STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES OF BAGSVAERD LTD (trading name Pier1 Bathrooms)

1. GENERAL

1.1 These are the terms and conditions on which we supply products and services to you.

1.2 Please read these terms carefully. They tell you who we are, how we will provide goods and services 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.

1.3 These are the terms and conditions which we supply Goods to the Buyer and shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Terms) referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom, practice or course of dealing.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Bagsvaerd Limited, trading as ‘Pier1 Bathrooms’ which is a company registered in England and Wales: Registration number: 11563259. Our registered Vat number is: 308527209
2.2 How to contact us: The Buyer can contact us by telephoning us in the showroom on 01273 713185 or by writing to us at info@pier1bathrooms.com

2.3 How we may contact you: If we have to contact the Buyer we will do so by telephone or by writing to the Buyer at the email address or postal address provided to us in the order. Additionally, if you contact us via social media we will reply to you via this route if no other contact details are provided.

2.4 When we use the words “writing” or “written” in these terms, this includes emails.

3. BATHROOM DESIGN

3.1 We charge a £300 deposit per bathroom we design. This is refunded to you when you place your full product order with Pier1 Bathroms – with a minimum spend of £3500. Your design remains the property of Pier1 bathrooms until your order for the products has been placed and payment has been made.

3.2 Should you wish to have your design released before or without purchase of products, there will be a fee of £1500 per bathroom design.

3.3 Any design drawings/graphics/sketch/information provided whether verbal or written is given as guidance only. Although we have made every effort to display colours accurately, we cannot guarantee that a device’s display of colours or the printed pictures in our brochure accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.

3.4 Any tile layouts are to provide a visual guide of the potential finish, they are not a plan to be followed by installers – tile layout preferences and grout decisions should be discussed with your installers before work begins.

3.5 It is possible that the design may need to be altered to accommodate structural elements of the building which are not possible to ascertain until installation begins e.g. recesses might need to be adapted to work around structural wall supports.

3.6 If we are designing the bathroom from architectural plans, the Buyer is responsible for making sure the measurements are correct. We will not be held liable for products ordered that no longer work in the space.

4. PAYMENT AND PRICES

4.1 Our acceptance of the Buyer’s order (including telephone orders) shall be effective only where such acceptance is in writing on the Company’s specification document (invoice), at which point a contract will come into existence between you and us.

4.2 Invoiced amounts shall be due and payable prior to the Company ordering the products and arranging delivery.

4.3 By paying your invoice you are agreeing to the Terms and Conditions in this document

4.4 Payment of your invoice constitutes agreement with the design presented to you. Any changes to the design following payment may incur additional costs e.g. for additional products (if required) or a re-stocking charge if products have already been ordered. (If bespoke products have been ordered they cannot be refunded once payment has been made).

4.5 Any prices (which include VAT) quoted by the Company are valid for a period of 7 days from date of quotation and may thereafter vary and be subject to change.

4.6 Quotes provided by the Company do not include installation or decorating, unless specifically specified in writing.

4.7 We will accept payment by BACS, Visa, Visa Debit, Mastercard. We do not acceptpayment by American Express.

5. DELIVERY OF GOODS

5.1 The Company shall not be obliged to make delivery until the Company has received payment in full in cleared funds.

5.2 Where delivery times are stated on the Website or on subsequent quotes or specification documents, the times are non-contractual and are approximate only. While the Company will make all efforts to deliver to the Buyer within the time stated, delivery could be delayed due to events beyond the Company’s control.

5.3 Buyers are advised only to commit to an installation schedule once the Goods have been received and checked. The Company shall not be liable for any costs, losses, damages and claims otherwise suffered or incurred by the Buyer, their agents or any other third party appointed by the Buyers as a result of a failure to supply any products on the estimated date.

5.4 Payment of our delivery charge entitles you to one delivery run of all your products. The Company will not complete partial deliveries unless we are responsible for a delay in arrival of some of the products. If more than one delivery is made, each will constitute a separate agreement to which all the terms and conditions of this contract will apply.

5.5 Please ensure you have appropriate personnel on site to accept and off-load deliveries. Goods will be delivered to your site address if we can park without
contravening any parking restrictions or Health & Safety Regulations.

5.6 Signature of any delivery note by an agent, employee or representative of the Buyer shall be conclusive proof of delivery.

5.7 If the Buyer refuses or fails to take delivery of the Goods tendered in accordance with the specification document (invoice) or fails to take any action necessary on its part for delivery and/or shipment of the Goods, the Company is entitled to terminate the contract with immediate effect; to dispose of the Goods as the Company may determine, and to recover from the buyer any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, storage costs from the date of delivery).

5.8 The Buyer agrees to accept delivery within three months of the order being paid for (at which point the products are ordered). In the event of the Buyer not accepting the Goods within this period, the Company will charge storage and insurance of the Goods at the rate of £50 (Ex VAT) per month or part thereof.

6. DAMAGES TO GOODS

6.1 The Buyer must notify the company in writing of any shortages and/or damages to Goods within 48 hours of delivery. After that time, the Goods are deemed to be ‘accepted’ by the Buyer thereafter the Company will not be liable for any claims for shortages and or damages.

6.2 Should the Buyer be personally collecting a consignment of Goods from the premises of the Company, risk of loss or damage passes to the Buyer from the time they collect the consignment. Therefore, the consignment should be checked in store by the clients before it is taken away.

7. RETURNS AND CANCELLATIONS

7.1 If the Company are unable to accept your order, we will inform you of this in writing and will not charge you for the Goods. This might be because the Goods are out of stock, because we have identified an error in the price of description of the Goods or because we are unable to meet a delivery deadline you have specified.

7.2 The Buyer is entitled to 7 days from delivery of Goods during which they may return unwanted Goods to the Company. Any items accepted for cancellation or return will be subject to a handing/restocking charge which for some suppliers could be in excess of 40%. Goods that have been delivered into the warehouse, from the supplier, awaiting delivery to the Buyer, will also be subject to a restocking charge. In this instance, the Buyer must inform the Company in writing of their intention to cancel the designated products within 14 days of payment.

7.3 This (7.2) excludes bespoke orders, which cannot be cancelled/amended/returned once approval drawings have been confirmed and the item has been paid for and ordered. Likewise, orders for special finishes cannot be cancelled/amended once the product has been paid for and ordered.

7.4 The Buyer will be responsible for return carriage costs.

7.5 The Company will charge an administration fee of £62.50 (Ex VAT) in each instance of products being cancelled/returned to cover the administrative time involved.

7.6 The Company will exchange or refund the value of the returned Goods (less the re-stocking and admin charge) so long as they are: packaged in their original packaging, in the exact condition supplied and resalable.

7.7 The Company will not be responsible for any damage or loss arising during the return transit of the Goods. It is the Buyer’s responsibility to take all due care to ensure that the Goods are protectively packaged.

7.8 Tiles are non-returnable. This is because they cannot be re-sold due to small differences in finish between batches. We will always allow for 15% wastage when calculating the amount of tiles required. This is standard practice to allow for installer cuts which inevitably result in wastage. Any left-over tiles will not be refunded.

8. INSTALLATION

8.1 Where the Buyer is using their own installer any problem relating to the install of the products should be taken up with the installers and is not the responsibility of the Company. For example, if a product is installed incorrectly or not according to the manufacturer’s guidelines, the Company is not liable for the cost of replacing the products or re-installing them.

8.2 It is the Buyers responsibility to confirm with their installers that the Goods are suitable for any intended installation, prior to install. The Company will not be liable for the cost of removing and re-installing goods that were faulty or damaged, where the problem could have been discovered prior to install.

8.3 Where the Buyer is using an installer recommended by the Company, while we will only ever recommend installers we have worked with for years whose work we know to be of high quality, the Company is not in a position to be able to offer any type of guarantee or be held liable for their workmanship as we have no formal business relationship with any recommended installer.

8.4 Where the Buyer is using an installer recommended by the Company, we will charge an installation deposit to hold your position in the installer’s customer list.

8.5 Installation of Goods constitutes acceptance. If the Buyer changes their mind after installation the cost of replacing the Goods is incurred by the Buyer.

8.6 In the event that the Company provided faulty Goods but the fault is not discovered until after installation of the Goods and could not have been discovered on examination on delivery the liability of the Company shall be limited to replacing such faulty Goods free of charge and paying the reasonable expenses of installation of the replacement Goods provided that the Company shall have first been offered the opportunity of itself paying out for such installation work.

8.7 It is the Buyer’s responsibility to ensure that any installation using Goods supplied by the Company complies with all statutory water and building regulations.

8.8 It is the Buyer’s responsibility to discuss preferences regarding the final aesthetic with their installer before work begins e.g. tile lines and layouts, recess heights, height of boxing. Otherwise, the plan is as agreed and accepted by the Buyer as part of the design process.

9. COMPLAINTS

9.1 If you have any questions or complaints about the Goods, please contact us via the details set out in these Terms under section 2.

9.2 We are under a legal duty to supply Goods that are in conformity with the contract.

10. USE OF IMAGES

10.1 Permission must be sought by third parties and agreed with the Company for use of our project images.

10.2 Use of our professional photographs of your own project in the public domain must acknowledge the professional photographer @makkiphoto_uk

11. DISCLAIMER

11.1 The Company shall not be liable for any failure or delay in performance of its obligations which is caused by circumstances beyond its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, epidemics/pandemics, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the company shall be entitled to a reasonable extension of its obligations after notifying the Buyer of the nature and extent of such events.

11.2 Save as expressly provided for in these terms and conditions, and to the fullestextent permitted by law, the Company’s total liability arising in connection with the Buyer’s order shall be limited to the price of the Goods. The Company shall not be liable to the Buyer for any economic loss, loss of profit, loss of business, goodwill or otherwise and whether direct, indirect or consequential, or any claims for consequential compensation whatsoever.

11.3 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

12. APPLICABLE LAW

12.1 The order to which these Terms relates is subject to the laws of England and Wales and any question arising in connection therewith shall be subject to the exclusive jurisdiction of the English Courts.