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GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through the Ideal Standard spare parts website at www.fastpart.co.uk (the "Website"). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.

Website Terms and Conditions

Whenever you use this Website to order a product, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering a product through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions. 

Product and service descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:

·         orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this Website;

·         all prices are displayed in pounds sterling inclusive of UK VAT, unless expressly indicated otherwise;

·         despite our efforts, a small number of products in our catalogue may be mispriced.  We verify prices as part of our dispatch procedures.  If a product's correct price is lower than our stated price, we charge the lower amount and send you the product.  If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

·         packaging may vary from that shown on the Website; 

·         the weights, dimensions and capacities shown on the Website are for guidance only;

·         whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.

·         all items are subject to availability.  We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available.

Acceptance of your order

Completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) that you ordered from us.

If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order, and we will send a confirmation e-mail notifying you when your order has been dispatched.

All products that you order through the Website will remain the property of Ideal Standard until we have received payment in full from you for those products.

During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.  We do not hold any of your payment details in our system.

All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before despatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect (or arrange for collection) of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.

If we cannot supply you with the product you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product, refund you in full as soon as reasonably possible.

Delivery including delivery charges and timescales

Delivery charges and timescales vary depending on the type of products ordered and the delivery address. Full details of our delivery charges appear during check-out.

Delivery will be to the UK address specified in your order. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to depot.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation.

Delays

Occasionally, the supply of your product(s) may be delayed or prevented for reasons beyond our control – for example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.

Your right to cancel

If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days following your receipt of the goods or the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. If you wish to cancel (or are considering cancelling) a product you have ordered from us, please be aware of the following terms that apply:

• Damaged or incorrectly supplied products:  You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation and inform us (by post, phone or e-mail only) within seven working days of delivery. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. Please note that we will not accept the return of any damaged or incorrectly supplied products where you fail to notify us of this within seven working days of receiving them.
• Other cancelled products:  If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within seven working days, starting the day after you receive the order. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned unopened or in the case of furniture, collection arrangements made, promptly at your cost (up to £100 in some cases) which will be notified to you at the time of cancellation. 

This is not intended to be a full statement of all your rights under the Distance Selling Regulations.

• Damage during the course of returning products:  If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
• Collection:  For certain, larger products, we may offer to arrange collection on your behalf and, where this is the case, you will be responsible to pay the costs of such collection (which we will notify to you in advance).

If you cancel your order in any of the circumstances set out above save for cancellation under the provisions of the Direct Selling Regulations, we will refund any money paid by you after any products, which have been delivered to you, are returned to us. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.

Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).

Liability

We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extend permitted by law and, except where required by law, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.

Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the relevant product ordered from us.

We will not be liable to you where we breach these General Terms and Conditions of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials; labour, fuel, parts or machinery; power failure or breakdown in machinery.

Nothing in these General Terms and Conditions of Sale shall limit our liability for personal injury or death caused by our negligence or for any other liability the exclusion of which is not permitted by applicable law.

Nothing in these terms will reduce your legal rights relating to faulty or misdescribed goods.

Other important terms

We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.

No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These General Terms and Conditions of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.