Terms & Conditions
COMPANY TERMS AND CONIDTIONS
Please read these terms and conditions carefully as they set out important provisions which will affect you and are deemed to form part of the Agreement. In particular please consider clause 10 (The Goods and Natural Variations) and Clause 12 (Limitations and Exclusions of Liability).
In this Agreement, unless the context requires otherwise:
1.1 ‘AGREEMENT’ means the agreement between the Company and the Customer comprised of these Conditions and the Order Form;
1.2 ‘BUSINESS DAY’ means any day which is not a Saturday, Sunday or a bank or public holiday in England;
1.3 ‘CONDITIONS’ means these terms and conditions and any special terms and conditions agreed in writing by the Company;
1.4 ‘CONSUMER’ means any natural person who acting for purposes outside his business has concluded an Agreement with the Company exclusively via the telephone, fax, e-mail, catalogues or other means of distance communication who has additional rights of cancellation pursuant to clauses 8 and 9.
1.5 ‘CUSTOMER’ means the person or entity specified on the Order Form;
1.6 ‘DELIVERY DATE’ means the date specified on the Order Form by the Company when the Goods are to be delivered;
1.7 ‘GOODS’ means the articles which the Customer agrees to buy from the Company;
1.8 ‘ORDER FORM’ means a form signed by the Customer confirming the order of the Goods;
1.9 ’PRICE’ means the price for the Goods excluding carriage, packing and insurance; and
1.10 The ‘COMPANY’ “we”, “us” means Tiles DIY.
2. Applicable Terms, Conditions and Representations
2.1 All these terms are the express terms. It conditions governing the Agreement.
2.2 There will not be a variation or change to anything in this Agreement unless it is agreed in writing and signed by both parties.
2.3 It is the recipient’s responsibility to check that all the details relating to his/hers are correct and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and for his/hers delivery.
2.4 It is important that the recipient/client checks their measurements carefully. Orders should always have an additional 10% to allow for wastage. This is required to cover cutting, minor imperfections; this could be expected with the type of stone and finish ordered, and breakage. If the client do not order enough, we will therefore not be responsible with shade or batch differences on the tiles sent out to complete the jobs.
2.5 Our staff can provide estimates of quantities of goods, this will however be based on general guidelines and the measurements which you have supplied. It is your responsibility to arrange for accurate measurements for us to be able to ensure that the correct quantities of Goods are ordered. As a result the client should therefore seek professional advice as variations in surfaces and angles may affect the quantities required. We do not accept any responsibility for any shortfalls or surpluses.
2.6 Due to the fact that; we have not carried out a survey or inspection of the installation site of the Goods, we therefore cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a Consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.
2.7 If you are acting other than as a Consumer, you are then confirming that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us that is not expressly incorporated into this Agreement in writing and signed by both of us.
2.8 We cannot and will not be responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation to us. We will attempt to notify you as soon as possible should these problems occur.
3. Formation of the Contract
3.1 Where an order is placed by telephone, the order shall be confirmed in writing, either by email or by other written means. The order shall be confirmed in writing either by the Seller or the Buyer.
3.2 Where the order is confirmed by the Buyer in writing, the Seller will respond to the Buyer in writing, either by email or by other written means, acknowledging receipt of the email or the written order. This acknowledgement does not constitute acceptance of the order and the order constitutes an offer to the Seller by the Buyer to buy the Goods.
3.3 Where the order is confirmed by the Seller by email or other written means, the Buyer shall respond to the Seller by email or other written means to acknowledge receipt of the email or written order details. It is the responsibility of the Buyer to check that the order details specified by the Seller are correct, and the Seller accepts no responsibilities if any of the order details are incorrect.
3.4 The acknowledgement by the Buyer where the order is confirmed by the Seller does not constitute acceptance and is an offer to the Seller to buy the Goods.
3.5 Where an order is placed by the Buyer by email, the Seller will acknowledge the email by sending an email to the Buyer. This acknowledgement does not constitute acceptance of the order and the order constitutes an offer to the Seller by the Buyer to buy the Goods.
3.6 All orders are subject to acceptance by the Seller. Acceptance will be confirmed by the Seller, usually in an email, or other written means, advising the Buyer that the Goods have been dispatched.
3.7 The Contract will be deemed to have been formed once the Buyer sends the dispatch confirmation in accordance with Clause 3.6 above.
4. DESCRIPTION AND SAMPLES
4.1 We have provided descriptions, images (in both print and on the internet) and samples of our Goods to give an approximate illustration of the Goods only.
4.2 By purchasing, the client acknowledges that the Goods are natural and geological variations will occur in terms of colour, markings, texture, and size and between consignments, which are beyond our control. It is advisable for clients to view as much of the Goods as possible before entering into this Agreement.
4.3 Please be aware that that all of the Goods are porous to some degree and should be sealed by a professional sealer. Some of our products may easily be scratched and/or be subject to natural pitting/chipping.
5.1 The Price on our price list is exclusive of any value added tax, and delivery charge, which you must pay in addition.
5.2 We hold the right to change the Price of the Goods by giving clients a notice at any given time before delivery takes place. This is required to reflect any cost increase related to the product. If the client is not happy with the changed price, they then have the right to cancel the order. If we have ordered a non-stocked item (special order) for you or this product is being fabricated for you, this then cannot be cancelled after the fabrication process has started. If we do agree to cancel this order, the client will be responsible to pay any cost incurred during the fabrication process.
6.1 Payment is required on placement of your order. Please note that we will not arrange delivery until we are in receipt of cleared funds.
7. DELIVERY & COLLECTION
7.1 We are usually able to provide a delivery date, but time for delivery is not our responsibility. We use an independent delivery company for our deliveries, as a result; we are not responsible so we cannot guarantee delivery times.
7.2 The Goods, which are out for delivery will be off-loaded at the nearest accessible available area to the Delivery Address, this may be the kerb side. The driver is not responsible to carry the goods inside of the property.
7.3 You must be made aware of any access restrictions; this is required to book an appropriate vehicle for the delivery.
7.4 The cost of delivery is chargeable and excludes VAT. As a result the costs of delivery charges are subject to VAT.
7.5 If we attempt to deliver and not successful, as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.
7.6 You may only collect your Goods from our warehouse by agreeing in advance. You can also arrange your own transportation of the Goods, however it is at your own risk and we will not accept claims for damage or breakages.
7.7 We advise our clients to increase the size of his/hers order by 10% to cover wastage which may occur during site handling and if any of the Goods are damaged during delivery.
8. TITLE AND RISK
15.1 The Goods are at the risk of the Customer from the time of delivery.
15.2 Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
15.2.1 The Goods; and
15.2.2 All other sums which are or which become due to the Company from the Customer on any account.
15.3 Where the Customer collects the Goods from the Company’s premises then the Goods will be at the Customer’s risk from that point.
9. UNPACKING, STACKING AND STORING
9.1 Care must be taken when unpacking the Goods are lifted out. We advise you to stack and store these goods vertically. All goods must not be placed on a hard surface, this could cause unnecessary edge chipping. We will not be responsible for damages which occur after delivery or collection.
9.2 Natural Stone tiles will need to dry out before the installation process begins. It is your responsibility to ask your tiler to provide you with an explanation of the process.
10. THE GOODS AND NATURAL VARIATIONS
10.1 The quantity and description of the Goods shall be as set out on the packing list.
10.2 All descriptive information, samples by us and any descriptions or illustrations contained in our catalogues, brochures or internet website are issued are only for the purpose of giving an approximate idea of the goods.
10.3 The Customer/client acknowledges that our natural stone has variations of stone and we/Company cannot guarantee colour or shade differences between the batches of tiles.
11. ACCEPTANCE OF THE GOODS
11.1 It is the responsibility of the Customer to inspect the Goods on delivery and the Customer should inspect the Goods on delivery.
11.2 After inspecting the Goods, if the Customer is not satisfied with the Goods, he can either refuse the Goods on delivery or return the Goods to the Company within 7 days from the delivery specifying the reasons for return and in accordance with clause 7.
11.3 The Customer shall be deemed to have accepted the Goods if the Goods have not been returned to the Company in accordance with clause 11.2 above.
11.4 After acceptance the Customer shall not be entitled to reject Goods which are not in accordance with the description on the Order Form save in the circumstances set out in clause 9.
11.5 Once the Customer accepts the Goods in accordance with clause 11.3 above, and once the Goods have been used in any way, the Seller accepts no responsibility and no liability as to the quality, colour or shade difference, or calibration of the Goods.
11.6 The quantity of any consignment of Goods as recorded by the Company upon despatch shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
11.7 If the client wishes to cancel the Goods which have already been delivered, the clients return the Goods to our warehouse at their own cost. We can also arrange collection on your behalf, If we collect the goods, then you will be liable for the cost of collection.
11.8 The client have a duty of care during the period of cancellation, this is required to safeguard that the goods are returned to us in good condition. We reserve the right to charge for any damages caused by failure to carry out your duty of care.
12. LIMITATIONS AND EXCLUSIONS OF LIABILITY
12.1 Subject to clause 4 and your statutory rights, all warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
12.2 Nothing in the Agreement excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence, for any matter which it would be illegal for the Company to exclude or for fraud or fraudulent misrepresentation.
12.3 Subject to clause 12.2:
12.3.1 The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance under this Agreement shall be limited to the Price; and
12.3.2 the Company shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Agreement.
12.4 Where the Customer rejects any Goods then the Customer shall have no further rights whatever in respect of the supply to the Customer of such Goods or the failure by the Company to supply Goods which conform to the contract of sale.
12.5 Where the Customer accepts or has been deemed to have accepted any Goods then the Company shall have no liability whatsoever to the Customer in respect of those Goods.
12.6 The Company shall not be liable to the Customer for late delivery or short delivery of the Goods.
12.7 We reserve the right to charge a restocking and collection charge for goods returned to us which are not for reasons outlined in clause 11.1.
13.1 the Company shall reimburse any sum paid by or on behalf of the Consumer less any charge of recovering the Goods in the event that the Consumer fails to return the Goods in accordance with clause 13.2
13.2 For the avoidance of doubt whether the Customer is a Consumer shall be determined by the Company acting in its sole reasonable opinion. A Customer who is not a Consumer shall not have a right of cancellation.
13.3 A Consumer will have no right of cancellation where Goods are made to the Consumer’s specification or clearly personalized or which by reason of their nature cannot be returned or liable to deteriorate or expire rapidly.
14. FIXING PRODUCTS AND INSTALLATION
14.1 Any advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter.
14.2 We cannot therefore be responsible for the manner of installation of the Goods or for damage caused during or arising out of installation.
15.1 The Company reserves the right to defer the date of delivery or cancel the Agreement or reduce the volume of the Goods if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control, including without limitation acts of God, natural disasters or restraints or delays effecting suppliers or carriers. If the event in question continues for a period of 1month the Customer shall be entitled to terminate the Agreement.
15.2 If any provision of this Agreement is found by a body of competent jurisdiction to be wholly or partly illegal, invalid, void, unreasonable or unenforceable then the contravening element shall be deemed severable and the remaining provisions of the Agreement such continue in full force and effect.
15.3 This contract is subject to the law of England and Wales and is subject to the exclusive jurisdiction of the English courts.
16. THIRD PARTIES
This Agreement is not intended to and does not give any third parties any right to enforce any of its provisions