Template Terms and Conditions

Website use and e-commerce

  1. Information about the Organisation
    1. This website is owned by SMR Enterprises Limited trading as SMR Bathrooms which is a Limited Company and whose registered office/place of business is Unit 4, Victory Trading Estate, Kiln Road, Portsmouth PO3 5LP. References to 'we', 'our' or 'us' refer to SMR Bathrooms as well.
    2. References to 'you' or 'your' refers to the user or viewer of our website.
    3. Our registered company number is 5014686
    4. Our VAT number is 807 6839 96
    5. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern our relationship with you in relation to this website.
    6. If you disagree with any part of these terms and conditions, please do not use our website.
  2. Service availability
    1. While we shall endeavour to make this site available at all times, we will not be liable if, for any reason, the site is unavailable for any period of time.
    2. Access to this site may be suspended at any time without prior notice being given.
    3. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  3. Privacy
    1. We take your privacy seriously. For full details on how we collect, use and store personal data including the use of cookies please see our privacy policy here.
  4. Disclaimer
    1. We are not liable for any damages arising in contract, tort or otherwise from the use of or inability to use this site or any material contained in it, or from any action or decision taken as a result of using the site.
    2. The materials on this site comprise general information and opinion; they do not constitute legal or other professional advice. You should consult your professional adviser for legal or other advice.
    3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    4. This site offers links to other sites thereby enabling you to leave this site and go directly to the linked site. We are not responsible for the content of any linked site or any link in a linked site. We are not responsible for any transmission received from any linked site. The links are provided to assist visitors to the our website and the inclusion of a link does not imply that we endorse or have approved the linked site.
  5. Terms of use
    1. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
    2. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
    3. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
    4. If you enter your personal data on this website for any purpose you warrant that such information is true and accurate. You agree not to impersonate another person, use a false name and information or to use a name and information which you are not authorised to use.
    5. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
  6. Online transactions and orders
    1. Ordering, offers and acceptance and creation of a contract
      1. Making a purchase could not be easier. Just browse our website and add any items that you wish to buy to the shopping cart. After you have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to complete the order.
      2. We accept Visa, Mastercard, American Express, debit cards and Paypal. Only cards registered in the United Kingdom can be accepted. If you are shopping from outside the United Kingdom or wish to pay with a non-UK card, you will need to contact us to place your order. We use Sage Pay or Paypal when taking payment by card. Sage Pay are a specialist secure payment gateway company, this ensures security for all concerned.
      3. We are happy to take orders online, over the telephone or in person at our Showroom. If you do not wish to pay online, you can put the order through our checkout and then send your card information by post, contact us by telephone, or contact us for our account details to make a bank transfer.
      4. If you have made a mistake on your order and cannot correct it in the shopping cart, contact us as soon as possible and we will happily correct the mistake for you.
      5. When you receive an order confirmation from us, this is to let you know we have received your order and have passed it on to our distribution team for onward shipping to you. Once your order has been processed by our team, we will e-mail you a copy of your sales receipt, if you would like us to post you a sale receipt, just let our sales team know and we will get this sorted for you.
      6. In the case that there is a pricing issue or we no longer are able to supply a particular product, we will always contact you to ensure that the correct price is acceptable, or to offer you an alternative product that is similar. It is our aim to always make this as easy as possible for our customers.
      7. If your item is not in stock, we will place it on back order for you. You will always be emailed or called with the option to cancel your order if you would rather not wait for the Goods or given the option to purchase an alternative product.
      8. Payment including VAT is due on submission of your order. You will not be deemed to have submitted an order where the payment is not authorised. For orders made from the UK or the European Union, VAT is charged at the appropriate rate. If you are ordering from outside the United Kingdom or believe VAT should not apply, please contact us before ordering so we can ensure your order is charged correctly.
      9. An order may not be accepted by us for the following reasons (this list is not exhaustive):
        • We do not have the products or goods in stock
        • We are unable for organisational reasons to fulfil the order or provide the services
        • Due to a pricing or product/service description error
        • Due to legal, postal or other restrictions meaning that you are not eligible to order the selected products or services
        • Due to a failure to obtain authorisation for any payment
      10. Your order will be accepted and the contract concluded when we have confirmed that we are able to supply the products or services ordered and have received full or part payment as required and notified to you. For avoidance of doubt a contract is not concluded when you submit your order to us.
      11. The contract will be concluded in English.
      12. Any concluded contract will not be filed by SMR Bathrooms.
    2. The Goods and Delivery
      1. The quantity and description of the Goods will be as set out in our confirmation of order; this will be in the form of your Sales Receipt and/or Bespoke Order Confirmation.
      2. It is important that all details in relation to your order are correct before ordering.
      3. Products "made to order" are considered bespoke and are non-returnable.
      4. The colour and gloss level in any colour or RAL chart are only used as guidance. If you are unsure please call one of our sales team, who will help you through the process. We would recommend requesting a sample of colour for a good indication of how the finished product will arrive.
      5. It is important that you note that colours shown online may vary due to differences in colour, contrast and brightness settings on your computer monitor and that printed colours may vary slightly from the actual paint colour.
      6. Any technical specification, advice or information provided by us is for guidance only. We always advise that no works be carried out or installers booked prior to delivery and you have inspected the goods. We advise any installation should be carried out by a qualified installer.
      7. All Goods carry the standard manufacturer's warranty, this is generally specified with the product details.
      8. We insist that all Goods should be suitably specified for the system type on which they are to be installed. In areas where aggressive water prevails or where a softener is installed, the use of dezincification resistant materials would be advised. We insist that this is checked with the heating installer or local water authority, as responsibility for premature failure due to corrosion will not be held by us.
      9. Any specifications supplied by us are given without guarantee, we can take no responsibility for information supplied or work carried out by yourself or your contractors in relation to information supplied on the web site, literature or in any communication. We recommend you take delivery of and inspect the product before undertaking any work in relation to the Goods supplied. Manufacturers tolerances do apply; hand made goods have a tolerance of up to +/- 6mm.
      10. We do not hold any liability for any consequential loss suffered by yourself in relation to any Goods supplied.
  7. Shipping and Delivery
    1. Palletised goods are delivered by hauliers on a kerbside service only - that is, the haulier is not responsible for bringing the goods inside your property. Smaller packages are delivered by courier companies who are responsible for delivery to your door to ground floor levels only. The Buyer may be required to provide help with unloading of bulky items. Pallet deliveries MUST be inspected on delivery, and if damaged or short should either be rejected or the damage and/or shortage noted when signing for the delivery. Please inform us of any potential access issues. Shipping costs can vary from item to item:

      • Own Brand – (Excluding the Georgian Range) Delivery will be free on any order over £1000 (inc VAT). Any order that falls under £1000 (inc VAT) will be subject to a £69.00 (inc VAT) delivery charge. Georgian Range - Delivery will be free on any order over £1000 (inc VAT). Any order that falls under £1000 will be subject to a £72.00 (inc VAT) delivery charge. For all our Own Brand Ranges offshore locations will require additional delivery charges. We can work out a delivery quote for anyone requiring it.
      • Arroll – All Arroll orders carry a delivery charge of £60.00 (inc VAT). Please be aware that certain postcode regions carry an additional £42.00 (inc VAT) charge.
      • Carron - All Carron orders carry a delivery charge of £54.00 (inc VAT). Please be aware that certain postcode regions carry an additional £48.00 (inc VAT) charge.
      • Apollo - Delivery will be free on any order over £100 (inc VAT). Any order that falls under £100 (inc VAT) will be subject to a £6.95 (inc VAT) delivery charge. Please be aware that offshore locations will require additional delivery charges. We can work out a delivery quote for anyone requiring it.
      • Radiator Valves & Accessories - orders above £100 (inc VAT) will be free of charge
    2. Delivery to some areas can be more expensive, and additional charges may need to be applied. We will put your order on hold and contact you when incorrect delivery has been chosen during checkout when ordering online. We reserve the right to postpone, cancel or refund any order where incorrect delivery has been applied.
    3. Large and/or heavy items need to be delivered on pallets. Pallet hauliers will deliver as follows:
      • Own Brand - Any metallic or primer finishes can be delivered within 7 days. Any other finishes can take up to 14 days.
      • Arroll - We will call you to finalise any details regarding delivery.
        Primer finishes - 14 days
        Paint finishes - 21 days
        Polish finishes - 28 days
      • Carron - We will call you to finalise any details regarding delivery. Times advised below are absolute maximums, and orders will often be completed much quicker.
        Primer, Paint, Antique & Highlight finishes - Typically 7 days, but can be up to 21 days - call one of our sales consultants for a definite lead time
        Hand Burnished (Polished) finishes - Typically 21 days, but can be up to 42 days - call one of our sales consultants for a definite lead time
      • Apollo - All standard white finished radiators will be delivered within 5 working days, any coloured finishes will be delivered within 10 working days.
      • Radiator Valves & Accessories - Radiator valves or wall stays, other than those specific to the radiator will be delivered to you within 24 - 48 hours
  8. Acceptance, cancellation and return of goods
    1. You shall be deemed to have accepted the Goods 24 hours after delivery.
    2. You should carry out a thorough inspection of the Goods within 24 hours of delivery and should inform us immediately of any defects or missing parts which a reasonable examination would have revealed. Written notification to us should be received within 3 working days of delivery of the Goods.
    3. Where you have accepted, or it has been deemed you have accepted the Goods, you will not be entitled to reject goods which are not in accordance with the contract.
    4. An exception to the above is made for Pallet deliveries; as a 10-15 minute window is scheduled into the delivery for you to inspect the goods on delivery.
    5. For palletised goods delivered by a pallet haulier, no claim for damage in transit or shortages can be accepted if signed for "received in good condition", "unchecked", "not examined" (or similar). Claims for damage in transit or shortages can only be considered if signed for as "damaged" or "short delivered" and we are notified in writing within 3 days after delivery and are given an opportunity to verify the shortages or damage.
    6. You may cancel the contract and receive a refund for any goods within 14 days of the date you received the goods except where:
      • the goods have been customised to your specification; or
      • you have purchased goods in our showroom.
    7. In order to cancel the goods, you can submit our standard cancellation, which can be found here. If you submit the form online we will send you a written confirmation by email that we have received notice of cancellation.
    8. Alternatively, you can make a clear statement that you wish to cancel the goods in writing or by telephone to:

      Address: Cast Iron Radiators 4u, Unit 4, Victory Trading Estate, Kiln Road, Portsmouth, Hampshire, PO3 5LP, United Kingdom

      Email: st@radiators-bathrooms-4u.co.uk Telephone: 023 93 162168

    9. The notice of cancellation must be sent before the end of 14 days from the date on which the goods were delivered. You should retain proof of cancellation.
    10. You will be liable for the costs of returning the goods to us and must return them within 14 days of receipt. You shall ensure that the means used to return the goods is appropriate to the nature and value of the goods.
    11. You will receive a refund for the full value of the goods except where the value of the goods has diminished because you have unnecessarily handled the goods beyond what was required to establish their nature, characteristics and functioning; in which case we will be entitled to reduce the refund according to how far the goods have diminished.
    12. We will refund to you the full cost of delivery of the goods, except where you selected an enhanced delivery option, in which case we will refund the cost of the standard delivery option.
    13. Any refund payable to you will be made within 14 days of receipt by us of the returned goods. The refund will be paid by the same method as your original payment unless agreed by you otherwise or if not possible.
    14. Your right of cancellation only applies to the contract as a whole. If you wish to return only some of the goods this is at our discretion.
    15. Returns after fourteen days will be considered on a case-by-case basis; returns can sometimes be accepted for store credit, though a restocking fee may be levied. If you have an item you would like to return after the fourteen day return period, contact us to discuss the situation further.
  9. Data Protection and Security
    1. In order to complete your order, we require the personal data requested during our order process.
    2. Our legal basis for collecting and processing this data is in order that we may fulfil our contractual obligations under this Agreement, in particular to:
      • process payment for the goods
      • arrange for the delivery of the goods
      • contact you where necessary in relation to our supply of the goods
    3. We may need to supply certain personal data to third parties in order to fulfil our contractual obligations to you including to selected courier(s) to deliver the goods. We will only allow a third party access to your data where it has agreed in writing to process your personal data only in accordance with our written instructions and in compliance with both our and its obligations under the Data Protection Act 2018.
    4. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect.
    5. We will retain your data for the periods set out below:
      Type of Data
      Period of Retention
      Justification
      Customer details and electronic records of goods supplied
      At least 6 years and up to 20 years (depending on the length of warranty
      applicable to the goods) from the date the goods were delivered
      In able to establish a defence to a claim of breach of contract or
      negligence in relation to the supply of the goods
      In order to fulfil our contractual obligations in relation to warranty
      claims
      Hard copy customer orders
      3 months from the date the goods were delivered





      To fulfil our contractual obligations in the event of a mis-shipment of
      goods
  10. Complaints
    1. If you have any complaint about our online services you can submit this to us by email at st@radiators-bathrooms-4u.co.uk.
    2. If you are dissatisfied in how we have dealt with a complaint you can refer the matter to the European Online Dispute Resolution platform using the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
  11. General
    1. These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply in the future.
    2. None of these terms affect your legal rights and these are not diminished in any way. If any term is held to be invalid under any applicable statute or rule of law, that term is automatically omitted from the terms to minimum extent necessary to comply with the law and without affecting the validity or enforceability of the remainder.
    Privacy Policy

    Privacy Notice

    We, SMR Enterprises Limited trading as SMR Bathrooms, registered in England and Wales, number 05014686 at Unit 4 Victory Trading Estate, Kiln Road, Portsmouth, Hampshire, PO3 5LP are absolutely committed to protecting and respecting privacy.

    How we use your information

    This privacy notice tells what to expect when SMR Bathrooms collects personal information. It applies to information we collect about:
    • Visitors to our website;
    • People who we communicate with by email;
    • People who we communicate with by telephone;
    • Our retail customers and installers;
    • Trade customers;
    • Vendors;
    • People who subscribe to our mail list; and
    • Job applicants.

    We do not share personal data other than as described below, however our IT provider may have access to information in providing their services to us. As with any third parties that we share data with, we ensure that they do not use the data for their own purposes and that they take appropriate steps to guard against data breaches.

    Visitors to our website

    When someone visits www.smrbathrooms.co.uk we use a third-party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

    1. Use of cookies by SMR Bathrooms
    2. Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity. It also allows certain website functions such as a ‘shopping basket’ to work.

      You can get more information about Cookies at https://ico.org.uk/for-the-public/online/cookies/. You can turn off Cookies in your internet browser (e.g. Internet Explorer, Chrome, Safari, Opera or Firefox) so they are no longer collected and the above webpage contains links to tell you how to do this. Please note that turning off Cookies may prevent some of our website functions from working.

    3. Links to other websites
    4. This privacy notice does not cover the links within this site linking to other websites. We encourage you to read the privacy statements on the other websites you visit.

    People who we communicate with by email

    We process and retain the personal data contained in the email to respond appropriately to the subject matter. Please be aware that any emails we send or receive may not be protected in transit.

    People who we communicate with by telephone

    We record all telephone conversations to maintain a record of the discussion, for our legitimate business interests of staff training and to defend against claims of mis-shipment. When we are discussing payment card information we stop the recording so that we comply fully with our security obligations when handling such information.

    We retain the recordings for a period of one year and then securely delete them.

    Our retail customers and installers

    We process and retain personal data to facilitate the supply of goods. We retain personal data between 6 & 20 years (depending on the length of the warranty applicable to the goods) from the date the goods were delivered. We do this to ensure we fulfil our contractual obligations to our customers. Written copies of customer orders are retained for 3 months from the date the goods were delivered to fulfil our contractual obligations in the event of a mis-shipment of goods.

    We may need to provide certain third-party organisations with customers information in order to provide our services, including to a selected courier who will deliver the goods. We will only provide them with the information they require and will only permit them to use the information for the required purpose.

    If any such third party uses your information for any other reason without your consent please notify us using the details below and we will investigate the matter.

    Trade customers

    We process and retain personal data to process orders and to comply with legal requirements. We retain personal data relating to our trade customers for the duration that the individual is a customer plus six years. This is necessary for the performance of our contractual obligations with our customers and to comply with our legal obligations to maintain adequate records as required by Her Majesty’s Revenue and Customs.

    Vendors

    We process and retain details of individual contacts within our vendor organisations to allow us to process orders for delivery and to comply with legal requirements. We retain this personal data for the duration of the contract plus six years. This is necessary for the performance of our contractual obligations with our customers.

    People who subscribe to our mail list

    We use MailChimp to deliver marketing material if you have consented to this when you provided your information to us or you subscribed using the contact form on our website. You can withdraw consent or change your preferences about marketing activities at any time by contacting us using the details below.

    MailChimps privacy policy can be found here https://mailchimp.com/legal/privacy/. However, you need to be aware that the provider is based in the United States a country outside the EU, so your information may be transferred to, stored or processed in the United States. MailChimp take many steps to protect privacy and has certified its compliance with the EU-US Privacy Shield Framework.

    Job applicants

    We use an internet-based recruitment company RecruitmentGenius and their Privacy Policy can be found herehttps://www.recruitmentgenius.com/terms/privacy

    All of the information you provide during the process will only be used for the purpose of progressing your application, or to fulfil legal or regulatory requirements if necessary.

    We will not share any of the information you provide during the recruitment process with any third parties for marketing purposes or store any of your information outside of the European Economic Area. The information you provide will be held securely by us and/or our data processors whether the information is in electronic or physical format.

    We will use the contact details you provide to contact you to progress your application and the other information you provide to assess your suitability for the role you have applied for.

     

    Your rights

    You have the right to request:
    • information about how your personal data is processed;
    • a copy of that personal data; and
    • that anything inaccurate in your personal data is corrected immediately
    You can also:
    • raise an objection about how your personal data is processed;
    • request that your personal data is erased if there is no longer a justification for it; and
    • ask that the processing of your personal data is restricted in certain circumstances

    If you have any of these requests, please get in contact using the contact details below. You can read more about these rights here – https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/

    We have set out to demonstrate how we address your rights in this privacy notice.

    Complaints or queries

    We strive to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures.

    This privacy notice was drafted with brevity and clarity in mind. It does not provide exhaustive detail of all aspects of our collection and use of personal information. However, we are happy to provide any additional information or explanation needed. Any requests for this should be sent to the address below.

    If you want to make a complaint about the way we have processed your personal information, you can contact the ICO as the statutory body which oversees data protection law – www.ico.org.uk/concerns.

    Access to personal information

    If you would like to know what information we hold about you please make a ‘subject access request’ using the contact details below. If we do hold information about you we will:
    • tell you why we are holding it;
    • give you a description of it;
    • tell you who it could be disclosed to;
    • explain how long we will store it (or the criteria used to decide this);
    • where it was not collected directly from you, we will give you any available information as to its source; and
    • let you have a copy of the information in an intelligible form.

    You also have a right to obtain a copy of your personal data for reuse and we will supply this in a CSV file if you ask us to.

    If we do hold information about you, please notify us if any of it has changed or is incorrect, we will be happy to update this for you.

    In certain circumstances you have a right to the erasure of your personal data or to restrict processing. If you want to exercise this right please contact us using the details below.

    Disclosure of personal information

    Other than as described in this notice we will not disclose personal data without consent or where we are required to do so by law.

    Changes to this privacy notice

    We keep our privacy policy under regular review and this is reflected in this privacy notice. Our policy was last updated on 21st May 2018.

    Document copyright

    This privacy notice was created by Crimson Crab Ltd. It is an infringement of copyright to make:
    • any use without the inclusion of this paragraph; or
    • any use of this document by any organisation other than SMR Enterprises Limited except with the written permission of Crimson Crab Ltd; or
    • any adaptation without the written permission of Crimson Crab Ltd; or
    • any copy by a third party.

    How to contact us

    If you want to request information about our privacy policy please email:
    General_Enquiry@smrbathrooms.co.uk
    or write to: SMR Bathrooms, Unit 4 Victory Trading Estate, Kiln Road, Portsmouth, Hampshire, PO3 5LP.
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