Original Bathrooms

Where to find information about us and our products

You can find everything you need to know about us, Original Bathrooms Limited (registered in England and Wales with company number 01580823), and our products on our website at
www.original-bathrooms.co.uk, via email at [email protected], or from a member of our team before you order.

When you buy from us you are agreeing that:

• We only accept orders when we've checked them.
• Sometimes we reject orders.
• We charge you when the order is accepted. We require a 50% deposit at the time of your order, and the remaining 50% 2 days before delivery takes place.
• We charge interest on late payments.
• We pass on increases in VAT.
• We're not liable for reasonable delays.
• Products can vary from their pictures.
• You're responsible for making sure your measurements are accurate.
• We charge you if you don't give us information we need or do preparatory work as agreed with us.
• Please call 0208 940 7554, email your sales consultant or come into the showroom, if you wish to change your mind about your order.
• You can end an on-going contract (find out how).
• You have rights if there is something wrong with your product.
• We can change products and these terms.
• We can suspend supply (and you have rights if we do).
• We can withdraw products.
• We can end our contract with you.
• We don't compensate you for all losses caused by us or our products.
• We use your personal data as set out in our Privacy Notice which can be found on our website.
• Other important terms apply to our contract.
   

Applicability of these terms and conditions

1.These terms and conditions shall apply to all contracts for the sale of Goods by us to you and will override any terms and/or conditions which you may purport to assert against us with respect to any such contract(s), whether by way of purchase order, confirmation, writing, document or otherwise.

2.Making an order with us for any Goods and/or accepting delivery of Goods from us shall be deemed conclusive confirmation and evidence of your acceptance of these terms and that these terms will apply to all contracts between us.

3.If any provision of any Order conflicts with any of these terms, these terms shall prevail.

4.Any typographical, clerical or other error of omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction by us without any liability on our part.

5.By accepting these terms, you acknowledge that you have not been induced to enter any Contract with us by any written and/or oral representation made by or on behalf of us, other than those set out herein or in any Order.

Pricing and payments

6.Prices quoted by us from time-to-time shall not be binding on us and are approximate quotations only until confirmed. The prices applicable to a Contract shall be the prices set out in the Order.

7.Any prices quoted by us are exclusive of Value Added Tax (and any applicable tax, levy, duty or surcharge), unless otherwise indicated by us in writing.

8.Payment shall be due in cleared funds to us in the manner indicated by us in writing not less than two (2) days prior to the delivery date quoted by us in the Order, subject to any other due date for payment indicated in the Order or any invoice issued by us to you. Time for payment shall be of the essence in these terms and any Contract.

Amendments and variations

9.We can make changes to these terms and conditions from time to time, but if we do so we'll notify you and you can then contact your sales consultant to end the contract before the change takes effect and receive a refund for any products you've paid for, but not received.

Catalogues, other publication materials and designs

10.Any description and/or illustration of the Goods appearing in catalogues, brochures and other publications is believed to be correct and current but is not warranted as being correct by us and shall not be deemed to form part of this Contract or these terms.

11.Any intellectual property in the Goods and/or the design and/or methods of specification and design services associated in the Goods shall remain our property and be vested in us at all times. This includes any such intellectual property or other rights in Goods that are made to your specifications and/or are personalised. You shall not copy nor cause to be copied or reproduce nor cause to be reproduced any such specifications and/or designs or other intellectual property for any reason.

12.Where we supply Goods to you in accordance with your particular specification and/or design, any addition, alteration, variation and/or design shall be subject to extra charges as specified in the relevant Order, and you indemnify us against all damages, penalties, costs and expenses to which we may become liable as a result of any infringement of the intellectual property or other rights of any third party.

13.We charge you a 50% deposit when we accept your order However, for some goods or partial deliveries, we take payment at regular intervals, as explained to you during the order process.

Ownership and risk in the goods

14.Once we deliver Goods to you (or any third party carrier commissioned by you and/or acting on your behalf), they are entirely at your risk for any loss or damage that occurs.

15.Until ownership in the Goods has passed to you (i.e. you have made payment in full), we may require you at any time to deliver up all Goods in your possession and control that have not been irrevocably incorporated into another product, and if you fail to do so promptly, we may enter any of your premises or of any third party where the Goods are stored, to recover them. You shall procure entry to any such third party's premises if requested to do so by us in such circumstance.

16.Until ownership in the Goods has passed to you (i.e. you have made payment in full), you shall (1) store the Goods separately from all other Goods held by you so that they remain readily identifiable as our property; (2) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and (3) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

We charge interest on late payments

17.If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of three (3)% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount. If at any time the Bank of England base rate is less than zero, the default interest rate chargeable by us shall be three (3)% a year.

We pass on some increases in VAT

18.If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control

19.If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us at020 8940 7554 / [email protected] / or via the sales consultant dealing with your order, to discuss with us the possibility of ending the contract and receiving a refund for any products you have paid for, but not received.

Products can vary from their pictures

20.A product's true colour, finish, look or feel may not exactly match that shown in brochures/website images and/or its packaging may be slightly different.

You're responsible for making sure your measurements are accurate

21.If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. Find information and tips on how to measure at www.original-bathrooms or @originalbathrooms  or contact our sales team or your sales consultant at [email protected] / 020 8 940 7554.–We charge you if you don't give us information we need.

You may be liable for any failure to accept delivery

22.If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to us, we may (1) store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage, or (2) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess (if any) above the price payable under the Contract and/or charge you for any shortfall below the price payable under the Contract (as applicable).

If you bought from us, you have a legal right to change your mind, subject to certain conditions

23.Your legal right to change your mind. For most of our products, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.

24.When you can't change your mind.

You can't change your mind about an Order for:

• goods that are made to your specifications or are clearly personalised; and/or
• goods which become mixed inseparably with other items after their delivery.
• Goods and packaging no longer in re-saleable condition
   

25.The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver it. If the product is for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.

26.How to let us know. To let us know you want to change your mind, contact our sales team or your sale consultant at [email protected] / 0208 940 7554

27.You have to return the product at your own cost. You have to return your product to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can:

a.Bring the product to our store, located at 143-145 Kew Road, Richmond, TW9 2PN. You will need proof of purchase and the card you paid with.

b.Send the product back to us by calling your sale consultant to arrange collection. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time, we won't refund you the price. For help with returns, including our collection arrangements for products which can't be posted, see our Returns Process: contact the sales team or your consultant at [email protected] / 020 8 940 7554

28.We only refund standard delivery costs. For example, we don't refund any extra you have paid for express delivery or delivery at a particular time or for any other special delivery option.

29.We reduce your refund if you have used/installed or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged and/or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. We reserve the right in our discretion to accept a return on condition of charging a reasonable re-stocking fee or to refuse a return if the product is not in the right condition and/or in its original packaging.

30.When and how we refund you. If you tell us you've changed your mind about a product that hasn't been dispatched or one that we're collecting from you, we refund you as soon as possible and within 14 days (unless such product is custom or otherwise bespoke. If you're sending your product back to us, we refund you within 14 days of receiving it (or receiving evidence you've sent it to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You can end an on-going contract (find out how)

31.We tell you when and how you can end an on-going contract with us (for example, for a subscription to goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our sales team or your sale consultant at [email protected] / 020 8 940 7554. You have rights if there is something wrong with your product.

32.If you think there is something wrong with your product, you must  either bring it into the store or contact our sales team or your sale consultant at [email protected] / 020 8 940 7554. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Remember too that You have several options for resolving disputes with us.

33.Under your statutory rights, the Goods must be as described, fit for the purpose for which goods of this kind are usually supplied, and of satisfactory quality. Any claims by you based on any defect in quality or fitness for purpose shall (whether or not delivery is refused by you) be notified to us in writing within the required statutory period. If you do not so notify us, you will not be entitled to reject the Goods on such basis and we shall have no liability for such defect or failure, and you shall be bound to pay the agreed price for the Goods as if they had been delivered in accordance with the terms of the Contract. Time for delivery shall not be of the essence for the purpose of any Contract.

34.Where you make a valid written notification to us under the above, we shall be entitled (if we determine in our discretion that the notification is appropriate and correct) to replace the Goods (or the part in question) free of charge or, at our sole discretion, to refunds you the price of the Goods (or the relevant proportion of the price), but thereafter we shall have no further liability to you.   

35.Notwithstanding the above, we shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to use the Goods for their proper purpose and/or in accordance with our instructions or the instructions of any manufacturer (in each case, whether oral or in writing), misuse, alteration of repair of the Goods without our prior written approval.

We can change products and these terms

36.Changes we can always make. We can always change a product:

a.to reflect changes in relevant laws and regulatory requirements; and/or

37.to make technical adjustments and improvements. These are changes that don't affect your use of the product.

38.Changes we can only make if we give you notice and an option to terminate. We may also make certain changes to the product or these terms, but if we do so we'll notify you and you can then contact our sales team or your sale consultant at [email protected] / 020 8940 7554 to end the contract before the change takes effect and receive a refund for any products you've paid for, but not received:

39.We can suspend the supply of a product (and you have rights if we do). We do this to:

a.deal with technical problems or make minor technical changes;

b.update the product to reflect changes in relevant laws and regulatory requirements; and/or

c.make changes to the product.

We can suspend supply, delivery and/or end our contract with you

40.We can suspend supply and/or end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

a.you don't make any payment to us when it's due and you still don't make payment within 8 days of our reminding you that payment is due;   

b.you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, confirmation of product specifications;

c.you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us within six weeks of the collection date then (unless the product is made to your specifications or is clearly personalised) we treat your order as cancelled and refund the purchase price; and/or –

d.if any distress or execution is levied upon your property or if you offer to make any arrangement with your creditors, or if any bankruptcy petition is presented against the Customer or the Customer is unable to pay his debts as they fall due or if being a limited company any resolution or petition to wind you up shall be passed or if a receiver administrator or manager is appointed over the whole or any part of your business or assets or you take any step or action in connection with your entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), you obtain a moratorium, you are wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), or your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of a Contract or these terms is in jeopardy

We don't compensate you for all losses caused by us or our products

41.We're not responsible for losses you suffer caused by us breaking this contract if the loss is:

a.Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

b.Caused by a delay. We’re not responsible or liable to you and we shall not be deemed to be in breach of any Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods, whether or not the delay or failure was due to any factor beyond our reasonable control. Time for delivery shall not be of the essence in any Contract.

c.Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

42.Save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the product and all claims for loss of profit or indirect or consequential loss are wholly excluded.

We use your personal data as set out in our Privacy Notice

43.How we use any personal data you give us is set out in our Privacy Notice which can be found on our website.

You have several options for resolving disputes with us

44.Our complaints policy. Our Customer Service Team www.original-bathrooms.co.uk / 0208 940 7554 will do their best to resolve any problems you have with us or our products.

45.You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

46.We can transfer our contract with you, so that a different organisation is responsible for supplying your product. Unless the transfer is to a member of our corporate group, we'll contact you to let you know if we plan to do this. If you're unhappy with a transfer to any party outside of our corporate group, you can contact our Customer Service Team to end the contract within four weeks of us telling you about it and we will refund you any payments you've made in advance for products not provided.

47.You can only transfer your contract with us to someone else if we agree to this. We can refuse to accept a transfer in our sole discretion for any reason.

48.Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it. This is subject to our right to transfer this contract to any member of our corporate group without your consent.

49.If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

50.Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

51.Events outside of our control. We shall not be liable for any event, circumstance or cause beyond our reasonable control, and our failure to satisfy the obligations under these terms or any Contract shall for any such reason shall not be deemed a breach of these terms or any Contract.

52.You may not set off payments due to us. You must pay all amounts due to us in full when due, and you may not withhold any payments from us in anticipation of any claim against us or for any other reason.

Definitions and interpretation

53.The following capitalised terms shall have the meaning given to them here as follows:

Company or us: Original Bathrooms Limited, or its successor or assignee entity (as applicable).

Contract or contract: means any contract for the sale by us and the purchase by you of Goods, into which these terms are deemed incorporated.

Customer or you: you, in your capacity as a person who has agreed to purchase Goods from us.

Goods or product(s): sanitary and bathroom products and any other products we may sell under any Contract from time to time, any installation of any such products and associated specification and design services which you agree to buy from us with respect to any bespoke and/or personalised product which we supply to you.

in writing: shall be deemed to include by way of e-mail.

Order or order: a written order signed by you for the Goods.

Terms, terms and conditions, or these terms: the terms and conditions set out in this document, as may be amended from time to time, and any special terms and conditions agreed in writing by the Customer.