This agreement applies as between you, the User of this website and Smart Showers Limited, the owner of this website, trading at
Unit 11, Woodside Road, South Marston Park, Swindon. Wiltshire, SN3 4WA. Company Registration Number 03077851.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon delivery of the goods to you. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
1. Age Restrictions
Persons under the age of 18 should use this website only with the supervision of an adult. Payment information must be provided by or with the permission of an adult.
2. Business Customers
These Terms and Conditions also apply to customers buying goods in the course of business.
3. International Customers
International customers will need to contact us regarding the shipping and packaging costs. The charges shown on the site are based on UK mainland destinations.
If goods are being ordered from outside Smart Showers' country of residence, import duties and taxes may be incurred once the goods reach their destination. Smart Showers is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser is buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Smart Showers gives no guarantee that the packaging of the goods will be free of signs of tampering.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Smart Showers, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Smart Showers.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and designs belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Links to Other Websites
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Smart Showers or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
6.1 Links to this Website
Those wishing to place a link to this website on other sites may do so only to the home page of the site www.smartshowers.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Smart Showers. To find out more please contact us by email.
7. Use of Communications Facilities
7.1 When using the enquiry form or any other System on the website you should do so in accordance with the following rules:
7.1.1 obscene or vulgar language must not be used;
7.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 Content that is intended to promote or incite violence must not be submitted;
7.1.4 it is advised that submissions are made using the English Language as we may be unable to respond to enquiries submitted in any other languages;
7.1.5 The means by which Users identify themselves must not violate these terms of use or any applicable laws;
7.1.6 Users must not impersonate other people, particularly employees and representatives of Smart Showers or our affiliates; and
7.1.7 our System must not be used for unauthorised mass-communication such as "spam" or "junk mail".
7.2 You acknowledge that Smart Showers reserves the right to monitor any and all communications made to us or using our System.
8. Accounts
8.1 In order to purchase Goods on this website you may create an account which will contain certain personal details and Payment Information which may vary based upon a User's use of the website as we may not require payment information until a purchase is to be made. By continuing to use this website you represent and warrant that:
8.1.1 all information you submit is accurate and truthful;
8.1.2 you have the authority to submit Payment Information where any such authority is required; and
8.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
8.2 It is recommended that you do not share your Account details, particularly your username and password. Smart Showers accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
8.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Smart Showers immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Smart Showers accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
8.4 When choosing a username Users are required to adhere to the terms set out above. Any failure to do so could result in the suspension and/or deletion of your Account.
9. Termination and Cancellation
9.1 Either Smart Showers or a User may terminate an Account. If Smart Showers terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
9.2 If Smart Showers terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
9.3 Smart Showers reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
9.4 If purchases are cancelled by Smart Showers for any reason prior to dispatch, Purchasers will be refunded any monies paid in relation to those purchases.
9.5 If you terminate your Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
10. Goods, Pricing and Availability
10.1 Whilst every effort has been made to ensure that all graphical representations and deions of Goods available from Smart Showers correspond to the actual Goods, Smart Showers is not responsible for any variations from the deion. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 12.1 for incorrect Goods.
10.2 Where appropriate, you may be required to select the required model of the Goods that you are purchasing.
10.3 Smart Showers does not represent or warrant that such Goods will be available. Stock indications are provided on the website however these may not take into account sales that have taken place during your visit to the website at the time of going online. Smart Showers reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
10.4 In the event that prices are changed during the period between an order being placed for Goods and Smart Showers processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
10.5 All prices on the website exclude VAT. Shower Showers' VAT number is GB663388505.
11. Delivery
11.1 Smart Showers will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
11.2 If Smart Showers receives no communication from you, within 24 hours of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
11.3 Smart Showers primarily supplies to mainland Great Britain. Customers outside the mainland wishing to purchase from the website should send an email to admin@smartshowers.co.uk giving their full address and details of their proposed purchases so that we can estimate the most cost effective way of sending the goods.
12. Returns Policy
Smart Showers aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
12.1 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 7 calendar days to arrange the return of the item(s). You must take reasonable care of the goods while in your possession. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
12.2 If any Goods purchased have faults when they are delivered, the Purchaser should contact Smart Showers within 7 days to arrange the return of the item(s). Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
12.3 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
12.4 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to Smart Showers within 24 hours to arrange the return of the item(s). Upon receipt of the returned Goods, the price of the Goods and the delivery charge, as paid by you, will be refunded through the payment method used when the Goods were purchased.
12.5 Consumers have a statutory right to a 'cooling off' period. This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are a consumer and buy online or by phone, your consumer rights entitle you to a full refund including any basic delivery charge if you request one in writing within 14 days of receipt, provided you have not used the goods, they are undamaged and retained in the original packaging. The refund will be processed within 14 calendar days of receiving the returned item. Please note that you are responsible for returning any unwanted items at your own cost.
Where a product has been specially ordered for you, unless faulty, we are unable to refund or offer an exchange. We will make this clear to you at the time of your order and on your order confirmation.
You can submit an electronic cancellation form from our website, please click here.
12.6 If the Purchaser wishes to return Goods to Smart Showers for any of the above reasons, please contact us via the Cancellation Form, or call us on 01793 822775 or email us at admin@smartshowers.co.uk to make the appropriate arrangements and be issued with a returns number.
12.7 Smart Showers reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
12.7.1 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 recommend that you use a recorded delivery service. If returned goods are lost or damaged in transit, we reserve the right to withhold amounts to cover such loss or damage;
12.7.2 Any use that you may have already had out of the Goods;
12.7.3 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
12.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
13. Privacy
Use of the website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
14. Disclaimers
14.1 Smart Showers makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
14.2 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
14.3 No part of this website is intended to constitute a contractual offer capable of acceptance.
15. Changes to the Service and these Terms and Conditions
Smart Showers reserves the right to change the website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the website is used by them following the changes. If Smart Showers is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
16. Availability of the Website
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Smart Showers accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
17. Limitation of Liability
17.1 To the maximum extent permitted by law, Smart Showers accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.
17.2 Nothing in these Terms and Conditions excludes or restricts Smart Showers' liability for death or personal injury resulting from any negligence or fraud on the part of Smart Showers.
17.3 Nothing in these Terms and Conditions excludes or restricts Smart Showers' liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the website.
17.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
20. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
21. Law and Jurisdiction
These terms and conditions and the relationship between you and Smart Showers shall be governed by and construed in accordance with the Law of England and Wales and Smart Showers and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.