Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.lilybain.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.x
1. Information About Us
1.1 The website www.lilybain.com is a site operated by Lily Bain Bathrooms & Tiles Ltd. We are registered in Northern Ireland, with our registered office address at Units 2 & 3 Mountview Business Park, Newry, Co. Down, Northern Ireland, BT34 1GY.
2. Your Status
By placing an order through our site, you warrant that:
1. You are legally capable of entering into binding contracts; and
2. You are at least 18 years old;
3. You are resident in the UK or ROI; and
4. You are accessing our site from the UK or ROI
3. How The Contract Is Formed Between You And Us
3.1 After placing an order, you will receive an e-mail from us 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 us to buy a Product. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when we dispatch your items.
3.2 The Contract will relate only to those Products we dispatch to you. We will not be obliged to supply any other Products which may have been part of your order until those Products become available to us for dispatch.
4. Consumer Rights
4.1 If you are contracting as a consumer, then subject to clause 4.3, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, and in accordance with our returns policy (set out in clauses 9 & 10 below) you will receive a full refund of the price paid for the Products, but you will be responsible for the cost of returning the Products to us.
4.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us 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, we may have a right of action against you for compensation.
4.3 You will not have any right to cancel a Contract for the supply of any Products:
1. i) that have been custom made to suit your specifications;
2. ii) which by reason of their nature cannot be returned;
4.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights as a consumer.
5. Availability And Delivery
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5.2 For palletised deliveries, the goods will be delivered as close as possible to your front door. If this location is unreachable for any reason, such as being located on a narrow street, up a flight of stairs (such as flats), or due to any other obstruction, delivery will be made to as near to your property as possible.
5.3 For palletised deliveries, the driver is NOT insured to take the goods inside your property. The pallet will be delivered to a location as stated in clause 5.2, and it is strongly recommended that at least two able bodied persons are available to receive the delivery and carry the goods inside.
6. Risk And Title
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price And Payment
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Options page. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes place.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. Where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
7.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, Visa Delta, Switch and Maestro. Payment will be debited at time of order through the Sagepay or similar payment system we employ to process payments.
8. Quality Control
8.1 Before any of our products are loaded onto our delivery vehicles and leave our premises to be delivered to you, we undertake a quality control check which consists of a visual examination of the Product and preparation of a Quality Control Report.
8.2 In the unlikely event that you or your servant or agent (including plumber or other installer) discover a defect upon taking delivery of a Product, then notwithstanding your rights under clause 9.1b below, we require that you notify us as soon as possible, and in any event no later than 7 days of the date of delivery (or such longer period as we may, in our absolute discretion, otherwise agree to), and before any installation work is undertaken. We will then deal with the Product in accordance with our returns policy for defective products under clause 9.1b below.
9. Our Returns Policy
9.1 Returns will be accepted in the following circumstances;
1. a. for Products returned within the seven-day cooling-off period referred to in clause 4, we will 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 and, where practicable, in their original packaging. In this case, we will refund the price of the Product (less any admin charges we deem applicable) but you will be responsible for the cost of returning the item to us and if you return it at our expense we are entitled to charge you such expense, which shall be a maximum of the charge payable by us to our courier.
2. b. for defective products we will examine the returned Product together with the Quality Control Report (as detailed at clause 8). Products returned by you because of a defect not caused by you or your servant or agent (including plumber or other installer) 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. If, after examination, we find the returned Product to be defective due to a defect not caused by you or your servant or agent (including plumber or other installer) we will notify you in relation to your refund via e-mail within a reasonable period of time. We will usually process any 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. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. If upon return, the damaged products have been modified or have undergone any attempted installation, you may be responsible and liable for any costs of return or re-delivered product that is not in the condition previously stated.
3. c. for Products that are not defective or that you wish to return outside of the seven-day cooling off period referred to in clause 4, they must be returned to us within 60 days from the date of delivery. Products must be returned to us, in unused condition and, where practicable, with original packaging, at your own cost, to reach us within the 60 day period. The Products must also be returned to us in accordance with the Returns Process set out in clause 10. We will then provide you with the opportunity to choose a replacement product, for the same purchase price as the returned product, or issue you with a voucher for the price of the returned product.
10. Returns Process
Please note to ensure that we can help you, you will need your order number that was provided when you placed your order.
Organizing A Return?
To organize a return you must first get authorisation from our customer service team. Customer Services will send you a returns form and ID number, allowing you to return the goods without complication. Please note: These conditions do not affect your statutory rights relating to faulty or incorrectly described goods. For further information about your statutory rights contact your local authority's Trading Standards Department or a Citizens Advice Bureau.
11. Our Liability
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.
11.2 The provisions in clause 11.3 shall only apply if you are contracting as a business and not as a consumer.
11.3 Subject to clause 11.6:
1. a. we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
2. b. our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products you have purchased.
Returns Process (Continued) ;
11.4 If you intend to install a Product you have purchased from us through a plumber or other installer and, prior to the installation, you are aware of a defect as referred to under clause 8.2, or your plumber or installer should reasonably be expected to discover and therefore become aware of any such defect upon inspection, then if the planned installation proceeds we will not be responsible for any costs of reinstallation, incurred by you or your plumber or other installer, which you may subsequently claim to have been necessary as a result of the defect.
11.5 In the event of us agreeing to reimburse you for the costs of reinstallation (for instance, if we determine that the Product in question was defective when installed but such defect may not have been clearly apparent to you or your plumber or other installer) then such reimbursement is limited to your plumber or other installer’s reasonable costs, which may be determined with reference to normal industry levels at the time in question.
11.6 Nothing in these terms and conditions shall limit or exclude our liability for:
a. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b. fraud or fraudulent misrepresentation;
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
d. defective products under the Consumer Protection Act 1987; or
e. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
12. Access To lilybain.com
We will do our utmost to ensure that availability of our site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.
13. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us 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 we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14.1 All notices given by you to us must be given (by letter) to Lily Bain Bathrooms & Tiles, at Units 2 & 3 Mountview Business Park, Newry, Co. Down, Northern Ireland, BT34 1GY or (by email) to [email protected]. 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 13 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.
15. Transfer Of Rights And Obligations
15.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 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.
15.3 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.
16. Events Outside Our Control
16.1 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).
16.2 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:
a. Strikes, lock-outs or other industrial action.
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e. Impossibility of the use of public or private telecommunications networks.
f. The acts, decrees, legislation, regulations or restrictions of any government.
16.3 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.
17.1 If we fail or delay, at any time during the term of a Contract, to insist upon strict performance by you of any of your obligations this does not mean we have given up our rights and we may still require you to comply with your obligations under the Contract.
17.2 If we forgive (in writing) any particular default by you of your obligations under a Contract, that does not forgive any subsequent default by you.
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 permitted by law.
19. Entire Agreement
19.1 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20. Our Right To Vary These Terms And Conditions
20.1 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.
21. 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 Northern Ireland.