1. It is the intention of the Company (named overleaf) that all the terms of this agreement are contained within this document and where applicable the associated official company checklists where these bear the customer’s signature. These are the terms and conditions on which the Company will supply the goods and services detailed overleaf and on the associated checklists to you. Please ensure that you read these terms and conditions carefully and check that the details overleaf and on the checklists are complete and accurate before you sign the order.
2. (a) A deposit of 50% of the total price is payable when this agreement is signed. 45% is payable on 1st the day of installation. 5% balance is due on the installation sign off. You shall not be entitled by any alleged minor defect to the goods or installation to withhold more than 5% of the remaining balance due to the Company.
(b) Failure to pay the balance outstanding by the due date described above will entitle the Company to charge interest on the balance at the rate of 3% above the HSBC Bank base rate of annual interest for the time being in force from the due date described above until the balance is paid in full. Penalties for late payment will not be invoked where the lateness of the payment is due to you exercising your rights under term 2(a) above.
(c) If you cancel this Agreement after 14 days from the date on which the goods are delivered the Company may charge for any reasonable losses and costs incurred by the Company.
(d) If the Company is denied access for delivery or installation of goods which have been manufactured to your order, a claim for any abortive labour and material cost may be made. The charges would normally be made by the Company at 80% of the contract value. The Company will give credit for costs recovered e.g. by resale of the goods ordered.
(e) On occasions where we cannot supply the goods ordered due to supplier or updates on product specifications, we will endeavour to replace the item with a reasonable replacement of equal value and specification, this does not entitle you to cancel your order, request a refund or deduction, or withhold any due payment.
(f) Products shown in our current brochure and any marketing literature are for illustration purposes only and could be subject to change in either appearance or specification.
10. Where the Company agrees to match the colour of an existing suite, the Company will use its best endeavours to provide an exact match. You are advised that manufacturers’ colour ranges are subject to change and colours may fade or change overtime. The Company cannot guarantee that an exact match for an existing suite can be found.
(a) Except as described in section (b) below and in addition to your right to cancel under term 12 above, if you wish to cancel this agreement you may do so at any time up until 14 days after the date that you receive the goods.
(b). Please note this cancellation right does not apply and we do not offer refunds in respect of:
(i) any made to measure or custom made goods or goods made to your specification or clearly personalised (this includes but is not limited to our colour matching service); but this exclusion will not affect your legal rights as a consumer in relation to made-to measure goods that are faulty or not as described;
(ii) any sealed goods which cannot be returned due to health protection or hygiene reasons if they have been opened or unsealed by you or if they have been opened or unsealed by the Company on your instructions; or
(iii) any goods which have been mixed inseparably with other items by you after delivery.
(c) To exercise your right to cancel, you must inform the Company of your decision to cancel within the cancellation period described in (a) above. You can notify the company by hand delivering or posting a letter to The Walk in Bath Co. Ltd, or by emailing the Company at [email protected]. You may use the cancellation form below but you do not have to. Your notice of cancellation is effective from the date that any letter is hand delivered or posted or your email is sent. If you have instructed the Company to commence the installation of the goods during the cancellation period and then exercise your right to cancel, you must pay for services already supplied. The amount payable by you for the installation services shall be in proportion to what has been supplied compared to the full value of the contract between you and the Company. This does not affect your right to receive a refund for the goods in accordance with (e) below.
(d) If you have already received the goods when you decide to cancel, the goods will need to be returned as follows:
(i) if the Company delivered goods to you and these cannot be returned by post, the Company will arrange for the collection of the unwanted goods from the address to which they were delivered;
(ii) if the goods can be returned by post, it is your responsibility to return the goods to the Company (at your own expense unless the goods are faulty) at the address shown above within 14 days of the date on which you sent your notice of cancellation. If the goods are installed then you are responsible at your own expense for arranging for the goods to be uninstalled prior to collection. If the Company agrees to uninstall the goods or any part of them for you then the Company reserves the right to charge a reasonable fee to do so which you must pay to the Company at the time of the uninstallation unless the Company has agreed to deduct the charge from any refund due to you under these terms and conditions.
(e) If you cancel in accordance with these terms, you will receive a refund of the price you paid for the goods minus any deductions the Company is entitled to make for services which have been provided (section c), any uninstallation service provided under section
(d) above and/or damage to or diminishment in the value of the goods by you (section f). If the Company posted the goods to you, it will also refund any standard delivery charges you paid to receive the goods. Please note that the Company is not obliged to refund any supplementary costs paid by you if you chase a type of delivery other than the least expensive type of delivery offered by
(f) If on inspection of the returned goods the Company believes that they have been damaged or their value has been diminished as a result of your handling of the goods beyond what would have been necessary to establish the nature, characteristics and functioning of the goods (this would include any diminishment in value as a result of the goods being installed and uninstalled) then the Company may deduct an amount equal to the damage or diminishment in value from the refund owed to you.
(g) The Company will process the refund due to you as soon as possible and, in any case, no later than (i) 14 days after the date the Company received the returned items from you; or (ii) if earlier, 14 days after the day you provide the Company with evidence you have returned the items; or (iii) if you are not in receipt of the items, 14 days after the date on which you have notified the company that you wish to cancel.
MAKING A COMPLAINT
If you’re not completely happy with our service we’d like to hear about it so we can do something to put it right. We do everything we can to make sure our customers get the best products and service possible. However, sometimes we may not get things right the first time.
We would like you to tell us what went wrong so we can put matters right.
HOW AND WHERE TO COMPLAIN
If you are not satisfied with any aspect of our service or products, you can tell us about your complaint in the following ways:
In writing – write to us and address your letter to The Walk in Bath Co. Ltd, Customer Services, Unit 1F Sapper Jordan Rossi Park, Baildon, Shipley, BD17 7AX.
By telephone – call us on 01274 911695 during our office hours and ask for the Customer Services Department.
By email – Email address
WHAT TO EXPECT
We aim to resolve your complaint straightaway but if we can’t, we will keep you informed on a regular basis. If you need an update, please call us on insert telephone number and ask to speak to the person handling your complaint.
When we reply to your complaint, if you consider our response doesn’t fully address your concern, please let the person handling your compliant know so we can see if there is anything further, we can do.
IF WE CANNOT REACH AGREEMENT
Our aim is to resolve all complaints. However, if you are not satisfied after receiving our final decision letter, or if eight weeks have passed you have the right to refer your complaint to the Financial Ombudsman Service (FOS). Their contact details are shown below.
Please note: Only complaints relating to the sale of financial services should be referred to FOS.
Financial Ombudsman Service can be contacted in writing:
Financial Ombudsman Service Exchange Tower London E14 9SR Tel: 0800 023 4567 (free for most people ringing from a fixed line) or 0300 123 9123 (cheaper for those calling using a mobile) or 44 20 7964 0500 (if calling from abroad) Email: [email protected]
Further information can be obtained from the Financial Ombudsman Service’s website at www.financial-ombudsman.org.uk
Compensation: You are not entitled to ask for or claim any form of compensation from The Company. The Company does not pay compensation under any circumstances relating to any products or services received or which are still to be received by The Walk in Bath Co. Ltd. The obligation of the company is to provide the products and services specified in the signed contract at the price agreed by you the customer. Only when the full balance is paid will all the products and services supplied by the Walk in Bath Co. Ltd and the manufacturers products be guaranteed. Any failure to pay the full balance will result in the products and services supplied by the Walk in Bath Co. ltd not being guaranteed or under manufacturers guarantee.