Terms and Conditions

Custom Shower packages 

Our Cruze, Gallini & Milan Shower packages are Not branded items, they are packages made utilising components from our stock, items supplied are as stated in our Product description, these packs are unique to InstockBathrooms.com and although similar in appearance, cannot be matched against other online sellers.  Component packaging will NOT display Cruze, Gallini & Milan labelling.

Use of Instockbathrooms.com website.

We grant YOU a single non exclusive and non-assignable licence to access instockbathrooms.com on the condition that you adhere to our Terms and Conditions as listed below;

The Website

1.1.1  The Website may be used only for lawful purposes and in a lawful manner. you agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the instockbathrooms.com.

1.1.2  We cannot guarantee that the appearance and/or colours of the Goods shown on this site exactly reproduces the appearance and/or colours of the Goods themselves, this will vary according to the resolution and the screen type of your computer.

1.1.3  We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

1.1.4  We accept no responsibility for the inaccessibility of this Website caused by the users of non-compatible, defective or obsolete hardware or software.

Personal Information – In supplying your personal information on this website, you warrant that:

1.2.1  The Personal Information which you are required to provide is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information affecting any order by contacting us by e-mail at instockbathrooms1@gmail.com or by telephoning us on 0191 375 9697

1.2.2  You will not, in using the Website, or by telephone, impersonate any other person or entity or use a false name or a name that you are not authorised to use.

Privacy policy

1.3.1  We will treat all your Personal Information obtained by us as confidential (although We may disclose this information in the circumstances set out below). We will keep it on a secure server and We will comply with current applicable GPDR, Data protection and consumer legislation.

1.3.2  When you shop with us we may ask you to provide personal information such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit/debit card or other payment information.

1.3.3  We may also collect location information (eg your URL, IP address, domain types such as .co.uk and .com, and telephone area code. Any advertisements you accessed, and any searches that you performed on Our Website (“user Information”).

1.3.4  We confirm that any Personal Information that you provide to us (or that is available on public registers) and any user Information from which We can identify you, is held in accordance with the notification We have provided to the Information Commissioner pursuant to the Data Protection Act 1998. We may process your Personal Information and user Information only for the following purposes:

• Processing your orders
• Performing the contract
• Statistical purposes to improve the Website and services.
• To administer the Website.
• Where required by law or where processing is permitted by the Data Protection Act 1998.

1.3.5  You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and  that you will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

1.3.6  On placing an order you accept that you consent to receive information from us by post, e-mail or telephone.

1.3.7  Your Personal Information may be disclosed to third parties who may process, deliver or provide items as part of your purchase. We will not release your Personal Information to any outside company for mailing or marketing purposes.

1.3.8  We will take all reasonable care, as required by applicable data protection law, to keep the details of your order and payment secure, but in the absence of negligence or breach of any applicable law 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.

Purchase of Goods

1.4.1  No contract will subsist until We accept your order by e-mail confirming that we have accepted your order. Completion of the contract between you and us will take place upon delivery to you of the Products. Any such contract will be deemed to have been agreed and concluded in the United Kingdom. Non-acceptance of an order may be a result of one of the following:

• The product you ordered being unavailable from stock with our suppliers, with no firm availability date provided.
• No ability to obtain authorisation for your payment;(by us)
• The identification of a pricing or product description error;
• You not meeting the eligibility to order criteria set out under 1.9.5 (below)

1.4.2  If there are any problems or availability issues with your order, We will contact you using the Personal Information provided by you.

1.4.3  If you wish to exercise your right to cancel this contract prior to order despatch, follow the procedure set out in Order Changes/Cancellation below. If your order has already been dispatched please follow the procedure set out in Returns below.

1.4.4  If you are purchasing Goods via the Website just browse our Catalogue, and click on any items that you wish to buy and put them into the shopping cart. After you have finished your selection, click on “Order” and you will be asked for a few details that We need to be able to satisfy the order.

1.4.5  Due to fraudulent operations and insurance purposes, In some instances we may be unable to deliver goods to addresses that are not the official billing address registered to the payment means. We will contact you if this occurs.

1.4.6  We accept credit/debit card payment using Visa and Mastercard providing that all goods are paid for in full upon placing your order via the webpage or by telephone.

Order Amendments/Cancellation

1.5.1  The contract for the purchase of Goods will be concluded via the website or telephone without any face to face contact having occurred between us. You have a 14 day period from the date when the Goods are received in which to cancel this contract. This right does not apply where:

• We have started to customise any materials (including manufacturing Goods)
• We have placed your order for customised items from Our manufacturer in accordance with your requirements.

If your order is unable to be cancelled for the reasons provided above please follow the procedure set out in Our Returns policy below.

1.5.2  If you wish to amend or cancel an order then you should contact us ASAP at instockbathrooms1@gmail.com or 0191 375 9697 stating the information below. and we will endeavour to act on your request.

•  Customer Name;
• Order Number;
• Date of the order;
• Details of the change or cancellation.

1.5.3 Please note that your right to return Goods pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) act does not apply in this contract where the Goods are manufactured for you, customised to your specifications or specially ordered.

1.5.4 If you wish to cancel because of any problem with the Goods, Please follow the Returns Procedures below

Returns – If you wish to return any unwanted or defective item to us then you must follow our Returns Procedure

PLEASE DO NOT RETURN ANY ITEMS WITHOUT CONTACTING US FIRST

We strive to ensure that all of our products are delivered in good condition,  good working order and meet the users requirements. Unfortunately, due to unforeseen circumstances this can not always be the case, therefore we have a returns policy in place to cover these issues.

1.6.1 If your order is noticeably damaged on receipt of delivery, do not accept the consignment and do not sign nor receive it from our couriers.

• In all other cases of damage please contact us immediately via email or telephone to arrange the return of the item for examination.

1.6.2  We must be informed of any damage or missing parts within 36 hours of consignment receipt. No claims will be processed after this time period (unless there is a clear manufacturing or functionality error).

1.6.3 In cases of damaged goods we will arrange delivery of a replacement unit or issue a full refund. No refunds will be made until the item has been returned to the manufacturers for inspection and a refund is authorised by them. We will pay the return courier charge.

1.6.4 In cases where the return is requested by the customer and is Not subject to a faulty or damaged item, refunds will only be issued after the item has been returned and inspected by us (providing that the goods are deemed resalable) in this case the customer will bear any charges for postage. We highly recommend that a signed for & insured courier service is used on all returns.

1.6.5 If you are unhappy with the product for aesthetic reasons you may return them to the address shown below. Returns must be made within fourteen days of you receiving the goods. The customer is responsible for the return postage costs. We must be informed by email or telephone of your intent to return any goods prior to you returning them.

1.6.6 Some manufacturers will only accept returns on payment of a restocking fee of up to 50% of the value of the order after fourteen days have elapsed. The customer will be responsible for the safe return of the product.

1.6.7 If there is a problem with the goods on or after fitting, please contact as soon as possible. We may need to contact the manufacturer to help us assess the problem. The manufacturer may need to send an engineer to inspect the items in situ so please do not remove any fitted items until you are advised to do so. Once fitted items are wholly covered under manufacturers warranties.

1.6.8 In all cases of return, please attach a label to the outer packaging bearing our address. Please do not write on or attach anything to the manufacturers packaging. Please ensure the goods are packaged adequately to protect against damage. We highly recommend that you use an insured carrier for your own safety as we will be unable to process refunds for any goods which are returned damaged or in an unsaleable condition.

In accordance with the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you can cancel at any time up to 14 working days after the day of delivery. To cancel please email or write to us. If returning goods under this regulation it will be your responsibility to ensure that the goods are received by us in good condition. We suggest that insurance is taken out for the return of such goods as any goods returned damaged may not be refunded. Please note that delivery of goods is deemed to be a separate contract of services and is not covered by the cooling off period therefore any refund for goods returned under this regulation will be less our costs for delivering the order to you. This does not apply to special order items as detailed above.

PLEASE NOTE It may take up to 30 days in order to process any refund, this is covered within, Consumer Contracts (Information, Cancellation and  Additional Charges) Regulations 2013

This policy is in addition to any statutory rights that you may have as a consumer, which remain unaffected

Delivery Policy

Our deliveries are carried out by third party operators and occasionally, shipments may be delayed due to circumstances beyond our control. We accept no responsibility for any late deliveries under these circumstances.

1.7.1 If your order is lost in transit we will contact the courier to ascertain what has happened. If necessary we will despatch a replacement unit.

1.7.2 Most products listed on this website are in stock and ready to ship. Smaller items (showers, taps etc) will be shipped no later than the next working day, Using a next day delivery courier, once despatched the customer will receive tracking information for their consignment. Large items or glassware is shipped on a pallet, despatched within 24hrs on a next day service. The customer will be informed upon dispatch, and informed prior to attempted delivery. Working days are Monday to Friday excluding bank holidays.

1.7.3  In some cases, goods may delivered directly from our distribution centre on our own transport (If in local area, or on delivery routes),

1.7.4 Delivery times are as agreed between us and you, these may vary, but every attempt will be made to ensure accurate delivery estimates. Any major differentiation between our estimated delivery times and actual delivery times will be passed on to yourselves via telephone or email.

1.7.5  It may be necessary to deliver the Goods in instalments, if this is the case we will inform the customer prior to despatch.

1.7.6 Notification of short delivery (items missing) or damage in transit must be sent to us within three days of the receipt of the Goods. For items which are dispatched using a pallet service you agree to check the goods for damage. The delivery driver will wait for up to 15 minutes whilst you thoroughly check the items for damage. You are entitled to refuse the delivery if you see any damage to any products. If you have purchased a large number of items, it is advisable that you have another able bodied person to help in checking of the goods.

1.7.7 Deliveries are made to the nearest hard road point and for the avoidance of doubt We are only insured and required to deliver the Goods to your delivery address and not to bring them into a property or install them. We will only deliver Goods to the address on the order.

1.7.8 If for any undetailed reason, you do not accept delivery of any Product in accordance with this paragraph then We may charge you an additional fee to cover any return costs incurred by us as a result.

1.7.9 Where your order consists of heavy and/or bulky goods, assistance must be available to Our drivers to offload the Goods. In the event that no assistance is available then We will not be in a position to offload the Goods and We will charge a fee of 10% of the price of the Goods for re-delivery.

1.7.10 For the avoidance of doubt, you will be responsible for the Goods as soon as they have been delivered to your delivery address. From the time of delivery of the Goods any loss or damage to the Goods shall be at your own risk. You may properly examine the goods for 14 days as you would do had you visited our showroom, however you may not return any goods that have been installed unless they have been declared as faulty by a qualified engineer.

1.7.11 Do not arrange for installation of the Goods until they have been delivered and checked for correctness, damage and shortages.

1.7.12 Delivery itself is charged as a service rather than an addition to goods purchased. When an order is dispatched the service agreement for delivery is deemed to have been completed (as long as the goods are received).

1.7.13 Delivery to locations other than Mainland UK  (including but not limited to some Scottish postcodes and all offshore locations) may incur additional delivery charges  Your order will be confirmed by telephone where exact delivery charges will be specified (this does not affect your right to cancel your order). If you have any doubt regarding your location and associated delivery charges please call 0191 375 9697 for advice.

Product Description

1.8 Each Product purchased is sold subject to its Product Description which may set out additional Specific Conditions related to that Product including, warranties, after-sales service and guarantees.

1.8.1 We will take all reasonable care to ensure that all details, descriptions and prices of Products are correct at the time when the relevant information was entered onto the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with Our Order Acceptance policy above.

1.8.2 In the event a product is listed incorrectly due to a typographical error or error in information from our suppliers. We may refuse or cancel any orders listed, whether or not the order has been confirmed. (as the product may have a specification different to your needs) If your credit/debit card has already been charged and We subsequently cancel your order, We will immediately issue a credit to your credit/debit card account for the value paid (including associated delivery charges).

Payment

1.9 All prices are shown inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered including VAT, plus delivery charges. Payment can be made by any of the methods specified in the Conditions and payment will be debited once the Goods have been ordered.

1.9.1 We reserve the right to make adjustments to the price to take account of any increase in Our supplier’s prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong. Correct prices will be confirmed by telephone if an error has occurred and you will be given the opportunity to cancel the order.

1.9.2 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason authorise payment to us, We may refuse your order. Credit/Debit card payments should be placed by the named person only.

1.9.3 All card payments are processed by UTP Merchant services on our behalf.

Refusal of Transaction

1.9.4 We reserve the right to withdraw any Goods from the Website at any time and/or remove or edit any content on this Website. We will not be liable to you or any third party by reason of withdrawing any Product, removing or editing any content on the Website; refusing to process a transaction or suspending any transaction after processing has begun.

1.9.5 To be eligible to purchase Products on the Website and lawfully enter into and form contracts on the Website under English law you must:

• Be over the age of 18 years
• Register by providing your real name, phone number, e-mail address, payment details and other requested information;
• Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable.
• Possess a valid credit or debit card.

1.9.6 By purchasing Goods, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.

Indemnity

2.0 You agree fully to indemnify, defend and hold instockbathrooms.com, Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or that of any other person accessing the Website using your Personal Information.

Our Rights

2.1 We reserve the right to:

• Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice, and you confirm that We shall not be liable to you for any modification to or withdrawal of the Website.
• Amend our Terms and  Conditions to match company policy or comply with legislation, and your continued use of the Website, placing of any order following such change shall be deemed to be your acceptance of amendments. It is your responsibility to check regularly to determine whether the Conditions have been changed.
•  Reject any offer to buy any Goods received from any person.

Third-party links

2.2 We may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) 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 (iii) the use to 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.

If you have a particular concern regarding the way your personal information will be used then you are advised to read the privacy statement on the relevant site.

Property and Risk

2.3 Risk of damage to or loss of the Goods shall pass to you:

•  in the case of Goods to be delivered at Our premises, at the time when We notify you that the Goods are available for collection; or
• In the case of Goods to be delivered otherwise than at Our premises, at the time of delivery or, if you wrongfully fail to take delivery of the goods at the time when we have tendered delivery of the Goods.

2.3.1 The property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be supplied by us to you for which payment is then due.

2.3.2 Until the property in the Goods passes to you, you shall hold the Goods as Our fiduciary agent and bailee, and shall keep the Goods separate from those of your own and third parties and properly stored, protected and insured and identified as Our property. Until that time you shall be entitled to resell or use the Goods in the ordinary course if its business, but shall account to us for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of yours and third parties and, in the case of tangible proceeds, properly stored, protected and insured.

2.3.3 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain Our property, but if you do so all the monies owing by you to us shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.

Warranty

Subject to the Conditions, We warrant that the Goods shall be delivered to you, free from defects in workmanship and materials. We can work as agents for the customer in disputing any claim, however once fitted all items are subject to a warranty agreement between the manufacturer and the customer.

2.4 for goods supplied with a manufacturer’s guarantee, once fitted the items will be covered entirely by the manufacturers warranty, It is the customers responsibility to ensure that any eligible products have their warranties registered.

Intellectual property and right to use

2.5 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website or otherwise by us shall remain at all times vested in us or the owners under licence from whom the content appears. you are permitted to use this material only as expressly authorised by us. you also;

• Agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material including (but not limited to) reproduction, modification, distribution, transmission, removal, deletion, addition, display, performance, or replication of the content of the Website or any other manner of exploitation of any contents of the Website or Our catalogue in part or in whole is strictly prohibited.
• Agree that any copyright material posted on this Website or in Our Catalogue which is not Our property is acknowledged as such. All right to this copyright remain with the proprietor of the copyright subject to a licence to us.

Limitation of liability

2.6.1 We will not be liable in contract, tort (including, without limitation, negligence), or for pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by any party arising out of or in connection with any use of the Website.

Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants or employees.

2.6.2 Any advice or recommendation given by Our employees or agents to you or your employees or agents as to the storage, application or use of the Goods (which is not confirmed in writing by us) is followed or acted upon entirely at your own risk, and accordingly We shall not be liable for any such advice or recommendation which is not so confirmed. We recommend seeking professional advise wherever possible to the exact and precise nature of your requirements.

We shall not be liable to you where performance of any of Our obligations to you is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of Government or any other cause not within Our reasonable control.

Severance

2.7 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

2.8 No waiver by us of any provision of the Conditions shall be construed as a waiver of any proceeding, succeeding or continuing breach of any provision of the Conditions.

Entire agreement

2.9.1 These Conditions govern Our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. you confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.

2.9.2 Nothing in this Clause shall limit or exclude Our liability in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions.

Law

2.10.1 The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

2.10.2 The submission by the parties to such jurisdiction shall not limit Our right to commence any proceedings arising from any breach of these conditions in any other jurisdiction it may consider appropriate.

Statutory Rights

2.11 Where you are a consumer as defined by the Distance Selling Regulations 2000 your statutory rights are not affected by the Conditions.