Terms, conditions and policies

Part 1 - General Terms

Part 2 – Terms applicable to use of the on-line shop

Part 3 – Terms relating to this website’s trade zone

Part 4 – Environmental policy

Part 5 – Ethical labour and procurement policy

Part 6 – Private policy

Part 7 – Cookie policy

Important Legal Notice

ATTENTION: This legal notice applies to the entire contents of this website under the domain name https://www.mayflowerbathrooms.co.uk/  (“this Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by MAYFLOWER BATHROOMS LIMITED, a company registered in England and Wales with company number 05984480 and registered office address at 5 Chelston Business Park, Castle Road, Wellington, Somerset, TA21 9JQ (“the Company” or “we”).

PART 1 – GENERAL TERMS

1. INTRODUCTION

1.1. You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2. By accessing any part of this Website, you shall be deemed to have accepted the terms of this legal notice in full. If you do not accept the terms of this legal notice in full, you must leave this Website immediately.

1.3. The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because any changes are binding on you if you continue to use this Website after we have made such changes. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. LICENCE

2.1. You are permitted to print and download extracts from this Website for your personal reference on the following basis:

(a) no documents or related graphics (including photographs) on this Website are modified in any way;

(b) no graphics (including photographs) on this Website are used separately from accompanying text; and

(c) the Company’s copyright and trade mark notices and this permission notice appear in all copies. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.2. Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

2.3. Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS

3.1. Access to this Website is permitted on a temporary basis and the Company reserves the right to withdraw or amend the service provided through this Website without notice. While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.

3.2. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

3.3. From time to time, the Company may restrict access to some parts of this Website, or the entire Website, to users who have registered.

3.4. If you choose, or you are provided with, a user identification code, password or any other piece of information, as part of the Company’s security procedures you must treat such information as confidential, and you must not disclose it to any third party. The Company has the right to disable any user identification code or password, whether chosen by you or allocated by it, at any time, if in the Company’s opinion you have failed to comply with any of the provisions of this legal notice.

4. VISITOR MATERIAL AND CONDUCT

4.1. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. The Company will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of this Website.

4.2. You are prohibited from posting or transmitting to or from this Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b) for which you have not obtained all necessary licences and/or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or 4.5.

4.4. The Company has the right to remove any material or posting if in its opinion, this material or posting does not comply with paragraph 4.2 or 4.5.

4.5. You must not misuse this Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately.

The Company will not be liable for any loss or damage caused by a distributed denial-of-service attach, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

4.6. The Company processes information about you in accordance with its Privacy Policy. By using this Website, you consent to such processing.

5. LINKS TO AND FROM OTHER WEBSITES

5.1.   Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use of those sites. Some of the links may be to third party sites showing demonstrations or providing technical information about the Company’s products. Where such demonstration or technical information is expressly provided by the Company, it is provided for general information purposes only by the Company and is not intended to be a warranty or representation by the Company, and does not form part of any contract formed between you and the Company for the products demonstrated or referred to. You should be aware that such product or services information and materials displayed on third party sites may be out of date. They are provided on an “as is” basis.

5.2.   If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the “Mayflower” logo;

(b) you do not create a frame or any other browser or border environment around this Website;

(c) you do not in any way imply that the Company is endorsing any products or services other than its own;

(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;

(e) you do not otherwise use any “®” trade marks displayed on this Website without express written permission from the Company;

(f) you do not link from a website that is not owned by you; and

(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.3. The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms or it if considers commercially appropriate and to take any action it deems appropriate.

5.4. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.

6. DISCLAIMER

6.1. While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. Neither are any materials on this Website intended to amount to advice on which reliance should be placed. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.

6.2. The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

6.3. Some of the material on this Website has been supplied by third parties, such as news and editorial reviews. The Company is not responsible for the content or views expressed in such material and accepts no liability for them. If you have any concerns about this material, please contact the Company on enquiries@mayflowerbathrooms.co.uk .

7. LIABILITY

7.1. The Company, and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

7.2. Nothing in this legal notice shall exclude or limit the Company’s liability for:

(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

(b) fraud; or

(c) misrepresentation as to a fundamental matter; or

(d) any liability which cannot be excluded or limited under applicable law.

7.3. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8. GOVERNING LAW AND JURISDICTION

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

9. CONTACT

If you have a concern about material which appears on this Website, please contact the website administration team on enquiries@mayflowerbathrooms.co.uk .

 PART 2 – TERMS APPLICABLE TO USE OF THE ON-LINE SHOP

This section sets out the terms and conditions on which the Company (“we”)supplies any products (“Products”) listed on this Website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You may print a copy of these terms and conditions for future reference.

Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. If you refuse to accept these terms and conditions, you will not be able to order any Products from this Website.

1. YOUR STATUS

By placing an order through this Website, you warrant that:

1.1. you are legally capable of entering into binding contracts; and

1.2. you are at least 18 years old.

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE COMPANY

2.1. After placing an order, you will receive an email acknowledging that we have received your order. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.

2.2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Conformation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

3. CONSUMER RIGHTS

3.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 7 below).

3.2. To cancel a Contract, you must inform us in writing at enquiries@mayflowerbathrooms.co.uk . You must also return the Products to the Company immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation, or we may not make a full refund.

3.3. Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.

4. AVAILABILITY AND DELIVERY

4.1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 60 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

5. RISK AND TITLE

5.1. The Products will be at your risk from the time of delivery.

5.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

6. PRICE AND PAYMENT

6.1. The price of the Products and our delivery charges will be as quoted in the Dispatch Confirmation.

6.2. Product prices include VAT.

6.3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

6.4. The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

6.5. The Company is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

6.6. Payment for all Products must be by credit or debit card. The Company will not charge your credit or debit card until we dispatch your order.

7. OUR REFUNDS POLICY

7.1.   If you return a Product to us:

(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 3 of this PART TWO above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.

(b) for any other reason (for instance, because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

7.2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8. OUR LIABILITY

8.1. Subject to clause 8.3 of this PART TWO, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.

8.2. Subject to clause 8.3 of this PART TWO, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits;

(d) loss of anticipated savings; or

(e) waste of management or office time.

However, this clause 8.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (e) inclusive of this clause 8.2.

8.3. Nothing in this agreement excludes or limits the Company’s liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

(d) defective products under the Consumer Protection Act 1987; or

(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

9. IMPORT DUTY

9.1. If you order Products from this Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that the Company has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

9.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

10. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. NOTICES

All notices given by you to us must be given to MAYFLOWER BATHROOMS LIMITED at 5 Chelston Business Park, Castle Road, Wellington, Somerset, TA21 9JQ. We may give notice to you at the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12. TRANSFER OF RIGHTS AND OBLIGATIONS

12.1. The contract between you and us is binding on you and us and on our respective successors and assignees.

12.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

12.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. EVENTS OUTSIDE OUR CONTROL

13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

13.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks; and

(f) the acts, decrees, legislation, regulations or restrictions of any government.

13.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. WAIVER

14.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

14.2. A waiver by us of any default will not constitute a waiver of any subsequent default.

14.3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.

15. SEVERABILITY

If any of the terms of this legal notice or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. ENTIRE AGREEMENT

16.1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

16.2. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty or information (whether made innocently or negligently) or information that is not set out or expressly referred to and incorporated in this legal notice.

16.3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

16.4. Nothing in this clause limits or excludes any liability for fraud.

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