LUXURY FOR LESS LIMITED T/A soak.com:
TERMS AND CONDITIONS FOR THE SALE OF GOODS
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 soak.com (our site) to you. soak.com reserves the right, at any time, to modify, alter, or update these terms and conditions. Please read these terms and conditions carefully and make sure that you understand them, 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.
1. INFORMATION ABOUT US
1.1 we operate the website soak.com. We are Luxury for Less Limited trading as soak.com, a company registered in England and Wales under company number 8013835 and have our registered office and main trading address at Attlebourough House, Townsend Drive, Attlebourough fields ind est, Nuneaton CV11 6RU, United Kingdom . (address subject to change).
2. SERVICE AVAILABILITY
2.1 Our site is intended for use by people from all over the world and we do accept orders from individuals resident outside the United Kingdom, however delivery of our Products outside the United Kingdom is subject to the restrictions and limitations set out in Clause 6 below.
3. YOUR STATUS
By placing an order through our site, you warrant that:
a. you are legally capable of entering into binding contracts;
b. you are at least 18 years old;
c. The payment cards and account must have sufficient funds to cover the proposed payment to us.
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 dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. 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.
5. CANCELLATION RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time beginning on the date on which the Contract between us is formed and ending 14 days after you received the Products. 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 9 below).
5.2 To cancel a Contract, you must inform us either in writing or verbally. You must also return the Products to us as soon as reasonably practicable, and at your own cost. 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.
5.3 This provision does not affect your other statutory rights as a consumer.
OUR RETURNS POLICY
For defective products we will examine the returned product. 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 email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 14 days from the date we confirmed to you via email 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/liable for any costs of return or redelivered product that is not in the condition previously stated. Where it is deemed necessary for us to collect an item on your behalf we may charge a collection fee up to the maximum value of £149.95, which we would advise prior to collection of the item. We will refund your money on orders within 14 days of cancellation less any delivery cost as detailed.
REPLACEMENT OF PRODUCTS & PARTS
Should you require a replacement item or part(s), we will require a photograph of the damaged/faulty item highlighting the problem where possible to be forwarded to our Aftersales department via the following email address firstname.lastname@example.org. A response will normally be issued to you within 48 working hours. When a replacement item is removed and an additional cost is incurred by your professional fitter, we may ask for comparison quotations before work commences and we consider reimbursements of any costs. Any replacement products/part(s) that are despatched to destinations outside of mainland UK may incur additional delivery charges.
From time to time we may require additional photographs as our manufacturers may change designs/specifications of our products to ensure that we despatch the correct replacement part(s). Also from time to time we may not be able to provide a replacement part, in these circumstances we may need to replace your item with the nearest equivalent item from our then current range. To enable us to consider issuing a replacement item/part(s) we expect the item to have been properly maintained, cleaned and cared for. We do reserve the right to refuse replacement items/part(s) should we discover this is not the case. Any item which is found not to have been installed correctly under the terms of our warranty we reserve the right to refuse a replacement item to be issued free of charge.
6. AVAILABILITY AND DELIVERY
6.1 Availability of delivery of our Products is as specified on our site from time to time. We currently offer delivery of all our Products to all mainland UK destinations and delivery of our small items (showers, radiators and taps only) to destinations in eastern and western Europe. The availability of delivery of Products to your destination will be confirmed to you in the Dispatch Confirmation.
6.2 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 working days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. All non-mainland UK deliveries may be subject to an additional delivery charge and also may have delivery restrictions.
If we attempt delivery on an agreed delivery date and you are unavailable to receive the delivery and our couriers have not been informed of alternative arrangements, you may be subject to a further re-delivery charge. For UK orders, a map of the UK which will give you the minimum delivery charge for your postcode (provided at time of placing the order) can be found under the section delivery prices.
We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. We recommend that you do not confirm the start date with your installer until you have received and checked your delivery. If you do not check your delivery is correct before installation starts we will not accept liability for any additional costs that you incur while any product issues are resolved. 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. If however, in the unlikely event that you receive a damaged product or the packaging is damaged, it is your responsibility to report this information to us within 14 working days from receipt of the product and before any installation work is undertaken. We will then deal with the product in accordance with our returns policy for defective products. Once you receive your delivery it should be checked immediately for any damage, missing items to enable you to sign for the delivery accordingly. If however, on opening the packaging you discover you have received a damaged product, it is the customer's responsibility to report this information within 14 working days from receipt of the product. For larger items (normally deliveries on pallets) we aim to deliver the product(s) to you at the kerb-side at the nearest access point for the delivery vehicle. You must arrange for the transport of the product from the kerb-side once it has been unloaded from the delivery vehicle. Alternative delivery options are available on request and may be subject to an additional delivery charge. It is the customer's responsibility to dispose of the empty wooden pallet and any packaging.
7. RISK AND TITLE
7.1 The Products will be your responsibility from the time of delivery.
7.2 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.
DESCRIPTION OF GOODS
All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. All specifications given to the customer are approximate and intended as a guide only. We always endeavour to ensure all product descriptions are correct, but advise customers to seek technical advice from qualified sources prior to ordering products and any work to be carried out. Whilst we make every effort to reproduce the colours of the products correctly slight variations may occur during the print and photography process.
Please note that certain products such as bathroom furniture may need some alteration to suit specific requirements, such as pipe work, space constraints and designs. Any such alterations are carried out at the customers own risk, and as such the product guarantees may be rendered invalid.
8. PRICE AND PAYMENT
8.1 The price of the Products and our delivery charges will be as quoted on our site, except in cases of obvious error.
8.2 Product prices include VAT.
8.3 Product prices and delivery charges 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.
8.4 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 may at our discretion make a refund to you of the difference in price when dispatching the Product to you. If a Product's 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.
8.5 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 an error.
8.6 Payment for all Products must be by credit or debit card either direct via our website or through Paypal. We will charge your credit or debit card, direct or via Paypal, upon receipt of your order. In the event that we do not accept your order and are unable to dispatch the Products to you the price will be refunded to the credit or debit card from which payment was taken or if paid through Paypal the price will be refunded to your Paypal account. We also offer an EasyFinance scheme under which you have the option to apply for Finance by following our EasyFinance online application process. Please refer to our separate EasyFinance Terms and Conditions for more information about EasyFinance. We may consider price matching providing the following conditions are satisfies: -
a. Delivery charge
d. Product description
e. Product specifications
9. OUR REFUNDS POLICY
9.1 If you return a Product to us:
a. Because you have cancelled the Contract between us within the 14-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
b. for any other reason (for instance, because you have notified us in accordance with clause 14 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider 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 14 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.2 If you are returning an item which forms part of a set, you will be refunded the value of that item at the time of its return to us. We will not pre-advise the expected refundable amount.
9.3 We will refund any money received from you using the same method originally used by you to pay for your purchase.
9.4 OUR EXCHANGE POLICY
In addition to our 14 day return policy, we also offer an exchange policy up to 365 days after purchase. This offer is valid provided that:
The item has not been used or installed
It is returned in its original packaging, suitable for resale
The new item must be the same value or greater than the item being exchanged.
Electric items must be unopened (no seals broken) in the original packaging
Please note: the cost for collection of the old item, and delivery of the new item is at the customer's expense.
We warrant to you that any Product purchased from us through our site will, on delivery and, except for the bulbs in our LED products, shower hoses, toilet seats, cistern fittings, all cartridges and hinges, for a further period of 10 years from the date of delivery (warranty period) conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11. OUR LIABILITY
11.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
11.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
However, this clause 11.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.2.
11.3 Nothing in this agreement excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.4 a) 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 0.1, or your plumber or installer should reasonably be expected to discover and therefore become aware of any such defect upon inspection, then if planned installation proceeds we will not be responsible for any costs of reinstallation, incurred by you or your or other installer, which you may subsequently claim to have been necessary as a result of the defect.
b) 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.
c) In the unlikely event of damage or injury as a result of our product, such claims for costs will be dealt with by an independent assessor appointed by ourselves. The assessor will investigate the claim and advise all parties concerned accordingly. All instances must be reported within 14 days following the incident.
We will replace at our discretion, in part or whole, a product which is defective in operation, materials or workmanship. If the exact model is no longer available, we will endeavour to provide the nearest equivalent from our then current range. To be covered by the guarantee, all products should be installed in accordance with the instructions provided and be for domestic use only. This product guarantee applies to the original purchaser or end user, is non-transferable and takes effect from the date of purchase. The guarantee does not cover damage during fitting, accidental or malicious damage, improper use or negligence, discolouration due to prolonged exposure to sunlight or UV light, general wear and tear (e.g. light bulbs, hinges, cartridges and shower hoses are items that do need to be replaced periodically), damage due to poor installation or servicing or consequential loss. Shower hoses, all cartridges, LED lights, all hinges, toilet seats and cistern fittings are guaranteed for a period of 12 months from the date of purchase. Care should be taken in hard water areas to ensure that cartridges are regularly cleaned. Care should be taken with shower door seals and shower door runners to ensure they are kept clean and well maintained to enable them to function correctly.
Please note we advise use of mild cleaning products (i.e. soap and water) on all our products. Strong and abrasive cleaning solutions are not recommended as failure to follow this may result in the warranty becoming invalid.
Please keep a copy of your original invoice or receipt to refer to in the event of any claim.
Our guarantee is in addition to your statutory rights, and does not affect your statutory rights.
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
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.
OFFERS & COMPETITIONS
Voucher codes cannot be used in conjunction with any other offer or promotional code. Voucher code entitles you, at the time of ordering, to a saving from soak.com. soak.com reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed. Promotion codes are only valid owhile stocks last and may be withdrawn at any time. Only one promotion code can be used per order. Free delivery offer applies to orders over £399 for UK mainland address only (excludes Scottish Highlands & Islands). Soak.com's general terms & conditions still apply. soak.com reserserves the right to change these Terms & Conditions at any time.
DISCLAIMER AND LIMITATIONS
soak.com is a retailer and therefore we are not technical experts in the field of heating, plumbing or bathroom installation. All soak.com staff are instructed not to give a form of technical advice. If you have a technical query it should be directed to a suitably qualified professional, I.E. A Corgi registered gas installer or a member of the institute of plumbing. You agree that any advice given by a member of Soak.com will not be relied upon without verification with a suitably qualified professional. soak.com accepts no responsibility for any damage caused by your reliance on any such advice.
The quantity of stock shown on the website for each item is automatically updated periodically, but should be used as a guide only, and it does not guarantee that stock can be allocated to an order. Whilst soak.com will make every effort to ensure the quantity shown is accurate, we cannot be held liable for any errors that may occur from time to time with regard to stock availability. Customers will be advised of any shortages by our call centre.
All notices given by you to us must be given to Luxury for Less Limited t/a soak.com at Attlebourough House, Townsend Drive, Attlebourough fields ind est, Nuneaton CV11 6RU, United Kingdom . 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 assignees.
15.2 You may transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, provided that you give us written notice of such transfer, assignment, charge or disposal.
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:
- 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 public or private telecommunications networks; and
- 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, 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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
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 Where you are contracting with us in the course of business, these terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause limits or excludes any liability for fraud.
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.
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 14 working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. European Online Dispute Resolution platform
In the event that you have spoken to our customer services team about soak.com goods or services and you still feel you have an issue or dispute regarding these, you can use the online dispute resolution (ODR) platform created by the EU Commission which allows consumers to submit their complaint through a central site by clicking on this link.
- Take & fulfil customer orders
- Administer & enhance the site & services
- Only disclose information to third parties for goods delivery purposes.
DISCLOSURE & COOKIES
soak.com does not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.