Terms and Conditions of Business
The customer’s attention is drawn in particular to the provisions of clause 10
Access to, use of, and shopping at www.racstone.com, and any other subdomains is provided by Racstone.com on the terms and conditions as stated on this page.
By using and or continued use of the website and associated subdomains, you agree to be bound by these terms, which shall take effect immediately on your first visit to the website. If you do not agree to be bound by all of the following terms please do not access, use and shop at Racstone.com
1. Making a Purchase
a)The following terms and conditions apply to all transactions on this website between us, Dee (GB) Products TA Racstone.com Limited, company no. 10090601 whose registered office is at Princes Exchange Ground Floor, Princes Square, Leeds, England, LS1 4HY“ (Racstone.com ”) and you, the customer. The placement of an order indicates your acceptance of these terms and conditions (including our Delivery Policy, as referred to at clause 4 below). Please read them carefully and print a copy for future use. To order goods through this website you must be at least 18 years of age and accept delivery within the UK. We will treat each order for goods as an offer by you to Racstone.com to purchase the goods subject to these terms and conditions.
b) Racstone.com is a mail order company only. Please do not attempt to collect or return goods in person as this will not be possible.
c) All orders are accepted when your credit/charge/debit card is processed. Any email or other acknowledgment of your order is mere to report that your request has been received and will be looked at and does not in any way denote acceptance of your order regardless of any wording on the email.
d) Racstone.com reserves the right, at any time prior to acceptance, to refuse any order or any part of any order, or to require further or better information to enable it to evaluate and/or process the order.
2. Payment and Price
a) We are entitled to make adjustments to the price of goods to take account of any increase in our supplier's prices or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. Any price changes will be advised and agreed prior to accepting your order. All goods must be paid for on completion of order and all funds must be cleared prior to delivery. We accept most major credit and debit cards such as VISA, MASTERCARD, and MAESTRO. On the order you must provide us with your exact billing address and telephone number - the address and telephone number your credit card provider has on file for you. Incorrect information will cause a delay in processing your order.
b) In the event that there is a pricing error on the website or in our printed catalogs then BathWell will not be bound to honor any orders made at that price.
c) PLEASE NOTE: We only accept Debit/Credit card payments from cards registered to an address within the UK.
3. Description of Goods
a) All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. All specifications given to the customer are approximate and intended as a guide only. We always endeavor to ensure all product descriptions are correct but advise customers to seek technical advice from qualified sources prior to ordering products and any work to be carried out.
b) Whilst we make every effort to reproduce the colors of the products correctly slight variations may occur during the print and photography process.
4. Delivery Information
a) Our delivery policy, which can be found under “Delivery Information” on our home page (“Delivery Policy”), forms part of these terms and conditions.
b)We endeavor to deliver most products within 3-7 working days of receipt of your order. Goods are subject to availability and delay in delivery of goods is sometimes outside of our control. If you have any questions regarding your delivery please call us.
c) Racstone.com strongly advises you not to book your installers or engage in any preparatory work until full receipt of your goods. If any item is out of stock, a sales advisor will email or telephone you to advise you of the expected delivery date.
d) If an order cannot be successfully completed due to the customer being unable to accept the goods on the date agreed, then a redelivery charge may be applicable. This cost would then be borne by the customer.
e) Please note all medium and large deliveries are made using wooden pallets. The delivery driver will not be able to take away this pallet as it forms part of the delivery. If a delivery is refused due to the customer not being able to take a pallet delivery, then the goods will be returned to the warehouse and the customer will be refunded the price of the goods, minus any delivery charge paid.
f) If goods are ordered over the weekend or on a bank holiday the order date is taken as the following working day for delivery purposes. If a delivery would normally fall due over the Christmas shutdown period the delivery period may be extended to a later date.
g) After completion of your order please check your receipt and ensure that all the details are correct. If you are in any doubt please contact our sales department immediately as post-delivery changes take time and can be an inconvenience to you.
h) We aim to deliver the following items within the time schedule below -
If ordered separately we will aim to deliver in 3 -7 working days.
We aim to deliver within 3 - 7 working days,
Bespoke and special delivery items can take between 3 - 12 working days.
- Out-of-stock items will be dispatched on a similar timescale once in stock.
- You will be advised of any changes in the expected in-stock date.
- The delivery timescale of an order is dependent on the size of the largest item in the order, relating to the guide above.
i) If your item is not in stock we will back order the item for you, or give you the option to cancel your order if you would rather not wait.
j) Please ensure that all goods are checked by yourself and we ask that any problems are reported to our customer care team by email within *48 hours of delivery.
*Note 48 hours is from the time of delivery not from the time you unpack the items. We MUST be informed by email within 48 hours of delivery. We cannot be held responsible for items that are found to be damaged after this period has elapsed. Please also note that we will not deviate from this. We appreciate that you may be storing items for installation in the near future but we will not take into account 'adequate' storage for late reporting of damage or missing items. It is your responsibility to check the items at the time of delivery!
j) Please ensure that the items are checked upon delivery. Make sure there are no damaged or missing items. The delivery driver will wait up to a maximum of 30 mins while the goods are checked. If the Driver refuses to wait, please refuse the delivery.
k) We Request that you inform us of any damaged or missing goods with 48hours from the time of delivery. Claims for transit damage or missing items may not be accepted after the 48 hour time period.
l) As soon as we have delivered the goods to your delivery address, whether to your door or to the curb, you will be responsible for them. We will only deliver to the address on the order and goods will not be left without a signature unless authorized by the person named on the order. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk.
m) Delivery charges can be found in our Delivery Policy.
5. Cancellations and Returns
a) In the unlikely event that you are not satisfied with your purchase for any reason, you have the right to cancel your order within 7 days from the day after the date of delivery. To exercise your right of cancellation you must give written notice by post, email or fax, giving details of goods ordered and the delivery details. For full details of how to return goods please contact us on 0113 320 000 55.
b) All non-faulty goods must be returned within 7days starting from the day after receipt of the goods, and we ask that all goods are returned safely, undamaged and if possible in the original packaging. Please note that a collection charge may be implemented for all non-faulty returns up to a maximum of £120.00 and that this must be paid prior to any collection being processed. We will refund your money on orders within 28 days of cancellation less any delivery cost as detailed previously. Returns outside of 28 days will not be accepted. Any returns notified after 7 days but within 28 days may be subject to an additional 25% restocking charge. On cancellation for any reason, you must return the goods at your own cost unless we agree otherwise or we confirm that you may dispose of the goods. Where the goods are being returned because they are faulty, incorrect or damaged then we will meet the cost of the return, but we ask that you allow us to nominate the carrier.
c) Please note that we can only accept returned items from registered courier services and that customers are unable to return items in person.
d) If you have any questions regarding cancellations, or returns then please call our customer care team on 0113 320 00055.
e) We are unable to accept the return of toilet seats due to health and safety regulations.
You will own the goods once we have received your payment in full. We will issue you with an electronic invoice once we have dispatched the goods to you. Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions. These terms and conditions are subject to change at any time without prior notice to you.
a) All our products are covered by a 12-month guarantee unless specified otherwise.
b) All Products supplied by Racstone.com must be fitted in accordance with the product manufacturer’s instructions and general plumbing practices. We recommend that all such products should be fitted by an appropriately qualified professional.
c) In accordance with our Delivery Policy, all products supplied by Racstone.com should be inspected by the customer for defects prior to fitting. The 12-month guarantee will not apply to a product in which an obvious defect is found after its installation.
d) The guarantee is for the original purchaser of the product and is not transferable, proof of purchase must be shown for any claim under the guarantee.
e) The guarantee does not cover any product that has been modified, altered or transformed in any way.
f) The guarantee applies only to manufacturing or material defects and does not apply to normal wear and tear, accidental damage, inappropriate use (including inappropriate cleaning) or any other events outside the manufacturer’s control. Please be aware toilet seats are omitted from any our guarantee after fitting in the interest of health and hygiene.
g) The guarantee applies only if items have been maintained according to our recommendations.
h) The guarantee applies only to the product itself and any liability on behalf of us is limited to the cost of the product.
i) If a product is found to be of faulty manufacture, we reserve the right to refund the purchase price, replace or repair the product and exclude any claim for consequential loss or damage.
j) The guarantee is only valid for products purchased and installed within the U.K
k) The guarantee excludes all non-metallic or glass components.
l) The guarantee applies to the performance of the item, not the finish. For example a tap which is still operating but not leaking which has signs of wear and tear on its chrome finish from general use will not be covered.
l) These terms and conditions do not affect your statutory rights.
a) Racstone.com does not disclose customers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
i. take and fulfil customer orders;
ii. Administer and enhance the website and service;
iii. Disclose information to third parties only for goods delivery purposes.
All rights in the Racstone.com website design, text, graphics and other content, interfaces, and the selection and arrangements therefor belong to Racstone.com All rights are reserved same as set out below. Permission is granted to electronically copy and to print hard copy portions of this website for the sole purpose of placing an order with Racstone.com or using this website as a shopping resource. Any other use of materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication is strictly prohibited.
10. Disclaimer and Limitations on Liability
a) Without prejudice to statutory rights afforded to purchasers of BathWell’s products, the information and materials contained in this website, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty, and in particular, Racstone.com does not represent or warrant that the information accessible via this website is accurate, complete or current, or that use of the website is free of risk of viruses or other damage. Price and availability information is subject to change without notice.
b) Nothing in these terms and conditions shall limit or exclude BarthWell’s liability for:
i. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); or
ii. Fraud or fraudulent misrepresentation; or
iii. Breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
iv. Defective products under the Consumer Protection Act 1987; or
v. Any matter in respect of which it would be unlawful for the Liberty Bathrooms to exclude or restrict liability.
c) Subject to paragraph 10 (b) above:
i. Racstone.com shall not be liable to the customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss arising under or in connection with the contract between Racstone.com and the customer for the sale and purchase of goods in accordance with these terms and conditions (“Contract”); and
ii. Racstone.com total liability to the customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall not exceed the price of the goods.
11. Force Majeure
Racstone.com l shall not be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a force majeure event. A force majeure event means any event beyond BathWell’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
a) If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal valid and enforceable.
13. Governing Law and Jurisdiction
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
14. Technical Advice and Fitting
Racstone.com is a retailer and not a technical expert in the field of heating, plumbing or bathroom installation. All BathWell staff are instructed not to give any form of technical advice to customers. If you have a technical query it should be directed to a suitably qualified professional, i.e. a CORGI registered gas installer or a member of the institute of plumbing. You agree that any advice given by Racstone.com or any of its employees will not be relied upon without verification with a suitably qualified professional. Racstone.com accepts no responsibility for any damage caused by your reliance on any such advice.
Racstone.com cannot supply you with advice or expertise on the fitting or installation of products. Racstone.com and the staff there are not at liberty to offer instruction for installation of any products and cannot be held responsible for mistakes made by yourself on the fitting of the product(s). We strongly advise all items supplied by Racstone.com are installed by an accredited professional.
If you are unsure of what items you need or lack the technical expertise to fully understand the specifications of the items we strongly suggest you always seek the advice of a professional before placing your order. Although Racstone.com will endeavor to do our best to make sure you get the correct products we cannot aid in the fitting of the items. Please refer to section 5 for full details of our Cancellations and Returns policy.
Racstone.com cannot be held liable for damage caused to items or property during installation either by yourself or by your installation provider. If at any point you or your installation provider are unsure, please refrain from proceeding any further and contact the manufacturer of the item for additional details. Racstone.com will not be held responsible for damage to person(s) or property or the life of the product through incorrect fitting by yourself or installation provider.
15. Compensation Certificate
In order to successfully claim your compensation certificate we require written notification in the form of a letter (unfortunately we cannot accept emails for this purpose) containing the following information:
a) Details of the order you placed with us (if it was an online order then we need the order number, if it was a phone order your Surname and Postcode), what items were on the order, your name and address and why you are dissatisfied with either the goods or the service that you have received.
b) We must receive this letter within 7 days of you receiving your goods in order for us to properly trace the causes of the problems you have experienced and make improvements based on our investigation.
c) Your compensation certificate will be in the form of a discount against your next order. In order to qualify you need to have spent at least £750 (before delivery) on the order which you have cause to complain about and we will issue you a compensation certificate which can be used against your next order of £750 or more (before delivery).
d) This certificate cannot be used in conjunction with any other offer or discount. The certificate has no monetary value and cannot be exchanged for cash. We reserve the right to withdraw this offer without prior notification.
16. Refusal of Transaction
racstone.com reserves the right to edit, amend or remove any content or materials on this website and also to discontinue or withdraw any products or services at any time.
Any transaction may be refused at our sole discretion, we also maintain the right to refuse service at any time. At any time we may withdraw products from this website you will not hold us liable to either yourself or any third party whether or not that product has been sold; editing or removing any materials or content on the website; refusing to process a transaction or reversing or suspending any transaction after processing has commenced.
To be eligible to purchase products on this Website and lawfully enter into and form contracts on this website under English law you must:
- Provide a delivery address that is in the United Kingdom. Please note that hotels, accommodation addresses, and PO box numbers addresses are not deemed as acceptable
- Register by providing us with all of the following information: your real name, phone number, e-mail address, payment details and other requested information
- Possess a valid credit or debit card issued by a bank acceptable to us
- You specifically authorize us to transmit information by making an offer to buy a product. This includes any updated information about your debit or credit card number or credit reports, to validate your credit card, to authenticate your identity, to obtain an initial credit card authorization and to authorize individual purchase transactions.
17. Variation of these Terms and Conditions
Racstone.com reserves the right to amend these terms and conditions [or terminate the trade account scheme] at any time. Any such changes will be documented on this website.