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indigo Showers
This
website is operated by Indigo House (referred to as "Indigo house/Indigo
Showers/we/our/us"). As user of this website (referred to as "you/your")
you acknowledge that any use of this website including any transactions
you make ("use/using") is subject to our terms and conditions
below (which includes any other important hyper-linked sections
* read through these terms and conditions carefully before using this
website.
* print a copy for future reference.
1. General
1.1 We reserve the right to change these terms and conditions at
any time. Any such changes will take effect when posted on the website
(see date at the top) and it is your responsibility to read the terms
and conditions on each occasion you use this website and your continued
use of the website shall signify your acceptance to be bound by the latest
terms and conditions.
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
2. Order process
2.1 The 'confirmation' stage sets out the final details of your order.
Following this, we will send to you an order acknowledgement email detailing
the products you have ordered. Please note that this email is not an order
confirmation or order acceptance from Us.
2.2 Acceptance of your order and the completion of the contract between
you and us will take place on despatch to you of the products ordered
unless we have notified you that we do not accept your order or you have
cancelled it
2.3 We do not file details of your order for you to subsequently access
direct on this website, and therefore, please print out these terms and
conditions and the order acknowledgement for your own records. If you
wish to obtain specific details of your previous orders please Contact
us.
2.4 We do not file details of your order for you to subsequently access
direct on this website, and therefore, please print out these terms and
conditions and the order acknowledgement for your own records. If you
wish to obtain specific details of your previous orders please Contact
us.
3 Delivery
3.1 This website is only for delivery of products to customers in mainland
UK . We cannot deliver to Scotland, the Channel Islands, Isle of Man,
Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic
of Ireland. All goods must be signed for and fully inspected by an adult
aged 18 years or over on delivery. (We will always
try to meet our customers delivery needs, and will therefore operate outside our stated region in exceptional circumstances, to areas including
Scotland, and the UK's offshore Islands, by prior negotiation, and the
delivery charges are non refundable under any circumstances)
3.2 Delivery Timescale . We make every effort to deliver goods within
the estimated timescale's, however delays are occasionally inevitable due
to unforeseen factors. We shall be under no liability for any delay or
failure to deliver the products within estimated timescale's
3.3 Risk of loss and damage of products passes to you on the date when
the products are delivered or on the date of first attempted delivery
by us.
4 Payment
4.1 We take payment from your card at the time we receive your order,
once we have checked your card details and stock availability. Goods are
subject to availability. In the event that we are unable to supply the
goods, we will inform you of this as soon as possible. A full refund will
be given where you have already paid for the goods.
4.2 Title to any products you order on this website shall pass to you
on delivery of the products provided that we have processed and received
payment in full for the products.
4.3 All prices exclude VAT (where applicable) at the applicable current
rates and also exclude delivery charges, unless expressly stated.
5 Returns, Cancellations and Substitutions
5.1 Some products are excluded from the Guarantee and are clearly marked
by a † next to the product name. In the unlikely event that you receive
faulty or damaged goods, please contact us immediately.
5.2 Sometimes the product specifications from the manufacturer may change,
in which case we will do our best to offer you a substitute of the same
or better quality at the same price. If you are not happy with the replacement
you can return it in accordance with our money back guarantee. Where applicable,
you may cancel your order in accordance with your rights under the Distance
Selling Regulations
5.3 All sizes and measurements are approximate but we do try to make sure
that they are as accurate as possible.
5.4
We do not accept returned items unless the packaging is 100% intact
and is suitable for resale as brand new. in the event of faulty or
warranty claims, the faulty component is to be returned to the main
office address, at the buyers own expense, which will then be replaced.
consequential losses are not covered under any warranty. this includes
any additional tradesman's labour charges
out of box faults and losses, must be reported within 3 days of
delivery. All goods are inspected upon delivery and customer signed
to confirm order is complete and undamaged.
5.4.1 Remote controls where supplied are not covered under any
warranty, and customers are reminded that they are not waterproof.5.5 Warranty.
all our goods are covered are covered by a 12 month warranty. this is
for repair only and not exchange. All products sold with any additional
discounts from our advertised prices are not covered by a warranty in
any form unless by prior agreement in writing.. This does not affect your
statutory rights.
5.6 We do not perform site visits for warranty issues or after sales - all exchange components are sent by courier or post.
whilst we endeavour to send replacements on a same day basis, delays may occur and should be therefore be allowed for when rescheduling contractors.
6 Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all materials and/or content made available
as part of your use of this website shall remain at all times vested in us
or our licensors. You are permitted to use this material only as expressly
authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained
within this website is made available for your personal non-commercial
use only and that you may only download such material and content for the purpose
of using this website. 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, distribute, commercially exploit or create derivative works
of such material and content.
7 Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability
for death or personal injury caused by negligence, fraudulent misrepresentation,
or any other liability which may not otherwise be limited or excluded under
applicable law.
7.2 Subject to Section 7.1 above,We will use reasonable endeavours to
verify the accuracy of any information on the site but makes no
representation or warranty of any kind express or implied statutory or otherwise
regarding the contents or availability of the site or that it will be timely
or error-free, that defects will be corrected, or that the site or the server
that makes it available are free of viruses or bugs or represents the full
functionality, accuracy, reliability of the website. We will not be responsible
or liable to you for any loss of content or material uploaded or transmitted
through the website and we accept no liability of any kind for any loss or
damage from action taken or taken in reliance on material or information contained
on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in
these terms and conditions with respect to specific products and
except for the exclusive remedies set out at Section 5 above, any indemnities,
warranties, terms and conditions (whether express or implied) are hereby excluded
to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, We will not be liable, in contract,
tort (including, without limitation, negligence), pre-contract or other
representations (other than fraudulent on negligent misrepresentations)
or otherwise out of or in connection with the terms and conditions 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 that party
arising out of or in connection with the provisions of any matter
under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 Our aggregate liability
(whether in contract, tort or otherwise) for loss or damage shall in any event
be limited to a sum equal to the amount paid or payable by you for the product(s)
in respect of one incident or series of incidents attributable to the same
clause.
7.6 This clause 7 does not affect your statutory rights as a consumer,
nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your
order and payment secure, but, unless we are negligent, we cannot
be held liable for any losses caused as a result of unauthorised access to
information provided by you.
8 Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and
any dispute between us will be resolved exclusively in the courts
of England. English is the only language offered for the conclusion of the
contract.
8.2 We have selected our products on the basis that they will be used
for domestic use only, if you are planning to use them for business
purposes please make sure that you are covered by appropriate insurance.
8.3 We shall be under no liability for any delay or failure to deliver
products or otherwise perform any obligation as specified in these
terms and conditions if the same is wholly or partly caused whether directly
or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links
to other websites or resources for you to access at your sole discretion.
You acknowledge and agree that, as you have chosen to enter the linked website
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 (i) the privacy practices of such websites, (ii) 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 or (iii) 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.
8.5 You may not assign or sub-contract any of your rights or obligations
under these terms and conditions or any related order for products
to any third party unless agreed upon in writing by Us.
8.6 We reserve the right to transfer, assign, novate or sub-contract the
benefit of the whole or part of any of its rights or obligations
under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the
validity or enforceability of the other sections of these terms and conditions
shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits
enforceable by any person that is not a party (within the meaning of the
U.K. Contracts (Rights of Third Parties) Act 1999) except: a) Indigo Showers
(as defined below) shall have the right to enforce any rights or benefits
under these terms and conditions;
b) the Indigo showers shall have the right to enforce and take
the benefit of the rights or benefits of any limitation or exclusion
or limitation of liability in these terms and conditions; c) a
person who is a permitted successor or assignee under Section 8.8
above of the rights or benefits of these terms and conditions may
enforce such rights or benefits. d) No consent from the persons
referred to in Section 8.9 is required for the parties to vary
or rescind these terms and conditions (whether or not in any way
that varies or extinguishes rights or benefits in favour of such
third parties).
8.9 No delay or failure by Us to exercise any powers, rights or remedies
under these terms and conditions will operate as a waiver of them
nor will any single or partial exercise of any such powers, rights or remedies
preclude any other or further exercise of them. Any waiver to be effective
must be in writing and signed by an authorised representative of Indigo Showers.
8.10 These terms and conditions including the documents or other sources
referred to in these terms and conditions supersede all prior representations
understandings and agreements between you and Indigo Showers relating to the
use of this website (including the order of products) and sets forth the entire
agreement and understanding between you and Indigo Showers for your use of
this website
VAT Number 844.7080.19 We recommend you print out a copy of these terms
and conditions for your future reference.If you have any questions regarding
the this website, please see the contact us section for more information
and full contact details.
Registered address: Indigo House. 17 the rise, Tadworth, Surrey. KT20 5PT. This address is for mail only and viewings are by appointment only at our Leatherhead Warehouse.
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