Willowbrook Bathrooms

Terms and Conditions

Last Amended - 20/03/06

Welcome to the Willowbrook Bathrooms website, please see below for our Contact Details (“we”, “us” or “our” or “Willowbrook”).

Set out below are the terms and conditions, which together with our Privacy Policy and any legal notices displayed elsewhere on this website, represent all the terms and conditions subject to which we will provide you with: (i) access to our website (located at www.willowbrook-bathrooms.co.uk (the “Website”)); (ii) the products and services offered by us from time to time via our Website; and (iii) any orders for our products which you may place from time to time (together referred to in this document as these “Terms”). Your use of the Website, and/or your placing of an order through it, indicates your acceptance of and agreement to be bound by these Terms. If you do not agree to be bound by these Terms, please cease using this Website and do not place any orders with us.

IMPORTANT: By using this Website you confirm that you are at least 18 years old or if you are not at least 18 years old, that you have the authority/consent of your parent or guardian to do so.

Please make sure that you:

  • Read through these Terms carefully before using this Website as your use of the Website will signify your agreement to be bound by them.
  • Print a copy of these Terms for future reference.
  • Don’t forget to read our Privacy Policy regarding our use of your personal information.
If there is anything in these Terms that you do not understand, please contact us by email or on 0845 260 2625 during the hours of 9am — 5.30pm. Calls will be charged at local rate.

1.    GENERAL

1.1    Willowbrook reserves the right to modify or withdraw (temporarily or otherwise) this Website or modify these Terms from time to time without giving you prior notice. Any such changes will take effect from when they are posted on the Website (see the last amendment date set out above) and it is your responsibility to read these Terms on each occasion that you use this Website (and in particular before placing an order). Your continued use of the Website shall signify your acceptance to be bound by the latest version of these Terms.

1.2    If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this Website (and place any orders).

1.3    Nothing in these Terms will affect your statutory rights as a consumer.

2.    CONTENT

2.1    We take reasonable steps in the preparation and maintenance of this Website to ensure that all prices quoted are correct at the time when they are published, and that the descriptions of our products and any claims we make are fair and accurate. We do, however, reserve the right to decline any order where there has clearly been a material error, or where there is an inaccuracy or omission in the price and/or description of any of our products and/or services as displayed or advertised on the Website (and we hereby exclude all liability arising from the same).

2.2    We have made every reasonable effort to reproduce colours on the Website as accurately as possible. However, different computers reproduce colours slightly differently and we therefore cannot and do not guarantee that the on-screen colours of any of our products will exactly match the colour of the product itself. You are advised, therefore, to treat on-screen colours as being indicative only of the actual colour of our products.

2.3    We cannot and do not guarantee that the information on this Website will always be completely up to date and free of mistakes. However, Willowbrook will use its reasonable endeavours to ensure that the information contained on the Website is as accurate as possible.

2.4    All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

3.    ORDER PROCESS

3.1    All orders that you place via this Website will be subject to acceptance in accordance with these Terms.

3.2    You are able to amend or correct any errors in your order at any point until you click on the SUBMIT button on the final page of the ordering process. Once you have completed the ordering process by clicking on the SUBMIT button, you will be unable to amend your order or rectify any errors that you may have made during the ordering process.

3.3    The concluding stage of the ordering process sets out the final details of your order. Following this, we will send to you an Order Confirmation Email detailing the product(s) you have ordered. Please note that our acceptance of your order will take place upon receipt of your order at which time your credit/debit card will be debited with the total amount payable for those product(s) (including VAT and delivery). We will send you a further email once your order has been despatched.

4.    DELIVERY

4.1    All prices quoted on the Website are inclusive of delivery charges to all UK addresses with the exception of deliveries to any addresses with postcodes listed on the Shipping Information Page.

4.2    Delivery charges for all orders to UK addresses with postcodes listed on the Shipping Information Page and delivery charges for all overseas orders are not included in the prices quoted on the Website. Delivery charges for these orders vary and are confirmed to you prior to your clicking SUBMIT on the final page of the ordering process.

4.3    Products are subject to availability and Willowbrook shall use its reasonable endeavours to supply the products ordered by you in a timely manner. In the event that Willowbrook is unable to supply any requested product, Willowbrook shall inform you of this as soon as reasonably practicable and may offer an alternative product of equal type, quality and value to the product you ordered. Alternatively, you can request Willowbrook refund the cost of such product.

4.4    Estimated timescales are specified when you place an order. We make every effort to deliver products within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. If it becomes apparent to Willowbrook that delivery will not take place within the agreed timescale then we will inform you as soon as possible and arrange a new delivery date or where that is not suitable reimburse you.

4.5    Willowbrook shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and other like losses, costs, damages, charges or expenses) caused directly or indirectly by any delay in the delivery of any products ordered by you, even if caused by Willowbrook's negligence.

4.6    Risk of loss and damage of the products passes to you at the time when the products are delivered to your nominated delivery address.

5.    PAYMENT

5.1    All prices quoted on the Website are inclusive of VAT unless expressly stated to the contrary.

5.2    Payment can be made by any method stated in the payment section of the Website. Payment is taken from your credit/debit card upon Willowbrook confirming your order. All holders of credit/debit cards are subject to authorisation by the card issuer and Protx Ltd. The total cost of your order is the price of the products as set out on the final page of the ordering process.

5.3    Title to any products you order on this website shall pass to you upon delivery to your nominated address provided that we have previously received full payment in cleared funds for those products.

6.    RETURNS

6.1    You have the right to cancel your order for any reason at any time prior to receiving the product(s) ordered and within a further seven (7) working days of the date you received your product(s). However, in order to receive your refund we must receive the product(s) in the same condition as you received them (including all original packaging), in accordance with Clauses 6.3 and 6.4 below.

6.2    You must examine the product(s) as soon as you receive them as (other than under Clause 6.1) we will only refund you for product(s) that were faulty at the time you received them and which you notify us of within fourteen (14) days of the date you received the product(s). This does not effect your statutory rights to have any product(s) which were faulty at the time you received them but which you notify to us after that date, repaired or replaced or to a partial refund for such product(s).

6.3    In any event, product(s) may only be returned to Willowbrook with our prior authorisation. Before returning any product(s) to us (whether faulty or otherwise) you must call us on the number printed above, and we will issue you with a Returned Goods Authorisation Number which should be used as a reference, and displayed clearly on the outer shipping carton of the returned product(s).

6.4    You are responsible for the safe packaging of any returned product(s). All products must be returned with all the original packaging (unless this is not reasonably practicable). Such product(s) must be returned within fourteen (14) days of your receiving the Returned Goods Authorisation Number to the address from which they were initially despatched, or such other UK address as we may notify to you. Any returned product(s) shall remain at your risk until Willowbrook has received and inspected them.

6.5    Willowbrook shall inspect such product(s) and, within twenty-eight (28) days of receiving them, will offer you a refund, partial refund, repair or replacement (in accordance with Clauses 6.1 or 6.2) or notify you that it does not consider that you are entitled to any of the above.

6.6    If the product(s) were faulty at the time you received them and you are offered a refund, partial refund, repair or replacement, then we shall also refund your (reasonable) costs of returning the product(s) to us. Where we do not consider that you are entitled to a refund, partial refund, repair or replacement, then where you so request, we will return the product(s) to you (using our chosen courier) at your cost which must be received by us before we return the products to you.

6.7    Willowbrook reserves the right to re-consign any unauthorised returns to you and charge you an additional handling and postage charge equivalent to the original cost of delivery, and/or any reasonable additional administration costs incurred by us in handling such unauthorised return.

7.    EX-DISPLAY ITEMS

7.1    All products are new and in their original packaging unless we state otherwise. From time to time Willowbrook may offer products that are ex-display, customer returns and/or damaged, at a discounted price. Such items will always be clearly described as such

7.2    All products marked on the Website as “ex-display” “customer return” or “damaged” are sold as seen and you will be buying those products subject to any defects referred to in the description of the product and/or reasonably evident from any image of the products on the Website.

7.3    You will not be entitled to return (and for the avoidance of doubt you will not be entitled to any refund, partial refund, repair or replacement) in respect of such product due (directly or indirectly) to any defects referred to in the description of the product and/or reasonably evident from any image of the products on the Website, otherwise your right to return those products remains (and to receive refunds partial refunds, repairs or replacements) remains.

8.    LIABILITY

8.1    Nothing in these Terms shall (or shall be read as attempting to) operate to exclude or limit the liability of Willowbrook for death or personal injury caused by the negligence or fraudulent misrepresentation of Willowbrook or any of its employees or agents or any of your statutory rights as a consumer.

8.2    Subject to Clause 8.1 above, Willowbrook will use reasonable endeavours to verify the accuracy of any information on the Website but makes no representation or warranty of any kind (whether express or implied, statutory or otherwise): (i) regarding the contents or availability of the Website or that it will be timely or error-free; (ii) that defects will be corrected; or (iii) that the Website or the server from which it is made available are free of viruses or bugs, or represents the full functionality, accuracy or reliability of the Website.

8.3    Willowbrook will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. Willowbrook accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on it.

8.4    Subject to Clause 8.1 above, Willowbrook will not be liable whether in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Terms for any:
  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • loss of goodwill or reputation; or
  • special or indirect losses suffered or incurred by you arising out of or in connection with the provisions of any matter under these Terms.

8.5    Subject to Clause 8.1 above, Willowbrook's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to the total price paid by you for the product(s) in relation to which the liability arose.

9.    INDEMNITY

You agree to fully indemnify, defend and hold Willowbrook, its directors, employees or agents harmless from and against all costs, claims, demands, liabilities, expenses, damages or losses arising out of any claim by a third party against Willowbrook as a direct result of or in connection with any breach of these Terms by you or any other liabilities arising out of your use of this Website, or the use of this Website by any third party using your customer registration details.

10.    INTELLECTUAL PROPERTY

10.1    You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available as part of your use of this Website and in our products, shall remain at all times vested in us or our licensors (as appropriate). You are permitted to use those materials only as expressly authorised by us or our licensors (as appropriate). The content of this Website (including without limitation any text, video, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below.

10.2    You acknowledge and agree that the material and content contained within this Website is made available for you to peruse and purchase products and otherwise for your own personal and non-commercial use and that you may only download such material and content for such purposes. You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display or distribute such material and/or content for any other purpose, or to commercially exploit or create derivative works of such material and content.

11.    PERSONAL INFORMATION

Willowbrook agrees to use any personal information that you provide to us via the Website in accordance with our Privacy Policy, which can be viewed here.

12.    MISCELLANEOUS PROVISIONS

12.1    To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion and convenience. You acknowledge and agree that, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
  • the privacy practices of such websites; or
  • the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources and any further links from those sites to other sites on the worldwide web; or
  • the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

12.2    The use of third party websites provided for by links from this Website will be subject to the terms and conditions of those third party websites and customers are advised to read the terms and conditions for each linked website before they continue to use those sites.

12.3    Any failure or delay by either Willowbrook or yourself to bring legal proceedings in relation to this Website, these Terms and/or any of our products or services, shall not be regarded as a waiver of any rights. Any waiver in respect of one act or omission shall not operate as a waiver in respect of any future acts or omissions.

12.4    These Terms are not intended, nor shall they operate, to create a partnership or joint venture of any kind between Willowbrook and you, and nor are you authorised to act as our agent.

12.5    You may serve any formal notice on Willowbrook, and Willowbrook may serve a formal notice on you, by either first class post or email only, and it will be regarded as formally received by the other on the next day that is not a weekend or a bank holiday after receipt. Willowbrook's contact details are included at www.willowbrook-bathrooms.co.uk/contact_us.aspx.

12.6    In relation to the contract between Willowbrook and you, no other party shall be entitled to exercise any rights contained in it and the provisions of the Contracts (Rights of Third Parties) Act 1999 are hereby excluded.

12.7    If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

12.8    These Terms shall be governed by and construed in accordance with English law and any dispute or matter arising out of or in connection with these Terms shall be referred to the exclusive jurisdiction of the Courts of England and Wales.



13.    CONTACT DETAILS

Willowbrook Bathrooms is a trading name of Fische Limited.

Our registered office is at 66 – 74 London Road, Redhill, Surrey RH1 1LJ and we are registered in England and Wales with company number 04983768. Our VAT number is 860183042.

You can email us or call us on 0845 260 2625 during the hours of 9am — 5.30pm. Calls will be charged at local rate.