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 ("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.
By clicking on the confirm order button at checkout you are agreeing to our terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
1.1 is a site operated by Blue Ink Holdings Limited ("we"). We are registered in England and Wales under company number 09618998 and with our registered office and trading address at Kitts End Farm, Kitts end Road, Barnet, Herts, EN5 4RL.
2. Service availability
2.1 Our site is only intended for use by people resident in the Serviced Countries in the drop down list on the checkout page. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries.
3. Your status
3.1 By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old;
3.1.3 You are resident in one of the Serviced Countries; and
3.1.4 You are accessing our site from that country.
4. How the contract is formed between you and us
4.1 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, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been processed. The contract between us ("Contract") will only be formed when we send you the Despatch Confirmation.
5. Our status
5.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. Consumer rights
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days if the item is faulty. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below). We are unable to offer refunds for a change of mind once an order has been processed.
6.2 To cancel a contract, you must inform us in writing either by email on firstname.lastname@example.org or to our trading address, you must keep a record of this email. Please send your completed returns form back with the delivery. If you send a return to us without a returns form you will pay a 12 administration fee to cover the extra work involved in processing your return. Orders cannot be cancelled once the order has been given to our warehouse for picking and packing. If you no longer require the goods that have entered our warehouse system you will have to return them under our Returns Policy (Clause 10 below). Please note that if you return the goods within 7 days in accordance with the Distance Selling Regulations then no restocking charge will be made.
6.3 You must also return the Product(s) 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. We are unable to refund/exchange Special Order items.
6.4 This provision does not affect your statutory rights.
7. Availability and delivery
7.1 Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Despatch Confirmation, unless there are exceptional circumstances. Generally, despatch is 4 working days from receipt of the order.
7.2 If you refuse a delivery of an item you will be charged for the return and the redelivery of those items by way of a restocking charge, please follow our returns policy if you would like to return or exchange an item.
7.3 A claim by you which is based on any defect in the quality or condition of the products or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to us within 72 hours from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.
7.4 Shortages should be reported within a reasonable time of delivery and no later than 7 days from receipt of the goods.
8. Risk and title
8.1 The Products will be at your risk from the time of delivery.
8.2 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.
9. Price and payment
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT. Delivery information is set out in our Delivery Information guide.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
9.4 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. We will normally verify prices as part of our dispatch procedures so that, 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 Products correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products must be by credit, debit card and cheque. We accept payment with [Visa, Mastercard, Maestro, Delta, Electron].
10. Our refunds policy
10.1 If you change your mind about the product you must return the item within 30 days of delivery with a completed returns form. Further information can be found under our Returns guide. When you return a Product to us:
10.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), 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. In this case, we will refund the price of the Product in full, excluding any postage or package costs. You will be responsible for the cost of returning the item to us.
10.1.2 for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), 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 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.
10.1.3 Refund/exchange of toilet seats is only applicable if the protective film has not been removed from the item.
10.1.4 Returns must be made and confirmed via email. We will email you a returns form that you complete and must be sent with a valid claim authorisation number, please email email@example.com. We recommend sending returned products in a secure method depending on the returning item and take out any carrier insurance if available.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. Our liability
11.1 Subject to the following provisions, we warrant that the Products will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 12 months from delivery, whichever is the first to expire.
11.2 The above warranty is given by us subject to the following conditions:
11.2.1 we shall be under no liability in respect of any defect in the Products arising from any drawing, design or specification supplied by you;
11.2.2 we shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in Writing), misuse or alteration or repair of the Products without our approval;
11.2.3 we shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid by the due date for payment;
11.2.4 the above warranty does not extend to parts, materials or equipment not manufactured by us, in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us.
11.3 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 the kind are commonly supplied.
11.4 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.
11.5 This does not include or limit in any way our liability:
11.5.1 For death or personal injury caused by our negligence;
11.5.2 Under section 2(3) of the Consumer Protection Act 1987;
11.5.3 For fraud or fraudulent misrepresentation; or
11.5.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.6 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, including but not limited to:
11.6.1 loss of income or revenue
11.6.2 loss of business
11.6.3 loss of profits or contracts
11.6.4 loss of anticipated savings
11.6.5 loss of data
11.6.6 loss of data, or
11.6.7 waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12. Import duty
12.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. Written communications
13.1 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 to Blue Ink Holdings Limited at Kitts end Farm, Kitts end Road, Barnet, Herts, EN5 4RL or firstname.lastname@example.org. 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:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.2.6 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, 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.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 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 14 above.
18.1 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 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.
19.2 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.
19.3 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 partys only remedy shall be for breach of contract as provided in these terms and conditions.
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.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and jurisdiction
21.1 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.
22. Product Guarantee
22.1 All Splashdirect own brand products (infinity, Aqua Ceramics and Aqua Mirrors) carry lifetime guarantees covering all manufacturing defaults. The guarantee does not cover damage during fitting, misuse or wear and tear. The guarantee is only available to the original purchaser. This guarantee covers normal use; it does not cover faults caused by incorrect installation, wilful damage, neglect, misuse, modification, inappropriate cleaning and accidental damage.
22.2 The guarantee is only valid for products purchased, installed and used in the United Kingdom. Cistern fittings, tap cartridges, toilet seat fittings, seals and electrical components carry a 12 month guarantee. Please note lamps are not covered under the guarantee period.
22.3 Splashdirect cannot be held liable for any reinstallation costs, replacement costs or maintenance charges relating to the replacement of products or spare parts.
23. Description of Goods
23.1 All product descriptions, images and specifications are for the sole purpose of giving an approximate description of the goods and are therefore intended as a guide only. Dimensions of products are subject to an acceptable tolerance, the level of tolerance will depend on the type and nature of material of the product. We recommend that installation is not commenced until the product is received. We accept no responsibility for preparation work carried out that is based on information and/or specifications provided.
24. Checking Deliveries For Shortage
24.1 You agree to examine the delivery and report any missing items within 72 hours of delivery. We will not accept liability for any shortages if they are not reported within this period.
25. Checking Goods For Carrier Damage
25.1 For all deliveries that arrive with carriers please inspect the goods as soon as possible after the delivery to ensure they are as per your order and report any damages within 72 hours. Any delay in reporting problems to us could affect your right to a refund.