Terms and conditions
Please read the following important terms and conditions before you buy anything on Our Site.
Summary of some of Your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, You can change Your mind and get a full refund.
The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product You are entitled to the following:
up to 30 days: if Your goods are faulty, then You can get a refund;
up to six months: if they can't be repaired or replaced, then You are entitled to a full refund, in most cases;
up to six years: if the goods do not last a reasonable length of time, You may be entitled to some money back.
This is a summary of some of Your key rights. For detailed information from Citizens Advice please visit Citizens Advice or call
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
- Your legal rights and responsibilities;
- Our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- We, Us or Our means Sanctuary Bathrooms Leeds Limited (company number 07713662); and
- You or Tour means the person using Our Site to buy goods from Us.
If You don't understand any of this contract and want to talk to Us about it, please contact Us by:
- e-mail at email@example.com (where we will reply on Monday to Saturday between the hours of 9:00AM and 5:00PM); and
- telephone on
0113 390 7512(on Monday to Saturday between the hours of 9:00AM and 5:00PM).
who are we?
We are registered in England and Wales under company number:
Our registered office is at: Unit 6 & 7, Evans Business Centre, Albion Park, Albion Way, Leeds, LS12 2EP; and
Our VAT number is:
The details of this contract will not be filed with any relevant authority by us.
1.1 If You buy goods on Our Site You agree to be legally bound by this Contract.
1.2 This Contract is only available in English. No other languages will apply to this contract.
1.3 When buying any goods you also agree to be legally bound by our website terms and conditions and any documents referred to in them. All these documents form part of this contract as though set out in full here.
2. INFORMATION WE GIVE YOU
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that We must give You certain key information before a legally binding contract between You and Us is made. If You want to see this key information, please:
- 2.1.1 read the acknowledgement email (see clause 4.3.1); or
- 2.1.2 contact Us using the contact details at the top of this page.
2.2 The key information We give you by law forms part of this contract (as though it is set out in full here).
2.3 If We have to change any key information once a legally binding contract between You and Us is made, We can only do this if You agree to it.
3. DEFINITIONS AND INTERPRETATION
3.1 In these Conditions the following definitions apply:
- “Bespoke Item” - means any goods and other physical material that are marked by Us as being bespoke items on the Site or on the Purchase Order;
- “Account” - means the customer account containing your Personal Details and Payment Details required to purchase Goods from the Site;
- “Business Day” - means a day other than a Saturday, Sunday or bank or public holiday;
- “Conditions” - means Our online terms and conditions of sale as set out in this document;
- “Collection” - means the collection of the Goods by You from Our Warehouse as set out in the Order and Purchase Order;
- “Collection Service”- means Our collection service whereby We will collect returned Goods from the Location;
- “Contract” - means the agreement between You and Us for the sale and purchase of the Goods incorporating these Conditions and the Order;
- “Driver” - means the driver of Our delivery vehicle who will deliver the Goods in accordance with clause 9;
- “Delivery” - means the delivery of the Goods to the Location as set out in the Order and Purchase Order;
- “Goods” - means the goods and other physical material set out in the Order and to be supplied by us to you;
- “Location” - means the address(es) for delivery of the Goods as set out in the Order and Purchase Order;
- “Non-Returnable Goods” - means goods that cannot be returned including, but not limited to, certain goods that once opened raise hygiene concerns (such as toilet seats) or Bespoke Items;
- “Order” - means Your order for the Goods;
- “Order Date” - means the date on which You are deemed to have submitted Your Order;
- “Purchase Order” - means the receipt attached to the e-mail acknowledging Your Order as set out in clause 4.3.1 which summarises Your purchase and includes information as to: (1) Your purchase number; (2) a breakdown of the Goods; (3) the Specifications of such Goods; (4) whether any of the Goods are a Bespoke Item(s); (5) the total amount payable for the Goods (and Delivery if applicable); and (6) the Location for Delivery (or if You have opted to collect the Goods the address of Our Warehouse);
- “Payment Details” - means Your credit/debit card details;
- “Personal Details” - means Your personal details including Your: name, home address and contact details;
- “Site” - means Our website www.victorianbathrooms4u.com;
- “Specification” - means the description or specification of the Goods set out or referred to in the Order and Purchase Order;
- “VAT” - means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Goods; and
- “Warehouse” - means our warehouse at Unit 6 & 7, Evans Business Centre, Albion Park, Albion Way, Leeds, LS12 2EP.
3.2 In these Conditions, unless the context otherwise requires:
- 3.2.1 a reference to the Contract includes these Conditions, the Order, and their respective schedules, appendices and annexes (if any);
- 3.2.2 any clause, schedule or other headings in these Conditions are included for convenience only and shall have no effect on the interpretation of these Conditions;
- 3.2.3 a reference to a ‘party’ means either You or Us and includes that party’s personal representatives, successors and permitted assigns;
- 3.2.4 a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns
- 3.2.5 a reference to a ’company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;
- 3.2.6 a reference to a gender includes each other gender;
- 3.2.7 words in the singular include the plural and vice versa;
- 3.2.8 any words that follow 'include', 'includes', 'including', ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
- 3.2.9 a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form; and
- 3.2.10 a reference to legislation is a reference to that legislation as in force at the date of the Contract except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under the Contract.
4.ORDERING GOODS FROM US
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 Prior to being able to place an Order on the Site You must create an Account with Us either by clicking on the create an account link or at checkout by providing Us with Your Personal Details and Payment Details.
4.3 To place an Order on the Site You need to select each individual item that You wish to purchase and click the add to basket button on that item’s page. Once You have added all of the items that You wish to purchase to your basket You must then click on the checkout button and choose to either collect the Goods from Our Warehouse or have them delivered to You. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
- 4.3.1 When You place your order at the end of the online checkout process (e.g. when You click on the ‘Pay Now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
- 4.3.2 If You place an Order with Us on a day other than a Business Day or after 2:00PM on a Business Day the Order Date shall be the next Business Day.
- 4.3.3 We may contact You to say that we do not accept your order. This is typically for the following reasons:
- 126.96.36.199 the Goods are unavailable;
- 188.8.131.52 We cannot authorise Your payment;
- 184.108.40.206 You are not allowed to buy the Goods from Us;
- 220.127.116.11 We are not allowed to sell the Goods to You;
- 18.104.22.168 You have ordered too many Goods; or
- 22.214.171.124 there has been a mistake on the pricing or description of the Goods.
4.4 We will only accept Your Order when We notify you by telephone or by e-mail that we have either:
- 4.4.1 dispatched Your Goods; or
- 4.4.2 made, or are in the process of making, Your Goods available for Collection.
At this point a legally binding contract will be in place between you and us.
4.5 If You are under the age of 18 You may buy any Goods from Us.
5.1 We accept the following credit cards and debit cards: VISA, VISA Debit, MasterCard and Maestro. We do not accept cash.
5.2 We will do all that We reasonably can to ensure that all of the information You give Us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on Our part we will not be legally responsible to You for any loss that You may suffer if a third party gains unauthorised access to any information that You give Us.
5.3 Your credit card or debit card will only be charged when the goods are dispatched.
5.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
5.5 If Your payment is not received by Us and You have already received the Goods, You:
- 5.5.1 must pay for such Goods within 30 days; or
- 5.5.2 must return them to Us as soon as possible. If so, You must keep the Goods in your possession, take reasonable care of them (including ensuring that You follow any instructions or manuals given with the Goods) and not use them before You return them to Us.
5.6 If You do not return any goods (such as where you have not paid for them) We may collect the Goods from You at Your expense. We will try to contact You to let You know if We intend to do this.
5.7 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 6 and 7.
5.8 The price of the Goods:
- 5.8.1 is in pounds sterling (£)(GBP);
- 5.8.2 includes VAT at the applicable rate; and
- 5.8.3 does not include the cost of delivering the Goods (if You want information on your delivery options and costs, speak with Us in store or visit Our Site before you place Your Order.
6. RIGHT TO CANCEL THIS CONTRACT
6.1 Prior to Our dispatch of the Goods You have the right to cancel this Contract within 14 days without giving any reason.
6.2 To exercise the right to cancel, You must inform Us of your decision to cancel this Contract in store or by e-mail at firstname.lastname@example.org. It is sufficient for you to send your communication concerning your exercise of the right to cancel prior to Our dispatch of the Goods.
6.3 Once We have dispatched the Goods You are no longer entitled to cancel Your Order and must accept Delivery.
7. EFFECTS OF CANCELLATION PRIOR TO DISPATCH
7.1 If you cancel Your Order, we will reimburse to you all payments received from you, including the costs of Delivery (except for the supplementary costs arising if you chose a type of Delivery other than the least expensive type of standard Delivery offered by us).
7.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7.3 We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.
8. COLLECTION OF GOODS
8.1 If You choose to collect Your Goods from Our Warehouse We will confirm to You by e-mail the date and time at which Your Goods will be available for Collection.
8.2 If We do not contact You by e-mail within seven days of Your Order Date please telephone Us or visit Us in store to arrange an appropriate date and time for Collection.
9.1 We use couriers to deliver Our smaller Goods and Our own delivery service for larger Goods. If you want to see your delivery options, visit our webpage before you place your order or browse Your delivery options at the checkout page.
9.2 If You opt for Us to deliver the Goods We will let you know by e-mail the estimated date and five hour time window for Delivery.
9.3 If something happens which:
- 9.3.1 is outside of our control; and
- 9.3.2 affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
9.4 Time is not of the essence in relation to the performance or delivery of the Goods. We shall use Our reasonable endeavours to meet estimated dates for Delivery, but any such dates are approximate only.
9.5 Delivery of the Goods will take place when we deliver them to the Location stated in the Purchase Order.
9.6 We cannot deliver the Goods if We are unable to properly identify You. Please provide Our driver with a form of ID (passport or photocard driving licence).
9.7 Our Driver will use their reasonable endeavours to deliver the Goods to the Location’s front door. You must ensure that at least one able bodied person is present to assist Our Driver in carrying the Goods from their vehicle to the Location’s front door. As Our Driver will not enter the Location We recommend that You have two able bodied persons present for the delivery to carry the Goods inside the Location.
9.8 In the event that the Goods have been shipped on a pallet We will deliver the Goods as close as possible to Location’s the front door. If, for any reason, the Location is unreachable from the public highway We will deliver the Goods as near to the Location as possible.
9.9 Each Delivery shall be accompanied by a delivery note stating:
- 9.9.1 the Order Date;
- 9.9.2 Your relevant details;
- 9.9.3 Our relevant details;
- 9.9.4 the product numbers and type and quantity of Goods in the consignment;
- 9.9.5 any special instructions, handling and other requests; and
- 9.9.6 whether any packaging material is to be returned, in which case You shall, after the Goods are unpacked, make them available for collection by Us at the Our expense.
9.10 We advise that You check the Goods for any damage or shortages and notify Us of any such damage or shortages in accordance with clause 11 below.
9.11 If You appoint an agent to oversee the Delivery You should advise that agent to check the Goods for any damage or shortages. We will not consider any claims in respect of either damage or shortages if an agent signs the delivery note on your behalf and does not indicate that any of the Goods are damaged or that there are no shortages.
9.12 If You refuse to accept a Delivery for any reason We will charge You for any and all costs incurred by Us in relation to the Delivery. These costs will likely be significantly higher than the amount that You initially paid for Delivery.
9.13 If nobody is available to take delivery, please let Us know using the contact details at the top of this page.
9.14 Unless You and We agree otherwise, if We cannot deliver your Goods within 30 days, we will:
- 9.14.1 let You know;
- 9.14.2 cancel Your order; and
- 9.14.3 give You a refund.
9.15 You are responsible for the Goods when delivery has taken place. In other words, the risk in the Goods passes to You when You take possession of the Goods.
9.16 Unless You and We agree otherwise, if We cannot deliver Your Goods within 30 days, we will:
- 9.16.1 let You know;
- 9.16.2 cancel Your order; and
- 9.16.3 give You a refund.
9.17 If nobody is available to take delivery, please contact Us using the contact details at the top of this page.
9.18 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
9.19 We do not make deliveries to any addresses outside of the UK.
9.20 We may deliver Your Goods in instalments. If You want to see whether Your Goods may be delivered in this way, contact Us by telephone or by e-mail.
10.NATURE OF THE GOODS
10.1 The Consumer Rights Act 2015 gives You certain legal rights (also known as ‘statutory rights’), for example, the Goods:
- 10.1.1 are of satisfactory quality;
- 10.1.2 are fit for purpose; and
- 10.1.3 match the description, sample or model.
10.2 We must provide You with Goods that comply with Your legal rights.
10.3 The packaging of the Goods may be different from that shown on the site.
10.4 While we try to make sure that:
- 10.4.1 all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 3% in such weights, sizes and measurements for all Our Goods; and
- 10.4.2 the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
10.5 Any goods sold:
- 10.5.1 at discount prices;
- 10.5.2 as remnants; or
- 10.5.3 as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
10.6 If We can't supply certain Goods We may need to substitute them with alternative Goods of equal or better standard and value. In this case:
- 10.6.1 We will let You know if We intend to do this but this may not always be possible; and
- 10.6.2 You can refuse to accept such substitutes, in which case We will offer You a refund or a replacement and let You know how long such an offer remains open for.
11.DAMAGES AND SHORTAGES
11.1 Upon Collection or Delivery We advise that You inspect the Goods for any damage or shortages.
11.2 If any smaller Goods appear to be damaged upon Delivery You must notify Us by e-mail within 48 hours. If the packaging of any of the Goods appear to be damaged You must write ‘damaged’ on the courier’s delivery note.
11.3 If, upon Delivery, any larger Goods, including those shipped on a pallet, appear to have been damaged in transit You must note this on Our Driver’s delivery note. We will not accept any claims for products damaged in transit if on the delivery note You sign that they were in good condition.
11.4 If, upon Delivery, only part of the Goods are damaged You must make a note on the delivery note as to which item(s) are damaged. You must notify Us of any damaged item(s) within 48 hours either by telephone or by e-mail.
11.5 If any of Your Goods are damaged We will arrange a date and time with You to provide a suitable replacement.
11.6 If Your Order contains a damaged Bespoke Item We will provide a replacement as soon as one is manufactured and will contact You so as to arrange a date and time to collect the damaged Bespoke Item and to deliver its replacement.
- 11.7 We will not consider any claims in respect of either damage or shortages once the Goods have either:
- 11.7.1 been collected from Our Warehouse; or
- 11.7.2 delivered to the Location and You have not reported any damages or shortages to Us within 48 hours after Delivery.
12.RETURNING NON-FAULTY GOODS
12.1 Following Delivery You may return any non-faulty Goods (other than Non-Returnable Goods) to Us providing that You notify Us by telephone or by e-mail of Your intention to return the item(s) within 14 days of the day after the date of Delivery.
12.2 We will only accept a returned non-faulty item(s) if We deem it to be in good condition and it is returned in its original packaging.
12.3 To arrange a return You must use the ‘Arrange a Return’ link on Our Website specifying details of Your Order regarding:
- 12.3.1 Your Delivery;
- 12.3.2 which Goods are to be returned;
- 12.3.3 why the Goods are to be returned (optional);
- 12.3.4 whether You intend to arrange for the return of the non-faulty Goods or use our Collection Service; and (if you opt for the latter)
- 12.3.5 a date and time for Us to collect the Goods from the Location.
12.4 You are solely responsible for any and all costs incurred in relation to the return of non-faulty Goods.
12.5 If You choose to return the non-faulty Goods yourself by courier or any other postal service You must provide our customer care team with any proof of postage and/or a delivery reference. We reserve the right to charge You for any damage caused to returned item(s) in transit and will deduct this amount from any refund in respect of the returned Goods.
12.6 If You choose to use Our Collection Service We will charge You for the transportation costs associated with the return with the collection of smaller items charged at £15.00 [per item] and the collection of larger items charged at £80.00 [per item]. We will not process any request for the collection of non-faulty goods until this charge is paid by You.
12.7 If the Goods are not returned to Us within 28 days starting from the day after the date of Delivery any return may be subject to an additional 25% restocking charge.
12.8 We will refund You for the return of any non-faulty Goods for the full amount of the paid purchase price as stated in Your Purchase Order within 28 days minus any incurred charges as set out in clauses 12.5 and 12.7.
13.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this Contract. They are a summary of Your key rights. For more detailed information on Your rights and what You should expect from Us, please:
- 13.1.1 contact Us using the contact details at the top of this page; or
- 13.1.2 visit the Citizens Advice website www.citizensadvice.uk or call
03454 04 05 06.
- 13.1.2 visit the Citizens Advice website www.citizensadvice.uk or call
13.2 Nothing in this Contract affects Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
13.3 Please contact us using the contact details at the top of this page, if You want:
- 13.3.1 Us to replace the goods;
- 13.3.2 a price reduction; or
- 13.3.3 to reject the goods and get a refund.
13.4 If upon installation the Goods are or appear to be faulty You must notify Us by e-mail Your within 30 days starting from the day after the date of Delivery.
13.5 To arrange for the return of the faulty Goods You must use the ‘Arrange a Return’ link on Our Website specifying details of Your Order regarding:
- 13.5.1 your Delivery;
- 13.5.2 which Goods are faulty and are to be returned;
- 13.5.3 whether You would like a replacement item(s) or a refund;
- 13.5.4 whether You intend to arrange for the return of the faulty Goods or use our Collection Service;
- 13.5.5 a date and time for Us to collect the Goods from the Location (if applicable); and
- 13.5.6 a date and time for Us to deliver any replacement item(s) to the Location (if applicable).
13.6 If You choose to return the non-faulty Goods yourself by courier or any other postal service We will refund You for reasonable postage costs within 28 days of Our receipt of proof of postage and/or an applicable delivery reference.
13.7 If You choose to use Our Collection Service We will provide this free of charge.
13.8 If a Bespoke Item We provide is or appears to be faulty We will provide a replacement as soon as one is manufactured and will arrange a date and time with You to deliver this and collect the faulty Bespoke Item.
13.9 All returned faulty Goods will be tested by the manufacturer of those Goods. In the event that the returned Goods are deemed to not be faulty We will refund You for the full amount of the paid purchase price as stated in Your Purchase Order minus the cost of the testing process.
13.10 Subject to clause 13.10, following the return of faulty goods We will either refund You for the full amount of the paid purchase price as stated in Your Purchase Order or provide You with a suitable replacement within 28 days.
14.WARRANTY AND GUARANTEE
14.1 All of Our Goods come with a manufacturers guarantee which warrant that the Goods shall, for a period of 12 months from Delivery (the Warranty Period):
- 14.1.1 conform in all material respects to the Order and Specification;
- 14.1.2 be free from material defects in design, material and workmanship; and
- 14.1.3 be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
14.2 In instances where certain Goods are stated to have longer guarantees these guarantees are covered solely by the manufacturer and not by Us.
14.3 In most cases manufacturers offer a service for item(s) that are faulty or develop a faulty whereby an engineer will come to the Location and repair or replace the faulty item(s). We advise that if the fault is not causing any damage You do not remove an installed item as this could void your guarantee. We advise that You contact the manufacturer directly.
14.4 The provisions of these Conditions, including the warranty set out in clause 14.1, shall apply to any Goods that are repaired or replaced with effect from Delivery of the repaired or replaced Goods.
14.5 We shall not be liable for any failure of the Goods to comply with clause 14.1:
- 14.5.1 where such failure arises by reason of wear and tear, wilful damage, negligence, or could be expected to arise in the normal course of use of the Goods;
- 14.5.2 to the extent caused by Your failure to comply with the Our instructions in relation to the Goods, including any instructions on installation, operation, storage or maintenance;
- 14.5.3 to the extent caused by Us following any specification or requirement of Yours in relation to the Goods;
- 14.5.4 where You modify any Goods without the Our prior written consent or, having received such consent, not in accordance with the Our instructions; or
- 14.5.5 where You uses any of the Goods after notifying Us that they do not comply with clause 14.1.
14.6 Except as set out in this clause 14:
- 14.6.1 We gives no warranties and makes no representations in relation to the Goods; and
- 14.6.2 shall have no liability for their failure to comply with the warranty in clause 14.1,
and all warranties and conditions (including the conditions implied by ss 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
15.END OF THE CONTRACT
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
16.LIMIT ON OUR RESPONSIBILITY TO YOU
16.1 The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 16.1.
16.2 Subject to clause 16.5, Our total liability shall not exceed the sum of the paid purchase price as set out in the Order and Purchase Order.
16.3 Subject to clause 16.5, We shall not be liable for consequential, indirect or special losses.
16.4 Subject to clauses 16.5 and 16.5, We shall not be liable for any of the following (whether direct or indirect):
- 16.4.1 loss of profit;
- 16.4.2 loss of data;
- 16.4.3 loss of use;
- 16.4.4 loss of production;
- 16.4.5 loss of contract;
- 16.4.6 loss of opportunity;
- 16.4.7 loss of savings, discount or rebate (whether actual or anticipated);
- 16.4.8 harm to reputation or loss of goodwill.
16.5 Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:
- 16.5.1 death or personal injury caused by negligence;
- 16.5.2 fraud or fraudulent misrepresentation; and
any other losses which cannot be excluded or limited by applicable law.
17.1 We will try to resolve any disputes with You quickly and efficiently.
17.2 If You are unhappy with:
- 17.2.1 the Goods;
- 17.2.2 Our service to You; or
- 17.2.3 any other matter;
please contact Us as soon as possible.
17.3 If You and We cannot resolve a dispute using Our internal complaint handling procedure, We will:
- 17.3.1 let You know that We cannot settle the dispute with You; and
- 17.3.2 give You certain information required by law about our alternative dispute resolution (ADR) provider.
17.4 If you want to take court proceedings, the courts of England will have exclusive jurisdiction in relation to this contract.
17.5 The laws of England and Wales will apply to this contract.
THIRD PARTY RIGHTS
No one other than a party to this contract has any right to enforce any term of this contract