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Conditions of Use

TERMS AND CONDITIONS FOR SALE

Please read these terms and conditions carefully as it governs the relationship between you and us, when you purchase products from us by internet, phone or from our offices. By accepting these terms and conditions you are forming a contract with us and agreeing to the terms and conditions that appear below. References to “you” "your" and “yourself” are to you as an individual or an organisation. References to “us”, “our” and “we” are to BPS Direct.

1. Your Order

1.1 Each order placed by you with us shall be an offer by you to us to buy products subject the terms and conditions.

1.2 No order you place shall be deemed to be accepted by us until we have received payment from you and issued confirmation of the order.

1.3 You must ensure that the terms of your order, including the address for delivery, are complete and accurate.

1.4 All quotations and advertisements for products given on this website are given on the basis that no contract for sale shall come into existence between us and you until we have received payment from you and issued acknowledgement of your order. Any quotations or advertisements for products given on this website may be altered or withdrawn by us at any time.

1.5 We shall endeavour that all orders are met. We do not, however, guarantee the availability of any product at any time. Where a product is temporarily out of stock we will advise you of when we expect to be able to fulfil orders, however this is an estimate only and shall not be binding upon us.

1.6 Sometimes stock may be withdrawn or discontinued. We shall make every effort to update the website at all times, but you understand and acknowledge that we are not liable to you for any failure or delay to fulfil an order due to products being out of stock, withdrawn or discontinued.

1.7 Once an order has been placed by you and accepted by us you have a right to cancel the order within 7 days, except for custom made or products adapted for you which may be cancelled at our discretion in exceptional circumstances only.  In most cases once work has started for custom made and alterations then cancellation will not be accepted.  

1.8 Sales by auction are final and cannot be cancelled whether by online auction or face to face auction.

1.9 To cancel an order placed in person in any of our offices a handling charge of upto 25% will apply, except for orders for custom made or adapted goods which are non cancellable.

2. Delivery

2.1 Delivery of the products shall take place to the kerbside only at the delivery address contained in your order.  Assistance maybe required by the delivery driver.

2.2 Any dates or times specified by us for delivery of the products are intended to be estimates only and time of delivery shall not be of the essence, and shall not be made of the essence by notice.

2.3 Subject to the other provisions contained in these terms and conditions, we shall not be liable for any direct, indirect or consequential loss (all three terms which include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar losses), costs, damages or expenses caused directly or indirectly by any delay in the delivery of the products (even if caused by our negligence).

2.4 If for any reason you or the person at the delivery address refuses to accept delivery of the products, all risk in the products shall pass to you and we may, at our discretion, charge for return of the products to us, a storage fee and a redelivery fee to another address nominated by you.

2.5 The cost of delivery shall be calculated when you place your order with us and payment shall be due before delivery is arranged.

2.6 You must check the packages carefully before signing acceptance.  You must ask the driver to wait for no more than 15 minutes whilst you check the goods.  If there any signs of damage what so ever, you must sign as DAMAGED on the driver's paperwork and report to us in writing within 48 hours of signing.  If you put UNCHECKED, NOT CHECKED or words to that affect, this will be taken as clear acceptance of the goods.  If there are any discrepancies to the order, please inform us within 48 hours of receipt, otherwise you will have accepted them as they are and we can take no further liability for incorrect or incomplete goods / order.  A signature will constitute acceptance of goods as you will have had ample chance to inspect them in person before signing for them as we define the delivery document to be an acceptance form.

3. Price and Payment

3.1 Unless otherwise agreed between you and us, the price for the products shall be the price as published on the date of the order.

3.2 The price for the products shall be inclusive of VAT and inclusive of all fees and charges in relation to packaging, and carriage to the delivery address but the costs may be shown separately. 

3.3 Payment for the price of the products shall be due in pounds sterling at the time of the order.

3.4 Time of payment shall be of the essence and no payment shall be deemed to be received by us until it has been received in full and cleared funds.

3.5 We reserve the right to charge extra for delivery

3.6 We reserve the right to correct any pricing errors

3.7 We reserve the right to charge for failed deliveries due to customer not being available on the pre-arranged date

4. Warranties

4.1 All warranties, conditions and other terms implied by state or common law are, to the fullest extent permitted by law, excluded from this Agreement.

4.2 All products carry the warranty stated on the product description which maybe subject to certain criteria such as that of installation must be carried out by qualified installers.   Most items are covered for supply only of replacement parts and not labour costs unless otherwise stated.

4.3 We shall only extend the benefit of the manufacturer’s warranty to you, and do not separately warranty the products ourselves.

4.4 In the event of the product requiring replacement or repair under the warranty, you must contact the manufacturer directly or if this is not possible then contact our aftersales department.

4.5 All items should be checked for any signs of damage and you must ensure you have the correct item BEFORE commencing installation

4.6  We do not employ our own field service engineers nor do we pay for installation or re-installation or any form of labour costs

4.7  In respect of items made of plastic, ceramic, wood, glass, marble or similar no guarantee can be given against crazing, variation in shade, staining, and variation in patterns of different batches.  Under no circumstances can the seller take any responsibility once the product has been fixed.  All performance data or any other information in printed or electronic media is purely for guidance only and whilst given in good faith shall not bind us.  The liability of the seller shall in any event be limited to some rights as the seller may have against its suppliers and not exceed the value of the goods.

4.6  Baths, tubs, trays, showers, and water fittings must be water tested for any leaks before finalising installation as no claims for damages will be accepted

4.7 We, our suppliers or the manufacturer reserve the right to see evidence of professional installation by qualified installers for some products.  Failure to produce this evidence will render the warranty being void

4.8 Customising, amending or adapting a product will also render the warranty being void

4.9 Colours shown in any media are for guidance only and may not represent a true representation due to the limitations of printing and display in electronic form

4.10 We make every effort to ensure that specifications are usually correct at time of publishing however in a supplier policy of continuous improvements we reserve the the right to ammend them

5. Returns and Refund Policy

5.1 In the event that any order is incorrect, it must be notified to us within 7 (seven) days after delivery. Please see our returns policy published online at www.bps-direct.com/shop/index.php?main_page=shippinginfo

5.2 In the case of incorrect orders, the products shall be returned to us and we shall redeliver the correct order at our own cost. This must be reported in writing within 48 hours or you will have to indemnify us against any losses we may incur as a result of you not reporting within this time

5.3 If any products are faulty or defective, they must be returned to us within 7 days of delivery except for large products such as baths, showers, gas or electrical appliances. At our own discretion, we shall replace or repair the products free of charge and redeliver them at our own cost, or shall provide a refund of the price paid by you. In the event of replacement of any products, the products returned to us shall become our property. For large items, baths, showers, gas or electrical products please contact the manufacturer directly or our aftersales department in case of difficulty and once commencing installation you must leave the item in place unless instructed otherwise by the manufacturer.

5.4 If we elect to refund you rather than provide a replacement or repair for faulty or defective products, or we are unable to replace any faulty or defective product, the products must be returned to us,  and shall become our property.

5.5 For any sort of return you must contact our aftersales department and obtain a RMA (Return Merchandise Authority) which must be clearly marked on a label outside of the packaging and on any documentation.  Without this goods will be refused by our goods inward department. 

6. Limitation of Liability

6.1 Without prejudice to the other provisions in these terms and conditions, these provisions set out our total financial liability to you.

6.2 All times given for delivery, restocking etc are estimates only and we shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.

6.3 Nothing in this agreement shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to attempt to exclude our liability or for fraud or fraudulent misrepresentation.

6.4 Without prejudice to the other provisions of this agreement, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the performance or contemplated performance of this contract shall be limited to the price of the products in any single order.   We do not cover consequential loss.

6.5 All products sold by us are for use in domestic situations only and are not for commercial use unless otherwise stated.

7. Waiver

7.1 If you breach any provision of these terms and conditions and we ignore this, we shall still be entitled to use our rights and remedies at a later date or in any other situation where you breach any provision of these terms and conditions.

8. Assignment

8.1 We may transfer and/or assign our rights or obligations under these terms and conditions at any time. This will not affect your rights and/or obligations under the terms and conditions. You are not permitted to transfer your rights or obligations under these terms and conditions to any other person.

9. Invalidity

9.1 If any provision of these terms and conditions is found by a UK court in England, tribunal or administrative body of competent jurisdiction, to be wholly or partially illegal, invalid, void, voidable or unenforceable it shall, to such extent, be deemed to be severable and the remaining provisions of the terms and conditions and the remainder of the provision shall continue in full force and effect.

10. Privacy

10.1 All information that you provide about yourself to us shall be used in accordance with our privacy policy which can be seen at www.bps-direct.com/shop/index.php?main_page=privacy.

10.2 You acknowledge that you have read and agree to be bound by the terms of our Privacy Policy.

11. Force Majeure

11.1 Should any event occur at the sellers premises or elsewhere which is beyond the sellers control i.e. industrial action (including strike or lockout) shortage of materials, act of God, war, riot, commotion, fire, flood, breakdown of machinery, or as a result of which the performance of which this contract is prevented or delayed then:-
11.1(a) Without prejudice to its rights in the event of breach of contract by the buyer, the seller reserves the right to cancel delivery or other performance of the sellers obligations under any contract in whole or in part and in the event of part of the contract, less any expenses incurred by the seller to date of the cancellation in part performance of the contract;
11.1(b) If such prevention or delay continues for 90 days - the buyer may elect to cancel the contract or allow the order to remain on the seller's books to be completed at a later stage

12. Variation

12.1 We reserve the right to unilaterally vary these terms and conditions from time to time. You should check and read the terms and conditions for any updates and/or amendments before placing any order with us. If you do not agree to any of the terms and conditions at any time you should not place any order with us.

13. Third Party Rights

13.1 We and you do not intend that any provision in the Terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to these terms and conditions.

14. Governing Law and Jurisdiction

14.1 We shall endeavour to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the laws of England and Wales and you and we shall both submit to the exclusive jurisdiction of the courts of England and Wales.

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