Terms & Conditions – Bathroom Supply Only
1. Introduction
We value your custom, and our aim is always to provide you with the very best service that is
possible. As a member of the KBSA we are stringently vetted by the association to ensure that
we meet their standards for being a reputable industry supplier.
We would like to explain our terms and conditions to you before you enter a contract with us and
we have made them as straightforward as we can, bearing in mind that the design and supply of
a kitchen, bathroom or bedroom can be a complicated process and we want you to be fully
aware of the commitment that we are both making to the contract.
If you have any problem that we as the supplier cannot resolve, our membership of the KBSA
gives both of us an independent mediation and/or expert witness service that can be accessed
(please be aware that there is a charge for this service).
You may wish to visit the Kbsa website www.kbsa.org.uk to verify our membership status.
What follows are our terms and conditions for the design and supply of a bathroom and they
form the basis of the contractual relationship between us and you.
2. What these terms cover and why you should read them
These are the terms and conditions on which we will supply the items set out in our Contract
Schedule (referred to in these terms and conditions as the “products”). In these terms and
conditions, we, us, and our means Two Guy Kitchens Limited (Company No 4702608) whose
registered office is at Armstrong Road, Daneshill East, Basingstoke, Hampshire, RG24 8NU and
the person purchasing the bathroom is referred to as you and your.
Please read these terms carefully before you submit your order to us. These terms tell you who
we are, how we will provide this service to you, how you and we may change or end the
contract, what to do if there is a problem and other important information. If you think that there
is a mistake in these terms please contact us to discuss.
3. Information about us and how to contact us
3.1 Who we are. We are Two Guy Kitchens Limited a company registered in
England and Wales. Our company registration number is 4702608 and our registered
office is at Armstrong Road, Daneshill East, Basingstoke, Hampshire, RG24 8NU. Our
registered VAT number is 709086720. Our Kbsa Membership No. is 6/2454/R-FU
3.2 How to contact us. You can contact us by telephoning our customer service
team at 01256 363 123 or by writing to us at enquiries@twoguys.co.uk or Armstrong
Road, Daneshill East, Basingstoke, Hampshire, RG24 8NU.
3.3 How we may contact you. If we have to contact you, we will do so by
telephone or by writing to you at the email address or postal address you provided to us
in your order.
3.4 “Writing” includes emails. When we use the words “writing” or “written” in
these terms, this includes emails.
4. How our contract with you is formed
4.1 Draft Plan. We will design or draw a preliminary plan for the products on the
basis of information given by you. We may include in this information an idea of
approximate total costing (“Draft Plan”).
4.2 First Survey. If there is then an agreement in principle to pursue the Draft
Plan, we will visit the site where you intend the products to be installed to conduct a first
survey and produce a more detailed plan and specification (“Specification”).
4.3 Specification. Following the First Survey, you will be given a copy of the
Specification for you to retain. The Specification forms part of the contract.
4.4 Contract Schedule. We will issue you with a formal Contract Schedule
including the Specification and costings which may include an initial payment. This would
also include plans and drawings and these terms and conditions (the “Contract
Schedule”).
4.5 Our Terms Prevail. These terms and conditions shall apply to all contracts for
the design, sale and supply of the products by us to you to the exclusion of all other
terms and conditions, including any terms or conditions which you may purport to apply
under any purchase order, confirmation of order or similar document subject to your
statutory rights.
4.6 Signature evidence of Acceptance. All orders that you place with us for the
products shall be deemed to be an offer by you to purchase these items pursuant to
these terms and conditions. Your signature on the Contract Schedule shall be deemed
conclusive evidence of your acceptance of these terms and conditions.
4.7 Variations. Any variation to these terms and conditions (including any special
terms and conditions agreed between the parties) shall be inapplicable unless we agree
to the changes in writing.
4.8 Note. For clarity the drawing and specification sheet included in the [Contract
Schedule] forms part of the contract. You will be deemed to understand and accept all
the details contained in the Specification.
4.9 When is the contract formed? Your acceptance of the order will take place
when you sign the contract schedule to confirm the initial payment and acceptance of the
specifications drawn up between us, at which point a contract will come into existence
between you and us.
4.10 If we cannot accept your order. If we are unable to accept your order, we will
inform you of this in writing and will not charge you for the service. This might be because
the items are out of stock, because of unexpected limits on our resources which we could
not reasonably plan for, because we have identified an error in the price or description of
the products, because we are unable to meet a delivery deadline you have specified, or
due to an adverse survey, inability to secure planning permission, the site being a listed
building or other restrictions.
4.11 Your order number. We will assign an order number to your order in the
quotation given to you. It will help us if you can tell us the quotation number or your
surname whenever you contact us about your order.
5. Price increases
5.1 Our Contract Schedule is based on our prices at the time of the contract.
If there is a price increase to us before delivery of the Products then we reserve
the right to increase our contract price to you if delivery of the products is more
than 6 weeks from date of contract.
5.2 We will advise you of this increase and you will have the right to cancel the
contract and be entitled to a refund of any prepayments less our reasonable costs for the
production of the Specification.
6. Our plans and designs
6.1 The plans and designs used to prepare Contract Schedules belong to us
until such time as you pay the final balance for the contract.
6.2 You may not reproduce either totally or in part any of our plans or designs
without our written consent.
6.3 The plans and designs are for guidance purposes only. If computer aided
design is used then this is subject to additional visual differences or additional colour
variations.
7. Risk in and ownership of the products
7.1 When you become responsible for the products. The products will be your
responsibility from the time we deliver the products to the address you gave us.
7.2 When you own the products. You own the products once we have received
payment in full.
7.3 Our right to repossess the products. Until you become the owner of the
products you shall (i) hold the products and each item of them on trust for us and for our
benefit (ii) store the products (at no cost to us) separately from all other products in your
possession and marked in such a way that they are clearly identified as our property and
(iii)) upon request, deliver up such of the products as we may require (and if you fail to do
so, then we may enter upon any premises, owned, occupied or controlled by you where
the products are situated and repossess the products).
8. Product specification variation
8.1 We rely on the information supplied in the manufacturer’s literature and where
there is a variation to the specification of products featured, we will advise you of this at
the point of purchase.
WE DRAW YOUR ATTENTION TO THE FOLLOWING
8.2 Due to the naturally sourced products used, variations in colour and
grain may occur which are beyond our control; such variations will not entitle you
to terminate the contract, refuse to pay the full contract price, or claim
compensation.
9. Payment
9.1 Your Deposit
9.1.1 We will require you to pay a deposit as a 25% of the total price for the
products when you place an order for the products with us. The amount required
will be stated in our Contract Schedule.
9.1.2 We participate in one of the KBSA Consumer Protection Schemes
(Consumer Care of Consumer Plus).
9.1.3 Our membership criteria states that as a member we must not ask for
more than a 25% deposit ensuring that customers are covered by Consumer Care
or Consumer Care Plus. This means that deposits up to a maximum of 25% of the
total contract price are covered by the scheme. Full details are available on the
website www.kbsa.org.uk.
9.1.4 If you pay more than a 25% deposit you will no longer benefit from the
protection of the Kbsa Consumer Protection Scheme.
9.2 The Balance
9.2.1 We will invoice you for the balance of the price for the products which
shall be due and payable and received in cleared funds no later than 21 days prior
to delivery (“Pre-Delivery Balance”).
9.2.2 When payment is due if you delay delivery. It is your responsibility to
make sure payment of the Pre-Delivery Balance is made on or before its due date.
If you delay the delivery date or do not accept the products for any reason on or
before the delivery date, then the due date for payment of the Pre-Delivery
Balance will remain no later than 7 days prior to the original delivery date.
9.2.3 VAT. VAT is chargeable at the prevailing rate applicable at the time of
the supply of the products and invoice. Should the law at any time change in
relation to VAT or in the event of HM Customs and Excise ruling that VAT is
chargeable on items we zero rated on your order, we reserve the right to collect
the VAT due from you at any subsequent date.
9.3 We can charge interest if you pay late. If you do not make any payment
to us by the due date, we may charge interest to you on the overdue amount at the
rate of 8% a year above the base lending rate of Barclays Bank plc from time to time.
This interest shall accrue on a daily basis from the due date until the date of actual
payment of the overdue amount, whether before or after judgment. You must pay us
interest together with any overdue amount.
9.4 What payment methods you can use. Our preferred methods of payment
are by Debit Card, cheque with cleared funds or via BACS to Bank (please see invoice
for details)
9.5 Your liability for payment. You will, by your signature on the Contract,
accept liability for payment for the products. Any third party whom we on your instructions
invoice for the products will be deemed to be acting as your agent and you should draw
their attention to this Contract.
10. Delivery
WE DRAW YOUR ATTENTION TO THE FOLLOWING
10.1 What happens if there are delays beyond our control? We will make every
effort to ensure that delivery dates are adhered to but if there are delays beyond our
reasonable control, then we will advise you and agree revised dates. We will not be liable
for any damages, loss, costs or expenses arising as a result of any delays occasioned by
the non-arrival of any item comprised within the products, including without limitation any
parts or replacement parts.
10.2 What happens if items are damaged? If any items are damaged then we will
replace them free of charge as long as we are advised of the damage within 3 days of
the delivery and the damage is caused by our act or omission. Some replacement items
may be subject to delay if they have been specially ordered or commissioned for the
contract. If you give reasonable notice that you are unable to commit to the agreed
delivery schedule for the replacement items then we may store the replacement items at
our premises and charge you for storage.
10.3 What must I do to make the site suitable for delivery of the products? It is
your responsibility to make fit, available and safe for work and use (i) the site of delivery
of the products (work area); (ii) all means of access to and from the work area; and (iii) all
services and utilities to the work area, in order to enable us to carry out the delivery of the
products both safely and efficiently and in a timely fashion. If you fail or delay to do so,
then we in our discretion are entitled to defer such delivery date until that state is
achieved in and around the work area. For the avoidance of doubt this shall include: (a)
Insurance Cover against fire/flood/theft/malicious damage etc. for materials on site during
delivery; (b) Parking, on or in the immediate vicinity of site, for at least one tradesman’s
van must be available at all times throughout the duration of delivery. Where parking
permits are required you must ensure that permits are obtained and prepaid if necessary.
10.4 Our Access Rights. You authorise and permit all our representatives, and/or
sub contractors, to have full and free access to your work area at mutually agreed times
so that we/they can carry out or arrange to be carried out such surveys and/or works as
we/ they consider reasonably necessary.
10.5 We may also suspend delivery of the products if you do not pay. If you do not
pay us for the products when you are supposed to and you still do not make payment
within 10 days of us reminding you that payment is due, we may suspend supply of the
products until you have paid us the outstanding amounts. We will contact you to tell you
we are suspending supply of the products. We will not suspend the products where you
in good faith and acting reasonably dispute the unpaid invoice. As well as suspending the
delivery of the products we can also charge you interest on your overdue payments. You
will not have a right to a refund or replacement in this circumstance.
10.6 What happens if you suspend delivery of the products
10.6.1 If you suspend delivery of the products, we will have the right to
charge for any of the additional storage costs that we incur as a result.
10.6.2 If the delay in accepting delivery of the products continues for
more than one month’s full payment for the products will become due
immediately.
11. Warranties
11.1 Manufacturer’s Warranty. Warranties will depend on the products supplied
under the contract and will be advised to you at the time of contract. Particularly any
electrical or gas appliances will be covered by the manufacturer’s warranty. Any
guarantees confirmed by us will be dependent on (i) your full payment of the purchase
price for the product to which the guarantee relates; and (ii) compliance with any
notification or registration requirements required by the manufacturer of the relevant
product.
11.2 Statutory Rights. Nothing in these conditions will reduce your statutory rights
relating to faulty or mis-described goods or workmanship. For further information about
your statutory rights contact your local authority Trading Standards Department or
Citizens Advice Bureau.
WE DRAW YOUR ATTENTION TO YOUR RIGHTS BELOW
12. Your rights to end the contract
12.1 Save as set out in clause 12.3 below you have no contractual right to cancel or
suspend the whole or any part of the Contract In the event that you do (or purport to)
cancel or suspend the whole or part of the contract (“Cancellation”) we shall not be
obliged to accept such Cancellation and reserve all our rights and remedies. You
acknowledge that certain elements of the products are made-to-measure, or made to
your specifications or clearly personalised or by their nature cannot be returned and so
cannot therefore be readily resold by us as there is no available market and they cannot
be returned by us to the manufacturers and that therefore we would suffer loss,
damages, costs and expenses arising from such Cancellation (together “Losses”).
12.2 In the event that we do accept such Cancellation then we shall be entitled to
levy and you shall meet the following charges as a reasonable pre-estimate of the losses
which would be suffered by us arising from such
Cancellation:
12.2.1 we shall be entitled to retain any payments made by you prior to the
commencement of delivery by way of a deposit or if full payment was made,
25% of the total balance; and
12.2.2 if the products are not under manufacture at the time the
Cancellation is accepted then, we shall be entitled to also make a charge for
Cancellation of 25% of total balance; and
12.2.3 if the products are already under manufacture when the Cancellation
is accepted, then we shall be entitled to also make a charge for Cancellation of
a sum which is equal to 100% of the price for the products that are already in
manufacture.
12.3 In what circumstances may Cancellation be acceptable as a good reason
for ending the contract? If you are ending a contract for a reason set out at 12.3.1 to
12.3.3 below and the products are not already under manufacture the contract will end
immediately and we will refund you in full for any products which have not been provided,
or have not been provided properly and you may also be entitled to further
compensation. The reasons are:
12.3.1 we have told you about an upcoming change to the products or these
terms which you do not agree to;
12.3.2 we have told you about an error in the price or description of the
products you have ordered and you do not wish to proceed;
12.3.3 save as otherwise stipulated in these terms and conditions you have
a legal right to end the contract because of something we have done wrong.
13. Our rights to end the contract
13.1 We may end the contract if you break it. We may end the contract at any time
by writing to you if:
13.1.1 you do not make any payment to us when it is due and you still do
not make payment within 14 days of us reminding you that payment is due;
13.1.2 you do not, within a reasonable time of us asking for it, provide us
with information that is necessary for us to provide the products, for example,
site dimensions and measurements;
13.1.3 you do not, within a reasonable time, allow us to deliver the products
to you; or
13.1.4 you do not, within a reasonable time, allow us, our subcontractors or
representatives, access to your premises to deliver the products; or
13.1.5 there is an adverse survey of where you wish to install the products.
13.2 You must compensate us if you break the contract. If we end the contract in
the situations set out above, we will refund any money you have paid in advance for
products we have not provided but we may deduct or charge you reasonable
compensation for the net costs we will incur as a result of your breaking the contract.
13.3 We may withdraw the products. We may write to you to let you know that we
are going to stop providing the products. We will let you know at least three months in
advance of our stopping the supply of the products and will refund any sums you have
paid in advance for products which will not be provided.
13.4 We may end the contract if something occurs that affects our ability to supply
the products which is outside of our control. This could include the manufacturer of the
products becoming bankrupt affecting the supply of the products or any other reason that
is acting in good faith outside of our reasonable control concerning the supply of the
products.
14. What to do if there is a problem with the products
14.1 How to tell us about problems. If you have any questions or complaints about
the products, please contact us. You can telephone our customer service team at 01256
363 123 or write to us at enquiries@twoguys.co.uk or Armstrong Road, Daneshill East,
Basingstoke, Hampshire, RG24 8NU. Alternatively, please speak to one of our staff instore.
15. Our responsibility for loss or damage suffered by you
15.1 We are responsible to you for foreseeable loss and damage caused by
us. If we fail to comply with these terms, we are responsible for loss or damage you
suffer that is a foreseeable result of our breaking this contract or our failing to use
reasonable care and skill, but we are not responsible for any loss or damage that is not
foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if,
at the time the contract was made, both we and you knew it might happen, for example, if
you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would
be unlawful to do so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors; for fraud or
fraudulent misrepresentation; for breach of your legal rights in relation to the products
including the right to receive products which are: as described and match information we
provided to you and any sample or model seen or examined by you; of satisfactory
quality; fit for any particular purpose made known to us; supplied with reasonable skill
and care; and for defective products under the Consumer Protection Act 1987. Note we
are not liable for the acts or omissions of your installers.
15.3 When we are liable for damage to your property. If we are providing
services in your property, we will make good any damage to your property caused by us
while doing so.
However, we are not responsible for the cost of repairing any pre-existing faults or
damage to your property that we discover while providing the services nor are we
responsible for damage caused by your installers or for damage to existing
electrical equipment that we are required to remove as part of the installation
process for the products.
15.4 We are not liable for business losses. We only supply the products for
domestic and private use. If you use the products for any commercial, business or re-sale
purpose we will have no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
16. How we may use your personal information
16.1 We will use the personal information you provide to us:
16.1.1 to supply the products to you;
16.1.2 to process your payment for the products; and
16.1.3 if you agreed to this during the order process, to inform you about
similar products that we provide, but you may stop receiving these at any time
by contacting us.
16.2 We will only give your personal information to third parties where the law either
requires or allows us to do so or you have given your permission.
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our
rights and obligations under these terms to another organisation. We will always tell you
in writing if this happens and we will ensure that the transfer will not affect your rights
under the contract.
17.2 You need our consent to transfer your rights to someone else (except
that you can always transfer our guarantee). You may only transfer your rights or
your obligations under these terms to another with our express prior written agreement.
However, you do not need our agreement to transfer the benefit of our guarantee in
clause 11.2.
17.3 Nobody else has any rights under this contract (except someone you
pass your guarantee on to). This contract is between you and us. No other person shall
have any rights to enforce any of its terms, except as explained in clause 11.2 in respect
of our guarantee. Neither of us will need to get the agreement of any other person in
order to end the contract or make any changes to these terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining paragraphs will remain in
full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If
we do not insist immediately that you do anything you are required to do under these
terms, or if we delay in taking steps against you in respect of your breaking this contract,
that will not mean that you do not have to do those things and it will not prevent us taking
steps against you at a later date. For example, if you miss a payment and we do not
chase you but we continue to provide the products, we can still require you to make the
payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal
proceedings? These terms are governed by English law and you can bring legal
proceedings in respect of the products in the English courts. If you live in Scotland you
can bring legal proceedings in respect of the products in either the Scottish or the English
courts. If you live in Northern Ireland you can bring legal proceedings in respect of the
products in either the Northern Irish or the English courts.
17.7 Alternative dispute resolution. Alternative dispute resolution is a process
where an independent body considers the facts of a dispute and seeks to resolve it,
without you having to go to court. If you are not happy with how we have handled any
complaint, you may want to contact the alternative dispute resolution provider we use at
the KBSA. You can submit a complaint to the KBSA via their website at
www.kbsa.org.uk. The Kbsa will not charge you for making a complaint and if you are not
satisfied with the outcome you can still bring legal proceedings.