Our terms
1. Definition of order (All Orders)
Shower People Ltd’s definition of “a confirmed order” is when we are instructed either verbally or by means of paying a deposit to obtain goods on behalf of our customers. All goods supplied remain the property of Shower People Ltd until full payment has been received. Please note, all estimates provided do not cover unforeseen issues such as water damage. Any further estimated costs agreed between yourself and Shower People Ltd, will be discussed and put in writing should this situation arise as soon as possible.
2. Cancellation of an order (All Orders)
All orders once confirmed by means of verbal / written instruction or deposit paid, cannot be cancelled or changed unless agreed by Shower People Ltd. In exceptional circumstances if cancellation is agreed, there will be a restocking fee of 25% of the value of the goods..
3. Planning and Advice (All Orders)
Whilst Shower People Ltd are happy to give their expertise and advice in helping customers plan their bathrooms and kitchens, we take no responsibility for products that are deemed to be the wrong size for the bathroom or kitchen in terms of space. This includes door opening distances, spaces between products, spaces from products to walls and not limited to the mentioned before. We feel that all spaces are a customer choice and vary in opinion from customer to customer and there is no exact science in the bathroom or kitchen planning industry to what spaces there should be. All orders will be an estimated finish date and we cannot guarantee the actual end date (if given).
4. Tile Quantities & Panelling/Flooring Colours (All Orders)
Shower People Ltd will help calculate the quantity of tiles you require for your bathroom or kitchen. Due to the nature of wastage of tiles, careful consideration needs to be given to areas such as windows, doors , size of tiles etc, we do not guarantee the quantity of tiles needed. This applies to “supply only” and “installation” orders. As the tiles/panels or flooring are batched through the manufacturing process and can slightly differ in colour from one batch to another, we recommend you purchase more than needed then return unwanted tiles for a full refund. Please note Shower People Ltd are not responsible for being unable to supply the same batch as originally purchased. As a standard, tiles will not be removed unless agreed in writing prior to commencement of works. An additional fee will be charged for removal of tiles.
5. Water Pressure (All Orders)
While Shower People Ltd will give advice on what products will suit the customers hot water system, we will only guarantee that it will work to a minimum specification. We cannot guarantee that it will work to the customers’ expectations. Should any boiler or gas issues arise, Shower People will not be held accountable as these types of faults are not covered under Shower People Ltd warranty.
6. Unwanted Goods (All Orders)
Due to the large variety of products within our showroom, we are unable to offer a refund or exchange on unwanted products unless products are stocked by Shower People Ltd. We do work with our suppliers and where they offer a return policy with a restocking charge, we will offer a refund with their restocking charge applied. If you are unsure whether the products you are ordering fall into products that can be returned or exchanged, please ask at the time of ordering. (left over full boxes of tiles can be refunded). Please note that walk-in baths are made specifically to order and the baths cannot be returned, therefore upfront payments are non refundable.
7. Wrong Measurements (Supply Only)
For “supply only”, Shower People Ltd take no responsibility for measurements in terms of items fitting in required spaces. This is the responsibility of the purchaser to confirm the suitability of all products purchased. However, if you are arranging installation through Shower People Ltd installers, we do take responsibility for all measurements.
8. Delivery Dates (Supply Only)
Shower People Ltd cannot guarantee delivery dates however, we will try to give accurate dates based on the information we have at the time of ordering, Therefore, we recommend that no tradesman is booked until you have been made aware that your bathroom or kitchen furniture and other items are stock. We will endeavor our utmost to keep the customer informed of any delays in products that are on order.
9. Damaged Products (All Orders)
All goods must be checked before commencement of installation. Shower People Ltd deem that once installation has commenced, it is assumed that the products have been checked for any damage. At this point Shower People Ltd relinquished any responsibility in terms of damaged products. We Advise you point out to any third party installers that the product must be checked before installation commences. However, if the product is found to be damaged within one month of delivery and has not been attempted to be installed, we will gladly exchange the product. Please note, not all goods may be in stock and some can take up to two weeks to arrive for bathrooms and sometimes in excess of this for kitchens. We recommend an early inspection of your goods, this will help to avoid any hold up within the fitting process.
10.Installation Dates (Fitting Only)
We endeavor to give as accurate a fitting date as possible, however on rare occasions which are unforeseen such as illness , we may have to amend your fitting date. As we have made you aware, this is only a provisional date. We do not accept this as a reason to cancel a confirmed order or seek or request any form of compensation..
11. Installation Guarantee (Fitting Only)
We offer a comprehensive one-year guarantee on all products, and installation for one year. Please ask for clarification on individual items for the period of the guarantee if required. Guarantees offered by the manufactures do not cover labour however, If Shower People Ltd have installed your bathroom or kitchen we cover labour for the year only. For white goods or any other electrical appliances, please refer to the manufacturer's guarantee and activate within the timescales. Please note: If any third party intervenes with Shower People's workmanship your warranty will be deemed invalid.
12. Payments (All Orders)
All orders will be discussed, a payment schedule will be then agreed upon confirmation of order (or in rare cases and otherwise agreed by Shower People Ltd in writing)
as follows;
- 50% deposit taken to confirm the booking
- Progress payment due upon the first day of installation
-If applicable, mid term progress payment date TBC with invoice
-The final payment must be made on the last day of installation
All payments must be made on time
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply
products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit your
order to us. These terms tell you who we are, how we will provide products to you, how
you and we may change or end the contract, what to do if there is a problem and other
important information. If you think that there is a mistake in these terms please contact
us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Shower People Limited a company registered in England and
Wales. Our company registration number is 10389417 and our registered office is at
Network House, Stubs Beck Lane, Cleckheaton, West Yorkshire, England, BD19 4TT.
Our registered VAT number is 279150876.
2.2 How to contact us. You can contact us by telephoning our customer service team on
01133450300 or by writing to us at info@showerpeople.co.uk or Unit A Whingate
Junction, Tong Road, Leeds, LS12 3BT.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by
writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms,
this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we
call, write or email you to accept it or issue a quotation sheet, at which point a contract
will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform
you of this and will not charge you for the product. This might be because the product is
out of stock, because of unexpected limits on our resources which we could not
reasonably plan for, because a credit reference we have obtained for you does not meet
our minimum requirements, because we have identified an error in the price or
description of the product or because we are unable to meet a delivery deadline you
have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is
when we accept your order. It will help us if you can tell us the order number whenever
you contact us about your order.
3.4 We only sell to the UK. Our website and other promotional materials are solely for the
promotion of our products in the UK. Unfortunately, we do not accept orders from
addresses outside the UK.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our
website and other promotional materials are for illustrative purposes only. Although we
have made every effort to display the colours and materials accurately, we cannot
guarantee that a device's display of the colours and materials or picture in promotional
material accurately reflects the colours and materials of the products. Your product may
vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown
in images on our website and in other promotional materials.
4.3 Making sure your measurements are accurate. If we are making the product to
measurements you have given us you are responsible for ensuring that these
measurements are correct. You can find information and tips on how to measure by
contacting us.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you
know if the change is possible. If it is possible we will let you know about any changes to
the price of the product, the timing of supply or anything else which would be necessary
as a result of your requested change and ask you to confirm whether you wish to go
ahead with the change. If we cannot make the change or the consequences of making
the change are unacceptable to you, you may want to end the contract (see 8- Your
rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes
will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we
informed you in the description of the product on our website, in store, over the
telephone, via email, in our promotional materials or on our quotation sheet, we may
make the following changes to these terms or the product, but if we do so we will notify
you and you may then contact us to end the contract before the changes take effect and
receive a refund for any products paid for but not received:
(a) Changes to our suppliers;
(b) Slight variations to the colour, finish or pattern of the products;
(c) Slight variations to the handles on our products;
(d) The discontinuation of a product; or
(e) The addition, removal or alteration of a clause in these terms.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website, as
discussed over the telephone, in store, via email, as displayed in our promotional
materials or on our quotation sheet.
7.2 When we will provide the products.
(a) If the products are goods. If the products are goods we will contact you to
agree a delivery date, which will be within 30 days after the day on which we
accept your order.
(b) If the products are one-off services. We will begin the services on the date on
the date agreed with you during the order process. The estimated completion
date for the services is as told to you during the order process.
(c) If the products are ongoing services or a subscription to receive goods.
We will supply the services or goods to you until either the services are
completed or the subscription expires (if applicable) or you end the contract as
described in 8 or we end the contract by written notice to you as described in
7.3 We are not responsible for delays outside our control. If our supply of the products is
delayed by an event outside our control then we will contact you as soon as possible to
let you know and we will take steps to minimise the effect of the delay. Provided we do
this we will not be liable for delays caused by the event, but if there is a risk of
substantial delay you may contact us to end the contract and receive a refund for any
products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the products from our premises, you can
collect them from us at any time during our working hours displayed on our website
(excluding public holidays).
7.5 If you are not at home when the product is delivered. If no one is available at your
address to take delivery and the products cannot be posted through your letterbox, we
will leave you a note informing you of how to rearrange delivery or collect the products
from a local depot.
7.6 If you do not re-arrange delivery. If you do not collect the products from us as
arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect
them from a delivery depot we will contact you for further instructions and may charge
you for storage costs and any further delivery costs. If, despite our reasonable efforts,
we are unable to contact you or re-arrange delivery or collection we may end the
contract and 10.2 will apply.
7.7 If you do not allow us access to provide services. If you do not allow us access to
your property to perform the services as arranged (and you do not have a good reason
for this) we may charge you additional costs incurred by us as a result. If, despite our
reasonable efforts, we are unable to contact you or re-arrange access to your property
we may end the contract and 10.2 will apply.
7.8 When you become responsible for the goods. A product which is goods will be your
responsibility from the time we deliver the product to the address you gave us or you or a
carrier organised by you collect it from us.
7.9 When you own goods. You own a product which is goods once we have received
payment in full.
7.10 What will happen if you do not give required information to us. We may need
certain information from you so that we can supply the products to you, for example,
your address and a suitable time for delivery. If so, this will have been stated in the
description of the products on our website, told to you over the phone, in store, via email,
set out in our promotional material or on our quotation sheet. We will contact you to ask
for this information. If you do not give us this information within a reasonable time of us
asking for it, or if you give us incomplete or incorrect information, we may either end the
contract (and 10.2 will apply) or make an additional charge of a reasonable sum to
compensate us for any extra work that is required as a result. We will not be responsible
for supplying the products late or not supplying any part of them if this is caused by you
not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend
the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory
requirements;
(c) make changes to the product as requested by you or notified by us to you (see
use 6).
7.12 Your rights if we suspend the supply of products. We will contact you in advance to
tell you we will be suspending supply of the product, unless the problem is urgent or an
emergency. If we have to suspend the product we will adjust the price so that you do not
pay for products while they are suspended. You may contact us to end the contract for a
product if we suspend it, or tell you we are going to suspend it, in each case for a period
of more than 2 months and we will refund any sums you have paid in advance for the
product in respect of the period after you end the contract.
7.13 We may also suspend supply of the products if you do not pay. If you do not pay us
for the products when you are supposed to (see 12.4) and you still do not make payment
within 14 days of us reminding you that payment is due, we may suspend supply of the
products until you have paid us the outstanding amounts. We will contact you to tell you
we are suspending supply of the products. We will not suspend the products where you
dispute the unpaid invoice (see 12.6). We will not charge you for the products during the
period for which they are suspended. As well as suspending the products we can also
charge you interest on your overdue payments (see 12.5).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will
depend on what you have bought, whether there is anything wrong with it, how we are
performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal
right to end the contract (or to get the product repaired or replaced or a
service re-performed or to get some or all of your money back), see 11;
(b) If you want to end the contract because of something we have done or
have told you we are going to do, see 8.2;
(c) If you have just changed your mind about the product, see 8.3. You may be
able to get a refund if you are within the cooling-off period, but this may be
subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your
mind), see 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you
are ending a contract for a reason set out at (a) to (e) below the contract will end
immediately and we will refund you in full for any products which have not been provided
and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms
which you do not agree to (see 6.2);
(b) we have told you about an error in the price or description of the product you
have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because
of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you
we are going to suspend them for technical reasons, in each case for a period
of more than 2 months or
(e) you have a legal right to end the contract because of something we have done
wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations
2013). For most products bought online, over the telephone or via email you have a legal
right to change your mind within 14 days and receive a refund. These rights, under the
Consumer Contracts Regulations 2013, are explained in more detail in these terms.
Right under the Consumer Contracts
Regulations 2013
14 day period to change your mind.
Consumer to pay costs of return.
8.4 When you don't have the right to change your mind. You do not have a right to
change your mind in respect of:
(a) products that are specifically made to your order;
(b) services, once these have been completed, even if the cancellation period is still
running;
(c) products sealed for health protection or hygiene purposes, once these have
been unsealed after you receive them;
(d) any products which become mixed inseparably with other items after their
delivery.
8.5 How long do I have to change my mind? How long you have depends on what you
have ordered and how it is delivered.
(a) Have you bought services (for example, installation of a bathroom
fixture)? If so, you have 14 days after the day we contact you to confirm we
accept your order. However, once we have completed the services you cannot
change your mind, even if the period is still running. If you cancel after we have
started the services, you must pay us for the services provided up until the time
you tell us that you have changed your mind.
(b) Have you bought goods (for example, a bathroom fixture)?, if so you have
14 days after the day you (or someone you nominate) receives the goods,
unless your goods are split into several deliveries over different days. In
this case you have until 14 days after the day you (or someone you nominate)
receives the last delivery to change your mind about the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your
mind. Even if we are not at fault and you do not have a right to change your mind (see
8.1), you can still end the contract before it is completed, but you may have to pay us
compensation. A contract for goods is completed when the product is delivered, and
paid for. A contract for services is completed when we have finished providing the
services and you have paid for them. If you want to end a contract before it is completed
where we are not at fault and you have not changed your mind, just contact us to let us
know. The contract will end immediately and we will refund any sums paid by you for
products not provided but we may deduct from that refund (or, if you have not made an
advance payment, charge you) reasonable compensation for the net costs we will incur
as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know
by doing one of the following:
(a) Phone or email. Call customer services on 01133450300 or email us at
info@showerpeople.co.uk. Please provide your name, home address, details of
the order and, where available, your phone number and email address.
(b) Online. Complete the Get In Touch form on our website
(c) By post. Print off the form at the bottom of these terms and post it to us at the
address on the form. Or simply write to us at that address, including details of
what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason
after products have been dispatched to you or you have received them, you must return
them to us. You must either return the goods in person to where you bought them, post
them back to us at Unit A Whingate Junction, Tong Road, Leeds, LS12 3BT or (if they
are not suitable for posting) allow us to collect them from you. Please call customer
services on 01133450300 or email us at info@showerpeople.co.uk for a return label or to
arrange a collection. If you are exercising your right to change your mind you must send
off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change
to the product or these terms, an error in pricing or description, a delay in
delivery due to events outside our control or because you have a legal right to
do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to
change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are
collecting the product from you, we will charge you the direct cost to us of collection. The
costs of collection will be the same as our charges for standard delivery, as on our
website, told to you over the telephone, in store, via email, as set out in our promotional
materials or on our quotation sheet.
9.5 How we will refund you. We will refund you the price you paid for the products
including delivery costs, by the method you used for payment. However, we may make
deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If
you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any
reduction in the value of the goods, if this has been caused by your handling
them in a way which would not be permitted in a shop. If we refund you the
price paid before we are able to inspect the goods and later discover you have
handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least
expensive delivery method we offer. For example, if we offer delivery of a
product within 3-5 days at one cost but you choose to have the product
delivered within 24 hours at a higher cost, then we will only refund what you
would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for
the supply of the service for the period for which it was supplied, ending with the
time when you told us you had changed your mind. The amount will be in
proportion to what has been supplied, in comparison with the full coverage of
the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as
possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund
will be made within 14 days from the day on which we receive the product back
from you or, if earlier, the day on which you provide us with evidence that you
have sent the product back to us. For information about how to return a product
to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you
have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product or
services at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make
payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the products or services, for
example, your address and a suitable delivery time;
(c) you do not, within a reasonable time, allow us to deliver the products to you or
collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to
supply the services;
(e) we begin providing services and find that the work required is more than initially
quoted for and a variation to that quotation cannot be agreed with you
10.2 You must compensate us if you break the contract. If we end the contract in the
situations set out in 10.1 we will refund any money you have paid in advance for
products we have not provided but we may deduct or charge you reasonable
compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going
to stop providing the product. We will let you know at least 1 week in advance of our
stopping the supply of the product and will refund any sums you have paid in advance
for products which will not be provided.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the
product, please contact us. You can telephone our customer service team at
01133450300 or write to us at info@showerpeople.co.uk or Unit A Whingate Junction,
Tong Road, Leeds, LS12 3BT.
11.2 Alternatively, please speak to one of our staff in-store.
11.3 Summary of your legal rights. We are under a legal duty to supply products that are in
conformity with this contract. See the box below for a summary of your key legal rights in
relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed
information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05
06.
If your product is goods, for example a bathroom fixture, the Consumer Rights Act 2015 says
goods must be as described, fit for purpose and of satisfactory quality. During the expected
lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full
refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to
some money back.
See also 8.3.
If your product is services, for example the installation of a bathroom fixture, the Consumer
Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill,
or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 8.3 and Exercising your right to change your mind (Consumer Contracts
Regulations 2013).
11.4 Your obligation to return rejected products. If you wish to exercise your legal rights to
reject products you must either return them in person to where you bought them, post
them back to us or (if they are not suitable for posting) allow us to collect them from you.
We will pay the costs of postage or collection. Please call customer services on
01133450300 or email us at info@showerpeople.co.uk for a return label or to arrange
collection.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT)
will be the price indicated on the order pages when you placed your order, told to you
over the telephone, in store, via email, in our promotional materials or on our quotation
sheet. We use our best efforts to ensure that the price of the product advised to you is
correct. However please see se 12.3 for what happens if we discover an error in the
price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your
order date and the date we supply the product, we will adjust the rate of VAT that you
pay, unless you have already paid for the product in full before the change in the rate of
VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best
efforts, some of the products we sell may be incorrectly priced. We will normally check
prices before accepting your order so that, where the product's correct price at your
order date is less than our stated price at your order date, we will charge the lower
amount. If the product's correct price at your order date is higher than the price stated to
you, we will contact you for your instructions before we accept your order. If we accept
and process your order where a pricing error is obvious and unmistakeable and could
reasonably have been recognised by you as a mispricing, we may end the contract,
refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with all major credit
and debit cards, BACS transfer, Cash or Cheque. When you must pay depends on what
product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not
charge your credit or debit card until we dispatch the products to you.
(b) For services, you must make an advance payment of 33% of the price of the
services, before we start providing them. You must also pay an advance
payment of 33% of the price of the services on the first day the services begin.
We will invoice you for the balance of the price of the services when we have
completed them. You must pay each invoice on the same day it is delivered to
you.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the
due date we may charge interest to you on the overdue amount at the rate of 4% a year
above the base lending rate of Barclays Bank Plc from time to time. This interest shall
accrue on a daily basis from the due date until the date of actual payment of the overdue
amount, whether before or after judgment. You must pay us interest together with any
overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please
contact us promptly to let us know. You will not have to pay any interest until the dispute
is resolved. Once the dispute is resolved we will charge you interest on correctly
invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail
to comply with these terms, we are responsible for loss or damage you suffer that is a
foreseeable result of our breaking this contract or our failing to use reasonable care and
skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or
damage is foreseeable if either it is obvious that it will happen or if, at the time the
contract was made, both we and you knew it might happen, for example, if you
discussed it with us during the sales process. We are not responsible for loss or damage
caused by the customer’s misuse of our products. For avoidance of doubt, this includes
but is not limited to:
● the use of incompatible cleaning materials that cause damage to the products;
● blocking of products caused by the customer’s use;
● damage to our products due to lack of cleaning or general upkeep;
Please see the aftercare section of our website for more information about cleaning.
13.2 We do not exclude or limit in any way our liability to you where it would be
unlawful to do so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors; for fraud or
fraudulent misrepresentation; for breach of your legal rights in relation to the products as
summarised at 11.3; and for defective products under the Consumer Protection Act
1987.
13.3 When we are liable for damage to your property. If we are providing services in your
property, we will make good any damage to your property caused by us while doing so.
However, we are not responsible for the cost of repairing any pre-existing faults or
damage to your property that we discover while providing the services.
13.4 We are not liable for business losses. We only supply the products for domestic and
private use. If you use the products for any commercial, business or re-sale purpose we
will have no liability to you for any loss of profit, loss of business, business interruption,
or loss of business opportunity.
14. How we may use your personal information
14.1 How we may use your personal information. We will only use your personal
information as set out in our Privacy Policy.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation. We will always tell you in writing if
this happens and we will ensure that the transfer will not affect your rights under the
contract.
15.2 You need our consent to transfer your rights to someone else (except that you can
always transfer our guarantee). You may only transfer your rights or your obligations
under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your
guarantee on to). This contract is between you and us. No other person shall have any
rights to enforce any of its terms, except as explained in ause 15.2 in respect of our
guarantee. Neither of us will need to get the agreement of any other person in order to
end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of
the paragraphs of these terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs will remain in full force
and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not
insist immediately that you do anything you are required to do under these terms, or if
we delay in taking steps against you in respect of your breaking this contract, that will not
mean that you do not have to do those things and it will not prevent us taking steps
against you at a later date. For example, if you miss a payment and we do not chase you
but we continue to provide the products, we can still require you to make the payment at
a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in
respect of the products in the English courts. If you live in Scotland you can bring legal
proceedings in respect of the products in either the Scottish or the English courts. If you
live in Northern Ireland you can bring legal proceedings in respect of the products in
either the Northern Irish or the English courts.
Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Shower People Limited, or Unit A Whingate Junction, Tong Road, Leeds, LS12 3BT,
01133450300, info@showerpeople.co.uk.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods
[*]/for the supply of the following service [*],
Ordered on [*]/ received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
Crown copyright 2013.