Terms
& Conditions!
Bathroom Mania! values transparancy in doing business. In
order to inform you appropriatly we hereby give you an overview
of our Terms & Conditions that apply to our sales transactions.
Please read our terms and conditions carefully before ordering.
General conditions
forming part of sales contracts with Bathroom Mania! BV,
Weerdsingel wz 33a, 3513 BC UTRECHT, Netherlands,
registered with the Utrecht Chamber of Commerce under number
30 19 71 93
hereafter referred to as: BM
version dated 10 October 2004
1. Applicability
These General Conditions apply to
all contracts with BM. They will be brought to the notice
of the purchaser, before the purchaser places an order with
BM.
2. Formation of a contract of sale
The contract of sale is only concluded
when the order and the amount payable to BM by the purchaser
for the order have come in.
3. Delivery period
3.1 Unless agreed otherwise and provided
the goods ordered are in stock, BM seeks to send the goods
within five days of the formation of the contract. Average
transport time is two to seven days.
3.2 If and when BM expects the delivery
period to exceed twelve days, the purchaser will be advised
of this.
3.3 If the ordered goods have still
not been delivered six weeks after the formation of the
contract, both parties have the right to dissolve the contract
of sale, in which case BM will refund the payments made
by the purchaser. In that case there is no obligation upon
either party to pay compensation.
4. Transfer of risk
4.1 The risk for the goods supplied
by BM transfers to the purchaser from the time of delivery.
4.2 If the goods cannot be delivered
because the purchaser refuses to accept them, the purchaser
bears the risk for the complete dispatch (there and back).
5. The product
5.1 Upon delivery of the goods to
the address given by the purchaser, BM has fulfilled its
obligations under the contract of sale. BM is in any case
not responsible for installing the delivered goods.
5.2 The goods offered for sale by
BM are based on European sizes and European means of connection.
BM is not responsible for validating the means of connection
at the customer's premises. Customers should establish for
themselves whether the specifications of the goods are suitable
for the location of use.
5.3 Goods are supplied as indicated
in the specific product descriptions and connecting materials
are not included unless this is explicitly stated.
6. Right of dissolution
6.1 The purchaser has the right to
dissolve the contract without giving reasons for seven working
days from the date of delivery of the purchased goods. To
dissolve the contract of sale, the customer must send a
fax message to that effect to BM.
6.2 In the event of dissolution of
the contract, the purchaser must return the delivered good
to BM in the same condition and in the same packaging, using
the same means of transport that BM used or, if that is
not possible, by air mail. The purchaser has to pay the
transport costs for returning the goods.
6.3 BM will refund the amounts paid
for returned goods to the purchaser within one week of receipt
of the goods, without making any charges for the refund.
6.4 If the purchaser refuses to accept
the delivery, BM will charge the purchaser for all costs
and any loss arising from this refusal, including the full
transport costs. The costs and loss will be deducted from
the amount to be refunded to the purchaser.
7. Guarantee and liability
7.1 BM guarantees that the goods supplied
will conform to the contract of sale. This means that the
goods supplied will have the properties that the purchaser
is entitled to expect under the contract, that is the properties
that are necessary for the normal use of the supplied goods,
the presence of which the purchaser should not need to doubt.
7.2 BM therefore guarantees that the
goods will be complete on delivery. BM also guarantees that
all goods are thoroughly checked before dispatch for possible
imperfections and variations, bearing in mind that the parties
are aware that a ceramic product is liable to show small
variations and minor imperfections. These variations and
imperfections can never constitute grounds for compensation
from BM. All information, models and illustrations relating
to colours, materials, sizes and finish as published through
various channels by BM are an indication only. Variations
cannot constitute grounds for rejecting the goods, discount,
dissolving the contract or compensation, provided they are
insignificant variations.
7.3 In the event of breakages or other
variations or imperfections, other than those envisaged
in condition 7.2 the parties will consult each other about
what measures BM will take, which may consist of supplying
replacement goods or paying compensation. Complaints by
the purchaser must be sent to BM by fax within one week
of the delivery of the goods.
7.4 The guarantee period on the supplied
goods is one year.
7.5 Complaints and other comments
can be submitted to BM in writing using the contact form
or by fax. Visits are only possible by appointment.
7.6 The guarantee referred to in this
condition does not apply if the defect has been caused by
injudicious or improper use of the product, or if, without
permission in writing from BM, the purchaser or a third
party has made or has tried to make alterations to the product
or has used the product for purposes other than what it
is intended for.
7.7 If the goods supplied by BM are
faulty, BM's liability to the purchaser is limited to the
provisions in this condition, which means that whatever
the circumstances the liability of BM is limited to the
amount paid by the purchaser under the contract of sale.
8. Intellectual property
The intellectual property rights and
copyright on the goods supplied are retained by BM, which
only grants the purchaser a single license to use the products.
9. Force majeur
The parties are not bound to fulfil
any obligation, if they are prevented from doing so by force
majeure, which means any circumstance for which they are
not to blame and for which they do not have a legal responsibility,
responsibility by virtue of a legal act or responsibility
in accordance with generally accepted standards.
10. Competent court and applicable law
10.1 The District Court of Utrecht
(the Netherlands) has sole jurisdiction to hear disputes
arising under the contract of sale.
10.2 All agreements between the parties
are governed by Dutch law.
Bathroom
Mania! reserves the right at all times and without prior
announcement to make changes relating to these Terms &
Conditions.
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Website
usage!
When visiting our website you acknowledge that you agree
with our conditions of website usage. Read the conditions
carefully when visiting our site.
Conditions of use for the Bathroom Mania! website
version dated 10 October 2004
1. Disclaimer
Bathroom Mania! has done everything
in its power to publish complete and up-to-date information
on its website and will continue to do so in the future.
In spite of this, Bathroom Mania! does not give any guarantees
or undertakings with respect to the correctness and completeness
of information that appears on the Bathroom Mania! website
or information to which the website refers. This includes
the colour of the illustrated products, which can vary (this
depends very much on the monitor being used). All users
of the website state that however they access and use this
website, they do so on each occasion at their own risk.
2. Links to third-party websites
The same applies to the websites and
the content of websites that can be accessed directly via
a link on the Bathroom Mania! website. Neither Bathroom
Mania! nor any other company that has worked on the design,
production or distribution of this website or linked websites
is liable for any kind of loss whatsoever arising from visiting,
using or misusing this or linked websites.
3. Changes
Bathroom Mania! reserves the right
at all times and without prior announcement to make changes
relating to content, products, technical data, prices and
availability.
4. Copyright
The Bathroom Mania! website and all
the information distributed and referred to on this website
is solely for information purposes. Any form of copying
or imitation whatsoever, downloading or other use is expressly
prohibited. Requests for permission to copy any information
from this website must be submitted to us using our contact
form.
Bathroom Mania! reserves the right at all times and without
prior announcement to make changes relating to these Conditions
of use of the website.
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Privacy!
Bathroom Mania! respects your privacy. We think it is of
importance to inform you about the way we handle the information
you submit to us. Please read the following text carefully
in order to see how we handle your information.
Privacy
conditions of Bathroom Mania! B.V.
version dated 10 October 2004
1. General
When you enter personal information
on our website, we will only use this for the purpose for
which you entered the information. Your personal information
will never be divulged to third parties, except in circumstances
where we are legally required to do so and/or at your explicit
request. We are fully aware that your personal information
is important to you and so we take all reasonable precautions
to protect your personal details while they are at our disposal.
For example, we use SSL-encryption technology to guarantee
a secure payment procedure.
2. Cookies
The Bathroom Mania! website uses cookies,
small text files that are sent to your computer. The cookies
allow us to track which products you have put into your
virtual shopping cart, so that we can produce a bill for
you later. If you would rather not receive cookies, you
can set the options of your internet browser to not accept
them. Go to www.cookiecentral.com for more information on
cookies.
3. Statistics
When you visit our website, some user
information is compiled and stored by our webserver, such
as the domain name and the host computer from which you
access the Internet, the IP address (Internet Protocol)
of the computer you are using, the date and time you visited
our website and the internet address of the website from
which you were linked direct to our website. We use these
data to measure the traffic on our website and this allows
us to make improvements to the site. These data are not
linked to your personal details that you entered on our
site and they are automatically erased after a certain time.
The data are never made available to third parties.
4. Information sent in
We value your contacts with us very
highly, your questions and suggestions for example. Contact
with our customers is very important to us. However, we
treat all questions, suggestions, messages, complaints,
ideas etc. (together referred to as 'comments') that you
bring to our notice via our website (or by any other means)
as public property. We reserve the right to use these 'comments',
without being held accountable to the person who submitted
them or becoming liable for any form of compensation to
that person. We therefore advise you, should you wish to
entrust us with confidential information, to advise us of
this in advance, so that both sides can take this into consideration.
Bathroom Mania! reserves the right at all times and without
prior announcement to make changes relating to these Privacy
conditions.
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