DEFINITIONS

1.1 "Customer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Seller and the Customer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 "Goods" means the articles that the Customer agrees to buy from the Seller;

1.5 "Seller" means Gush Bathroom Products Ltd that owns and operates www.gushbathrooms.com.

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 "Website" means www.gushbathrooms.com

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Customer and shall prevail over any other documentation or communication from the Customer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer's acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any complaints should be addressed by email to [email protected].

3 ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Customer are not available from stock the Customer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.

3.3 When making an order through the Website, the technical steps the Customer needs to take to complete the order process are described on the data input page.

4 PRICE AND PAYMENT

4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price excludes delivery charges.

4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Customer's shopping cart prior to confirming the order.

4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Customer is a Consumer.

4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

5 RIGHTS OF SELLER

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Customer places an order.

5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Customer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

6.2 If the Seller discovers that the Customer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7 DELIVERY

7.1 Goods supplied within the UK will normally be delivered within 3-5 working days of acceptance of order. This is subject to availability of stock.

7.2 Where a, specified delivery date has been agreed, and where this delivery date cannot be met, the Customer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

7.3 The Seller shall use its reasonable Endeavour's to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

7.4 Delivery of the Goods shall be made to the Customer's address specified in the order and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7.5 Risk in the Goods shall pass to the Customer upon delivery of the Goods, or where the Customer fails to take delivery at the agreed time, at the time delivery was attempted.

7.6 Title in the Goods shall not pass to the Customer until payment of the price has been made in full.

8 CANCELLATION AND RETURN

8.1 The Customer may cancel the order for any reason up to the point of dispatch and any payments made by the Customer shall be refunded in full within 28 days.

8.2 The Customer shall inspect the Goods immediately upon receipt and shall notify the Seller within 3 days if the Goods are damaged or do not comply with any of the Contract. If the Customer fails to do so the Customer shall be deemed to have accepted the Goods.

8.3 Where a claim of defect or damage is made, the Goods shall be returned by the Customer to the Seller within 14 days of delivery. The Customer shall be entitled to a replacement or a full refund if the Goods are in fact defective.

8.4 Goods must be returned by the Customer at the Customer's expense within 14 days of cancellation in their original boxes, adequate packaging should be used to protect the goods on the return journey and they should be insured. The Customer will receive a refund of all monies paid for the Goods except for return postal charges. If the Customer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Customer.

8.5 Goods to be returned must clearly show the order returns number obtained from the Seller on the package.

8.6 Where returned Goods are found to be damaged due to the Customer's fault the Customer will be liable for the cost of remedying such damage.

8.7 Goods to be returned must be delivered to the address as arranged with [email protected] goods cannot be received at the company's registered office.

9 LIMITATION OF LIABILITY

9.1 Except as may be implied by law where the Customer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Customer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.

10 WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

11 FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

12 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

13 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Customer upon making a purchase.

14 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.