Terms & Conditions

Terms & Conditions

1. DEFINITIONS

1.1 “Company” means Smooth Baths.

1.2 “Seller” means Smooth Baths, Innovation Hub, Ballymun Civic Centre, Main Street, Dublin, D09 C8P5, Ireland.

1.3 “Buyer” means the person who buys or agrees to buy the goods from the Seller.

1.4 “Products” means the products and services listed on the invoice from Online Order.

1.5 “Contract” means any contract for the sale of products or services by the Company to the Buyer.

1.6 “Delivery Address” means the address specified on the Online Order to which the Seller will deliver the Products.

1.7 “Price” means the price as detailed on the invoice of Online Order.

1.8 “Online Order” means the order made by the Buyer on the Smooth Baths website.

2. PRICE

2.1 The Price shall be the Price set out on the invoice of Online Order or Proforma Invoice.

2.2 If the Buyer is not an eligible person or organization under the terms of VAT leaflet 701/7 then VAT shall be due at the rate prevailing at the date of this Contract. Eligible customers can claim relief from VAT under schedule 8 group 12 of the Value Added Tax Act 1994. VAT applicable will be added then by the manufacturing company of the product sold.

2.3 The Company reserves the right to adjust the price to reflect any change in the applicable rate of VAT. Company may also alter price of products listed on its website if existing prices are “incorrectly” displayed by the system.

3. PAYMENT

3.1 The standard payment terms are full payment with order unless otherwise agreed in writing.

3.2 It is a condition of this Contract that where payment is agreed to be made by cheque, the Company may conduct any financial status check of the Buyer as it shall consider reasonable.

3.3 Title of the Products shall pass to the Buyer once full payment has been received and cleared by the Seller.

3.4 Orders for Products made especially for the Customer will be charged in full unless written notice of cancellation is received before the manufacture of them or of any components for them has commenced.

3.5 Orders for Products may be cancelled by written notice at any time before the Products are manufactured or dispatched. If a cancellation notice is received after the Products have been manufactured or dispatched, the Buyer will bear the responsibility of returning the Product(-s) at their own expense or Company hold the right to charge Buyer 5%-10% of the original Online Order.

3.6 Refunds will only be considered following inspection of the returned Product(-s). Product(-s) must be returned in their original packaging, undamaged and unused.

3.7 Subject to condition 3.5 a refund may be made subject to the deduction of any shipping and restocking fees which may be applicable.

4. GUARANTEES & SERVICE

4.1 Product(s) are supplied subject to any guarantees offered by Smooth Baths.

4.2 In the case of misuse, alteration or interference with the Product by any persons other than the Company or its appointed representatives, the Company reserves the right to charge for repairs or other work arising from the same, and in addition charge for the collection and delivery of the product, if deemed necessary by either the Company or the Buyer.

5. INSTALLATION

5.1 Installation of the Product(s) shall be the sole responsibility of the Buyer.

6. PRODUCT SELECTION

6.1 The Buyer is responsible for the selection of the Product(-s), and for confirming that the Product(-s) can be brought into the Buyer’s premises.

6.2 The Buyer agrees that the Company may make minor modifications to the specification of the Product (that is modifications which do not materially affect the design, quality or appearance of the Product) at its own discretion. In the case of major alterations, the Company will contact the Buyer to agree the alterations.

6.3 If the Company, for reasons beyond its control, is unable to supply a particular Product, then the Buyer will be informed immediately and will be offered an equivalent Product of similar value, or a refund.

7. DELIVERY

7.1 Upon signing for delivery of Product(-s), the Buyer will assume the risk of any loss or damage to the Product(-s) from the time of delivery.

7.2 Upon delivery of the Product(-s) the Buyer shall advise the Seller within 24 hours of any shortfall or damage to the Product(-s). Any costs involved with return shipment will be fully covered by the Buyer.

7.3 The Product shall be delivered to secure on-site ground level storage or into a ground floor area close to the main entrance of the premises. Delivery shall not include bringing the Product upstairs or to any area inside the premises requiring significant lifting or maneuvering of the Product.

7.4 The Company will do all that it reasonably can to meet an agreed date given for delivery. Should unforeseen circumstances arise, the Company will not be held responsible for such delay, and shall not be liable for any consequential costs incurred due to such delay.

7.5 The Company will do all that it reasonably can to provide information regarding the date and time of delivery. Due to the nature of shipping it is not always possible to guarantee specific dates and/or times of day for delivery. Should delivery fail due to absence or unavailability of the Buyer, the Buyer shall be liable for charges imposed by the shipper for redelivery.

7.6 Numerous items are in stock and can be dispatched within 48 hours. The rest are ordered individually and are available within 2 to 3 weeks. Information about the delivery time should be made clear on each product description page.

7.7 The products are delivered by a haulier and you will be able to follow your order by means of a tracking code.

7.8 ‘Smooth Baths’ wants to remain true to its principal aim of offering original and accessible bathroom products to the public at large. In order to achieve that, we offer you fully secure payment process and delivery service, an efficient customer service and faultless after-sales service (if needed).

8. WEBSITE USAGE & SECURITY

8.1 You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through our website (smoothbaths.com). All information, designs, drawings and other specifications provided on this website (www.smoothbaths.com) are the exclusive property of Smooth Baths. Any copying, transmission or re-transmission of the same requires the prior written approval of Smooth Baths.

8.2 We do not hold any personal data. It is stored on a remote secure server. Accordingly, if you have any questions concerning website privacy and data use, we suggest that you contact Smooth Baths or view our privacy statement.

8.3 You are entirely responsible for any and all activities that occur under your account which is provided to you by Smooth Baths. You agree to notify us immediately of any unauthorised use or any other breach of security.

8.4 We reserve the right at all times to place advertisements and promotions on our website. Advertisers will be solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused therefrom.

9. LIABILITY & WARRANTY

9.1 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use our website, any changes to our website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the products offered. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €10.

9.2 You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in email-distributed, commercially produced information presented to you by our website, by us, or our advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws

9.3 If any manuals or safety instructions are provided with the offered products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on our website is not meant to be comprehensive and if you are inexperienced in using the products offered or are unsure of your abilities, you should always seek expert advice and assistance.

9.4 The information contained in our website (smoothbaths.com) is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through our website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through our website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.

9.5 If you purchase online, you have a statutory right to return any product up to 7 days after your order has been delivered (cooling off period). We can change or cancel an order up until it is dispatched. If the order has been dispatched, you can return the product(-s) to us and we will organise a refund (excluding delivery cost). If any delivered product is damaged or faulty please contact us and we will organise a replacement or refund. Any claim cannot be entertained once the order has been signed for, any damage must be specified on the delivery docket and the parcel must be refused.

9.6 Many of the products offered on our website might not have detailed specifications. All descriptive matter, drawings, pictures, colours, specifications and advertising on our website are for the sole purpose of giving an approximate description of these products.

9.7 ‘Smooth Baths’ shall not be liable for any failure to perform any of its obligations under these terms and conditions which is caused by circumstances beyond its reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

9.8 The terms of use shall be governed by and construed fully in accordance with the laws of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

9.9 We may terminate our website (www.smoothbaths.com) with or without cause at any time and effective immediately. In addition, we, in our sole discretion, may terminate your account for violation of the letter or spirit of these terms and conditions.

10. VOUCHERS USAGE POLICY

10.1 On occasions we will offer voucher codes and discounts herein described as voucher codes’ (including without limitation discounts, offers, promotions, prize draws, flash sales competitions etc) via different channels to new and/or existing customers. By using any voucher code, you are agreeing that voucher code may only be redeemed online on our website www.smoothbaths.com. Voucher discounts cannot be redeemed via telephone or email unless expressly advertised.

10.2 A voucher code cannot be used in conjunction with any other offer, discount or promotion.

10.3 Only one voucher code can be used per transaction per user. Voucher code/promotions cannot be applied retrospectively.

10.4 A minimum spend threshold maybe required on voucher/promotions codes. This will be clearly stated at the time of purchase and in all advertising.

10.5 A voucher code is redeemed by entering the code at the appropriate point on the online purchase order process for a qualifying purchase.

10.6 A voucher code is not exchangeable for cash and is not to be used in conjunction with any other offer, discount or promotions. The voucher code cannot be used for the purchase of gift vouchers and/or gift cards.

10.7 Voucher codes are non-transferable and non-refundable. Voucher codes can only be redeemed against in stock items and cannot be used against out of stock items.

10.8 We accept no liability for the administration of Smooth Baths vouchers by 3rd parties etc.

10.9 ‘Smooth Baths’ accepts no responsibility for voucher codes that are illegible, lost or expired during any such promotion, on any media or channel delivered via or electronically on the website. Voucher codes not submitted in accordance with above terms, or incomplete, illegible, expired or otherwise defective shall be rejected and/or disqualified and our decision is final.

 

The Contract and these Terms and Conditions shall be governed by the laws of European Union, Republic of Ireland, England, Scotland and Wales.
Smooth Baths, Innovation Hub, Ballymun Civic Centre, Main Street, Dublin, D09 C8P5, Ireland
SMOOTH BATHS – company registered in the Republic of Ireland (No. 599160)
July 2017

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