1. Who are we and our contact details
1.1 Plumbcraft and Rooms by Design are trading names of PLUMBCRAFT (YORKS) LTD. We’re a company registered in England and Wales with company number 10714112 whose registered address is at Unit 4 Finkills Way, Northallerton, North Yorkshire, England, DL7 8UQ.
1.2 You can get hold of us in any of the following ways:
a. by telephoning us on 01609 775233;
b. by emailing us at info@plumbcraft.net; or
c. by writing to us at The Garth, Darlington Road, Northallerton, DL6 2NN.
1.3 In case you need it, our VAT number is 10714112.
2. What do these terms do and why are they important?
2.1 These terms and conditions are important. Please read them carefully before you place an order with us. They explain how we will provide you with the goods and/or services that you have ordered. They describe our payment terms and delivery times. They also set out the situations in which this contract may be amended or cancelled by you or by us and what you should do if there is a fault with the goods and/or services which we have provided to you, amongst other matters.
2.2 If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
2.3 We only sell goods and services in the UK.
3. Your personal details and how we will contact you
For information about how collect and use your personal information, please see our privacy notice which is available here: https://www.plumbcraft.net/privacy-policy/
4. Order Process and the Contract between you and us
When you place an order with us the legal contract between you and us will only come into existence when we tell you that we can provide the goods and/or services to you. If we tell you that we cannot provide the goods and/or services to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods and/or services, and we have already received payment from you, then we will promptly refund you for any goods and/or services which we cannot provide to you.
If you have placed an order with us you may have been provided with an estimate or quotation in advance.
(a)A fixed price quotation is a fixed price for specific planned work (goods and services) detailed in writing in the quotation. A fixed price quotation is posted or emailed to you after a visit to your property, which allows you to decide and enter into a contract when you are ready to do so and under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 is an 'on premises contract'. The price is fixed regardless of the actual labour and materials required. Only work, (goods and services) specifically detailed in the quotation are included in the price. If you want something that has not expressly detailed, you must request it be added to the written quotation in advance of placing the order otherwise it is not included. Quotations can only be provided for new product installations – for repairs, maintenance and breakdown work all costs will be estimated.
(b) An estimate is an indication of the approximate cost of work (goods and services) requested. An estimate may be given verbally, posted or emailed to you in advance which allows you to decide and enter into a contract when you are ready to do so and under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 is an 'on-premises contract'. Only work, (goods and services) specifically detailed in the estimate are included in the estimate. The actual cost of the work may be higher or lower than the estimate and will be calculated and invoiced after work has been completed according to the actual labour and goods/materials supplied. Labour is calculated according to time spent by any employee working on your project including time spent; at your property, travelling to and from your property or collecting and sourcing goods and materials, registering products, liaising with manufacturers, inspecting/ testing/ fault finding/diagnosis and system design or technical specification, this can include administrative and technical duties that take place away from your property. Estimates may be provided for maintenance and repairs or new installations.
(c) When providing estimates or quotations the company assumes that all existing plumbing, electrical and previously installed products and appliances installed in the property are in reasonable condition and have been correctly installed and comply with relevant building regulations. If after placing your order or during the course of carrying out work it is discovered that any pre-installed or pre-existing pipework, electrics, products or appliances have been incorrectly installed and/or do not comply with relevant building regulations or are leaking, worn or otherwise faulty or defective you will be responsible for any costs associated with correcting and bringing the pipework, electrics, products or appliances up to meet current building regulations. Any additional goods, services, repairs, replacements or remedial work required or requested after the order has been placed will be invoiced in addition to the quotation or estimate according to quantity of labour and goods/materials supplied at our standard rates.
(d) If you have not requested or been provided with an estimate or quotation in advance of work commencing or where additional or remedial work is requested or required after the order has been placed, any labour / services or goods supplied will be invoiced in arrears at our standard rates according to time taken and goods/materials supplied.
About the goods
4.1 Any descriptions or images of the goods, and the packaging in which they are provided, which are set out in our catalogues, literature or on our website, are for illustration purposes only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions, images or samples. We reserve the right to substitute goods with comparable suitable alternatives .
4.2 Many of our goods are handmade which means that the size, dimensions or weight of the handmade goods may vary by up to 3% above or below the amounts quoted in our catalogues or on our website.
4.3 If you place an order for goods that are to be made to measurements which you have given to us, then you must ensure that those measurements are accurate. You are responsible for them.
4.4 All goods/products are specifically sourced for each individual order and are non cancellable and non refundable after the order has been accepted. Bespoke products are made to order several weeks prior to installation and are non cancellable and non refundable after the order has been accepted.
5. Changes to goods and/or services
5.1 If you have placed an order based on a written quotation and would like to make a change to the goods and/or services which you have placed an order for, then please contact us as promptly as you can. We will always be happy to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, or delays to work whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.
5.2 In some circumstances we may need to make minor changes to the goods and/or services which you ordered. As these are minor changes and will not affect your use of the goods and/or services they will not give you the right to cancel the order. These minor changes are likely to be:
a. because we need to update the goods and/or services to implement a change in the law, or a regulatory requirement; and/or
b. because we need to make minor technical or cosmetic changes or enhancements including changing products to comparable quality products that will not affect your use, or handling of the goods and/or services.
c. because of issues or delays within the supply chain.
5.3 It is possible that exceptionally, we may need to make a more major change to the goods and/or services. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 12.1 (cancellation terms) of these terms and conditions will apply.
The changes we expect to fall under this section are:
a. We are unable to provide goods and/or services that would achieve the intended purpose of the order.
6. Payment details
6.1 If you have been provided a written quotation the price of the goods and/or services will be the price set out in our written quotation at the time when you place your order. If no written quotation was provided prior to work commencing, the price of goods and services will be chargeable at our standard prices and labour rates for time spent associated with fulfilling your order, both at your property and away from your property and for all goods supplied.
6.2 We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the price against our supplier price list in force at the time of your order. If an error has been made and the price in the price list is higher than the price in your order, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract section 12.1 (your right to cancel) of these terms and conditions will apply).
6.3 When you need to pay depends on whether what we provide you with is goods or services or good with services:
a. For one-off goods, you must pay for them upon placing the order and before delivery/collection;
b. For goods with services where a written quotation has been provided in advance, you must pay the applicable deposit and make payments inline with the payment schedule. If you are intending to use finance to pay for the goods and services you must have an accepted finance application in place prior to confirming your order and you must have paid the applicable deposit.
c. For one-off services or goods with services where a written quotation has not been provided in advance we will invoice you in arrears for the goods and services. You must pay each invoice within 7 days of the date of the invoice;
6.4 We accept payment by cash, credit/debit card or bank transfer. We do not accept cheques.
6.5 If you do not pay us on time, we may charge you a late payment fee of £40 + VAT and interest at the rate of 8% a year above the base rate of Bank of England from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is overdue. It will accrue whether or not it is before or after any court judgment. You must pay the interest to us when you make payment to us of the amount that is overdue. If you write to us and request it, we will send you a statement of the interest you owe us to date, and the additional amount being added each day. You must pay all costs and expenses (including costs on a solicitor/client basis and debt collectors' costs) we incur in enforcing or attempting to enforce our rights under this clause and otherwise under these Terms and Conditions.
7. Delivery and Collection of goods and supply of services
7.1 Before you place your order we will let you know when we will deliver the goods and/or services to you and when we will install goods.
7.2 We will contact you if we are delayed in delivering the goods and/or services to you or if we are delayed in installing the goods because of circumstances which are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods and/or services which you have paid for but not yet received.
7.3 If you told us that you would like to collect the goods, then you can collect them once we have confirmed that they are ready for collection. You can collect them between 9am - 5pm Monday to Friday. If you do not collect the goods from us within a reasonable time of us letting you know that they are ready for collection, we will contact you about what to do next, and we may charge you for the storage costs we incur during this period. If we are still unable to arrange collection of the goods with you, then we may cancel the contract, and the consequences set out in section 13.1 will apply.
8. Responsibility for and ownership of goods
8.1 You will be responsible for goods from the point at which we deliver the goods to you, or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us.
8.2 You will only own the goods once we have received full payment for them.
9. Your obligations
9.1 We will inform you during the order process of information which we need from you in order to provide you with the goods and/or services. We will contact you to request this information.
9.2 If you don’t provide us with this required information in a reasonable time, or if information which you give us is not accurate, we may cancel the contract (and the consequences set out in section 13.1 (our rights to cancel the contract) will apply), or we may charge you for the additional costs which we incur as a result.
9.3 If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods and/or services, or if we do not provide any part of them to you.
9.4 So that we can supply the services to you and/or install the goods, you will need to allow us access to your property. If you do not allow us access to your property at the time and date arranged with you we will contact you for instructions about what to do next and we may charge you for the additional costs which we incur as a result of you not allowing us access. If we are still not able to make arrangements with you for access to your property then we may cancel the contract and the consequences set out in section 13.1 will apply.
10. If there is a fault with the goods and/or services
10.1 We hope that you are satisfied with the goods and/or services which we have supplied to you, but if there is a fault with them, then please contact us using the details set out in section 1.
10.2 We must provide goods and/or services to you which meet your consumer rights.
10.3 This section 10.3 provides you with a summary of your consumer rights if there is a fault with the goods and/or services which we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on citizensadvice.org.uk or call 03454 04 05 06 or your local Trading Standards Department.
a. If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods you're entitled to the following:
If a product you have bought is found to be damaged at the time of delivery (or collection if applicable) you will have the following options:
i) A right to reject the product. In this case it should be returned to us and a refund of the money paid for the product will be made to you as soon as possible, usually within 14 days of rejection being accepted and using the same method as the original payment.
ii) A right to keep the product. If the product can still be used despite the damage, or you wish to keep the product, we will arrange for a repair, or give the option of a replacement. If repair or replacement is not possible, the product must be returned to us, in which case you will receive a refund of the product.
If any fault is discovered within 30 days of delivery, please contact us as soon as you notice the defect. We will discuss your options including repair or replacement. In the event that a repair to the product cannot be made, we will replace the product or give you a refund of the product. Again, the product must be returned to us before a refund can be given.
In the event that any product develops a fault after 30 days, please contact us as soon possible. After 30 days and up to 6 months from delivery you must give us an opportunity to inspect and repair the product first (or offer you a replacement). If we are unable to resolve the issue this way then you may be entitled to a refund of the product. If you report a fault after 6 months from the date of delivery then you will have to provide evidence that the product is faulty rather than damage being due to reasonable wear and tear. If the fault has been caused by you, then we may still be able to help you but will have to charge you for the cost of repairs depending on the extent of the damage.
After 6 months, if your goods do not last a reasonable length of time you may be entitled to a repair or replacement. In most cases you should make a warranty claim directly to the product manufacturer in the first instance.
If you decide to trigger your consumer rights to reject goods, then you must return the goods in person to the place where you bought
them.
b. If we have provided you with services, which includes goods that have supplied with services/installation the Consumer Rights Act
2015 says:
a. You can ask us to repeat, fix or repair a service if it’s not carried out with reasonable care and skill. If it is impossible to repeat, fix or repair the service you may be entitled to a price reduction.
b. If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c. If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time.
11. Our liability if you suffer loss or damage
11.1 If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in providing the goods and/or services to you, then we are liable to you for loss and damage which you suffer and which we cause, so long as the loss or damage which is caused is foreseeable. Loss or damage is foreseeable if it is obvious that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
11.2 Where we are providing services and/or installing the goods at your property, we will make good any damage which we cause to your property whilst providing the services and/or installing the goods. It should be noted that construction work is disruptive and accessing hidden pipework/ voids will often require damaging cosmetic finishes. If we make holes in walls, ceilings or floors to gain access to your heating or water system, electrics or access concealed parts inside boxing, inside furniture/cupboards, behind bath panels, behind tiles etc to carry out a repair, we may not be able to repair the damage caused to gain access. We may use filler/mortar to patch up any holes we make. However, we will not replace the original surface or construction if access is required to hidden / covered pipework or parts. Please arrange for repair/decorative work to restore the finish to be completed by a suitably competent person after work has been completed. You should expect redecoration, plastering, joinery, building work or other trades to restore the property back to the desired finish where major works are being carried out and it is likely in most cases of minor plumbing work that redecorating afterwards will be necessary. If you would like the us to arrange this for you, you should request this prior to work commencing and this will either be added to the quotation (if requested in advance) or be charged based on labour and materials used.
11.3 We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods and/or services (a summary of which is set out in section 10.1 - faults with goods/services) or for providing you with defective items under the Consumer Protection Act 1987.
11.4 If we provide any advice to you, including in any instructions or manuals provided to you with the goods and/or services, then you should follow these carefully. We will not be liable to you for any damage which is caused due to your failure to follow such advice or instructions.
11.5 We only provide goods and/or services for private and domestic use. We do not provide them for business or commercial use. If you do use the goods and/or services for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.
12. Your rights to cancel the contract
12.1 If any of the following circumstances apply, you have the right to cancel this contract immediately:
a. we have informed you that there was an error with the price or the description of the goods and/or services when you placed the order, and you now do not wish to proceed based on the correct price or description;
b. we have informed you that we need to make a major change to the goods and/or services (see section 5.3 - changes to goods/services) and you do not want to proceed with the change;
c. there is a significant delay in providing the goods and/or services to you, because of circumstances which are not within our control (see section 7.2 – supply of goods/services);
d. you have some other legal right to cancel the contract because of something we have done.
If you do cancel the contract for any of the above reasons (section 12.1(a) to 12.1(e)) then we will provide you with a refund for any goods and/or services which you have paid for but we have not yet provided, or we may provide you with a refund for any goods and/or services which have not been properly provided to you.
12.2 If there is a fault with the goods and/or services which we have provided to you, please see section 10 (faults with goods/services) of these terms and conditions.
12.3 There is no Right To Cancel "on premises" contract for any other reason which is not set out in section 12.1 (your right to cancel), including if you have changed your mind. If you do cancel you will have to contribute towards our costs which we have already incurred by preparing your order, which may be more than you have paid to us when you cancel. This will be 100% of the cost of any bespoke custom made items and/or for any goods that have been specifically ordered for you and could be upto 100% of the order. If you notify us within 48 hours of placing your order we may be able to prevent any costs being incurred with our manufacturing and suppling partners. Cancellations and amendments more than 48 hours after the order is placed could incur a cost of up to 100% of the price of the goods and services to cover the costs and loses already incurred by us. If you intended to use finance to pay for the goods and services and you cancel the contract for any other reason which is not set out in section 12.1 (your right to cancel) you will not be able to use finance to pay the costs or losses associated with cancelling the order and you will be required to make payment within 7 days of the invoice being issued by cash, credit/debit card or bank transfer. If any refund is due to you after our costs have been covered this will be refunded to in the manner in which it was originally paid to us.
12.4 In the unlikely event that you have entered into a contract with us which is deemed to be an "off premises contract" you have the Right to Cancel without penalty within the 14 day cooling off period starting from the day after the contract was made. However, if you have requested work (goods and/ or services) to be supplied to you inside the 14 day cooling off period you waive your right to cancel and understand that you are required to pay for any work (goods and services) you have received.
13. Our rights to cancel the contract
13.1 If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
a. you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 6.5);
b. you do not allow us to deliver the goods to you and do no re-arrange delivery or collection of the goods (see section 7);
c. you do not collect the goods within a reasonable time and you do not re arrange collection (see section 7.3);
d. you do not provide us with information which we have requested from you within a reasonable time (see section 9.3);
e. if we are providing services and/or installing goods at your property, you do not allow us entry to the property or re-arrange a time for entry to the property (see section 9.4)
13.2 If we cancel the contract because you have not performed your obligations (including those examples listed in section 13.1), you will not be entitled to any refund and will be required to pay the full payment of the contract.
14. General
14.1 We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
14.2 You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
14.3 If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
14.4 If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
14.5 Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
14.6 If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts.