www.expressbathrooms.net is a site operated by Tubs and Loos Ltd (we). We are registered in England and Wales under company number 3871562 and with our registered office at 200 Wilmslow Road, Heald Green, Cheadle, Cheshire, SK8 3BH. Our main trading address is 200 Wilmslow Road, Heald Green, Cheadle, Cheshire, SK8 3BH. Our VAT number is 343 6638 45.

The Site is intended for non-commercial and domestic use only. Although we are willing to supply the Products to commercial users, we reserve the right to refuse such orders or to require the user to purchase the Products on alternative terms and conditions of sale.

By placing an order through the Site, you warrant that:

2.1.1You are legally capable of entering into binding contracts; and

2.1.2You are at least 18 years old;

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer to buy from us.

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

There will be no contract of any kind between you and as unless and until we actually dispatch the Products to you. At the moment that the products are dispatched, a contract will be made between you and us and you will be charged for the Products.

The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. 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.

The Contract is subject to your right of cancellation (see clause 6 below).

We may change these Terms and Conditions of Sale without notice to you in relation to future sales.

We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through the Site, or from companies to whose website we have provided a link on the Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.

You have the right to cancel a Contract at any time up to the end of seven working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays.

To cancel a Contract, you must inform us in writing by hand or post, fax or email at the address, fax number or email address shown below, giving details of any reference numbers provided, details of the products ordered and (where appropriate) their delivery.

You must also return the Product(s) to us:

• immediately;
• in the same condition in which you received them;
• with the Products’ original packaging and seals; 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.

You shall be responsible for the cost of returning the Products to us unless the Products are faulty or defective or we have delivered the item in error. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. When returning items you are strongly recommended to use a recorded delivery method, proof of posting is not proof of delivery. We cannot accept responsibility for parcels lost in transit.

You have the right to cancel a Contract at any time up to the end of seven working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays.

You will not have any right to cancel a Contract for the supply of any of the following Products: We shall notify you at the time your order is accepted if this applies.

• any Products which we have custom made as per your requirements and instructions (including without limitation to the sizes, colours, shapes, measurements and fittings required).
• which by the nature cannot be returned or are liable to deteriorate or expire rapidly.

Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

The Products you order will be delivered to the address you give when you place your order. Please note that we only deliver products within the United Kingdom and that delivery charges may vary depending upon the location of the delivery address. Please refer to the Site for further information on delivery charges applicable.

If delivery cannot be made to your address, we will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for delivery.

When delivery dates and times are confirmed, you shall be notified whether there must be an able-bodied person to assist in the delivery of the Products into your address. These are in relation to those Products of heavy weight and size. Our drivers can only take the Products ordered to the front door of any address given, however for any palletised Products which are transported to you using pallets and pallet trucks, these will be delivered as close as possible to your address (due to the size of the pallets and the trucks).

If there is no one at the address who is competent (and when applicable in accordance with clause 6.3) to accept delivery of the Products, you will be notified of an alternative delivery date or a place to collect the Products. However please note that should you fail to take delivery of the Product(s) where the delivery times/dates are confirmed with you (as set out in clause 6.3), then there may be subsequent charges for any further repeat deliveries made of the Product(s) to you.

Every effort will be made to deliver the Products by the delivery date set out in the Dispatch Confirmation as soon as possible after your order has been accepted, and in any event within 30 days of your order. We shall not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible and if possible will agree a revised date for delivery of the Products.

You will become the owner of the Products you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.

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.

The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.

These prices of the Products and the delivery charges include VAT, unless otherwise stated.

Prices 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.

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site 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.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

We use Google™ Checkout, Paypal™ and our own online account to provide secure online credit and debit card payment. As such, your credit or debit card details will be encrypted to minimise the possibility of authorised access or disclosure. Authority for payments must be given at the time of placing you order. If you have any queries in relation to any of the online payment methods used by us, you should contact the individual payment merchants via their websites.

When you return a Product to us:

9.1.1because you have cancelled the Contract between us within the seven-day cooling-off period (see also clause 5.1 and this excludes those Products as listed at clause 6.5). We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

9.1.2because you claim the product is faulty and/or 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 for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

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

Other than as stated in this clause 9, the contract cannot be cancelled on any other basis.

We warrant to you that any Product purchased from us through the Site is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

This does not include or limit in any way our liability:

10.3.1For death or personal injury caused by our negligence;

10.3.2Under section 2(3) of the Consumer Protection Act 1987;

10.3.3For fraud or fraudulent misrepresentation; or

10.3.4For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

10.4.1loss of income or revenue

10.4.2loss of business

10.4.3loss of profits or contracts

10.4.4loss of anticipated savings

10.4.5loss of data

10.4.6loss of data, or

10.4.7waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.4.

We will take all reasonable precautions to keep the details of your order and payment secure, but unless are negligent, we shall not be liable for authorised access to information supplied by you.

We will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. We would like to notify you of products and orders that may be of interest to you from time to time, and if you would like to be notified of these, please click here. You can correct any information about you to be deleted, by giving written notice to us at the address and email address shown below.

Applicable laws require that some of the information or communications we send to you should be in writing. When using this 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 our 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.

All notices given by you to us must be sent to sale@expressbathrooms.net. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12. Notices 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.

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

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.

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.

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).

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:

15.2.1Strikes, lock-outs or other industrial action.

15.2.2Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

15.2.3Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

15.2.4Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.2.5Impossibility of the use of public or private telecommunications networks.

15.2.6The acts, decrees, legislation, regulations or restrictions of any government.

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.

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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

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

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.

If any of these Terms and Conditions of Sale 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.

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions of Sale to be confirmed in writing.