To Your Home Ltd
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 www.toyourhome.co.uk (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.
1. ABOUT US
www.toyourhome.co.uk is a site registered in England and Wales under company number 5512492 and with our registered office at Bent Ley Mill, Bent Ley Road, Meltham, HD9 4AP. Our main trading address is Bent Ley Mill, Bent Ley Road, Meltham, HD9 4AP. Our VAT number is GB 865441117.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the UK. We do not accept orders from individuals outside the UK unless expressly agreed in writing by us. Some restrictions are placed on the extent to which we accept orders from outside the UK and details are available on request.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old; and
(c) You are resident in and accessing our site from the UK .
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, 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.
4.2 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.
5. OUR STATUS
5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2 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 seller.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen calendar days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below), please be aware that any delivery surcharges or extra services requested are non-refundable.
6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us within fourteen calendar days, in the same condition in which you received them, 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.
6.3 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.
6.3 Should an item become faulty during its guarantee period please contact us using the Contact Us page. Please be sure to include a valid/working email address for our technical support team to respond to you at. We may need to pass on your information to the manufacturers to help us resolve the issue, therefore all communications must be done in writing.
7. AVAILABILITY AND DELIVERY
7.1 Upon receiving the products please be sure to check them prior to signing or if someone is accepting the products on your behalf, please make sure they are aware they must check them prior to signing. By signing for the products you are agreeing that you accept delivery of them and that you are happy with the condition of the Products upon receipt. If you receive the products and they are damaged please sign for them as "Damaged". We understand that sometimes things cannot go to plan, and this being the case we are pleased to offer 24 hours from the point of delivery to report any damage to us by email. WE MUST BE NOTIFIED WITHIN THIS TIME FRAME. Any claims made after this time for damage will not be processed / accepted.
7.2 Some items are delivered on a wooden pallet. These items will be left on the pallet upon delivery and it is the customer’s responsibility to dispose of the pallet after delivery has taken place. The delivery company is not able to remove the pallet on your behalf. It would be prudent to keep hold of the pallet initially in case you wish to return your goods, as it would be prohibitively expensive for us to delivery a replacement pallet to you.
7.3 Pallet deliveries are made using a 7.5T vehicle (roughly 2.5m in width and 6.3m in length). It is the responsibility of the customer to advise if there are any access restrictions or parking restrictions at the delivery address. Should no parking be available or a road is inaccessible the delivery driver will have to fail the delivery and either a redelivery arranged (only available if the initial issue has been resolved) but this is chargeable (price available upon request). Alternatively, goods can be collected from the delivery companies nearest depot at no extra cost within 7 days of the delivery being attempted.
7.4 Never book any tradesmen until you have received and checked your delivery for damage. No liability will be taken due to failed deliveries or damaged goods. Only book a tradesman once you have received and checked your order for damage. All damage claims must be reported via email within 24 hours of delivery being made.
7.5 Offers of free delivery are for mainland UK only and exclude certain postcode areas deemed surcharge zones by the courier. Upon entering your postal address in the checkout process, you will be notified of any additional fees prior to entering your payment details. You are not obligated to proceed any further if you are unhappy with the final delivery cost.
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, and accept your order as outlined in clause 4.1
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 Please note that VAT is automatically calculated, charged and included in all orders at the current rate of 20%. This includes domestic deliveries, deliveries to the EU and also deliveries outside the EU including the Channel Islands. In turn where non-domestic orders/deliveries are completed and a Zero-VAT invoice is required an administration fee will be requested by us to cover the work required to carry out the requested amendments. This is currently charged at £5 or 5% whichever is the greater.
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.
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 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.
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 We accept payment with MasterCard, VISA, VISA Debit, VISA Electron, Maestro and Solo via a secure portal. We may from time to time add additional payment methods to the checkout process.
10. OUR REFUNDS POLICY
10.1 When you are contracting as a consumer and you return a Product to us:
(a) Because you have cancelled the Contract between us within the fourteen calendar-day period (see clause 6.1 above), 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.
(b) For any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of whether a refund is available via e-mail within a reasonable period of time. If you return a Product that, having been fully inspected by us, we do not deem to be faulty, you will be responsible for our reasonable costs regarding the collection, inspection and return of the Product to you. Failure to pay such costs will entitle us to retain the Product without any liability to you. We will usually process any 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, and for which we send you written confirmation that we accept there is a defect, will be refunded, repaired or replaced 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.
(c) We can arrange for the collection of Products being returned to take place subject to prior payment of the necessary charges (price on application). A date will be supplied if this is required and your goods will be collected. If collection is attempted and fails for whatever reason, you will be charged again for another collection.
(d) All delivery surcharges applied to orders cancelled within the fourteen calendar-day money back period are non-refundable.
10.2 When you are contracting as a non-consumer and you return a Product to us:
(a) for any reason, we will examine the returned Product and will notify you of whether a refund is available via e-mail within a reasonable period of time. If you return a Product that, having been fully inspected by us, we do not deem to be faulty, you will be responsible for our reasonable costs regarding the collection, inspection and return of the Product to you. Failure to pay such costs will entitle us to retain the Product without any liability to you. We will usually process any refund due to you as soon as possible. Products returned by you because of a defect, and for which we send you written confirmation that we accept there is a defect, will be refunded in full, repaired or replaced at our discretion save for any costs incurred by you in returning the Products and our costs for re-delivery of the Product.
(b) We can arrange for the collection of Products being returned to take place subject to prior payment of the necessary charges (price on application). A date will be supplied if this is required and your goods will be collected. If collection is attempted and fails for whatever reason, you will be charged for any subsequent collections.
10.3 We will usually refund any money due to you using the same method originally used by you to pay for your purchase.
11. OUR LIABILITY
11.1 All our Products (unless otherwise stated) include a 12 month guarantee. This guarantee is against failure and defects of a Product only and does not cover the general wear and tear, misuse or accidental damage of an item. All guarantees do not include shipping, and it will therefore be the responsibility of the customer to cover any and all transportation costs should they be applicable. The customer will be responsible for all fitting costs if applicable and To Your Home Ltd will have no liability for any losses incurred due to a claim. If a product needs to be returned for inspection / replacement, To Your Home Ltd will have no liability to the costs incurred for transport. This does not affect your statutory rights.
11.2 All our bathroom Products (unless otherwise stated) include an extended ten year guarantee. This guarantee is for the chrome finish of a Product only and does not cover the general wear and tear, misuse or accidental damage of an item. All guarantees do not include shipping, and it will therefore be the responsibility of the customer to cover any and all transportation costs should they be applicable. The customer will be responsible for all fitting costs and To Your Home Ltd will have no liability for any losses incurred due to a claim. If a product needs to be returned for inspection / replacement, To Your Home Ltd will have no liability to the costs incurred for transport. This does not affect your statutory rights.
11.3 We accept no liability for any losses you suffer as a result of the sizing of the Product. All sizes described on our site are estimated. Please wait until you receive an item before making any adjustments to plans, kitchens, etc. You confirm that you have checked the dimensions to enable you to take delivery of the Product and are you are happy with the dimensions and specifications.
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.
11.5 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) 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, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 11.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1, 11.2 or clause 11.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause.
11.7 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
11.8 Pictures used are for illustration purposes only. The actual item you receive may vary slightly.
11.9 We cannot be held liable for faults caused by 'shock implosion' after installation of a bath, shock implosion is caused when the bath is first used and very hot or very cold water is used directly on the bath surface, we recommend filling the bath with tepid (25c) water on first use to avoid this.
11.10 Goods that need to be installed must be installed by an appropriately qualified tradesman. We will not be held liable for any issues arising from any products installed by anyone other than an appropriately qualified tradesman. By ordering you agree to this and confirm that should this not be done, all risks of fitting the goods will be passed to the buyer.
Unless stated otherwise, all our bathroom products come with a 10 year guarantee against chrome finishing defects. This guarantee does not cover delivery costs to return or replace items. In addition to this and unless stated otherwise, all products have a 12 month guarantee against failure and defects. This does not cover general wear and tear of items, routine service and maintenance items, or parts that are affected by external factors (such as non-return valves for thermostatic valves). Guarantees are rendered void should any non-approved modifications or conversions be carried out.
13. IMPORT DUTY
13.1 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 the appropriate customs office for further information before placing your order.
13.2 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.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our 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 given to To Your Home Limited at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice 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.
16. WEBSITE IMAGES
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use or modify the paper or digital copies of any materials, illustrations, photographs, video or audio sequences or any graphics or text you have printed off or downloaded from our site in any way, without our prior written consent.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
17.2 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.
17.3 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.
18. EVENTS OUTSIDE OUR CONTROL
18.1 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).
18.2 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
18.3 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.
19.1 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.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3 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.
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.
21. ENTIRE AGREEMENT
21.1 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.
22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions from time to time.
22.2 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).
23. LAW AND JURISDICTION
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 and Wales.
24. PRODUCT DESCRIPTIONS
All product descriptions and specifications may vary slightly.