Wet Wall Works – Terms and Conditions of Business
1. Introduction
1.1 Wet Wall Works offers both an online and telephone based service for purchasing our Products and Accessories (“the Service”). “Wet Wall Works” or “we/our/us” means Bathroom Elegance Ltd trading as Wet Wall Works, a company registered in Scotland (Company Number SC137829) and with its registered office at 30 Lynedoch Industrial Estate, Dellingburn Street, Greenock, PA15 4AX.
1.2 By using this Website and/or placing an Order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound these terms and conditions hereunder, do not use or access this Website. You must read and accept all of the terms and conditions contained herein before you may use or access the Website in any way.
1.3 These terms and conditions constitute the entire terms and conditions upon which Wet Wall Works provides the Website and upon which the Customer agrees to contract for the purchase of Products except where specifically varied by written agreement by Wet Wall Works on its Order acknowledgement. They supersede any written or oral representations, statements, understandings or agreements
1.4 From time to time, it will be necessary to update the terms and conditions and you agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.
Definitions
In this Agreement:-
“Accessories” means all accessories provided by Wet Wall Works including adhesive, silicone, cleansing products and trims.
“Agreement” means these terms and conditions together with the Customer’s Order as confirmed in Wet Wall Work’s Order Confirmation.
“Charges” means the price for the Products Ordered, as set out in the Website.
“Complaints Process” means all complaints must be sent to websales@wetwallworks.co.uk or in writing by post to Wet Wall Works, 32 Lynedoch Industrial Estate, Hope Street, Greenock, PA15 4XA.
“Customer Information” means the information required by Wet Wall Works to allow us to deliver Services.
“Information” means any and all material contained in this Website.
“Inspection Process” or “Inspection” means the process to inspect the Products outline in clauses 11.
“Installation” means due to the nature of service provided, Wet Wall Works will only supply Products to the Customer, installation and any issues connected with installation is the responsibility of the Customer.
“Intellectual Property” means any patent, invention, photographs (on the website), copyright, database right, registered or unregistered design, trademark (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.
“Order” means the Customers instruction to Wet Wall Works to proceed and supply the Product(s).
“Order Confirmation” means the email acceptance sent by Wet Wall Works following receipt of the Customer’s Order. Please note in certain circumstances to accommodate some Customers the Order Confirmation shall be delivered by postal service.
“Postal Service” means the alternative means of contracting and communicating with Wet Wall Works for Customers without internet access.
“Product or Products” means all products provided by Wet Wall Works including waterproof panels.
“Surface Film” means the protective coating applied to the Product at the point of manufacturing and is an integral part of protecting the Product and can only be sold with the Surface Film intact (not removed or damaged in any way).
“the Customer” and “User” or “You / Your” means the individual or person, consumer persons identified in the Website as contracting for the Service and includes their successors or personal representatives.
“the Website” means the Wet Wall Works website operating under the domain name of https://www.wetwallworks.co.uk.
“Tolerance” means the allowance amount required when fitting the Product, as outlined on the website.
“Working Day” means within the hours of 9.00am to 5.00pm, Monday to Friday only, not including bank holidays;
2. Service provision
2.1 Wet Wall Works will provide an Order acknowledgement for all Orders placed but reserves the right to accept or reject any Order at its sole discretion.
2.2 Wet Wall Works will use all reasonable endeavours to provide the Service as described on the Website.
3. Basis of Use of the Website
3.1 The Customer agrees to the following:-
3.1.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
3.1.2 that you will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the information contained in the Website (“the Information”) at any time;
3.1.3 that you shall not use the Information for any unlawful purpose or in any unlawful manner;
3.1.4 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third-party rights (including but not limited to rights of copyright, trademark or confidentiality);
3.1.5 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;
3.1.6 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested with Wet Wall Works at all times;
3.1.7 that you acknowledge that Wet Wall Works has no obligation to provide the Website or any Information or to ensure that you are able to use, provide and/or access the Information, and the Website;
3.1.8 that you will indemnify and keep indemnified Wet Wall Works against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.
4. Order Process
4.1 Wet Wall Works will take the Order over the telephone. An Order may be placed by telephone by calling 0300 3035553. In the event the Customer has no access to internet service; Wet Wall Works will issue the terms and conditions via the Postal Service during Working Hours only.
4.2 No Agreement in respect of any Order shall exist between us and You until your Order has been accepted by us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
4.3 Where an Order is placed orally or in the event of any dispute as to the Order, the Order Confirmation shall be deemed as the authoritative Order.
4.4 Any quotation issued by email or via the phone or through the website, will be valid for 30 days.
4.5 Please note, with regards to any telephone calls between us, we record all telephone conversations to assist with training and to ensure the best service is being provided.
4.6 Customers who require the use of the postal service please provide us with the correct postal and delivery details and are obligated to communicate with Wet Wall Works in writing by post to Wet Wall Works, 32 Lynedoch Industrial Estate, Hope Street, Greenock, PA15 4XA.
5. Customer Obligations
5.1 Orders made by you may be placed via the Order process set out above.
5.2 The Agreement will relate only to those Products which we have confirmed in the Order Confirmation. No Agreement in respect of any supply of Products shall exist between us and you until your Order has been accepted by us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
5.3 When placing an Order for the first time, you will be required to register with us over the telephone through the Order process.
5.4 The Customer is responsible for providing a satisfactory level of cooperation and for providing all necessary Information and facilities to enable Wet Wall Works to produce and deliver a quality service, including:
5.4.1 necessary information for delivery including name, home address, delivery address, email address, landline and mobile telephones;
5.4.2 suitable access and facilities for delivery.
5.4.3 adhere to the Delivery Process including;
5.4.3.1 to sign the proof of deliver (POD) on delivery (delivery complete).
5.4.3.2 to carry out checks on the Products when its delivered.
5.4.3.3 in the event the Customer is not home, the Customer accepts that each delivery has been photographed prior to delivery.
5.4.3.4 to store the Product in a dry location.
5.4.4 accept guidance from a Wet Wall Work’s representative when using the website or placing an order online.
5.5 The Customer is fully responsible for the liability of the Products when delivering is completed.
5.6 The Customer is entirely responsible for obtaining and holding all consents, licences, permits and other similar instruments including planning permission to allow Wet Wall Works to carry out the Works.
5.7 The Customer is recommended to cater for Tolerance levels (as outlined on the website) when Installing the Product, due to the nature of the Product’s inherent characteristics, the Customer accepts the requirement for Tolerance as part of the Service when purchasing the Product.
5.8 The customer must notify us if they receive different batch numbers before fitting.
5.9 It is the customers responsibility to inform us before placing an order if they need a particular batch as this will save the customer any needless costs.
6. Third Party Websites
6.1 The Website contains links to websites operated by parties other than Wet Wall Works. Such links are provided for the User’s convenience only. Wet Wall Works does not control such websites, and is not responsible for their content. Wet Wall Work’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third-party websites, and also the value and integrity of any Products and services offered by such websites.
6.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.
7. Service Charges
7.1 Charges for the Service shall be based upon the Customer paying the full Payment for the Service in advance of the Products being issued.
7.2 The prices charged shall be those stated on the Website and confirmed in the Order Confirmation provided to the Customer. Prices on the Website are inclusive of VAT. The delivery charges will be added to the total charge for the Service identified in the Order Confirmation.
7.3 Unless otherwise agreed, no Service will commence until payment has been received.
7.4 Wet Wall Works reserves the right to change prices or institute new charges for use of the Service at any time.
7.5 All payments must be cleared and received before any Products are dispatched.
7.6 Charges are based upon the Customer paying for the Products in advance.
7.7 The prices charged initially shall be those stated on the Wet Wall Works Website.
7.8 No Products will be despatched until payment has been received.
7.9 Wet Wall Works will not be liable for any bank charges incurred by the Customer.
7.10 The Customer must be aware that Wet Wall Works do not receive cheques.
7.11 In the event the Product requires to be re-delivered, the Customer accepts they are liable for that cost.
7.12 In the event an inspection of the site is required, the Customer accepts a deposit taken by Wet Wall Works as part of the process of inspection as outlined in Clauses 14.
8. Payment of Service Charges
8.1. Prices include VAT which shall be added and charged at the prevailing rate. We accept payment in British pounds sterling only.
8.2 The Agreement is based upon the Customer paying in full the initial payment in advance of our acceptance of the Customer’s Order, prior to the Service commencing through our Debit and Credit Card Services.
8.3 You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your Order and we will not be liable for any delay or non-delivery and we are not obliged to inform You of the reason for the refusal. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with your Order Confirmation.
8.4 Where applicable, the Customer will be provided with the Order Confirmation by email along with an invoice via the Postal Option. In the event the Customer requires a paper bill, Wet Wall Works will charge a fixed fee of £5.00 for this Service.
8.5 The Customer shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to Wet Wall Works.
8.6 Subject to 11.1, the Customer is responsible for paying for all carriage charges including all delivery costs associated with returning a Product.
9. Proprietary Rights
9.1 All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) are owned by, licensed or authorised to Wet Wall Works, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Wet Wall Works or its licencors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a license to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non- commercial use.
10. Changes
10.1 Should the Customer require a change in the nature, scope or timing of the Service or in any other aspect of this Agreement, such change shall be requested in writing. Wet Wall Works shall advise the Customer of the effects including any increase in the Service charges which may result and the Agreement shall be modified to reflect such changes including to the Service charge and/or duration which may be agreed.
11. Returns, Refunds and Inspection
11.1 We offer a 28 day returns policy on panels, flooring & trims purchased online when delivered to you and 14 days when you choose to Click & Collect from one of our bricks & mortar stores.
11.2 All returns (not including Accessories), applicable to Waterproof Products (panels) only and not applicable to accessories, and the refund;
11.2.1 subject to the Products being undamaged and in the original packaging, this includes the Surface Film being intact. In the event that the Surface Film is removed, Wet Wall Works cannot offer a refund (as the Products are not in a resale-able condition).
11.2.2 Multipanel products will incur a 20% re-stocking charge.
11.2.3 Subject to 11.1, the Customer is responsible for returning the Product(s) and collection(s) at their own expense, in their original packaging, unopened and all carriage/transport costs being payable by You. We only accept the responsibility of your return(s) once they are in our warehouse and checked by our Quality Controller. If the item(s) are not in saleable condition you have 28 days to arrange a collection. If no collection or contact is made within 28 days of us receiving these item(s) we will dispose of them.
11.2.4 If you struggle to find your own courier we can arrange uplift for you under the understanding the item(s) are your responsibility until they have been checked over. Tracking can be provided from our system but it is your responsibility to make sure the items are well packaged to prevent any damages. If you received "Free Delivery" this will be deducted along with collection charges when you are refunded.
11.3 It is the Customer’s responsibility to inspect and check the received Products or part thereof as soon as reasonably practicable after delivery and in any event, not more than one day (1) day after delivery to ensure that the Products conform to the confirmed Order. In circumstances where You consider that the received Products do not conform with the confirmed Order, it is the responsibility of the Customer to return the Products to Wet Wall Works in their original packaging, all carriage and transport costs being payable by You.
11.4 The Product cannot be returned if used, including the Surface Film being removed or if the Product was damaged or mistreated in anyway; Wet Wall Works being the sole arbiter of this issue.
11.5 Wet Wall Works shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as possible.
11.6 Subject to Clause 11, within seven (7) days from receipt of any returned Products, Wet Wall Works will conduct a quality inspection and test of the Product (s) and if corrective action is required, will replace or refund the Products at the Customer’s election and we will then re-issue the Products in question and forward to You at no extra cost. Where a refund is due we will refund any monies to You within a maximum of 14 days of our receipt of the returned Product(s).
11.7 Due to the nature of Wet Wall Works Services, the Customer must, where possible provide photographic evidence with regards to the return of damaged Products. This evidence must be provided prior to the Product being returned and subject to 11.6.
11.8 Your refund will only include the products and not the shipping cost.
12. Disclaimer and Limitation of Liability
12.1 In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
12.2 To the maximum extent permitted by law, we disclaim all implied warranties with regard to the information, services and materials contained on this Website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
12.3 The Customer must make every effort to secure their username, passwords and key phrase details and should not under any circumstance disclose their username and password and key phrase details to a third party or by an email request. Wet Wall Works, nor its directors, employees or representatives will be liable for damages arising out of or in-connection with the use of this Website or information, content, materials or products included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
12.4 It is the Customers responsibility to maintain and update browser, firewall or anti-virus and anti-spyware software. The Customer must protect their Computer and ensure they update all security software by downloading the latest security patches from relevant software provider.
12.5 Wet Wall Works will endeavor to provide services as described on the Website but cannot guarantee 100% uptime.
Customers use of the Product(s)
12.6 Except as expressly provided in this Agreement, no warranty, condition, undertaking or term, expressed or implied, statutory or otherwise, as to the condition, quality, performance, durability or fitness for purpose of the Products is given or assumed by us and all such warranties, conditions, undertakings and terms are hereby excluded insofar as permitted by law.
12.7 WE SHALL NOT IN ANY CASE BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT OR SIMILAR LOSS OR DAMAGES (INCLUDING ALL MANNER OF COSTS, FEES AND EXPENSES) ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE.
12.8 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Wet Wall Works becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Wet Wall Work’s negligence) or otherwise, will not exceed the value of the Order.
12.9 Wet Wall Works is not responsible for the performance of the Product due to the Customers use or mis-use of the Product.
12.10 Wet Wall Works cannot be responsible for damage to any Customer property due to the Customer mis-use of the Product, issues with Installation or inability to follow the Product care instructions.
12.11 The Customer is solely responsible for assessing the suitability of the Product and the correct size of the Product.
12.12 During the Customers use of the Product or following delivery of the Product, should the Product suffer damage, the incident is not the responsibility of Wet Wall Works. The Customer should treat the damage as an insurance issue.
12.13 Wet Wall Works cannot be held responsible for any Product being out of stock.
12.14 With regard to Any issue related to the installation of the Product, the Customer understands they are solely responsible for the installation of the Product, including the interpretation of the Tolerance required when installing the Product.
12.15 Wet Wall Works is not responsible for any other products or any related products purchased by the Customer.
13. Treatment of Product (maintenance)
13.1 All Wet Wall Work’s Product(s) should only be treated as outlined in these care instructions. In no circumstances, should the Products be exposed to all weathers. The Product is to be used as an interior material and is solely for in-door use. No heat should be applied directly to the Product and the Product should be installed in a location that has clear access to ventilation. It is critical you the Customer, clean the Product with a non-abrasive material, and use the recommended cleansing fluid or soapy water or use our (non-chemical) cleansing fluid to maintain the Product.
14. Warranties
14.1 With the exception of products identified below, all Products supplied by Wet Wall Works include a 12-month warranty (excluding Accessories or perishable products and all similar type products which are not guaranteed) which commences on the day on which the Product is delivered. Such warranty shall be invalidated if You mis-use the Products in any way or if:
14.1.1 any maintenance requirements relating to the Product has not been complied with;
14.1.2 any instructions as to maintenance or care of the Product have not been complied with in all respects (as outlined in Clause 13) including if damaged or mistreated in any way; Wet Wall Works being the sole arbiter of this issue.
14.1.3 all warranties are subject to these terms and conditions and our inspection process as outlined in Clauses 11.
14.2 For the avoidance of doubt we shall not be responsible nor liable for any compatibility issues relating to any Products not supplied by us where we were not consulted or where we were consulted but our advice was not heeded and acted upon.
14.3 Products not supplied by Wet Wall Works are not covered by our customer service.
14.4 In the event that the Product (s) are not performing to the manufacturers guaranteed specifications, the product will be inspected (as outlined in clauses 11) and the issue referred to the manufacturer subject to the manufacturer’s terms and conditions. However, timescales for replacement of the Product will be subject to the Inspection Process.
14.5 The inspection of the Products (on site) is free of charge to the Customer if any fault lies with Wet Wall Works. However, should the inspection reveal that any Product is changed or altered in any way (subject to the conditions outlined in this Agreement), the Customer is due to pay the cost of the inspection plus any cost related to re-issuing the Product. Prior to the inspection process Wet Wall Works reserve the right to deduct the cost of the inspection via your credit or debit card. Wet Wall Works will only retain the deposit in the event that we are not at fault.
14.6 If we do cancel your Order we will notify you by e-mail or by letter and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 14 days of your Order.
14.7 Wet Wall Works undertakes to use reasonable skill and care in providing the Service as described in the Website.
15. Product Characteristics
The Customer is responsible for ensuring that the Products are suitable for their intended purpose and no warranty condition or representation is given by the Wet Wall Works as to the fitness of the Products for any particular purpose unless otherwise expressly agreed. The Products are sold on the express understanding that they are subject to variation in colour and tone.
16. Force Majeure
16.1 Wet Wall Works shall not be liable to you or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:
16.1.1 act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye- laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party);
16.1.2 technical problems, external circumstances preventing suppliers delivering against deadlines or preventing delivery of third party against agreed commitments including delivery services.
17. Cancellation
17.1 If you are purchasing as a consumer, you may cancel your Order with us, at any time up to the end of the fourteenth working day (14) after the date you receive the Ordered Products, subject to clause 17.2, you do not need to give us any reason for cancelling your Order up to 14 days after the Order is placed, after the 14 days, you are not entitled to a refund, subject to clause 17.4.
17.2 The Product must be unused, in its original packing (including Surface Film intact) and in a saleable condition.
17.3 To cancel your Order, please provide us with written notice by post to Wet Wall Works, 32 Lynedoch Industrial Estate, Hope Street, Greenock, PA15 4XA, or websales@wetwallworks.co.uk in each case within the statutory cooling-off period and giving details of the items Ordered, and (where appropriate) their delivery date.
17.4 If you have received the Products before you cancel your Order then (unless clause 17.3 applies) you must send the Products back to our contact address at your own cost as per the Distance Selling Regulations. Where you fail to return the Products to us, we shall be entitled to charge you for the reasonable costs of collecting the Products from you. We reserve the right to deduct such costs from any refund due to you.
17.5 Once you have notified us that you are cancelling your Order, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 14 days of your Order being cancelled, provided that the Products in question are returned by you and received by us in a reasonable condition. If you do not return the Products delivered to you or do not pay the costs of delivery (where applicable), we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.
18. Cancellation by us
18.1 In addition to our rights under clause 17 above, we reserve the right to cancel the contract between us if: (i) we have insufficient stock to deliver the Products you have Ordered; (ii) we do not deliver to your area; or (iii) one or more of the Products you Ordered was listed at an incorrect price due to a typographical error or an error or change in the pricing information.
18.2 If we do cancel your Order we will notify you by e-mail or by letter and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 14 days of your Order.
19. Delivery and Collection
19.1 Completed Orders will be sent to the delivery address that you have given on your Order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.
19.2 Wet Wall Work’s times of delivery are not set and can occur up to midnight.
19.3 Wet Wall Works shall bear all risk in respect of consignments until delivered to the Customer. Once a Completed Order has been received by you (including collection for the Products by you), all risk of damage to, or loss of, the products shall pass to you.
19.4 We only deliver to the kerbside. However, in the event of the Customer requires us to deliver on their private property, we will deliver subject to the Customer indemnifying Wet Wall Works against all damages.
19.5 Orders placed before 12pm (midday) will be dispatched the same working day.
19.6 We reserve the right to use third party haulage companies to deliver Products.
19.7 The Customer is responsible for informing Wet Wall Works as to the nature of the delivery address road surface. Some surfaces (such as gravel or loose, uneven or sloping ground) is not suitable for a van or lorry. If the point of delivery is unsuitable for delivery by van or lorry and we are unable to make the delivery due to this, the Customer may be liable for additional delivery charges. If in the opinion of Wet Wall Works (including the driver) the ground or access over which delivery or unloading is required is unsuitable for safe passage Wet Wall Works may refuse to deliver or deliver to the nearest accessible point.
19.8 We shall be entitled to (a) deliver a completed Order in instalments and each instalment shall be deemed to constitute a separate contract and (b) supply only part of an Order. Order has been received by you (including collected by you), all risk of damage to, or loss of, the products shall pass to you.
19.9 Delivery dates are approximate only and not an essential term of the Agreement. Wet Wall Works shall have no liability in respect of delay in delivery to the Customer.
19.10 Notification of damage, delay or loss of Products in transit or of non-delivery must be given in writing to Wet Wall Works and the carrier within one clear day of delivery (or, in the case of non-delivery, within 7 days of notification of dispatch of the Products) and any claim in respect thereof must be made in writing to Wet Wall Works and the carrier within one clear day of delivery (or in the case of non-delivery, within 7 days of notification of dispatch). All other claims must be made in writing to Wet Wall Works within one days of delivery. Wet Wall Works shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as possible.
19.11 Should Wet Wall Works a) not receive delivery instructions or b) be unable through no fault of Wet Wall Works to effect delivery within 30 days after notification to the Customer that items are ready for dispatch, the Customer shall take delivery or arrange for storage. Should the Customer fail to take delivery or arrange for storage, we shall be entitled to arrange storage either at our own place of work or elsewhere on your behalf and all charges for storage and for insurance shall be payable by you.
19.12 In order to get the Products to you, from time to time the Products may be delivered to a neighbour or posted to you without a proof of delivery being signed. In this instance, the Customer accepts that Wet Wall Works will retain photographic evidence of the Product at the point of deliver and in the event the Customer requests a refund, the photographic evidence shall be deemed proof that the Product was delivered in good condition, Wet Wall Works being the sole arbiter of this issue.
19.13 The Customer shall indemnify Wet Wall Works in respect of any claim for loss or damage arising from unloading of the Products.
19.14 The customer must allow 48 hours for orders to be processed when they have chosen to collect from a store. We do advise customers to phone prior to arrival so not to be disappointed.
19.15 Once your delivery has left our warehouse we aren't in control of the time your delivery will occur. If you refuse your delivery due to the couriers time of delivery or if you do not want the item(s), the cost of the delivery to Wet Wall Works will be deducted from your refund even if you received "Free Delivery". Unless your item(s) were shipped on a double pallet, you stay in the highlands & Islands, live on one of the Channel Islands/Isle of Man/Isle of Scilly, then you will be deducted £29.95 for Scottish Deliveries and £39.95 for England and Wales.
20. Statutory Information
This website is owned and operated by:
Bathroom Elegance Ltd trading as Wet Wall Works, with its registered office at 30 Lynedoch Industrial Estate, Dellingburn Street, Greenock, PA15 4XA.
Email: websales@wetwallworks.co.uk
Website: www.wetwallworks.co.uk
Company Number SC137829
VAT Registration No. 617085442
21. General
21.1 Failure or delay by Wet Wall Works in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
21.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
21.3 We shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of your rights or obligations without our written consent.
21.4 The construction, validity and performance of this Agreement shall be governed by Scottish Law.
The Copyright is owned by Create Ts and Cs, www.createtsandcs.com. All content and materials is the sole property of the Create Ts and Cs. Create Ts and Cs, hereby grants Bathroom Elegance Ltd trading as Wet Wall Works a nonexclusive, non- transferable license to use and display, Create Ts and Cs-own both the content and materials solely in connection with the Works.