1. Definitions
Goods means the supply of products or such other goods which
the Buyer agrees to buy from MyTub
Price means the price for the goods excluding delivery
Seller means MyTub Limited (“MyTub”)
Conditions of supply all contracts for the sale of goods
by the Seller
Buyer Yourself
2. Conditions applicable
2.1 These Conditions shall apply to all
contracts for the sale of Goods by MyTub to the Buyer to the
exclusion of all other terms and conditions including any
terms or conditions which the Buyer may purport to apply under
any purchase order confirmation of order or similar document.
These conditions will prevail over any other information supplied
to the Buyer or displayed on our website.
2.2 All orders for Goods shall be deemed
to be an offer by the Buyer to purchase Goods pursuant to
these conditions.
2.3 The contract for sale of the Goods shall
not be concluded until MyTub has confirmed the order to the
Buyer.
2.4 Acceptance of delivery/collection of
the Goods shall be deemed conclusive evidence of the Buyer’s
acceptance of these conditions.
2.5 Any variation to these conditions (including
any special terms and conditions agreed between the parties)
shall be inapplicable unless agreed in writing by MyTub.
2.6 If the Buyer purchases Goods designated in writing to the Buyer as a special or made to order Goods, the Buyer understands that the Goods are obtained by the Seller on a Non-Cancelable/Non-Returnable basis; therefore, your purchase of Goods designated as special or made to order are Non-Cancelable/Non-Returnable.
3. The Price and payment
3.1 The price shall be the price set out
in the order for the Goods.
3.2 Payment of the Price shall be due with
the order.
3.3 Interest on overdue invoices shall accrue
from the date when payment becomes due from day to day until
the date of payment at a rate of 2% above HSBC Bank Plc.’s
base rate from time to time in force and shall accrue at such
a rate after as well as before any Judgment.
4. The Goods
4.1 The quantity and description of the
Goods shall be as set out in the Order.
4.2 MyTub may from time to time make changes
in the specification of the Goods
which are required to comply with any applicable safety or
statutory requirements or which do not materially affect the
quality or fitness for purpose of the Goods. Also, MyTub do
not warrant that the colour of the Goods will exactly match
the colour shown on the website.
5. Warranties and liability
MyTub warrants that the Goods will at the time of delivery/collection
correspond to the description given by the Seller (subject
to the terms of clause 4.2).
6. Delivery of the Goods
The Buyer shall make all necessary arrangements to take delivery/collection
of the Goods whenever they are tendered for delivery/collection
unless MyTub has agreed to arrange for delivery.
7. Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted
Goods 24 hours after collection by delivery to the Buyer (unless
the Buyer is a Buyer defined in condition 11).
7.2 After acceptance the Buyer shall not
be entitled to reject Goods which are not in accordance with
the contract.
8. Title and Risk
8.1 Title shall pass on delivery/collection
of the Goods.
8.2 Risk shall pass on delivery/collection
of the Goods.
9. Remedies of Buyer
9.1 Where the Buyer rejects (where the Buyer
is entitled to reject the Goods) any Goods then the Buyer
shall have no further rights whatever in respect of the supply
to the Buyer of such Goods or the failure by MyTub to supply
Goods which conform to the contract of sale.
9.2 Where the Buyer accepts or has been
deemed to have accepted any Goods then MyTub shall have no
liability whatever to the Buyer in respect of those Goods.
9.3 MyTub shall not be liable to the Buyer
for late delivery of the Goods.
9.4 MyTub shall be under no liability whatever
to the Buyer for any indirect loss and/or expense (including
loss of profit) suffered by the Buyer arising out of a breach
by MyTub of this contract.
9.5 In the event of any breach of this contract
by MyTub the remedies of the Buyer shall be limited to damages.
Under no circumstances shall the liability of MyTub exceed
the Price of the Goods.
10. Supply of Goods only
10.1 The Buyer acknowledges that MyTub is
simply a supplier of Goods and any installation or fitting
of the Goods is the sole responsibility of the Buyer.
11. The Consumer Protection (Distance Selling) Regulations
2000 (“the Regulations”)
11.1 If the Buyer is a consumer within the
meaning of the Regulations the following cooling off provision
applies.
11.2 Goods delivered must be cancelled in
writing within 14 calendar days after the receipt. The Buyer
will be liable to reimburse us the direct cost of recovering
the goods if you cancel the order. The Buyer would then be
refunded the value of the order less the direct cost of our
recovering the goods. Please note the cost of recovering the
goods will not exceed 25% of the gross value of your order
but the exact cost will depend upon the nature of the goods
and your location.
12. Proper Law of Contract
Sales on this website are governed by English law and you
agree to submit any dispute to the non-exclusive jurisdiction
of the English courts. All orders are subject to these terms
and conditions and no amendments will be accepted by us. These
terms and conditions do not affect your legal rights.
These terms and conditions only cover the MyTub Ltd web site.
Any other web sites to which you link from this site may be
governed by their own terms and conditions. We accept no responsibility
or liability for the content of web sites which are not under
our control.
13. Trademark and copyright
"MyTub" is a registered trademark of "MyTub
ltd ", and its subsidiaries (collectively "MyTub
ltd") in the UK. "MyTub's" graphics, logos,
page headers, button icons, scripts and service names are
the trademarks or trade dress of "MyTub". "MyTub's"
trademarks and trade dress may not be used in connection with
any product or service that is not "MyTub's", in
any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits "MyTub"
and not without writen permission from MyTub ltd. All other
trademarks, logo's or slogans not owned by "MyTub"
that appear on this website are the property of their respective
owners, who may or may not be affiliated with, connected to,
or sponsored by "MyTub".
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