16.1 | In these Conditions the following words and expressions shall have the following meanings unless inconsistent with the context: |
| “Additional Charges” | the costs of carriage, any additional packaging, any taxes, duties or other charges levied by any Governmental or authority in respect of or by reason of the sale, delivery, export or import of the Goods, courier and messenger costs and any other additional charges payable by the Customer in addition to the price of the Goods; |
| “Bespoke Products” | the Goods ordered by you that are made to your specification or are clearly personalised; |
| “Conditions” | the terms and conditions set out in this document; |
| “Contract” | the contract between you and us for the sale and purchase of the Goods in accordance with these Conditions which comes into existence in accordance with Condition 1.5; |
| “Distance Consumer” | a consumer contracting at a distance for example by telephone or online (as governed by the Consumer Protection (Distance Selling) Regulations 2000 as amended from time to time); |
| “Force Majeure Event” | shall have the meaning given in Condition 13; |
| “Goods” | the products that we are selling to you as set out in the Order including any Bespoke Products and Special Products; |
| “Home Consumer” | a consumer contracting during a visit by us to your home or place of work or the home of another individual, or during an excursion organised by us away from our business premises (as governed by the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 as amended from time to time); |
| “Notice of the Right to Cancel” | the notice given to a Home Consumer at the time you place your Order in accordance with the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008; |
| “Order” | your order for the Goods as set out in your purchase order form, your written acceptance of our quotation, the order confirmation, or overleaf as the case may be; |
| “Order Confirmation” | shall have the meaning set out in Condition 1.5; |
| “our”, “us” and “we” | Fayers Building and Plumbing Supplies trading as “Bathrooms and Showers Direct” a company registered in England and Wales with company number 00187552; VAT number 856391984 whose registered office is at 15-17 Margaret Road, Barnet, EN4 9NR, UK – England and Wales |
| “Special Products” | the Goods ordered by you which are not stocked by us and have to be placed on special order by us; |
| “Specification” | any specification for the Goods, including any plans and drawings, supplied to us by you, or produced by us and agreed by you in writing; |
| “Working Day” | a day (other than a Saturday, Sunday or public holiday in England) when the banks are open for business; and |
| “you” and “your” | the person that has accepted these Conditions including Distance Consumers and Home Consumers. |
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16.2 | References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision. |
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16.3 | References to “persons” include natural persons, firms, partnerships, companies, corporations, associations and organisations, (in each case whether or not having separate legal personality). |
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16.4 | Use of any gender includes the other genders. |
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16.5 | Words in singular include the plural and words in the plural include the singular. |
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16.6 | Any reference to “writing”, “written” or any other cognate expression includes communications by post and email but excludes facsimile and text messages. |
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16.7 | The headings to Conditions do not affect the interpretation of these Conditions. |
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16.8 | Any phrase introduced by the term “include”, “including”, “in particular” or any similar expression will be construed as illustrative and will not limit the sense of the words preceding that term. |