This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
By clicking on the confirm order button at checkout you are agreeing to our terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
1.1 is a site operated by BHS-HOMEIMPROVEMENTS.COM LTD (“we”). We are registered in England under company number 4237395 and with our registered office at 9 Stratfield Park, Elettra Avenue, Waterlooville, Hampshire PO7 7XN . Our main trading address is Unit 2B, Herald Industrial Estate, Hedge End, Southampton, Hampshire, SO30 2JW. Our VAT registration number is GB 979 1929 51.
2. Service availability
2.1 Our site is only intended for use by people resident in the Serviced Countries in the drop down list on the checkout page. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries.
3. Your status
3.1 By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old;
3.1.3 You are resident in one of the Serviced Countries; and
3.1.4 You are accessing our site from that country.
4. How the contract is formed between you and us
4.1 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 constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We accept an order once we have charged you and processed the deferred payment. We will confirm such acceptance to you by sending you an e-mail that confirms once your order has been dispatched for delivery. The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
5. Our status
5.1 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 our site, or from companies to whose website we have provided a link on our 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. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party.
6. Consumer rights
6.1 If you are contracting as a consumer, you may cancel a Contract at any time up to the point where the product is dispatched.
6.2 To cancel a contract, you must inform us in writing either by email to email@example.com or by post to our trading address. You must also keep a record of this email or letter. Please be kind enough to send a completed returns form back with the delivery to streamline the return process. Orders cannot be cancelled after dispatch but prior to delivery. If you no longer require the goods that have been dispatched for delivery you will need to return them under our Returns Policy (Clause 10 below).
6.3 You must also return all the parts of the Product(s) to us. 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, your return may not be refunded. In this instance, the goods are still your property and it is your responsibility to collect them. We are unable to refund or exchange custom order items or products you have requested or that are in the process of manufacture.
6.4 This provision does not affect your statutory rights.
7. Availability and delivery
7.1 We aim to delivery your order by any estimate set out (e.g. in the Dispatch Confirmation email) or, if no estimation date is specified, then within the standard 30 days of the date of the Dispatch Confirmation email unless there are exceptional circumstances. Generally, dispatch through to delivery is usually between 2-3 (two to three) working days approx from receipt of the order. In the majority of cases, delivery is usually expected to occur the next working day following receipt of the Dispatch Confirmation email. However we cannot and do not guarantee delivery timescales and therefore they do not form part of the Contract.
7.1a Please note that in some cases where the order is over £750 there may still be freight charges to pay, if this is the case we will contact you before we proceed with the order. Typically this would only be applicable where the products ordered are large/heavy/fragile. Also note that depending on the product being transported “Fragile” delivery may not always be on a pallet, this is at the discretion of the freight forwarding company.
7.2 If you refuse your order at the point-of-delivery (unless instructed by us), you may be charged a restocking charge. Please follow our standard Returns Policy if you would like to return an item that has already been dispatched to you.
7.3 A claim by you which is based on any defect in the quality or condition of the products or their failure to correspond with specification shall (whether or not delivery is refused by you) require to be notified to us either as soon as possible or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. You will not be required to pay delivery charges or restocking charges for products deemed delivered incorrectly or for faulty/defective products.
7.4 Please note that if your order is delivered on a pallet, that before you sign and accept the delivery, the contents must be unpacked and checked against the delivery note and the driver must be asked to record any missing items. (Only items delivered must be signed for). The Driver will wait for up to 20 minutes for you to undertake this check.
7.4a However before you purchase the product or unpack and check for signs of damage please re-measure to make sure the product(s) you have purchased will fit in the space you intend to use it. Because if products returned are not in a resalable condition, for example any damage to the product or packaging, the refund provided may be reduced accordingly. See our ‘Returns Policy’ for more details.
7.5 If your order is to be delivered on a pallet you will be reminded of this condition by email before delivery.
7.6 When checking please make sure that damaged products are signed for as damaged. Please note: that if you sign for goods received as being in good condition and later report them to us as damaged, you will incur costs.
7.7 It is your responsibility to check that you have received all the items that you have signed for and BHS-Homeimprovements will not accept any responsibility for the replacement of missing items once they have been signed for.
8. Risk and title
8.1 The Products will be at your risk from the time of delivery.
8.2 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.
9. Price and payment
9.1 The price of any Products will be as quoted on our site, except in cases of obvious error. If an error such as this has occurred will notify you by email. Your order will not be processed or charged until you confirm you are happy to pay the correct pricing since outlined.
9.2 These prices include VAT or tax at the current rate for your selected location. Delivery information is set out on our Delivery page. If a particular product uses a standard service, this will usually be indicated with linked information near the pricing box.
9.3 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 at which point they have been shipped.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our acceptance procedure. If a Products 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 as previously stated in (9.1).
9.5 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 mispricing.
9.6 Payment for all Products must be by way of credit or debit card. We accept payment by Visa, Visa Debit, Visa Electron, Mastercard and Maestro only.
10. Our returns and refunds policy
10.1 If you change your mind about the Product ordered after receiving delivery, you must notify us within 14 days of delivery stating your intention to return the item, followed by returning the item within 14 days of cancellation. The initial notification of your intention to return must be in writing either as an email or by letter post. We kindly ask that the Product is then returned together with a completed returns form, but this request is optional and not legally binding. The process efficiency benefits of providing the returns form are outlined on the Returns Policy page. Full and further information can be found on our Returns Policy page.
When you return a Product to us:
10.1.1 you will be responsible for the cost of returning the item to our facility by enlisting a courier service of your own accord, Please ensure that the goods are fully insured and the return has a tracking number for your own peace of mind. Once received by us all returns are photographed on receipt and carefully inspected by our highly trained returns team. It is your responsibility to ensure that returned goods reach us in good condition. They should be well packed when you return them to us. In the unlikely event that the product is damaged on the return journey, we will unfortunately not be able to refund you, but we will be able to provide you with photographic evidence to enable you to claim on your own carrier insurance. You will then be able to arrange the collection of the products at your own expense or for us to dispose of the damaged product,
10.1.2 because you have cancelled the Contract with us within the fourteen-day cooling-off period (see clause 10.1 above), after our inspection, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day your returned products being received back at our facility. In this instance, we will refund the price of the Product; less a minimum 25% diminished value of the product amount. Please note if you diminish the value of the goods you might not receive a full refund in the event of excercising your right to return the item within the 14 day period allowed to you.
10.1.3 Refund/exchange of opened toilet seat products is currently not accepted due to reasons of hygiene.
10.1.4 Returns must be confirmed prior in writing via email or letter post within 14 days of delivery and the Product returned within 14 days of the date of cancellation. We can send you an email link to the returns form and/or to our Returns Policy page for our policy information on request. Please email such requests to firstname.lastname@example.org. We recommend sending returned products in a secure method depending on the returning item and take out any carrier insurance to cover yourself in the event of return transit loss or damage.
10.1.5 Damaged Products. Deliveries to you need to be inspected and checked at the point of delivery, any damages or shortages must be noted on the delivery document and reported to us within 24 hours.
When receiving deliveries the drivers are under instruction to give you time to check for any obvious signs of damage. If the drivers do not allow you time to check the products please sign the delivery document to indicate “no time given to check” and contact us immediately to advise of this.
If the item is damaged at the point of delivery, refuse it and write on the delivery document “damaged”.
If you receive multiple parcels and a single item is damaged you must accept the complete order and note on the delivery document of the item damaged.
When receiving a pallet the drivers are helpful and are instructed to give you 15 minutes to check for DAMAGE ONLY.
10.1.5a If you sign the delivery document as “damaged” and report the damage to us within 24 hours we will arrange collection and replacement for the damaged products at no cost.
10.1.5b However if you sign the delivery document with no reported damage or take longer than 24 hours to report to us of any damages we will not cover the transportation costs to return the product or to send the replacement for the damaged products.
10.1.6 Faulty Products. Products that are deemed either faulty or defective must be reported within 30 days of delivery to qualify for resolution under our Returns Policy. If these occurrences are reported to us within 30 days of delivery, we will arrange courier collection of the faulty Product(s) from your original delivery address. Further products to replace those previously faulty will only be dispatched to you once the collection of the faulty goods has occurred from your location and been re-delivered to our facility.
10.1.6a After 30 days you will not be legally entitled to a full refund if your item develops a fault, you will have to give the retailer one opportunity to repair or replace any goods and depending upon the situation and circumstances under the Consumer Rights Act 2015 you may only get a partial refund.
10.1.6b If you discover a fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it – unless we, the retailer, can prove otherwise. If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund, or price reduction if you wish to keep the product.
10.1.6c If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time you took ownership of it.
10.1.7 Installed/Custom Products. We regret that this returns policy excludes installed products or custom items made to order. Before installation please check for any damages or obvious manufacturing defects and that the product matches the description of what you ordered, as these must be reported to us so we can assess the situation and deal with it appropriately. Once installed products are deemed to be ‘used’ as many bathroom and kitchen items can often only be fitted once and then cannot be resold or reused in any way.
10.1.7a If you experience an issue with a product that is installed, it will be covered by a manufacturer guarantee for at least 1 year from the date of purchase (but often for longer in the case of some products). Note however that extended guarantees offered may require registration with the manufacturer directly on your part.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. In this event, payment information is unlikely to be required again, but if required will never be held.
11. Our liability
11.1 Subject to the following provisions, we warrant that the Products will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 12 months from delivery, whichever is the first to expire.
11.2 The above warranty is given by us subject to the following conditions:
11.2.1 we shall be under no liability in respect of any defect in the Products arising from any drawing, design or specification supplied by you;
11.2.2 we shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in Writing), misuse or alteration or repair of the Products without our approval;
11.2.3 we shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid by the due date for payment;
11.2.4 the above warranty does not extend to parts, materials or equipment not supplied by us, in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us.
11.3 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.4 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 from us and/or any services we have supplied to you.
11.5 This does not include or limit in any way our liability:
11.5.1 For death or personal injury caused by our negligence;
11.5.2 Under section 2(3) of the Consumer Protection Act 1987;
11.5.3 For fraud or fraudulent misrepresentation; or
11.5.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.6 We are not responsible for indirect losses which happen as a side effect of the main loss or damage of the Product purchased, including but not limited to:
11.6.1 loss of income or revenue
11.6.2 loss of business
11.6.3 loss of profits or contracts
11.6.4 loss of anticipated savings
11.6.5 loss of data
11.6.6 loss of data, or
11.6.7 waste of management or office time
11.6.8 loss of third party time or revenue
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12. Import duty
12.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order if you have any questions.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. Written communications
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site online, you accept that communication with us will also be online and mainly electronic. We will contact you by email 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.
14.1 All notices given by you to us must be given to our main office address at Unit 2B, Herald Industrial Estate, Hedge End, Southampton, Hampshire, SO30 2JW or to email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
15. Transfer of rights and obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 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.
15.3 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.
16. Events outside our control
16.1 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”).
16.2 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:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 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.
17.1 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.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 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 above.
18.1 If any of these terms and Conditions 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.
19. Entire agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other parties only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and jurisdiction
21.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
22. Fragile Goods
22.1 Please note that it may not be possible for us to deliver certain fragile products bought as individual items.
22.2 This includes items such as acrylic bath panels purchased as standalone items. This is because as a standalone item it will almost certainly be damaged in transit.
22.3 If we cannot deliver the order placed we will not charge your card. We apologise if this causes you any inconvenience.