Terms and Conditions
Terms and Conditions
Please read the following important terms and conditions before you purchase any product on our website and check that they contain everything you want and nothing that you are not willing to agree to.
IMPORTANT INFORMATION: ANY GOODS PURCHASED FORM US MUST BE USED ACCORDANCE WITH THE INSTRUCTIONS MANUAL PROVIDED, AND THE SPECIFIC GUIDANCE AVAILABLE ON THE SPECIFIC GOODS PAGE ON OUR WEBSITE. WE ACCEPT NO LIABILITY FOR ANY DAMAGES (INCLUDING PERSONAL INJURY) OR LOSSES CAUSED BY THE IMPROPER USE (OR MISUSE) OF OUR GOODS WHERE YOU HAVE NOT FOLLOWED THE GUIDANCE PROVIDED AS TO THE INSTALLATION AND MAINTENANCE OF OUR GOODS.
SOME OF OUR GOODS ARE NOT SUITABLE FOR USE WITH ELECTRONIC SHOWERS, AND WE ACCEPT NO LIABILITY FOR ANY LIABILITY ARISING FROM SUCH USE, UNLESS SPECIFICALLY ADVISED BY US THAT IT IS SAFE TO DO SO.
These terms and conditions form the contract between you and us (the ‘contract’) and set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘we’, ‘us’ or ‘our’ means Showery ; and
- ‘you’ or ‘your’ means the person using our site to buy goods from us.
Who are we?
We are Showery, which is a trading name for Everything on Sale Limited, a company registered in England a Wales under company registration number 11295280 whose registered office is located at Ground Floor, Unit 14, Apex Court, Woodlands Bradley Stoke, Bristol, BS32 4JT. Our VAT number is: GB366465369.
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
If you have any questions about this contract or any orders you have placed on https://showery.com, please contact us by sending an email to us at info@showery.com. You may also write to us at Ground Floor, Unit 14, Apex Court, Woodlands Bradley Stoke, Bristol, BS32 4JT, United Kingdom.
Introduction
If you buy goods on our website you agree to be legally bound by this contract.
This contract is only available in English. No other languages will apply to this contract.
When buying any goods on our site you also agree to be legally bound by:
our website terms and conditions and any documents referred to in them;
any additional or extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice; and specific terms which apply to certain goods. If you want to see these specific terms: (i) please read the information provided as to the restrictions on use of the goods, as well as any warnings and safety information on the goods webpage; and (ii) please read the instructions manual provided with the goods which contains information about the use, installation, maintenance and safe use of the goods.
All of the above documents form part of this contract as though set out in full here.
Information we give you
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. We have therefore ensured that such key information is included within these terms and conditions, and ask that you read the order acknowledgement email which contains the product description disclosures required under law (such as description and price).
The key information we give you by law forms part of this contract (as though it is set out in full here).
Your privacy and personal information
Our Privacy Policy is available on our website.
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
Ordering goods from us
Below, we set out how a legally binding contract between you and us is made.
You place an order on the site by https://showery.com Please check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
We may contact you to say that we do not accept your order. This may be for any of the following reasons:
- the goods are unavailable;
- we cannot authorise your payment;
- you are not allowed to buy the goods from us;
- we are not allowed to sell the goods to you;
- you have ordered too many goods; or
- there has been a mistake on the pricing or description of the goods.
- a legally binding contract will be in place between you and us; and
- we will dispatch the goods to you.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire physical possession of the goods.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or email) using the contact details at the top of this page and clearing stating your order number.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
14 days after the day we received back from you any goods supplied; or
(if earlier) 14 days after the day you provide evidence that you have returned the goods; or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Delivery
We use various service providers to deliver our goods.
The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.5). Please note that we cannot guarantee that the goods will be delivered in accordance with the estimated date
If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
Delivery will take place at the address specified by you when you placed your order with us.
Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date of your Confirmation Email, please contact us and we will at your choice:
- expedite the existing delivery (if possible); or
- arrange for replacement goods to be despatched to you; or
- cancel your order and give you a refund.
- If nobody is available to take delivery, our service provider may attempt to redeliver the goods. Please contact us for assistance with delivery if nobody is available to take delivery and/or re-delivery so that we can assist you in receiving the goods.
You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or another person takes possession of the goods on your behalf.
We may deliver your goods in instalments if it is necessary to do so.
Payment
We accept all major credit cards and debit cards. We do not accept cash or cheques.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
Your credit card or debit card will only be charged when the goods are dispatched.
All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps if required by your card issuer via:
- Verified by Visa;
- Mastercard®SecureCodeTM; or
- American Express SafeKey.
If your payment is not received by us and you have already received the goods, you must pay for such goods as soon as possible and in any case within 5 days. or If you do not pay for the goods, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.
All prices are in pounds sterling (£) (GBP) and include VAT at the applicable rate.
Nature of the goods
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality. Our goods are tested from time-to-time, however, we cannot guarantee the performance of the product or that its use will meet your desired needs.
We are under a legal duty to supply you with goods that are in conformity with this contract.
The packaging of the goods may be different from that shown on the site.
While we try to make sure that:
all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements in the goods; and
the colours of our goods are displayed accurately on the site, the actual colours that you see on your device may vary depending on the goods that you have ordered.
In the event that we issue a discount code for our customers to use when purchasing goods from us, such discount code can only be applied to one order, and may not be reused or used for multiple orders. We reserve the right to withdraw any issued discount code, or amend or change the terms applicable to any discount code, which are non-transferable and have no financial value.
We may carry out prize draws, giveaways or other competitions or promotions on our website. The length of time and conditions of entry and prizes may be amended or withdrawn by us, acting in our absolute discretion, from time-to-time. Any prize draws, giveaways or other competitions or promotions are not an offer for sale and do not form a legally binding contract between us and any entrant/participant and we are under no obligation to provide goods to any entrant/participant.
Faulty goods
If your goods are faulty, please contact us using the contact details at the top of this page.
End of the contract
If this contract is ended it will not affect our right to receive any money which you owe us under this contract.
Limitation on our liability
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- losses that arise due to the misuse of our goods, including where you have failed to use the goods in accordance with information provided as to the instructions for use, warnings, limitations, installation, maintenance and safety of the goods;
- losses that were not caused by any breach on our part;
- business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);
- losses that were not foreseeable to you and us when the contract was formed; or losses to non-consumers.
We will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions if they delay or failure arises from any cause or event that is beyond our reasonable control.
Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
Disputes
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible.
Our Complaint Handling Policy can be accessed on our website.
If a dispute cannot be resolved in accordance with our Complaint Handling
Policy or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
If you do not wish to use ADR or you are unhappy with the outcome of ADR, you can still bring court proceedings.
The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
