|Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Forthill Distribution Ltd. The collective work includes works that are licensed to Forthill Distribution Ltd. Copyright 2010, Forthill Distribution Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Forthill Distribution Ltd or purchasing Forthill Distribution Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Forthill Distribution Ltd or to purchase Forthill Distribution Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Forthill Distribution Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Forthill Distribution Ltd used in the site are trademarks or registered trademarks of Forthill Distribution Ltd
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Forthill Distribution Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Forthill Distribution Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Forthill Distribution Ltd does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Forthill Distribution Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Forthill Distribution Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Forthill Distribution Ltd product is mistakenly listed at an incorrect price, Forthill Distribution Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Forthill Distribution Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Forthill Distribution Ltd shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Forthill Distribution Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Forthill Distribution Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Forthill Distribution Ltd.
Your use of this site shall be governed in all respects by the laws of England., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Forthill Distribution Ltd products) shall be in the state or federal courts located in England. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Forthill Distribution Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Forthill Distribution Ltd's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Forthill Distribution Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Forthill Distribution Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Forthill Distribution Ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Forthill Distribution Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Forthill Distribution Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Forthill Distribution Ltd in its sole discretion.
You agree to indemnify, defend, and hold harmless Forthill Distribution Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Forthill Distribution Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Forthill Distribution Ltd, Forthill Distribution Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Forthill Distribution Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Forthill Distribution Ltd seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Product warranty covers parts only (not wear & tear or neglect) for 1 year unless otherwise specified. An installation invoice from a professional installer must be provided in the event of a warranty claim. We do not cover courier costs in any case. Faulty parts must be returned to us under the guarantee (at your own expense), then we will send replacement parts at our expense. All responsibility of goods lies with the buyer once they have been received. Please note that we do not cover damages caused during the installation process of your goods in any situation.
You Agree All goods must be checked on delivery and not signed for until you are fully satisfied with their condition. If in doubt please sign as damaged and report to us within 48 hours if there is any damage - claims for damaged items will not be otherwise accepted. Terms such as Unchecked or Not Checked are taken as clear acceptance of goods. If you sign for the goods, even if you write the words "Unchecked" or similar on the delivery note, then you are accepting that the goods arrived in good condition and later claims for damages will not be considered. If the driver refuses to wait while you check the goods then you must SIGN DAMAGED & Driver Could Not Wait!
You must inform us of any discrepancies whatsoever within 24 hours of delivery.
No responsibility can be accepted for any claims once the item is fitted.
We do not cover for consequential loss, labour or courier / transportation costs.
"Conditions" means General Conditions and the Special Conditions;
“General Conditions” means the conditions set out below as revised from time to time;
“Goods” means the goods (including any instalment of the goods or any parts of them) which We supply in accordance with these Conditions;
“Internet” means the global network of computer systems using TCP/IP protocols including (but not limited to) the World wide Web.
"Personal Information" means the details provided by You to Us including (but not limited to) name, delivery and billing addresses and payment information;
"Product" means a product displayed for sale;
"Product Description" means that part of the Website, catalogue or display where certain terms and conditions in respect of the individual Product are provided or such information given to You verbally in Our stores or by post or email;
"Special Conditions" means the terms and conditions in the Product Description which shall take precedence where inconsistent with the General Conditions;
"United Kingdom" means England, Wales, Scotland, England & Wales and the Channel Islands and
"Users" means the users of the Website collectively;
“Website” means the collection of pages published on the Internet with the URL [www.forthillhome.co.uk] or any other such site owned or operated by Us that may replace it from time to time;
"We/Us" means Forthill Distribution LTD and “Our”, “Ours” and cognate terms shall be interpreted accordingly;
“Working Day” means every day of the year except Saturdays and Sundays and England & Wales statutory and public holidays.
"You" means a user of this Website, any person (whether corporate or unincorporated) accessing the Website by any means, a customer purchasing from Our shop and/or a customer ordering a Product over the telephone and “Your”, “Yours” cognate terms shall be interpreted accordingly.
1. Making A Purchase
1.1 Use of the Website
1.1.1 We grant to You a single non-exclusive and non-assignable licence to access the Website and make use of the functions provided as part of the Website subject always to the Conditions which shall not be amended or waived without Our written agreement. You are provided with access to this Website in accordance with these Conditions and any orders placed by You for products must be placed strictly in accordance with these Conditions.
1.1.2 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
1.1.3 While We will use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy.
1.1.4 We cannot guarantee that the appearance/and or colours of the Goods shown on this site exactly reproduces the appearance and/or colours of the Goods themselves, this will vary according to the resolution and the screen type of your computer. All sizes quoted are approximates.
1.1.5 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
1.1.6 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website will be available to You at any time. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website. You are responsible for maintaining suitable virus protection software on Your computer.
1.1.7 We shall not be liable for the non-accessibility of this Website due to the technical inefficiency or failure (but not limited to) such failure caused by electricity supply faults or non-functionality of the Internet.
1.1.8 We accept no responsibility for the inaccessibility of this Website caused by the Users of non-compatible, defective or obsolete hardware or software, nor shall We be liable for failure to inform Users of the hardware and software required for use of the Website.
1.2 Personal Information
1.2.1 You warrant that:
22.214.171.124 The Personal Information which You are required to provide is true, accurate, current and complete in all respects; and
126.96.36.199 You will notify Us immediately of any changes to the Personal Information affecting any order by contacting Us by e-mail at [email protected].
188.8.131.52 You will not in using the Website or by telephone or at Our stores impersonate any other person or entity or use a false name or a name that You are not authorised to use.
1.3.1 We will treat all Your Personal Information obtained through the Website, by telephone and from face-to-face contact as confidential (although We may disclose this information in the circumstances set out below). We will keep it on a secure server and We will comply with current applicable English data protection and consumer legislation.
1.3.2 When You shop on the Website by telephone and in Our stores We will ask You to input and/or provide and We will collect Personal Information from You such as Your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information.
1.3.3 We may also collect information about where You are on the internet (eg Your URL, IP address, domain types such as (.co.uk and .com), Your browser type, the country and telephone area code where Your computer is located, the pages of Our Website that were viewed during Your visit, any advertisements You clicked on, and any searches that You performed on Our Website ("User Information")).
1.3.4 We confirm that any Personal Information that You provide to Us (or that is available on public registers) and any User Information from which We can identify You, is held in accordance with the notification We have provided to the Information Commissioner pursuant to the Data Protection Act 1998. We may process Your Personal Information and User Information only for the following purposes:
184.108.40.206 Processing Your orders;
220.127.116.11 Performing the contract;
18.104.22.168 For statistical purposes to improve the Website and its services to You;
22.214.171.124 To administer the Website;
126.96.36.199 To notify You of products or special offers that may be of interest to You;
188.8.131.52 Where required by law or where processing without consent is permitted by the Data Protection Act 1998.
1.3.5 You agree that You do not object to Us contacting You for any of the above purposes whether by telephone, e-mail or in writing and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
1.3.6 When You order You accept that You consent to receive information from Us by post, e-mail or telephone, about products, promotions or special offers that We feel may be of interest to You. In the event that You do not wish to be contacted for such purposes, You may unsubscribe from Our mailing list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, or by e-mailing Us at [email protected]
1.3.7 Your Personal Information will be disclosed to third parties who will help process Your order and payment. We will not release Your Personal Information to any outside company for mailing or marketing purposes not connected to Our products and services.
1.4.1 You agree fully to indemnify, defend and hold Us, and Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or that of any other person accessing the Website using Your Personal Information.
1.5 Our rights
1.5.1 We reserve the right to:
184.108.40.206 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You for any modification to or withdrawal of the Website; and/or
220.127.116.11 change the Conditions from time to time, and Your continued use of the Website (or any part thereof) or placing of any order following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website or placing any orders.
1.6 Third-party links
To provide increased value to Our Users, We may provide links to other websites or resources for You to access at Your sole discretion. You acknowledge and agree that, as You have chosen to enter the linked website, We are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. If You have a particular concern regarding the way Your personal information will be used then You are advised to read the privacy statement on the relevant site.
2. Purchase of Goods
2.1 Order Acceptance
2.1.1 In the event that Your order is not in stock We will back order for You.
2.1.2 No contract will subsist between you and Us for the sale by Us to you of any Goods unless and until We accept Your order by e-mail or otherwise in writing confirming that We have accepted Your order. Completion of the contract between You and Us will take place on the despatch to You of the Products. For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom.
2.1.3 Non-acceptance of an order may be a result of one of the following:
18.104.22.168 The product You ordered being unavailable from stock ;
22.214.171.124 Our inability to obtain authorisation for Your payment;
126.96.36.199 The identification of a pricing or product description error;
188.8.131.52 You not meeting the eligibility to order criteria set out under 2.6 in the General Conditions
but for the avoidance of doubt we reserve the right to reject any offer to buy any Goods received from any person.
2.1.4 If there are any problems with Your order, We will contact You using the Personal Information provided by You.
2.1.5 If You wish to exercise Your right to cancel this contract prior to order despatch, follow the procedure set out in Order Changes/Cancellation below. If Your order has already been dispatched please follow the procedure set out in Returns below.
2.1.6 We will take all reasonable care, as required by applicable data protection law, to keep the details of Your order and payment secure, but in the absence of negligence or breach of any applicable law on Our part We cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.
2.2 If You are purchasing Goods via the Website just browse our Catalogue, and click on any items that You wish to buy and put them into the shopping cart. After You have finished your selection, click on "Order" and You will be asked for a few details that We need to be able to satisfy the order
We accept credit card payment. If You are shopping from North America or outside the UK, Your credit card company will convert the transaction to US Dollars or Your own currency.
We accept Visa and Mastercard. All Goods must be paid for in full upon order. You may send Your credit card information via phone, fax, post or over the Internet.
2.3 Order Changes/Cancellation
2.3.1 If the contract for the purchase of Goods has been concluded via telephone, Internet or correspondence (including email) without any face to face contact having occurred between us, then You may have a 7 day period from the date when the Goods are delivered in which to cancel this contract. This right does not apply [where and to the extent that] We have started to customise any materials (including manufacturing Goods) or where We have placed Your order for customised items from Our manufacturer in accordance with Your requirements.
2.3.2 If You wish to change or cancel an order then You should contact Us as provided for below. We will endeavour to act on Your request but We may have already placed Your order with Our supplier and customisation of the Goods may have commenced or arrangements may be being made to send the Goods out to You. If this is the case then We cannot always cancel the order.
2.3.3 To change or cancel an order, e-mail us immediately [email protected]
184.108.40.206 Customer Name;
220.127.116.11 Order Number;
18.104.22.168 Date of the order;
22.214.171.124 Details of the change or cancellation.
2.3.4 If Your order is unable to be cancelled for the reasons provided above please follow the procedure set out in Our Returns policy below.
2.3.5 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 or customised to Your specifications.
2.3.6 If You are canceling because of any problem with the Goods, please notify Us of the problem at the time of cancellation.
2.4.1 If You wish to return a defective item to Us then You must inform Us in writing of any transit damage, shortages and incorrect Goods within 3 days from the date of delivery. You must report inherent defects in the Goods to Us in writing within 7 days from the date of delivery. Where We have received notification within the correct deadline then We will (at your option) replace or exchange the goods or refund the price of the item.
2.4.2 To return goods E-mail Us at [email protected] stating the reason for the return.
2.4.3 If the Goods are faulty, incorrect or damaged on delivery We will meet the cost of return (but we ask that You allow Us to nominate the carrier) and We will refund the price paid for the Goods including delivery charges. Where substituted Goods have been provided and they need to be returned We will meet the cost of return, whatever the reason for the return.
2.4.4 Please ensure in both of the above situations that the item is securely wrapped for transit. Failure to comply will mean that We will deduct Our recovery costs from any refund We owe You.
2.4.5 Once We have received and verified the returned item We will initiate the refund, replacement or exchange.
2.4.6 This policy is in addition to any statutory rights that You may have as a consumer, which remain unaffected.
2.5 Description of Products
2.5.1 Each Product purchased is sold subject to its Product Description which may set out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
2.5.2 We will take all reasonable care to ensure that all details, descriptions and prices of Products are correct at the time when the relevant information was entered onto the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment You place an order. We cannot confirm the price of a Product until Your order is accepted in accordance with Our Order Acceptance policy above.
2.5.3 For the purposes of Regulation 7 & 8 of the Distance Selling Regulations 2000 You acknowledge that the information available in the vicinity of the Products on the Website is provided in discharge of Our obligation to provide information to consumers. You are invited to produce a hardcopy of that information from the Website to retain for Your records.
2.6.1 All quotations provided by Us to You are valid for thirty days.
2.6.2 All prices are shown inclusive and exclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of Your order is the price of the Products ordered including VAT, plus delivery charges. Payment can be made by any of the methods specified in the Conditions and payment will be debited once the Goods have been ordered
2.6.3 We reserve the right to make adjustments to the price 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. We will inform You of the correct price and give You the opportunity to cancel the order
2.6.4 You confirm that the credit or debit card You use to place an order is Yours.
2.6.5 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to Us, We may refuse Your order.
2.6.6 All card payments are processed by Paypal Checkout Express Pro or other such person as We may nominate from time to time.
2.6.7 UK Orders are subject to shipping charges:
2.7 Refusal of Transaction
2.7.1 We reserve the right to withdraw any Goods from the Website or Our catalogue or stores at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason to anyone at any time at Our sole discretion. We will not be liable to You or any third party by reason of Our withdrawing any Product, removing or editing any materials or content on the Website; refusing to process a transaction or suspending any transaction after processing has begun.
2.7.2 To be eligible to purchase Products on the Website and lawfully enter into and form contracts on the Website under England & Wales law You must:
126.96.36.199 Be over the age of 18 years,
188.8.131.52 Register by providing Your real name, phone number, e-mail address, payment details and other requested information;
184.108.40.206 Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
220.127.116.11 Possess a valid credit or debit card.
2.7.3 By making an offer to buy Goods, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your debit or credit card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
2.7.4 In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, We shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If Your credit card has already been charged and We subsequently cancel Your order, We will immediately issue a credit to Your credit card account in the value of the incorrect price (including delivery charges).
3. Delivery Schedule
3.1.1 Where delivery or despatch times are stated anywhere on the Website, the times are approximates only and while We endeavour to deliver to You within the time stated, delivery could be delayed due to events beyond Our control. The time of delivery is not the essence of the contract. For the avoidance of any doubt We shall not be liable for any loss arising from delay in delivery or non-delivery.
3.1.2 In the majority of cases Goods will be delivered to You by a third-party carrier and the cost of delivery will be included in the total price of the order and notified to You on the checkout page of the Website, prior to completing your order.
3.1.3. Delivery times are as agreed between Us and You and not as provided for in The Consumer Protection (Distance Selling) Regulations 2000 where applicable.
3.1.4 We may deliver the Goods in installments, and each delivery shall constitute a separate contract and failure by Us to deliver one or more of the installments in accordance with these Conditions shall not entitle You to treat the contract as a whole repudiated.
3.1.5 Notification of short delivery or damage in transit must be made in writing to Us within three days of the receipt of the Goods.
3.1.6 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.
3.1.7 We will only deliver Goods to the address on the order.
3.1.8 If for any reason You do not accept delivery of any Product in accordance with this paragraph then We may charge You an additional fee to cover any reasonable direct cost incurred by Us as a result.
3.1.9 We will deliver to Your delivery address where possible provided that the property is situated on a hard road point.
3.1.10 Where Your order consists of heavy and/or bulky Goods assistance must be available to Our drivers to offload the Goods. In the event that no assistance is available then We will not be in a position to offload the Goods and We will charge a fee of 15% of the price of the Goods for re-delivery.
3.1.11 Where the Goods can be offloaded by the drivers with no assistance and You have requested that the Goods are left at your property then the Goods will be left at the property at Your own risk.
3.1.12 For the avoidance of doubt, You will be responsible for the Goods as soon as they have been delivered to Your delivery address. From the time of delivery of the Goods any loss or damage to the Goods shall be at Your own risk.
3.1.13 Do not arrange for installation of the Goods until they have been delivered and checked for correctness, damage and shortages by You.
3.1.14 Upon delivery of a Product you should carefully inspect the Goods. If any of the Goods are damaged or lost, please contact us to inform us of the problem and do not use the Goods.
4. Property and Risk
4.1 Risk of damage to or loss of the Goods shall pass to You:
4.1.1 in the case of Goods to be delivered at Our premises, at the time when We notify You that the Goods are available for collection; or
4.1.2 In the case of Goods to be delivered otherwise than at Our premises, at the time of delivery or, if You wrongfully fail to take delivery of the Goods, the time when We have tendered delivery of the Goods.
4.2 The property in the Goods shall not pass to You until We have received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be supplied by Us to You for which payment is then due.
4.3 Until such time as the property in the Goods passes to You, You shall hold the Goods as Our fiduciary agent and bailee, and shall keep the Goods separate from those of Your own and third parties and properly stored, protected and insured and identified as Our property. Until that time You shall be entitled to resell or use the Goods in the ordinary course if its business, but shall account to Us for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of Yours and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
4.4 Until such time as the property in the Goods passes to You (and provided the Goods are still in existence and have not been resold), We shall be entitled at any time to require You to deliver up the Goods to Us and, if You fail to do so forthwith, We and any authorised servants and agents are hereby irrevocably authorised without the need for consent of any third party to enter upon Your premises or any third party premises where the Goods are stored and repossess the Goods.
4.5 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain Our property, but if You do so all the monies owing by You to Us shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
5.1 Subject to the Conditions, We warrant that the Goods shall at the date of delivery to You be free from defects in workmanship and materials.
5.2 All Goods come with manufacturer’s guarantee where and to the extent transferable to You.
6.1 Intellectual property and right to use
6.1.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website or otherwise by Us shall remain at all times vested in Us or the owners under licence from whom the content appears. You are permitted to use this material only as expressly authorised by Us.
6.1.2 You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material including (but not limited to) reproduction, modification, distribution, transmission, removal, deletion, addition, display, performance, or replication of the content of the Website or any other manner of exploitation of any contents of the Website or Our catalogue in part or in whole is strictly prohibited.
6.1.3 Any copyright material posted on this Website or in Our Catalogue which is not Our property is acknowledged as such. All right to this copyright remain with the proprietor of the copyright subject to a licence to Us.
6.3 Limitation of liability
6.3.1 We will not be liable in contract, tort (including, without limitation, negligence), or for pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
18.104.22.168 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
22.214.171.124 any loss of goodwill or reputation; or
126.96.36.199 any special or indirect losses;
suffered or incurred by any party arising out of or in connection with any use of the Website.
Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants or employees.
6.3.2 Any advice or recommendation given by Us or Our employees or agents to You or Your employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by Us is followed or acted upon entirely at Your own risk, and accordingly We shall not be liable for any such advice or recommendation which is not so confirmed.
6.4 Force Majeure
6.4.1 We shall not be liable to You where performance of any of Our obligations to You is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of Government or any other cause not within Our reasonable control.
6.5.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
6.6.1 No waiver by Us of any provision of the Conditions shall be construed as a waiver of any proceeding, succeeding or continuing breach of any provision of the Conditions.
6.7 Entire agreement
6.7.1 These Conditions govern Our relationship with You. Any changes to these Conditions must be in writing and signed by both parties. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation.
6.7.2 Nothing in this Clause shall limit or exclude Our liability in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions.
6.8.1 The Conditions shall be governed by and construed in accordance with the laws of England & Wales and You irrevocably submit to the exclusive jurisdiction of the courts of England & Wales.
6.8.2 The submission by the parties to such jurisdiction shall not limit Our right to commence any proceedings arising from any breach of these conditions in any other jurisdiction it may consider appropriate.
6.8.3 In the event that You are resident outside England You shall not object to any application by Us for an alternative means or place of service or dispensing with service of any court proceedings.
6.9 Statutory Rights6.9.1 Where You are a consumer as defined by the Distance Selling Regulations 2000 Your statutory rights are not affected by the Conditions.
7.0.1 Do not book your installer until you have received and checked the goods.
7.0.2 No responsibility can be accepted for any claims once the item is fitted.
7.0.3 We do not cover for consequential loss, labour or courier / transportation costs.
7.0.4 Due to the nature of steam shower & whirlpool products and in the interests of health & safety we cannot accept returns on these items once they have been unpacked, we do offer a 12 months parts only guarantee incase of any manufacuring defects but this does not include labour costs. The supplier will cover electrical (excluding lights) parts, mechanical components, jets, hoses, and steam generators against manufacturing defect. Damage caused by improper handling, accidental damage, cleaning materials that could cause rust and casue chrome finishes to peel, damage to glass, tubs,trays or metal fittings, and scale damage due to hard water will not be covered. Excessive use of the steam generator or loose connection of the steam outlet pipe will cause cracking or crazing to the tub or tray - this cannot be covered by guarantee. As part of the commisioning process the units must be checked for any defects before finalising installation. All steam showers and whirlpool baths must be isolated when not in use. Installation must only be carried out by a professional qualified installer for the guarantee to be valid.
7.0.5 Please note that due to manufacturer improvements slight differences can occur when compared to images used such as steam shower & Whirlpool control panels and light configurations but all features are generally the same and are normally improved upon as a result in changes.
7.0.6 Returns & Re-stockage - If you change you mind and which to send back un-opened goods that are outside the terms of the distance selling act then there will be a re-stockage of 25%, the customer must ensure that the goods are returned at their expense in good re-sellable as new condition and make sure that the return delivery is fully insured against damage in transit. If goods are returned are damaged in transit then we will refuse the goods and no refund will be issued.
By completing a sale and sending an order online at www.ForthillHome.co.uk you automatically agree to all the above terms and also agree to our Returns Policy & Shipping Information