In this agreement the terms have the following meanings:
"Venezia Marketing & Distribution" t/a ebaths, Choice Replacement Toilet Seat Shop, Choice Lighting Shop, Choice Bathroom Shop, Designer Bathrooms Online, Ebaths, Aquarooms, hereinafter referred to as Venezia Marketing & Distribution.
- "Customer" means the user or buyer purchasing a product from Venezia Marketing & Distribution
"Supplier" means any supplier who Venezia Marketing & Distribution markets the products of.
"Agreement" means the contract between Venezia Marketing & Distribution and the Customer to which these conditions will apply.
"Product" is the item that Venezia Marketing & Distribution will market on behalf of the Supplier.
This Agreement shall apply to all Products purchased by a Customer via the Venezia Marketing & Distribution web site. By agreeing to these Terms your statutory rights are not affected.
Prices And Terms Of Payment
Venezia Marketing & Distribution reserves the right to change or withdraw prices for the products or services it offers for sale without prior notice. If Venezia Marketing & Distribution price for any product or service is increased, the price in effect prior to the increase will apply to orders received prior to the effective date of the increase and shipped within a period of 30 days after the effective date of increase.
Prices are in Sterling Pounds £ GBP unless otherwise specified. All prices contained on our website include VAT (unless otherwise specified). VAT is charged at the correct current rate as set out by the British Government.
Unless otherwise specified by Venezia Marketing & Distribution in writing, all taxes and other charges imposed by federal, state, local, or foreign governments on the manufacture, sale, shipment, import, export, or use of the products or services shall be added to the price and billed to and paid by Buyer. Buyer shall defend, indemnify and hold harmless Venezia Marketing & Distribution from and against all liabilities for such taxes or charges and attorneys' fees or costs incurred by Venezia Marketing & Distribution LTD in connection therewith.
In the event that there is a pricing error on the website then Venezia Marketing & Distribution will not be bound to honour any orders made at that price. You will be notified immediately that this is the case and Venezia Marketing & Distribution will not be held liable.
Special order items are non-returnable and are often subject to lead time. You will be notified of a delay in order when we come to order your items. We will request your acceptance of any special order and your acceptance of the lead time. Once a special order has been ordered we can not accept cancellation.
All delivery charges are clearly displayed on the basket stage of your order. These carriage charges are based on standard UK Mainland deliveries using our economy delivery schedule. For countries/regions that do not appear as a shippable area please call or email for a quotation.
Venezia Marketing & Distribution shall reserve the right to make deliveries or perform services in instalments (this will be notified in writing prior to delivery). Partial shipments or performance will be billed as made and payments therefore are subject to the terms of payment referenced herein.
All delivery indications or completion dates are estimated and are dependent in part upon prompt receipt of all necessary information to service an order. Venezia Marketing & Distribution reserves the right to allocate, in its sole discretion, inventories, production, and services when such allocation becomes necessary. In no event will Venezia Marketing & Distribution be liable for any premium transportation, re-procurement, or other costs or losses incurred by Buyer as a result of Venezia Marketing & Distribution failure to deliver products in accordance with indicated delivery/performance schedules.
If goods are ordered at the weekend or on a bank holiday, the order on the next working day and delivery dates will vary accordingly. If a delivery would normally fall due over the Christmas shutdown period, the delivery period may be extended to a later date. We endeavour to deliver all goods on time, however delays are possible.
For large orders, please ensure that someone is available to help the driver move the goods from the delivery van to your premises. Our pallet couriers only supply 1 driver to deliver your order and are not insured or obliged to assist in carrying your goods into/onto your property. The extent of their contract is to wheel your pallet on to your driveway/path, not to physically move them into your garage or property. Deliveries are made to the nearest hard road point and for the avoidance of doubt we are only insured and required to deliver the Goods to your delivery address and not to bring them into a property or install them. For large orders a pallet will invariably be used to transport your Goods, this pallet is your responsibility when delivered to dispose of as deemed necessary. It is not the delivery drivers responsibility to take this away with them.
We endeavour to deliver most products within 7 days; however some items may take longer due to fluctuating stock levels from our suppliers/manufacturers. All delivery dates given are only and always provisional, whilst we strive to always deliver on a pre-organised, amicable day, sometimes it is completely out of our control that situations arise that we can not foresee. Where we can we will try to notify of a potential problem with deliveries or times, however sometimes it is not always possible to do so. Venezia Marketing & Distribution are not bound by any delivery day/dates that either we or our sub-contracted couriers have organised. If the delivery has not taken place through no fault of your own, then Venezia Marketing & Distribution will often arrange another suitable date at yours and our convenience. For the avoidance of any doubt we shall not be liable for any loss arising from delay in delivery or non-delivery.
Before signing for goods please ensure that all products have been carefully inspected for any courier damage. In the case of pallet deliveries please check all goods carefully, and in the unlikely event of damage please return the damaged goods to the driver and take receipt of the good items. A full set of Delivery Guidelines will be emailed to you upon receipt of any order that require a pallet delivery.
Tradesmen should not be booked until goods are received and checked thoroughly. Venezia Marketing & Distribution can not accept liability or 3rd part costs incurred as a result of any delays in dispatch. Please allow a suitable timescale before your plumber/installer starts work to the delivery of your goods, so that in the unlikely event of any damages, suitable time can be given to the replacement of said goods.
All delivery charges are clearly displayed on the basket stage of your order. These carriage charges are based on standard UK Mainland deliveries using our economy delivery schedule. In most instances delivery timescales can be improved however these may be subject to a carriage surcharge.
Goods can only be delivered to the customer's address (they cannot be left with a neighbour) and must be checked and signed for. If the delivery is to a communal building like a block of flats, please note that the driver may require help unloading. The Carrier may also ask to see identification before leaving the goods, (to protect us from Credit Card fraud).
If for any reason you wish to return your purchase, with the exception of bespoke items, we will offer a refund or an exchange as long as this is requested within 14 days of receiving your order. Goods must be returned to the Supplier in perfect condition and accompanied by this order confirmation. Venezia Marketing & Distribution is not liable for postage, shipping or taxes due on returned goods. Please take into account postage and shipping times when returning goods.
We recommend using Recorded or Special Delivery when returning products since Venezia Marketing & Distribution and the Supplier will not be responsible for Products lost or damaged in transit. Postage will be refunded only if Products are faulty or an error has been made on the part of the Supplier or Venezia Marketing & Distribution
Please inspect goods thoroughly before signing, if it is not possible sign the proof of delivery note as "unchecked". You must inform us in writing, via email or fax within 72 hours of delivery if any goods are damaged or missing. We cannot accept liability for damaged goods if you do not inform us within the 72 hours.
Inspection Of Products
Products shall be inspected by Buyer upon delivery and services, upon performance. Notice of rejection or claim for shortages, damaged product, or other nonconformity must be submitted by Customer to Venezia Marketing & Distribution in writing within 3 working days of shipment or performance, and must specify the particular respects in which the delivery, products, or services, as applicable, are nonconforming. Buyer shall have no right to exercise any remedial rights until notice of nonconformity has been given to Venezia Marketing & Distribution and Venezia Marketing & Distribution afforded a reasonable opportunity to cure such nonconformity, if appropriate.
Cancellation of an Order
If for any reason you wish to cancel your order please e-mail [email protected] You must provide the following information when cancelling an order: Your Name, Your Order Number, Date or Order, Details of Cancellation.
We will acknowledge your request by email and arrange to refund you by your chosen method of payment. If you do not receive an email from us acknowledging your cancellation then your order has not been cancelled.
Orders that are cancelled after the order has been dispatched will be subject to delivery and returns collection charges incurred.
We can not accept any cancellations for any Special Order items. You would have been notified if your order was a special order as we would ask for your acceptance of such. Please note that your right to return Goods pursuant to the Distance Selling Regulations 2000 does not apply in this contract where the Goods are manufactured for you, customised to your specifications or specially ordered and non stock items.
English Export Laws
Venezia Marketing & Distribution obligations are subject to the export administration and control laws and regulations of England. Buyer shall comply fully with such laws and regulations in the export, resale, or disposition of products.
Quotations or proposals made, and any orders accepted by Venezia Marketing & Distribution from a Buyer outside the UK are with the understanding that the ultimate destination of the products is the country indicated therein. Diversion of the products to any other destination contrary to English law is prohibited. Accordingly, if the foregoing understanding is incorrect, or if Buyer intends to divert the products to any other destination, Buyer shall immediately inform Venezia Marketing & Distribution of the correct ultimate destination.
Confirming Availability & Price
Availability information for the titles in our catalogue are listed on each item's detail page. Beyond what we say on that page, we cannot be more specific about availability. As we process your order, we will inform you by e-mail/phone if any items you order turn out to be unavailable. You are most welcome to request availability of items by contacting us by either phone or email. We will then respond immediately with current stock levels taken at the time of enquiry.
All goods supplied by the Venezia Marketing & Distribution are warranted free from defects for 12 months from the date of delivery (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Suppliers instructions, misuse, or any alteration or repair carried out without the Suppliers approval.
If the goods supplied to you are damaged on delivery or don't correspond with specification (other than in respect of a bespoke specification), you should notify Venezia Marketing & Distribution in writing either via our e-mail address ([email protected]) or fax number shown within the Contact Us section of the website within 3 days from the date of delivery.
If the goods supplied to you develop a defect in relation to their quality or condition while under warranty you should notify Venezia Marketing & Distribution in writing via the e-mail address or fax number shown within the Contact Us section of the website, as soon as possible, but in any event within a reasonable time after discovery of the defect or failure.
Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification (other than in respect of a bespoke specification) is notified to Venezia Marketing & Distribution in accordance with these conditions of supply, Venezia Marketing & Distribution shall be entitled to replace the goods (or the part in question) free of charge or, at our sole discretion, refund you the price of the goods (or a proportionate part of the price), but we shall have no further liability to you.
Extent Of Liability
We make every effort to ensure that all descriptions and pictures on our web site are described and reflect the products accurately. However, the descriptions and pictures on our website do not form part of the contract between us and you. They are purely designed to represent a general idea of the goods. We would always recommend that suitable research is under taken by you to ensure you know what you are buying from us and that they are intended for your use.
We will not be liable to you for any loss or damage which you suffer as a result of any breach of contract by us, including, but not limited to, consequential loss to you and/or loss or damage to the property of third parties. In any event our liability to you arising directly from our negligence will not exceed the invoice value of the Goods. Nothing in this clause will limit our liability for death or personal injury resulting from our negligence. This clause does not affect your statutory rights.
Venezia Marketing & Distribution is VAT Registered at present.
Customs and tax charges may be applicable for shipping to countries out with the European Union (EU). Venezia Marketing & Distribution endeavour to put the correct Customs Clarifications / Commodity Codes on parcels. However, we cannot be held responsible for import duties and charges.
EU Member States (as at May 2007) include: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Intellectual Property & Copyright
All Products distributed by the Supplier will remain the Supplier's intellectual property. Any Design produced by a Supplier carries a copyright and cannot be reproduced without written consent.
The Customer will not hold Venezia Marketing & Distribution responsible for any infringement of copyright relating to copy contained within a Product.
It is the Supplier's responsibility to ensure that any Product Design is lawful, does not infringe any Copyright or any other laws.
Alterations to Terms of Business
Venezia Marketing & Distribution reserves the right to alter these Terms of Business at any time and will replace the Terms of Business on our web site when we do so.
Distance Selling Regulations
The following information is extracted from the www.dti.gov.uk web site. Venezia Marketing & Distribution complies with all Distance Selling Regulations.
Distance selling means selling and buying by phone, mail order, via the Internet or digital TV. Such transactions are covered generally by normal buying and selling legislation, but they are also covered by special Distance Selling Regulations.
Distance Selling Regulations give protection to consumers who shop by phone, mail order, via the Internet or digital TV:
The protection includes:
- The right to receive clear information about goods and services before deciding to buy;
- Confirmation of this information in writing;
- A cooling off period of seven working days in which the consumer can withdraw from the contract;
- Protection from credit card fraud.
Guide for Businesses on Distance Selling Regulations
The DTI and Office of Fair Trading (OFT) issued revised guidance for businesses on the Distance Selling Regulations in September 2006. In a press notice Minister Ian McCartney said: 'Consumers deserve protection whether they are buying from their local shop or online. But businesses need to have a clear idea of where the law stands. That's why this... guidance will support businesses in their efforts to operate distance sales and give consumers the protection they deserve.'
E-commerce Regulations put the EC Directive on E-commerce into UK law. Amongst other things the Directive requires Member States to ensure that contracts can be concluded electronically. DTI is examining its consumer legislation to ensure that it does not prevent contracts from being made online.
Safe Online Shopping
Surveys continue to show that uncertainty about traders' legal responsibilities and problems in obtaining redress when transactions go wrong are particular barriers to consumer trust on the Internet.
Information for consumers about online shopping is available from many sources, including the Consumer Direct web site and the Office of Fair Trading, as well as consumer organisations, magazines and other media.
In 2001 DTI commissioned MORI to research consumers' concerns and awareness about online shopping, and the best ways of delivering information and guidance on the subject, (2001 report: Informing customers about e-commerce). This was followed in 2002 by further research which revealed that, compared to 2001, people were less concerned about credit card fraud and data protection, but that they remained concerned about dishonest traders and redress (2002 report: Internet and cross-border shopping).
Safe Internet Shopping Initiative
DTI's Safe Internet Shopping initiative aims to encourage consumers to shop online by explaining how to do so safely. DTI has worked with a range of public and private sector partners to provide improved access to information on the full range of consumer concerns (e.g. safe payment, data protection, illegal content, redress).
More Online Shopping Information and Tips
Further information, including links to additional sources of advice, is available on the DTI's Consumer Direct website.
These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England and Wales.
Suggestions or Comments
If you have any suggestions or comments
please email [email protected]
Or call us on 020 3940 9333
Alternatively you can phone or write to us:
Venezia Marketing & Distribution
Kitts End Farm
Kitts End Road