ECOMMERCE TERMS & CONDITIONS

1. INTRODUCTION

These Terms and Conditions apply to all orders concluded by or with Victorian Bathrooms for the sale and/or supply of products on our online shop, victorianbathrooms.co.za (hereafter referred to as the “Site”).


2. HOW IS A CONTRACT FORMED

To place an on-line order you must be older than 18 years. You may either use the Guest checkout or Register an online profile. The latter saves your information for future purchases.

A contract of sale between you and Victorian Bathrooms only comes into effect once payment has been received into Victorian Bathrooms’ bank account for the products in your shopping cart (“cart”).


3. PRICE AND PAYMENT

 

  • The prices on the website are ex-works our warehouse in Paarden Eiland, Cape Town, inclusive of VAT.
  • Payment may be made by either of the following methods:
    Credit and Debit Cards online
    Payment via Instant EFT
  • Items placed in your cart for payment at a later stage will not reserve the stock.Victorian Bathrooms shall not be obligated to fulfill your order without receipt of full payment into their bank account.
  • An acknowledgement of your Order with an order reference number is purely for information purposes and does not constitute the confirmation of a contract of sale. Victorian Bathrooms may refuse an order for any reason, including unavailability of supply.
  • All reasonable efforts are made to accurately reflect the description, purchase price and delivery charges of products on the site. Victorian Bathrooms shall not be liable for any loss, claim or expense relating to a transaction based on an error, save (in the case of any incorrect purchase price) to the extent of refunding you any amount already paid.


4. CANCELLATION OF YOUR ORDER

  • Victorian Bathrooms reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
  • Victorian Bathrooms will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order.
  • After delivery/collection of the order, you may cancel the sale only in accordance with the Returns Policy below.
  • We reserve the right, for purposes of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Victorian Bathrooms, in whole or in part.


5. COLLECTION OR DELIVERY

These delivery terms apply to deliveries within the borders of South Africa.

  • Victorian Bathrooms shall fulfil your order within 5-7 business days.
  • Delivery is calculated per order based on geographic location and mass.
  • Victorian Bathrooms undertakes to keep you informed should we be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
  • All goods to be checked for defects upon receipt. Signature on the delivery note implies agreement that no defects were found and that the goods and the quantities delivered were correct. A delivery note that has been endorsed as ‘unchecked’ is at the risk of the purchaser. You are to note any defects on the proof of delivery.
  • If delivery is delayed through your refusal to accept delivery or if you fail to collect the order within a reasonable period, then we may cancel the order. In which case we will refund you any monies already paid to Victorian Bathrooms, less freight or other charges incurred.
  • Orders for collection will be ready within 5 business days at the chosen outlet. You will be notified via email once order is ready.
  • Collection is available at the following outlets (see Contact page for trading hours):

–  18 Marine Drive (Corner Hermes Street), Paarden Eiland, Cape Town
–  Hyde Park Corner, Shop 56, Middle Mall, Hyde Park Corner, Craighall

  • Only small/light weight items (not Ceramicware, Kitchen sinks, boxes of tiles etc.) may be collected at the Hyde Park showroom due to storage and manpower restrictions unless a prior special arrangement has been made.


6. RETURNS POLICY

  • Victorian Bathrooms warrants that:

–  The product is reasonably suitable for the purpose that it was intended for;
–  The product is of good quality, free of defects and in good working order and;
–  The product will be durable and usable for a reasonable period of time.

  • Victorian Bathrooms will process your return request in the following circumstances:

You may return an undamaged, non-defective product in the event that you change your mind about the product within 10 (ten) business days of delivery/collection of products. Goods are to be returned in their original packaging and in unused condition.  Victorian Bathrooms reserves the right to not accept back a product ordered erroneously or withhold all or a percentage of the purchase price when refunding if a product is returned in a used or damaged condition. All goods for return are to be delivered to our warehouse at 18 Marine Drive, Paarden Eiland. Please use an insured delivery service as Victorian Bathrooms will not accept responsibility for items not received in good order.

Victorian Bathrooms will evaluate the defect and honour warranties if:

–  The defect existed at the time of delivery and manifested during the warranty period;
–  The defect did not arise due to normal wear and tear or misuse/abuse by the customer;
–  The customer duly complied with the care instructions and maintenance.

  • Returns Procedure

Should you wish to return a product, you will need to inform us by sending an email to [email protected] Kindly provide your order details so that we can look it up on our system.

You will be given an option to exchange the product. Exchanges are subject to product availability at the time of request.

Once your return/exchange request has been logged we will contact you with further instructions. Exchanges will incur delivery costs if delivery is required.

As the product is to be inspected for defects or damages before accepting delivery, please submit photographic proof and full reasons for alleging that the product is defective, including stating how the product was utilised during the period that it was in the customer’s possession.

Once the return has reached our warehouse (18 Marine Drive, Paarden Eiland), the product will be inspected prior to the return being processed.

Should any of the product warranties noted above have been breached, you may select a refund, a store credit or an exchange.

All refunds will be processed within 5-7 business days after goods have been inspected and the refund approved.


7. OTHER WARRANTIES

  • Victorian Bathrooms offers, on the majority of products. a two year warranty against workmanship and material defects. Additional warranty is dependent on the manufacturer and covers the replacement of the item only – not the installation costs. Normal wear and tear of the product must be taken into account when considering warranties.
  • The warranty excludes defects caused directly or indirectly by misuse, poor maintenance, violence or manipulation; in addition, it is assumed that the care instructions are followed. The care instructions can be accessed here. Replacement provided under this warranty excludes any labour costs for removal or re-installation.
  • This warranty does not extend to any indirect or consequential losses caused by the defect of the product and the liability of Victorian Bathrooms will not exceed the purchase price of the product. In the event of a claim, Victorian Bathrooms has the right to inspect the product for which access to the premises will be required.


8. COUPONS

Victorian Bathrooms may from time to time make physical or electronic promotional coupons or discounts (“Coupons”) available for use on the Website. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

  • There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
  • Coupons are issued in Victorian Bathrooms’ sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
  • As a general rule, and unless specified otherwise on the specific Coupon itself:

–  each Coupon can only be used once;

–  only one Coupon can be used per order;

–  only one Coupon can be used on the Website per person per promotion/campaign;

–  Trade Coupons may not be used on sale, promotional and body/room fragrance products;

–  a Coupon must be used at check-out – it cannot be used later on existing orders; and

–  the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

  • Coupons cannot be exchanged or refunded for cash or credit. Victorian Bathrooms is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
  • If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us to confirm if the Coupon is still valid. If we confirm that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
  • You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by us, before you are able to use a Coupon.


9. AMENDMENTS TO THESE TERMS AND CONDITIONS

Victorian Bathrooms may, in its sole discretion, change any of these Terms and Conditions at any time.


10. DISCLAIMERS

  • Victorian Bathrooms ensures compliance with:

a) Provisions in the Consumer Protection Act 68 of 2008 regarding any products sold by Victorian Bathrooms to you via the Site; and
b) Sections 43(5) and 43(6) of the Electronic Communications and Transactions Act with regard to Victorian Bathrooms’ payment systems being sufficiently secure;

  • Victorian Bathrooms will not be liable for any damage, loss or liability arising from the use or inability to use this Site or the services provided from and through this Site. Whilst we will take every precaution, we make no warranties that this Site is free from errors or omissions or that the service will be 100% uninterrupted. Please report any possible malfunctions to [email protected].za
  • Victorian Bathrooms will take every precaution but makes no warranty that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, disrupt, disable, compromise, jeopardise or harm in any manner the operation and security functionality or content of your computer system in any way. You accept all risk.
  • You hereby indemnify Victorian Bathrooms against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.


11. DATA PROTECTION

Please see our Privacy Policy and Cookie Notice, which forms part of the General Terms and Conditions.


12. GENERAL

  • This Site is hosted and operated within the borders of South Africa and is thereby governed by South African law and both parties submits to the jurisdiction of the South African courts.
  • You may not cede or transfer your rights and obligations in terms of these Terms and Conditions to any third party and any failure on the part of the buyer or seller to enforce any right in terms hereof shall not constitute a waiver of that right.
  • Should any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  • No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any effect unless in writing and accepted by the parties hereto.


13. SPECIAL ORDERS/FINISHES

  • Special orders incur lead times of between 6 – 12 weeks from date of order depending on the particular product, finish and the supplier. Where possible we have included the relevant delivery time with each product on the website. Should there be delays, you will be informed.
  • We highly recommend that your orders with special finishes are placed separately to standard stocked ware so as not to delay what is immediately available for despatch.
  • Products which are especially refinished or manufactured for your requirements may not be returned, exchanged or refunded unless there is a manufacturing fault.
  • Bespoke finishes are ‘living finishes’ that develop a natural patina over time, changing as they react with the environment. A natural aging process will occur organically on these hand crafted products offering certain appeal and charm, each engineered by hand making them unique and individual to every order. It is therefore important to note that no two items will be identical and each will age in their own way.
  • Consideration must be taken when ordering that the item you receive may not be identical to what was seen online or on our printed documentation as each item is unique and computer pixels/print resolutions differ.

 

GENERAL TERMS & CONDITIONS

1. Pricing

  • The prices on the website are ex-works our warehouse in Paarden Eiland, Cape Town, inclusive of VAT.

2. Methods of Payment

  • Credit and Debit Cards
  • EFT Payments – to be received into the bank account prior to despatch
  • International orders – the funds to be cleared prior to despatch

 

3. Terms

  • For all orders other than those placed on-line, a 50% deposit confirms the order and secures the prices. At this time Victorian Bathrooms will enquire when the items are required on site, and begin the process of reserving and/or sourcing ware to meet the obligations of the order. All items, as they become available, are placed in Victorian Bathrooms’ Reserve Store until required.
  • Once the complete order is ready for delivery/despatch, Victorian Bathrooms will request the balance of payment.
  • Should there be delays on site and it be requested that delivery is delayed, Victorian Bathrooms will continue storing the ware for an additional 2 months at no charge, however a storage fee may be levied thereafter.
  • Should there be delays with the supply of ware and Victorian Bathrooms be unable to source the goods by the date required, the customer will be notified and the request for final payment will be delayed.

 

4. Deliveries

Victorian Bathrooms reserves the right to charge for all deliveries to site.

4.1 Local Delivery:

  • Victorian Bathrooms cannot be held liable for delivering the goods further than the entrance of the property (especially baths). Please make your own arrangements for moving the ware into the home or storage facility. Should assistance be required to place the goods within the premises, Victorian Bathrooms will not be held liable for any resultant damages either to the property or to the goods.
  • All goods to be checked for defects upon delivery. Signature on the delivery note implies agreement that no defects were found and that the goods and the quantities delivered were correct. A delivery note that has been endorsed as ‘unchecked’ is at the risk of the purchaser.

 

4.2 National & International Courier Delivery:

  • Once the courier has delivered an order, all goods should be checked within 5 working days. Should any damages be noticed to the packaging of the consignment, please take a photograph of the damage and make a note of this on the waybill.
  • If the pallet was received opened, please take a photograph and make a note on the waybill of the number of boxes received. Victorian Bathrooms will not be held liable for any shortages and breakages after the specified time.
  • Please forward photographs of packaging and the waybill to: [email protected]
  • International Orders require special packaging which will be quoted separately.

 

5. Returns and Claims

Stock items may be returned within 10 business days from date of receipt with no handling fee. Please return product(s) in their original packaging and in unused condition. Victorian Bathrooms reserves the right to not accept back a product ordered erroneously or withhold a percentage of the purchase price when refunding if a product is returned used or otherwise damaged. Please use an insured delivery service as Victorian Bathrooms will not accept responsibility for items not received in good order.

After 10 business days, a 10% handling fee will apply.

Exceptions to the above:

  • Jeeves and Geberit attract an additional 15% handling fee
  • Victoria & Albert baths cannot be returned if feet have been attached. If both the bath and the feet are in their original packaging, an additional 5% handling fee applies.
  • No returns on special order goods ie special finishes & non-stock items
  • Bespoke bath returns are subject to Victorian Bathrooms’ approval
  • Ceramicware, baths and tiles may not be returned to the Hyde Park Corner showroom but instead must be despatched directly to the warehouse in Cape Town at the sender’s risk, address being: 18 Marine Drive (Cnr Hermes Street), Paarden Eiland, Cape Town.
  • Upon receipt of your return, the purchase amount less any handling fees, will be paid into your bank account.

 

6. Warranty

  • Victorian Bathrooms offers two years, from the delivery date of your order, to submit complaints regarding workmanship and material defects on all our products. Additional warranty is dependent on the manufacturer and covers the replacement of the item only – not the installation costs.
  • The warranty excludes defects caused directly or indirectly by misuse, poor maintenance, violence or manipulation, in addition, it is assumed that the care instructions are followed. The care instructions can be accessed here. Replacement provided under this warranty excludes transportation and any labour costs for removal or re-installation.
  • This warranty does not extend to any indirect or consequential losses caused by the defect of the product. In no event shall the liability of Victorian Bathrooms exceed the purchase price of the product. In the event of a claim, Victorian Bathrooms has the right to inspect the product for which access to the premises will be required.

 

7. After Sales Service

Should a call out be as a result of a faulty product, Victorian Bathrooms will not charge for this service. Should a call out be as a result of incorrect plumbing, Victorian Bathrooms reserves the right to charge for the time and travel expenses.

 

8. Privacy Policy

Victorian Bathrooms takes care in ensuring that information obtained about you in the course of the transaction is treated appropriately. We do not pass on nor sell your personal information to any third parties. Information is stored securely and is only accessible to trusted employees.

The website uses cookies to manage the contents of the shopping basket. A cookie is a file that is stored on your computer and helps us to improve this site and to deliver a better and more personalised service thereby improving your online experience.

They enable us:

  • To estimate our audience size and usage pattern
  • To store information about your preferences, and so allow us to customise our site according to your individual interests
  • To speed up your searches
  • To recognise you when you return to this site. Victorian Bathrooms participates in Google Adwords and Google Display network remarketing which use the DoubleClick cookie. This cookie tells Google that you have browsed our site and it may show Victorian Bathrooms ads on other sites you visit.

Opt out of customised Google Display network ads by visiting the Ads Preferences Manager or install the Google Analytics Opt-out Browser Add-on to content your browsing experience. When shopping on our website we ask for your name, address, telephone number and e-mail address.

This information is used solely to process your order. Information reported will be stored electronically for 5 years in an unencrypted form. The “contact’ is not stored in a manner so that it can be referenced later.

We also collect the IP addresses from which purchases are made. This information will normally be of no use, but may possibly be used in police investigations should a fraudulent order be reported to the police.

SALE & PROMOTIONS ~ TERMS & CONDITIONS

 

  • Basin and Cabinet prices exclude the taps and plumbing fixtures
  • Sale and clearance items may not be exchanged or returned and no refunds will be considered
  • Packaging on certain clearance items may be slightly damaged however the items are still in good order
  • All prices are as shown on the website. Discounts have already been calculated and reflected
  • Full payment is required to confirm order
  • All purchases are “first come, first serve”, there is no guarantee of a successful purchase of products in your cart if another customer has completed checkout of limited stock products first. Your order will be confirmed by email
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