Terms and Conditions

 

Terms and Conditions

The walk in Bath Trading Company Ltd. (Wibtrac)

Please Pay Particular Attention to Clause 9.

 

1 DEFINITIONS

 

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the

Goods and/or Services from the Supplier;

 

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 Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

 

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

 

1.5 "Services" means the services that the Buyer agrees to buy from the Supplier and with an installation to have installed the product by the Company or its agents.

 

1.6 "Supplier" means The Walk in Bath Trading Company (Wibtrac) of Telford Business Centre, Halesfield 8 Business Park, Telford, TF7 4QN. that owns and operates www.wibtrac.co.uk  

 

1.7 "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 Supplier;

 

1.8 "Website" means www.wibtrac.co.uk

 

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 and/or Services by the Supplier 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 Supplier.  

 

2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

 

2.6 Any complaints should be addressed to the Supplier's address stated in clause 1.6.

 

3 ORDERING

 

3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier 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 28 days. The cancellation must be within 7 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 website.

 

4 PRICE AND PAYMENT

 

4.1 The price of the Goods and/or Services shall be that as stipulated on our current price list. The price is exclusive of VAT. Where applicable, the price excludes delivery charges.

 

4.2 The total purchase price, including VAT if appropriate will be confirmed with the order acknowledgement.

 

4.3 After the order is received the Supplier shall confirm by email or post the details, description and price for the Goods and/or Services.

 

4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made via Credit Card. Any Balance must be paid at least three whole working days prior to the delivery of the goods.

 

4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.

 

4.6 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

 

5 PERFORMANCE OF SERVICES

 

5.1 The Supplier shall begin to perform the Services as soon as the 50% deposit or the total balance has been received .

 

5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

 

6 RIGHTS OF SUPPLIER

 

6.1 The Supplier reserves the right to periodically update prices without notice and cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

 

6.2 The Supplier reserves the right to withdraw any Goods and/or Services at any time.

 

6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services or for refusing to process an order.

 

7 AGE OF CONSENT

 

7.1 Where Goods and/or Services 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 and/or Services.

 

7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.

 

8 DELIVERY

 

8.1 Goods supplied within the UK will normally be delivered within 14 working days of receipt of the balance which is payable when the goods are in stock and available for dispatch..

 

8.2 Goods supplied outside the UK will normally be delivered within 60 working days of receipt of the balance which is payable when the goods are in stock and available for dispatch..

 

8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Seller cannot accept any responsibility for circumstances that have caused this that are outside of their control.

 

8.4 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

 

8.5 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.

8.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

 

8.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full. Should the Buyer change his mind after delivery he will be responsible to pay the full contracted sum.

 

9 CANCELLATION AND RETURNS

 

9.1 After placement of the order the Buyer has a cooling off period of 7 days in which to cancel. Such cancellations must be made by e-mail and or in writing to the companies address.

 

9.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier via e-mail or letter 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.

 

9.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 28 days of delivery. The Buyer shall be entitled to a replacement (including delivery costs) plus any return postal charges if the Goods are in fact defective.

 

9.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract within 7 days of placing it. This cancellation must be in writing and received at the address on the contract within 7 days.

 

9.5 In the event of a family tragedy and after the presentation of documented proof to the company, the company will accept a cancellation after the cooling off period and prior to the delivery of the goods. The Buyer will receive a refund of all monies paid for the Goods..

 

9.6 With a Supply Only purchase after Delivery of the Bath and after the Cooling Off period, should the client decide that the Bath is not needed, because it will not fit, it is the wrong colour, the client decides to move or whatever reason, the Company may, at its discretion, agree to accept the Bath back into stock as long as it is returned in its original packaging and is not damaged. The refund, less a 40% handling fee and less any return transportation fees will be made as soon as the Bath has been inspected at the warehouse to where the Bath was returned.

 

9.7 Goods to be returned must clearly show the order number obtained from the Supplier on the package.

 

9.8 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.

 

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 Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier 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 Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

 

11 WAIVER

 

No waiver by the Supplier (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

 

The Supplier 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 Supplier shall be entitled to a reasonable extension of its obligations.

 

13 SEVERANCE

 

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

 

The Supplier 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

 

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.

 

16 WARRANTY

 

Wibtrac provides a lifetime Warranty on the door seal to the original owner. There is a three year limited Warranty on the Walk in Bath and Fixtures when we complete the installation.

 

Delivery and Payment

 

With a supply only we do need the balance paid three days prior to delivery or collection of your Walk in Bath. With a complete installation we will accept a reasonable deposit and the Balance has to be paid whilst the installer is on site.

 

Privacy Statement

 

Wibtrac is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK. The purpose of this statement is to explain to you what personal information we collect and how we may use it. When you fill out one of our enquiry forms we ask you for your Name, Company Name, Telephone, Address, Email and Nature of your Enquiry. We use this information to inform you or our products and services.

 

We do not sell, rent or exchange your personal information with any third party for commercial reasons.

 

We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation.

 

We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by emailing sales@wibtrac.co.uk  or calling 01952 601061.

 

We use a technology called "cookies" as part of a normal business procedure to track patterns of behaviour of visitors to our site. A cookie is an element of data that our Website sends to your browser which is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

 

We will not transfer your information outside the EEA (European Economic Area) without first obtaining your consent.

 

When you place an order we do not store any of your financial details including credit or debit card numbers. These financial details are held securely by the payment processor.

 

Walk in Bath Trading Company. (WIBTRAC),

Space Centre,

Telford Business Centre,

Halesfield 8 Business Park,

Telford,

TF7 4QN.

UK.

e.mail: sales@wibtrac.co.uk  www.wibtrac.co.uk 

Tel 00 44 (0) 1952 601061.