The use of the Malibu Bathrooms online shop (www.malibudirect.co.uk) is governed by the general Terms and Conditions of Malibu Bathrooms and Kitchens Ltd.
By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. Where you are purchasing products from us, all data collected will be used only for the purposes of fulfilling your order and processing any changes, returns or refunds to your order. Malibu Bathrooms and Kitchens Ltd will never pass on your personal details to any marketers, or third parties of any kind.
Terms of Sale
Set out below are the terms and conditions on which we supply products to you. Please read this page carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Your statutory rights are not affected by these terms and conditions. To the extent that any provision in these terms and conditions conflicts with your statutory rights, your statutory rights will prevail and the particular offending provision in these terms and conditions will be deemed inapplicable.
Who we are
We are Malibu Bathrooms and Kitchens Ltd, a company limited by guarantee registered in England and Wales under number 4202842, having its registered office at Unit 4, Manor House Business Park, 97 Manor Farm Road, Wembley HA0 1BN. Registered VAT Number 739800807. You can contact us by telephone, email or post using the contact details set out under the heading ‘Complaints and Contact Details’ below.
(a) Our Contract
By placing an order you are offering to purchase products on and subject to these terms and conditions. Malibu Bathrooms and Kitchens Ltd reserves the right to refuse any such offer made by you. Only those goods listed will be included in the contract formed.
In order to contract with Malibu Bathrooms and Kitchens Ltd, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or hold a valid and authenticated PayPal account. You must pay for goods before we dispatch them.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or PayPal account used to place your order and that there are sufficient funds to cover the cost of the goods.
If we are unable to accept your order, we will inform you of this as soon as possible. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. In such a case we will not charge you for the product.
(b) Pricing, Availability and Changes
All orders are subject to availability and confirmation of the order price. Delivery costs will be charged in addition (see ‘Shipping’ below); such additional charges are clearly displayed on our website and included in the ‘Total Cost’.
Whilst we take reasonable care to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund (see below for our Returns policy).
The images of the products and/or their packaging shown on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product and/or its packaging may vary slightly from those images.
If you wish to make a change to the products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
We may change a product (for example, to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements). These changes will not affect your use of the product.
During the order process we will let you know when we will provide the products to you. We will attempt to deliver the products to you as soon as reasonably possible.
Dispatch times may vary according to availability. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
In order to simplify our delivery process, we generally ship items by second class Royal Mail, Hermes and UPS or any other courier deemed suitable or by collection from Malibu Bathrooms and Kitchens Ltd. We are only able to ship products to within the United Kingdom, including the Channel Islands and the Isle of Man. Deliveries to the Channel Islands and Isle of Man may also be subject to delays due to customs checks. Shipping costs are calculated on a ‘flat rate’ fee per item. The costs of delivery will be as displayed to you on our website.
If you wish to collect your items Malibu Bathrooms and Kitchens Ltd, you must notify us in advance by email (firstname.lastname@example.org) or by phone (0208 991 1126). All items must be collected from Unit 4 Manor House Business Park, 97 Manor Farm Road, Wembley HA0 1BN. (Please note our entrance if off Athlon Road).
If you do not collect your items from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from the relevant delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract (see ‘Our right to end the contract’ below).
The items will be your responsibility from the time they are delivered to the address you have provided or you collect them from us.
(d) Cancellation and refunds
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
if what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back) – see paragraph (i) below;
if you want to end the contract because of something we have done or have told you we are going to do, see paragraph (ii) below;
if you have just changed your mind about the product, see paragraph (iii) You may be able to get a refund if you return goods within the 30 days, you will have to pay the costs of return of any goods;
in all other cases (if we are not at fault and there is no right to change your mind), see paragraph (iv)
(i) If there is a problem with the product
If you have any questions or complaints about our products, please contact us using the contact details set out under ‘Complaints’ below. We are under a legal duty to supply products that comply with this contract. Please see the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
SUMMARY OF YOUR KEY LEGAL RIGHTS
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
if your item is faulty, then you can get a full refund, up to 30 days or
up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
If you wish to exercise your legal rights to reject faulty or misdescribed products you must either return them to us in person, post them back to us or allow us to collect them from you. If you receive an item that is faulty and you wish to replace it, please contact email@example.com to arrange a replacement. If the faulty item is no longer in stock and you do not want an alternative product in exchange, we will refund the cost of the goods as paid at the time of the order. We will refund the cost of your postage of a faulty item to us and we will pay the cost of shipping a replacement item to you if requested. Your right to claim an exchange or refund for a faulty item extends until six months from the date of purchase.
(ii) Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out below, please contact firstname.lastname@example.org. The reasons are:
we have told you about an upcoming change to the product or these terms which you do not agree to;
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
you have a legal right to end the contract because of something we have done wrong.
You must either return any products you have received to us in person, post them back to us or allow us to collect them from you. We will refund the cost of your postage. We will also refund you in full for any products which have not been provided.
(iii) Exercising your right to change your mind
If you change your mind, you have a legal right under the Consumer Contracts Regulations 2013 to cancel your order (or part of your order) and receive a refund. You must cancel within 30 days from the date you receive your items (or, if the items are split into several deliveries over different days, 30 days from the date you receive the last delivery). You do not have a right to change your mind in respect of:
any item which is not in its original condition, which is damaged or which is missing parts, through no fault of Malibu Bathrooms and Kitchens Ltd;
Once you have informed us of your wish to cancel your order (or part thereof) by contacting email@example.com , you must return the unwanted item(s) within 30 days of informing us you wish to cancel in an unharmed and reusable state, in the original packaging. We will refund your order (or the value of the returned goods if part of the order is returned) within 7 days of receiving the returned item(s). You are responsible for paying the postage costs for any items you return because you have changed your mind. We may reduce your refund of the price to reflect any reduction in the value of the items caused by your handling them.
(iv) Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before the product is delivered and paid for, but you may have to pay us compensation. If you want to end the contract in these circumstances, please contact firstname.lastname@example.org to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund, reasonable compensation for the net costs we will incur as a result of your ending the contract.
(v) Our right to end the contract
We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due.
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
If we end the contract in the situations set out above we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breach of the contract.
If you wish to exchange an item for a reason other than fault (e.g. size, colour), please contact Malibu Bathrooms and Kitchens Ltd as soon as possible. Items to be exchanged must be returned to us in an unharmed and reusable state, in the original packaging if appropriate. If you are not returning the item(s) because they are faulty or not as described in the product description, you are responsible for paying the postage on returning the item to us. Malibu Bathrooms and Kitchens Ltd will pay for the postage of the replacement item(s) to you in an exchange, once the original items have been received.
(f) Payment of Refunds
All refunds, including refunding of postage, will be made to the credit/debit card or PayPal account which you used to complete your order, once the above conditions have been met. If you are exercising your right to change your mind, refunds will be processed within 7 days from the day on which we receive the product back from you (or, if earlier, the day on which you provide us with evidence that you have sent the product back to us). In all other cases, your refund will be processed within 7 days of your telling us you wish to cancel the contract.
(g) Our Liability
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this contract or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Malibu Bathrooms and Kitchens Ltd reserves the right to alter, without notice, the range of products, prices of products and terms and conditions of sale before you place an order.
(i) Complaints and Contact Details
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us in writing, email or by phone using these details:
In writing: Malibu Bathrooms and Kitchens Ltd, Unit 4 Manor House Business Park, 97 Manor Farm Road, Wembley, HA0 1BN
Telephone: 020 8991 1126
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
The European Commission has established an online dispute resolution platform to facilitate communication between the parties involved in a dispute arising from an online transaction. The platform is available here and will be operational as of 15 February 2016.
We may transfer our rights and obligations under these terms and conditions to a third party. We will contact you to let you know if we plan to do this and will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.
If you breach these terms and conditions and we take no action or delay in taking action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these conditions.
(k) Entire Agreement
These terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Malibu Bathrooms and Kitchens Ltd.
(l) Governing Law and Jurisdiction
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland or Northern Ireland, you may alternatively bring proceedings in respect of the products in the Scottish or Northern Irish courts.