Terms & Conditions

Swan Bathrooms Website Terms & Conditions

1. Information about Swan Bathrooms

www.swan-bathrooms.com is a website operated by Swan Baths Ltd based in Preston.Swan Bathrooms Company registration number is 05925625, and our registered office is at Unit 1 Fishwick Park, Mercer Street, Preston PR1 4LZ, at Swan Bathrooms Head Quarters.

2. Your Status

By placing an order through Swan Bathrooms site, you warrant that:
• You are legally capable of entering into binding contracts; and
• You are at least 18 years old;
• You are resident in the UK; and
• You are accessing our site from the UK.

3. Contract between Swan Bathrooms and the customer

After placement of an order, the customer will receive an e-mail from Swan Bathrooms 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 Swan Bathrooms to buy a certain 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 Notice). At any point up until then Swan Bathrooms may decline to supply an item to you. If Swan Bathrooms decline to supply an item to you and you have already paid for it, Swan Bathrooms will give you a full refund of any amount already paid for that item. The contract between Swan Bathrooms (Contract) will only be formed when we send you the Dispatch Confirmation Notice.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation Notice. 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 Notice.

4 Descriptions, prices and product information

We have taken great care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on Swan Bathrooms. If there is anything which you do not understand, or if you wish to obtain further information, please contact Swan Bathrooms Customer Services via phone or email.
Every effort is made to ensure that prices shown for items are correct when the item is added onto the Swan Bathrooms site.
If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price. If you decide not to order the item, we will give you a full refund on any amount already paid for that item. All prices are expressed inclusive of any VAT payable unless otherwise stated.
Prices are liable to change at any time, but changes will not affect orders in respect of which Swan Bathrooms have already sent you a Dispatch Confirmation.

5. Availability

If for any other reason beyond our reasonable control Swan Bathrooms are unable to supply a particular item, Swan Bathrooms will not be liable to you except to ensure that you are not charged for that item. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation Notice or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation Notice, unless there are exceptional circumstances.

6. Risk & Title

The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when Swan Bathrooms receive full payment of all sums due in respect of the Products, including delivery charges

7. Delivery
Delivery will only be made to the address specified when you complete the order. Swan Bathrooms only deliver to addresses within England, Scotland, Wales and Northern Ireland. Swan Bathrooms use a variety of delivery methods, depending on the size of the item you order and the speed with which you wish to receive it. Some items are delivered directly by the supplier and the supplier will contact you to arrange delivery.
 Swan Bathrooms' aim is to deliver most of your larger items within 14 days. Whilst Swan Bathrooms make every effort to deliver all your items within 30 days of the date of your order, Swan Bathrooms shall not be liable if we fail to do so in part or in full due to circumstances beyond our control. Swan Bathrooms shall contact you to let you know if we are having any problems getting an item to you within that time. Sometimes a signature is required at delivery. By placing an order you are authorising us to accept signature from another person on your behalf if you need to sign for an item and you are not present at the time of delivery. For some items that do not require a signature at delivery you may be able to give instructions explaining if and where you would like the item to be left if no one is present at the time of delivery, such as with a neighbour. Swan Bathrooms also use third party delivery companies which may, at their discretion, leave an item in a safe place if no one is present at the time of delivery. In these circumstances the courier company will put a card through your letter box explaining where it has left the item.
Ownership of an item will not pass to you until Swan Bathrooms have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item is delivered, the risk of damage to or loss of the item passes onto you.

8. Cancellation Policy

If you order using Swan Bathrooms, you may cancel a Contract at any time within seven working 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, but will be liable for costs incurred by us for delivery and recovery of the Products. To cancel a contract you must inform Swan Bathrooms via phone or in writing. You must also return the Product(s) to Swan Bathrooms immediately, 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, Swan Bathrooms may have a right of action against you for compensation. You will not have any right to cancel a Contract for the supply of any of the following Products:
Specially Ordered Products that have been custom made to suit your requirements or which cannot readily be returned.

9. Returns Policy

We hope that you will be happy with your purchase but should you wish to return or exchange an item please follow the instructions:
Please note that your right to return an item does not apply to certain items unless the item has a manufacturing fault). Such items include:

o flat pack furniture that has been partially or fully assembled; and
o Items which have been installed.
o Bespoke Items
o Toilet Seats that have been removed from the packaging
If you do not return the item as instructed within 7 days of cancellation, we will make a charge in respect of the cost of recovering (or attempting to recover) the item. If you do not return an item after our reasonable attempts to recover it, you will be deemed to have accepted the item, at which point a new purchase contract will be made and you will be charged for your order at the price then set out on the Site.

Returns will be accepted in the following circumstances:

• For Products returned within the seven-day cooling-off period, we will, subject to return of the Products to us, 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. The Products must be returned as new, unopened in their original packaging. In this case, we will refund the price of the Product in full but not the cost of sending it to you and you will be responsible for the cost of returning the item to us.

• For orders cancelled once the goods have been dispatched from our warehouse. Such cancellation of orders will result in a refund of the Products, less a £30 administration fee and less the cost of your delivery and any costs incurred by us in recovering the items back to our warehouse.

• For defective products we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the 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 not caused by you or your servant or agent will be refunded 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.

• Products damaged in transit must be noted at the time of delivery, documented on the delivery note and delivery refused. It is the customer’s responsibility to check the Products for damage with the delivery driver and to notify us of any damages within 48 hours. We will not accept claims for Products damaged in transit that were signed for as being in good condition.

9. OUR LIABILITY
We warrant to you that any Product purchased from Swan Bathrooms through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
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 and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability
• For death or personal injury caused by our negligence;
• Under section 2(3) of the Consumer Protection Act 1987;
• For fraud or fraudulent misrepresentation; or
• For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

10. ACCESS TO SWAN-BATHROOMS.COM

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.

11. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Swan Bathrooms site, you accept that communication with Swan Bathrooms 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 Swan Bathrooms provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. NOTICES

All notices given by you to us must be given to Swan Bathrooms, Unit 1 Fishwick Park Mercer St, Preston, PR1 4LZ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. 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.

13. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assigns.
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.
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.

14. EVENTS OUTSIDE OUR CONTROL

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).
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:
• Strikes, lock-outs or other industrial action.
• 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.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government.
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.

15. WAIVER

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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
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 12 above.

16. SEVERABILITY

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 ,lpermitted by law.

17. ENTIRE AGREEMENT

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.
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.
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 party´s only remedy shall be for breach of contract as provided in these terms and conditions.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

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's capabilities.
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's capabilities.
19. 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.