Terms and Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Means Goods which are constructed or which are adapted or
resized in Order to comply with the Customer’s Order, or Goods which have to undergo a process by which the Goods will have changed in finish, colour, shape or size;
Event Outside Our Control:
Is defined in Clause 12.2;
The goods that We are selling to you as set out in the Order;
Your Order for the Goods as confirmed in the Acknowledgment of Order form;
The terms and conditions set out in this document; and
Norton Homestyle Limited Registered Office: is at the premises formerly known as “Norton Bathrooms”, at Walsall Road, Norton Canes, Cannock, Staffordshire WS11 9NS registered in England and Wales under company number 01261051.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
- OUR CONTRACT WITH YOU
2.1 These are our Terms of Business on which We sell Goods to you. We may provide you with the contact details of fitters who may agree to provide you with a fitting service. We do not endorse or guarantee any aspect of a fitter’s work in any way. If you choose to make arrangements with one of the fitters then that will be a private agreement between you and the fitter. We Unfortunately We will not be responsible to you for any act or omission of a fitter and you must take up any dissatisfaction over the fitter’s services with that person.
2.2 When you have expressed an interest in buying from us we will take the details and put them into a quotation for you. Once the quotation is settled and contains the details of the Goods that you want to buy, then you should tell us that you wish to make the purchase on the basis of the quotation. We will have accepted your Order when we raise our “Acknowledgment of Order” form and deliver it to you. That may be by hand or by email. At that time a contract will have been made for the purchase of the Goods Ordered. If for any reason We are unable to supply you with the Goods, We will usually inform you of this before sending the Acknowledgement of Order form out and We will not process the Order further.
2.3 Please ensure that you read these Terms of Business carefully, and check that the details of your Order are complete and accurate. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.4 Once the contract is made We shall assign an Order number to your Order and inform you of it. Please quote the Order number in all subsequent correspondence with Us relating to the Order.
2.5 Our website, catalogue and brochure are solely for the promotion of Our Goods in the UK. Unfortunately, We do not accept Orders from OR deliver to addresses outside the UK.
2.6 The images of the Goods on Our website OR in Our catalogue or brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours OR the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
- CHANGES TO THE ORDER
3.1 You may make a change to the Order for Goods at any time within 14 calendar days of placing an Order by contacting Us, except in the case of Bespoke Goods. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing.
3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in Clause 12. In the case of Bespoke Goods, unfortunately, because We make these Goods to your specific requirements, you will not be able to cancel an Order once we have started to make them.
- MEASUREMENTS AND BESPOKE GOODS
4.1 We will usually supply Goods according to the measurements you provide Us. When measuring We recommend that you read Our helpful information and tips on how to measure in Our brochure or on Our website. Alternatively you can contact Us. We recommend that we be allowed to check your measurements by carrying out a site visit although this may not happen in every case.
4.2 If We have not carried out any measurements and the Goods are Ordered based on your measurements, then unfortunately, We cannot accept the return of Bespoke Goods if the reason for the return is because Goods are in accordance with the Order but the measurements provided are incorrect. In such circumstances We cannot be responsible for any consequences that follow. If the result is that we have incurred costs and expense as a result, then We shall be entitled to recover from you a sum equivalent to our losses and any expenses incurred. However, this will not affect your legal rights as a consumer in relation to Bespoke Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.
4.3 In the case of an Order for Bespoke Goods which are to be processed in Order to apply a certain colour to them, you will have chosen the colour from the standard internationally recognised RAL chart of colours. RAL colours appearing on the chart will match as closely as possible the colour applied to the Goods. However the chart used for your selection cannot serve as a standard for the colour applied as the colour may vary dependent upon the monitor used to view the chart or the quality of the reproduction or printing if a paper chart is used.
- DELIVERY OF GOODS
5.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. We will deliver most Goods Ordered from us for free to any domestic address falling within 40 miles in any direction from our showroom in Norton Canes.
5.2 If the estimated delivery date does not appear on our Acknowledgment of Order form We will contact you with an estimated delivery date. Delivery dates will be within 30 days after the day on which we accept your Order unless we have agreed a longer period. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See Clause 11 for Our responsibilities when this happens.
5.3 You may choose to collect the Goods or have them delivered. If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours which are as follows:
Monday to Friday – 8.00am to 5.00pm
Saturday – 9.00am to 5.00pm
We will also be closed on all Public Holidays in England.
5.4 If We are to deliver the Goods and there is no-one available at your address to take delivery (and the Goods cannot be posted through your letterbox), We will leave you a note informing you of how to rearrange delivery or collect the Goods from our premises.
5.5 If you do not collect the Goods from Us as arranged or if, after a failed delivery to you because you had not arranged for someone to be at the address, We will contact you for further instructions and may charge you for our reasonable storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact you or re-arrange delivery (or collection) We may end the contract with you.
5.6 When We are to deliver to your address, you will need to provide unobstructed access so that the Goods can be safely moved from our vehicle to the premises. Once the Goods have been delivered into the premises, they will have been delivered to you.
5.7 If We miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
(a) We have refused to deliver the products; or
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); and
(c) you told Us before we accepted your Order that delivery within the delivery deadline was essential.
5.8 If you do not wish to treat the contract as at an end straight away, you can give Us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
5.9 If you do choose to treat the contract as at an end for late delivery under Clause 5.7 or Clause 5.8 you can cancel your Order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the Order for some of the Goods (but not all of them), unless splitting them up would significantly reduce their value. After that We will refund any sums you have paid to us for the cancelled Goods and their delivery. If cancelled Goods have been delivered to you, you will have to return them to Us or allow Us to collect them at our cost.
5.10 The Goods will be your responsibility from the time We have delivered them to the address you gave Us when Ordering or from when you have collected them from Us but you will only own the Goods once We have received payment in full under the contract.
- QUALITY OF THE GOODS
6.1 As a consumer, you have legal rights in relation to Goods that are faulty or which are not as described. We are under a legal duty to supply Goods that are in conformity with this contract.
6.2 The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected life of the Goods your legal rights entitle you to the following:
(a) up to 30 days from delivery or collection, if an item is faulty, then you can get a refund of money paid for it;
(b) after 30 days and for up to 6 months from delivery or collection, if a faulty item can’t be repaired or replaced, then you are entitled to a full refund, in most cases;
(c) up to 6 years from delivery or collection, if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6.3 We guarantee that on delivery and for period of 12 months from delivery, the Goods shall be free from material defects. However, this guarantee does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident or negligence by you or by any third party which causes damage;
(c) if you fail to operate or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not done by Us or one of Our authorised repairers; and
(e) any incorrect specification provided by you.
6.4 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.
- THIRD-PARTY MANUFACTURER’S GUARANTEE OF GOODS
7.1 Most of the Goods We sell come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee document provided with the Goods.
7.2 The manufacturers guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.
- YOUR RIGHTS TO CANCEL THE ORDER
8.1 You can end the contract by contacting us at any time before We have delivered the Goods even if you have paid for them. However in some circumstances We may be entitled to levy a charge for doing this, as described below.
8.2 If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and We will refund you in full for any Goods which have not been provided or have not been provided in accordance with the contract and you may also be entitled to further compensation. The reasons mentioned are:
(a) We have told you about an error in the price or description of the Goods in your Order and you do not wish to proceed;
(b) there is a risk that supply of the Goods may be significantly delayed because of Events Outside Our Control;
(c) you have a legal right to end the contract because of something We have done wrong;
(d) you notify Us of your wish to cancel within 48 hours from our acceptance of your Order.
8.3 If you are not ending the contract for one of the reasons set out in Clause 8.2 (a) to (c), then the contract will end immediately and we will refund any sums paid by you for Goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract as compensation for the net costs we will incur as a result of your doing so.
8.4 If you wish to cancel the contract at any time after 48 hours from our acceptance of your Order and none of the matters in Clause 8.2 (a) to (c) apply, there will be a re-stocking and administration charge equivalent to 20% of the invoice value for each item that you wish to cancel on your Order. This cost covers any charges incurred by Us for processing, transporting, restocking and costs incurred with Our suppliers.
8.5 If you end the contract after Goods have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because:
(a) we have told you of an upcoming change to the Goods or to the price; or
(b) there has been an error in pricing or description; or
(c) there has been a delay exceeding 30 days from the proposed delivery date due to Events Outside Our Control; or
(d) you are exercising your legal rights to end the contract because of something we have done wrong; or
(e) in accordance with a right to cancel afforded to consumers in the case of off premises or distance contracts, then we will pay the costs of return. In all other circumstances you must pay the costs of returning the Goods.
- PRICE AND PAYMENT
9.1 The price of the Goods will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
9.2 Where applicable Our prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
9.3 In most circumstances, where We are providing Goods to you, you must make payment for Goods at least 7 days in advance by credit or debit card. If We make any other arrangements for payment with you, those arrangements will be recorded in writing at the time of the acknowledgement of your Order.
9.4 If you do not make any payment due to Us by a due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
9.5 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, Clause 9.4 will not apply for the period of the dispute.
- OUR LIABILITY TO YOU
10.1 If We fail to comply with Our contract with you, We are responsible for any loss or damage you suffer that is a foreseeable result of Our breach of the contract or of Our negligence. Please note that We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
10.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
- EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
11.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
11.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under Clause 12. We will only cancel the contract if the Event Outside Our Control continues for longer than 6 weeks in accordance with Our cancellation rights in Clause 13.
- YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 Before the Goods are delivered, you have the following rights to cancel an Order for Goods (other than Bespoke Goods), including where you choose to cancel because We are affected by an Event Outside Our Control or because of a change to these Terms of Business under Clause 3.1 to your material disadvantage:
(1) You may cancel any Order for Goods within 14 calendar days of placing an Order by contacting Us. We will confirm your cancellation in writing to you.
(2) If you cancel an Order under Clause 12.1(1) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges.
12.2 Unfortunately, if you cancel an Order for Goods under Clause 12.1(1) and We have already despatched your Goods to you, We will not be able to cancel your Order until the Goods are delivered or collected. In this case, if you return the Goods to Us undamaged and still in their packaging, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
12.3 Where you have cancelled an Order and the Goods have been delivered, We reserve the right to recover proper compensation from you for any damage to the Goods that occurs whilst they were in your possession.
12.4 As Bespoke Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to Bespoke Goods that are faulty or not as described).
- OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
(a) We will promptly contact you to let you know;
(b) We will offer you similar alternative Goods to those Ordered, and if accepted, the contract will be deemed to have been made as thought the alternative Goods had been originally Ordered;
(b) if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you;
(c) where We have already started work on your Order for made-to-measure Goods by the time We have to cancel under Clause 13(a), We will not charge you anything and you will not have to make any payment to Us.
- INFORMATION ABOUT US AND HOW TO CONTACT US
14.1 We are Norton Homestyle Limited. Our registered office is at the premises formerly known as “Norton Bathrooms”, at Walsall Road, Norton Canes, Cannock, Staffordshire WS11 9NS. Our company is registered in England and Wales under company number 01261051. Our VAT Number is GB 346 8153 41
14.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01543 270800 or by e-mailing Us at email@example.com.
14.3 If you wish to contact Us in writing, or if any Clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Us at Norton Canes, Walsall Road, Cannock, Staffordshire, WS11 9NS. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 We will use the personal information you provide to Us to:
(a) provide the Goods;
(b) process your payment for such Goods; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
15.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
15.3 Other than when you have authorised us to pass your details on to a fitter, We will not give your personal data to any other third party.
- OTHER IMPORTANT TERMS
16.1 You may transfer the benefit of the guarantee in Clause 7.1 to any purchaser of your property. You may only transfer your other rights or your obligations under these Terms to another person if We agree in writing.
16.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at Clause 7.1 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
16.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 These Terms together with your Order constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
16.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.