General
We
reserve the right to change any services, product prices, product
specifications and availability at any time. All prices and descriptions
supersede all previous publications. All product descriptions are approximate.
Every effort is made to keep information regarding stock availability on the
Website up to date. However, we do not guarantee that this is the case, or that
stock will always be available.
If any provision of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the validity of
the other provisions of this Agreement and the remainder of the provision in
question will not be affected.
This Website, any content contained herein and any contract brought into being
as a result of usage of this Website are governed by and construed in
accordance with law of the jurisdiction specified in the clause below and the
parties to any such contract agree to submit to the exclusive jurisdiction of
the courts as specified. All contracts are concluded in English. These terms
and conditions do not affect your statutory rights.
Order Process
Orders
will only be accepted from persons over the age of 18.
All orders are subject to acceptance and availability. If any goods ordered are
not available, you will be notified by email and you will have the option
either to wait until the item is available from stock or to cancel your order.
It is your responsibility to provide us with a valid email address so that we
can contact you if necessary. Any orders placed by you will be treated as an
offer to purchase the goods or services from us and we have the right to reject
such offers at any time prior to acceptance.
You shall be responsible for ensuring the accuracy of the details provided on
the order form and we will not accept an order unless all details requested on
the order form have been entered correctly.
You acknowledge that any automated acknowledgment of your order that you may
receive from us shall not amount to our acceptance of your offer to purchase
goods or services advertised on the Website.
The conclusion of a contract between you and us will take place when we accept
your order by (i) debiting your credit or debit card, or (ii) despatching goods
to you/making goods available for download by you or commencing the services,
whichever is the earlier.
We will take all reasonable care, in so far as it is in our power to do so, to
keep the details of your order and payment secure, but in the absence of
negligence on our part we cannot be held liable for any loss you may suffer if
a third party procures unauthorised access to any data you provide when
accessing or ordering from the Website.
Each item or service purchased is sold subject to additional specific terms and
conditions relating to that item or service including, without limitation,
terms and conditions concerning estimated delivery times and any warranties.
Please ensure that you read such additional terms.
We are entitled to refuse any order placed by you and will not be required to
provide an explanation.
Delivery
Goods
will be delivered to you, the buyer, at the address provided by you on the
order form.
We can deliver to an address other than the billing address, but please note
that extra documentation may be needed to comply with such orders.
All goods must be signed for by an adult aged 18 years or over on delivery.
You will become the owner of goods you have ordered when they have been paid
for and delivered to you.
Any dates quoted for delivery of goods are approximate only and we shall not be
liable for any delay in delivery of goods however caused. During sale periods, please allow longer for us to process your order. The same also applies to busy holiday periods but we will endeavor to get your order to you as quickly as we can.
Payment
Prices
quoted exclude delivery (in the case of goods) and for performance (in the case
of services) in the United King. Prices are in
Pounds Sterling unless otherwise specified.
We reserve the right, by giving notice to you, the buyer, at any time before
delivery or performance to increase the price of goods or services to reflect
any increase in the cost to us, which is due to any factor beyond our control
(such as without limitation, any foreign exchange fluctuation, significant
increase in the costs of labour, materials or other costs of manufacture).
In the unlikely event of there being such an increase in the price of goods or
services you, the buyer, shall be entitled to cancel the order at any time
before delivery or performance.
In the unlikely event that the price or description of an item or service has
been incorrectly advertised, we will contact you by email, telephone or post to
ask whether you wish to proceed with your order with the correct price or
description. If you are not happy to proceed, or we are unable to obtain
your instructions, we will cancel the order. Unless we have already
despatched or commenced performance of your order, we will not be obliged to
supply products or provide services at the incorrect price or based on an
incorrect description.
We
accept most major credit/debit cards as outlined by Worldpay. We entrust
credit\debit card transactions to WorldPay, one of the world’s leading credit
card payment solutions providers. Customers may supply credit card numbers by
other means, and the transactions will be handled by WorldPay Ltd. Your credit
card details will not be retained by us following the transaction.
Eligibility
To be
eligible to purchase goods or services on this Website and lawfully enter into
and form contracts on this Website, you must:
• if an individual, be 18 years of age or over;
• register your real name, address, phone number, email address and any other
details requested and if you are under 18, please ask an adult to contract on
your behalf. By offering to purchase goods and services, you represent to us
that you are 18 years of age or over and authorise us to transmit information
(included updated information) to obtain information from third parties,
including but not limited to, your debit or credit card numbers or credit
reports to authenticate your identity, to validate your credit card, to obtain
an initial credit card authorisation and to authorise individual purchase
transactions.
Returns, Cancellations and Substitutions
Returns
If you are
not happy with your purchase for any reason, you can return it to us and we
will refund you with the amount you paid for that item.
All we ask is that you inform us by email or post and return the product within
28 working days from the day after receipt. Return the product to us at your
expense in unused condition with the original undamaged packaging for a full
refund less carriage charges. We recommend using an insured delivery service.
Returns must be made within 28 working days of delivery. Goods are refunded
within 30 days. We will refund you using the same payment method that you used
to purchase the goods including the original delivery cost if the goods are
cancelled within the 7 day cooling off period. This does not affect your
statutory rights.
Cancellation
Please
note that you have a statutory right to cancel any contract at any time after
order placement:
* to 7 Working Days from
the day after delivery in the case of goods which have not been personalised or
made to your specification; or
* to 7 Working Days from
the day after order placement or commencement of the services with your
agreement if sooner, in the case of services.
If you do cancel a contract, then you must notify us in writing and you may
choose to do this by sending an email to info@powderrooms.comor a letter to Powder Rooms (UK) LTD, PO Box 5104, Hove, BN52 9DT. You must retain possession of any goods and
ensure that you take reasonable care of the goods until such time as the goods
are either collected by us or delivered back to us by you. We will notify
you of when we wish to collect the goods. The goods will be collected by us
within 7 days of our receiving your cancellation notice.
You should allow up to 30 days from the day you give us your written notice of
cancellation for your refund to be processed. We will refund you using the same
payment method that you used to purchase the goods or services.
Damaged or Faulty Goods
We employ
professional carriers. Nevertheless, you must examine goods on arrival before
signing for it. If a product is damaged or faulty, please contact us at once
and no later than 7 working days of receipt or of the fault developing, and we
will arrange a refund or replacement as you request.
Sometimes the product specifications from the manufacturer may change, in which
case, if you request a replacement, we will do our best to offer you a
substitute of the same or better quality at the same price. If you are not
happy with the replacement, you can return it in accordance with our returns
policy as outlined above under paragraph 7.1.
Please allow 30 days for your refund to be processed or replacement item
despatched.
We reserve the right to refuse to issue a refund/replacement item and to
recover the cost of the returns delivery from you in the event that the item is
found to have suffered damage after delivery or has been misused or used other
than in accordance with the instructions. This does not affect your statutory
rights.
Intellectual Property
The
content of the Website is protected by copyright, trademarks, database and
other intellectual property rights and you acknowledge that the intellectual
property rights in the material and content supplied as part of the Website
shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on
the Website subject to the condition that the material may only be used for
personal non-commercial purposes. Copying or storing the contents of the
Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen,
store such content in electronic form on disk (but not any server or other
storage device connected to a network) or print one copy of such content for
your own personal, non-commercial use, provided you keep intact all and any
copyright and proprietary notices. You may not otherwise reproduce, modify,
copy or distribute or use for commercial purposes any of the materials or
content on the Website.
You further acknowledge that any other use of the material and content of this
Website is strictly prohibited and you agree not to (and agree not to assist or
facilitate any third party to) copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works of such material
and content.
No licence is granted to you in these Conditions to use any trade mark of www.powderrooms.com
or its affiliated companies.
Goods and services sold by us may be subject to copyright, trade mark or other
intellectual property rights in favour of third parties. We acknowledge those
rights.
Website
We
attempt to ensure that the information available on the Website at any time is
accurate. However, we will not be held liable for any errors or omissions. We
use all reasonable endeavours to correct errors and omissions as quickly as
practicable after becoming aware or being notified of these.
Products, services, prices and offers are only valid at the time they are
published on our Website. All images should be used only as a guide or
representation of the item.
All drawings, descriptive matter and specifications of goods and services on
the Website are for the sole purpose of giving an approximate description of
the goods and services.
We may also change, suspend or discontinue any aspect of the Website, including
the availability of any features, information, database or content or restrict
access to parts or the entire Website without notice or liability.
We
reserve the right to:
* modify or withdraw, temporarily or permanently, this Website (or any part
thereof) with or without notice to you and you confirm that we shall not be
liable to you or any third party for any modification to or withdrawal of the
Website; and/or
* change the Conditions from time to time, and your continued use of the Website
(or any part thereof) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to
determine whether the Conditions have been changed.
You may
not use the Website for any of the following purposes:
* disseminating any unlawful, harassing, libellous, abusive, threatening,
harmful, vulgar, obscene, or otherwise objectionable material;
* transmitting material that encourages conduct that constitutes a criminal
offence, results in civil liability or otherwise;
* breach
of any relevant laws, regulations or code of practice;
* gaining unauthorised access to other computer systems;
* interfering with any other person's use or enjoyment of the Website;
* breaching any laws concerning the use of public telecommunications networks;
* interfering or disrupting networks or websites connected to the Website; and
* making, transmitting or storing electronic copies of materials protected by
copyright without the permission of the owner.
We
reserve the right to refuse to post material on the Website or to remove
material already posted on the Website.
Liability and Indemnity
Notwithstanding
any other provision in the Conditions, nothing in these Conditions will affect
or limit your statutory rights; or will exclude or limit our liability for
death or personal injury resulting from our negligence.
The Website is provided on an 'as is' and 'as available' basis without any
representation or endorsement made and we make no warranties, whether express
or implied, in relation to the Website, or any transaction that may be conducted
on or through the Website including but not limited to, implied warranties of
non-infringement, compatibility, security, accuracy, condition or completeness,
or any implied warranty arising from course of dealing or usage or trade
custom.
You acknowledge that we cannot guarantee and cannot be responsible for the
security or privacy of the Website and any information provided by you. You
must bear the risk associated with the use of the Internet.
We will use reasonable endeavours to verify the accuracy of any information on
the Website but make no representation or warranty of any kind express or
implied statutory or otherwise regarding the contents or availability of the
Website or that it will be timely or error-free, that defects will be
corrected, or that the Website or the server that makes it available are free
of viruses or bugs. We will not be responsible or liable to you for any loss of
content or material uploaded or transmitted through the Website and we accept
no liability of any kind for any loss or damage from action taken in reliance
on material or information contained on the Website.
We will use all reasonable endeavours to carry out our obligations within a
reasonable period of time but will not be liable to you, the buyer, for any
loss, costs or expenses arising directly or indirectly from any delays if the
delay or failure was due to any cause beyond our reasonable control.
We will not be liable, in contract or tort (including, without limitation,
negligence), or in respect of pre-contract or other representations (other than
fraudulent or negligent misrepresentations) or otherwise for any losses which:
* were
not foreseeable to us at the time when the contract was made;
* relate to any business undertaken by you; and/or
* were
not caused by any breach of the contract by us, our agents or employees.
This
clause does not affect your statutory rights as a consumer, nor does it affect
your contract cancellation rights.
Registration
You
warrant that:
* the
personal information which you are required to provide when you register is
true, accurate, current and complete in all respects;
* you
are not impersonating any other person or entity; and
* you
will notify us immediately of any changes to your personal information by
emailing or telephoning our customer service representatives.
Third Party Rights
Except
for our affiliates, directors, employees or representatives, a person who is
not a party to these Conditions has no right under the Contracts (Rights of
Third Parties) Act 1999 to enforce any term of this agreement but this does not
affect any right or remedy of a third party that exists or is available apart
from that Act.
External Links
To
provide increased value to our users, we may provide links to other websites or
resources for you to access at your sole discretion. You acknowledge and agree
that, as you have chosen to enter the linked website we are not responsible for
the availability of such external sites or resources, and do not review or
endorse and are not responsible or liable, directly or indirectly, for:
* The
privacy practices of such websites;
* the
content of such websites, including (without limitation) any advertising,
content, products, goods or other materials or services on or available from
such websites or resources; or
* the
use which others make of these websites or resources, nor for any damage, loss
or offence caused or alleged to be caused by, or in connection with, the use of
or reliance on any such advertising, content, products, goods or other
materials or services available on such external websites or resources.
Overseas Orders
We can
ship overseas subject to extra shipping or postage costs, as well as any
additional taxes or expenses incurred due to complying with foreign regulatory
requirements or laws. You will have an opportunity to cancel your order in case
these costs are not satisfactory.
Governing Law and Jurisdiction
The
Website is controlled and operated in the United Kingdom.
The Conditions will be governed by the laws of England and Wales and you
irrevocably agree to submit to the exclusive jurisdiction of the courts of
England and Wales.