Consumer Terms & Conditions
Terms and Conditions (Consumer)
1. These Terms and Conditions are the standard terms which apply to the provision of goods and services to consumers only (excluding business customers) by Quay Centre Limited, a limited company registered in England under number 04596450 whose registered address is 9/10 The Crescent, Wisbech PE13 1EH and whose main trading address is 28-31A North End, Wisbech, Cambridgeshire PE13 1PE (“We/Us/Our”). Our VAT number is 806327442.
2. Contact details for our Customer Services Team are:
Telephone: 01945 476797
Email: sales@quaycentre.co.uk or admin@quaycentre.co.uk
Our website is at Quay Kitchen and Bathroom Centre (quaycentre.co.uk).
3. Where to find information about us and our products
You can find everything you need to know about us and our products on our website, in our catalogues or from our sales staff before you order. We also confirm the key information to you in writing before and after you order, either by email or on paper.
Please note that a product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
4. Quotes and Pricing
We may provide you with a written quote or estimate for goods or services. Our quotes do not constitute an offer and do not include any charges or fees for any of the following services (unless otherwise stated on the quote) which will either be charged to you separately or which will be undertaken (if necessary) by third parties:
· Any electrical or gas works;
· Repair or making good walls before tiling;
· Floor or wall tiling;
· Any decoration work; or
· Disposal of electrical appliances.
We may also include pricing on our website or in advertisements or catalogues from time to time. We aim to ensure that any such pricing information is accurate at the time of purchase. However, we are entitled to change prices from time to time to take into account factors such as an increase in wholesale prices, or to fix any errors or omissions in advertised prices.
5. Offers and promotions
We may occasionally run offers or promotions. Any such offers or promotions may only be used on their own and not in conjunction with any other offer or discount. We also reserve the right to withdraw offers, discounts or promotions at any time.
6. Acceptance of orders and our contract with you
Your order constitutes an offer by you to purchase goods and/or services from us in accordance with these Terms and Conditions. We will confirm to you in writing when we have accepted your order. Your contract with us shall come into existence upon written acceptance of your order by us.
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because we can't verify your age (where the product is age-restricted), because you are located outside the UK or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
All prices are inclusive of VAT unless otherwise stated on our Order Confirmation. If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
9. Deposit and Balance Payment terms
We will normally ask you to pay a deposit when we accept your order.
We will normally ask you to pay the balance for goods and services on delivery or collection of goods, on completion of services, or, where goods and/or services are supplied or performed over a period of time, at regular intervals. Payment dates are usually as follows and we will explain the payment dates that apply to you during the order process.
Where you buy goods only: A deposit of 10% of the price of the goods payable on confirmation of your order. The balance of the purchase price is payable on delivery or collection.
Where you buy goods and hire us to install them for you: A deposit of 10% of the price of the goods and installation services is payable on confirmation of your order. You will then be asked to pay 60% of the balance on delivery of the goods ready for installation. The final balance of 10% will be payable on completion of the installation.
We will provide you with an invoice for your deposit and any balance payments.
Any deposits paid are non-refundable unless we cancel your order for a reason outside of your control (subject to your statutory rights as a consumer).
We may charge you additional sums if you don't give us information we have asked for about how we can access your property for delivery, installation or to provide services, or if you don't do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower, or reschedule services.
If we are making or supplying the product to measurements you provide, you are responsible for making sure those measurements are correct. If you need any information or tips on how to measure, please contact our Customer Service Team (see above).
If the walls, floors or services at your property are not suitable or in the required condition for us to perform our services, we will notify you and will discuss with you the preparation work that is required. You will be solely responsible for any preparation works that are needed and for the cost of those works.
It is your responsibility to ensure that any goods or services you order are satisfactory and suitable for the purpose for which they are required.
We cannot dispose of any fridges, freezers or fridge-freezers. If you require items of this nature to be disposed of, please contact your local authority.
We shall deliver the goods to the location set out in our order confirmation or such other location as we may agree with you. If you fail to take delivery on the date agreed, we may charge an additional sum for subsequent deliveries.
If you are collecting your goods, you will need to collect them at our premises at 28-31A North End, Wisbech, Cambridgeshire PE13 1PE within 5 Business Days of us notifying you that the goods are ready.
Any dates quoted for delivery of goods or the performance of services are approximate only and the time of delivery or performance is not of the essence. We shall not be liable for any delay in delivery of the goods or by or any other instructions that are relevant to the supply of the Goods.
If our supply of your product or services is delayed by an event outside our control, such as goods being out of stock, subcontractors being unavailable, or your failure to provide us with adequate delivery instructions, we will contact you as soon as possible to let you know and we will do what we can to reduce the delay. As long as we do this, you will not be entitled to any compensation for the delay, but, if the delay is likely to be substantial, you can contact our Customer Service Team (see above) to end the contract and receive a refund for any deposit you have paid or for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
If you have said you will collect a product ("click and collect") but you don't do this within 5 business days then (unless the product is made to your specifications or is clearly personalised) we treat your order as cancelled and refund the purchase price.
You should inspect any goods you purchase from us on delivery or collection. You should check to ensure that you have received the correct goods and check for any obvious signs of damage.
You must notify us by email or by phone within 48 hours of any damage or defect with the goods or any shortage. If you have received the incorrect goods or if the goods were damaged in transit, we will replace the goods free of charge. All incorrect or damaged goods must, wherever possible, be returned in their original packaging.
13. Ownership of goods and risk
If your product is goods (rather than services), you will not own the goods until we have received payment in full.
However, the risk in the goods shall pass to the you on completion of delivery which means that, until you have paid for the goods in full, you are responsible for them. You must store the goods separately so that they remain readily identifiable as our property, maintain the goods in satisfactory condition, and not remove, deface or obscure any identifying mark or packaging on or relating to the goods.
If we are unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues 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 the interest together with any overdue amount.
15. Cancellation Rights
For most of our products bought online, by mail order, over the telephone or while you were at your home, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
Please note that the right to change your mind does not apply to purchases made in-store.
You also cannot change your mind about, and will not be entitled to a refund, orders for:
· services, once these have been completed;
· products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
· goods that are specially made to your specifications or are clearly personalised; and
· goods which become mixed inseparably with other items after their delivery, such as goods that are installed and fixed to your property.
If you change your mind about a product you must let us know no later than 14 days after:
· the day we deliver your product, if it is goods. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
· the day we confirm we have accepted your order, if it is for a service, for example installation of a kitchen or bathroom.
To let us know you want to cancel your order, contact our Customer Service Team (see above) or fill in the cancellation form which is available from our Customer Service Team, and email it to sales@quaycentre.co.uk or deliver it or post it to us at The Quay Centre Limited, 28-31A North End, Wisbech PE13 1PE.
If your product is goods, for example, a bathroom sink, you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can:
· bring the product to our main trading address which is 28-31A North End, Wisbech PE13 1PE. You will need your receipt and the card you paid with.
· send the product back to us at our main trading address, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.
For help with returns, including our collection arrangements for goods which can't be posted, please contact our Customer Service Team (see above).
Refunds if you cancel your order
If you bought a service (such as installation of a kitchen or bathroom) we don't refund you for the time you were receiving it before you told us you'd changed your mind.
If you return goods after changing your mind, and if you handle the product in a way which would not be acceptable in-store, we will reduce your refund to compensate us for its reduced value. For example, we will reduce your refund if the product's condition is not "as new", if price tags have been removed, if any product-branded packaging is damaged or if accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we are likely to reduce your refund.
If your product is a service or goods that have not been delivered or that we are collecting from you, we refund you as soon as possible and within 14 days of you telling us you have changed your mind. If your product is goods that you are sending back to us, we refund you within 14 days of receiving them back from you. We refund you by the method you used for payment. We don't charge a fee for the refund.
16. Faulty goods or services
Return the product to us. If you think there is something wrong with your product, you must either bring it our stores or contact our Customer Service Team (as above).
Your rights and remedies. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us (see below).
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Summary of your key legal rights If your product is goods, for example taps or a basin, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: · Up to 30 days: if your goods are faulty, then you can get a refund. · Up to six months: if your goods can’t be repaired or replaced, then you're entitled to a full refund, in most cases. · Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. If your product is services, for example installation of a kitchen, the Consumer Rights Act 2015 says: · You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. · If a price hasn't been agreed upfront, what you're asked to pay must be reasonable. · If a time hasn't been agreed upfront, it must be carried out within a reasonable time. |
Most goods supplied by us are supplied with a manufacturer’s warranty. The terms of any such warranty and the availability of any extended warranties are between you and the manufacturer.
18. Our goodwill workmanship guarantee
We offer our UK customers a 12-month goodwill guarantee on workmanship for goods supplied and fitted by us. If you are dissatisfied with our fitting service and you notify us in writing of your dissatisfaction within 12 months of the date on which the goods were fitted, we will, at no cost to you, remove and refit those goods, and replace any goods which are damaged in the process, within a reasonable period of you notifying us in writing that you wish to exercise this guarantee.
This guarantee is in addition to and does not affect your statutory consumer rights (as set out above).
19. Changes to products
We will always have the right to change a product to reflect changes in relevant laws and regulatory requirements, or to make minor technical adjustments and improvements, for example to address a security threat. These are changes that do not affect your use of the product.
20. Suspending supply
If you receive goods from us on a regular and ongoing basis, we have the right to suspend the supply of goods in order to deal with technical problems or make minor technical changes, update the product to reflect changes in relevant laws and regulatory requirements, or to make changes to the product (see We can change products and these terms).
We will contact you in advance to tell you we are suspending supply, unless the problem is urgent or an emergency. If we suspend the product we will adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 3 months you can contact our Customer Service Team (as above) to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
21. Terminating our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
· you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
· you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example;
· you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product ("click and collect") but you don't do this within 5 business days then (unless the product is made to your specifications or is clearly personalised) we treat your order as cancelled and refund the purchase price.
22. Limitation of our liability to you
Our liability to consumers. We are responsible for losses you suffer caused by us breaking this contract unless the loss is:
· Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
· Caused by a delaying event outside our control.
· Avoidable. Something you could have avoided by taking reasonable action. For example, damage to goods which you could have avoided by correctly following the installation instructions given by us.
· A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in our separate “B2B Terms and Conditions” a copy of which is available on request.
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
· death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
· fraud or fraudulent misrepresentation;
· breach of the terms implied by section 12 of the Sale of Goods Act 1979;
· defective products under the Consumer Protection Act 1987; or
· any matter in respect of which it would be unlawful for us to exclude or restrict liability.
23. No implied terms about goods
We exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 to the extent permitted by the law.
24. Your personal data
How we use any personal data you give us is set out in our Privacy Notice which can be found at Privacy policy (quaycentre.co.uk) or which is available on request from the Customer Service Team.
25. Dispute Resolution and Complaints
Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products or services in accordance with our complaints policy which is available on request.
Resolving disputes without going to court. Alternative dispute resolution (ADR) is an optional process which is as an alternative to going to court. ADR includes mediation, arbitration or determination by an expert. We will you're not satisfied with the outcome you can still go to court.
You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
26. Assignment. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we will ensure that the transfer won't affect your rights under the contract. You can only transfer your contract with us to someone else if we agree to this.
27. Third-party rights. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
28. Invalidity. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
29. Delay in enforcing rights. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
30. Governing law. Our contract with you and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with our contract with you or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
31. Jurisdiction. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with our contract with you or its subject matter or formation.