under the manufacturer/distributor terms and conditions.

a.        In the unlikely event of a complaint, please write to: Client Care Team, ESP Bathrooms Ltd, Thorn Buildings, Kent Street, Preston, Lancashire, PR1 1PE.

b.        Acceptance of Terms and Conditions of Sales does not affect your statutory rights.

c.        All goods remain the property of the Company until payment has been received in full, and has cleared the banking process.