Menu Basket search

WE DELIVER NATIONWIDE | ORDER A SAMPLE TODAY | CONTACT THE HELPDESK

Tileflair: Terms and Conditions

 

TILEFLAIR LIMITED

Registered Office & Mailing Address:

Highwood Lane, Cribbs Causeway, Bristol BS34 5TQ

Telephone: 0117 959 8877 Facsimile: 0117 959 8878

Registered Number: 1051487 England

VAT Reg. No.885438869

 

Terms and Conditions for goods purchased on our Website by a Consumer. Please pay particular attention to the section headed “Exclusions” at the end of these terms and conditions

 

General:

1. The following conditions of sale shall apply to the purchase of goods from Tileflair Limited (”we” “us” “our”) by you as a consumer acting for purposes outside your trade business or profession (”you” “your”), where you are making a purchase through our website.

2. If you are making a purchase other than through our website, or if you are not a consumer, then the following terms and conditions shall apply:

(a) for purchases made in one of our stores, the terms and conditions displayed in the store;

(b) for business customers, the terms and conditions set out below

3. These conditions apply to the exclusion of all other terms and conditions.

4. You acknowledge acceptance of these Conditions of Sale on the placing of an order with us. Your order is an offer to buy goods from us, which we may either accept or reject. Where we accept, we will issue a written acceptance of your order, and at that point the contract between you and us will come into existence on the basis of these conditions.

5. These conditions may not be varied except by our agreement in writing.

6. Your statutory rights are not affected by anything set out in these conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

7. Where you are two or more persons the liability of such persons under the contract is joint and several.

8. The contract shall be governed by and interpreted in accordance with English law and you and we submit to the jurisdiction of the English Courts.

9. If:

(a) any court or competent authority finds that any provision of these conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the conditions shall not be affected;

(b) any invalid, unenforceable or illegal provision of the conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

10. A person who is not a party to the contract between you and us shall not have any rights under or in connection with it.

11 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights or obligations under these conditions.

12. You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these conditions without our prior written consent.

Definitions:

1. 'goods' means the tiles or other products which you order from us.

2. 'price' means the price for the goods excluding (where applicable) delivery charges, packing and insurance.

3. 'working day' means a Monday to a Friday inclusive but excluding Bank Holidays and the Company's Christmas and New Year Holiday closures as specified on our website.

Description Of Goods

1. All descriptions, specifications and advertising on our website are for the purposes of giving an impression of the goods only and cannot be relied upon for selecting a purchase. Any typographical, clerical or other error of omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our behalf.

2. We operate a sample policy as set out below to assist you.

Price

1. Prices quoted are based on current costs and subject to alteration to take account of any rise in such costs or if there has been an error or omission.

2. If the price changes, we will give you notice and you will have an opportunity to withdraw by giving notice to us to that effect within 48 hours of receipt of notice of alteration.

3. All prices shown are inclusive of VAT.

Clearance Tiles

1. 'Clearance' tiles are made from mixed/ old/ previous batches or discontinued items and are therefore non-refundable.

2. Sufficient tiles should be purchased plus additional tiles as we do not guarantee future availability. Once the stock has been sold, we will not stock clearance tiles. You can always contact the sales office to check whether we can order clearance stock and a surcharge may be applicable.

Samples

1. Before placing an order you may order up to 6 sample pieces of plain tiles only free of charge. Sample sizes will be approximately 100 x 100 mm.

2. Shade variation is an inherent part of the manufacture of ceramic tiles particularly in the decorative effects and goods supplied may not reflect precisely the shade of sample material.

Ordering Goods

1. To order goods you should follow instructions on our website.

2. It is your responsibility to order a sufficient quantity of tiles for the area to be tiled and we cannot guarantee that any subsequent order can be fulfilled with the same batch and shade of tiles.

3. It is recommended to check receipt of a complete and satisfactory order before booking a tile fixer to commence work.

Availability Of Goods

1. All goods are subject to availability but if they are in stock in our warehouse then goods would normally be despatched within 3 working days excluding day of order. Time for delivery of goods shall not be of the essence.

2. If we or suppliers are temporarily out of stock for any reason we will notify you of the anticipated date of availability for despatch and if this is longer than 14 days then we will give you the opportunity to cancel the order and to obtain a refund of any payment made in full.

3. We will not be responsible for compensating you for any losses which may be suffered if we are not able to supply the goods for any reason within these times.

Payment

1. When you order goods payment may be made by most major credit or debit cards including Mastercard, Visa and Maestro.

2. You must give full address including postcode and telephone number which must be the same as the credit card or debit card bank has on file for you.

3. The order will only be processed when authorisation for payment has been correctly received.

Delivery Charges

1. There will be no delivery charge for addresses within mainland UK, Isle of Wight and Isle of Man on orders over £100 including VAT. Orders under £100 including VAT will be subject to a delivery charge for which a quotation will be given on request.

2. Orders of any value outside mainland UK, Isle of Wight and Isle of Man will be subject to a delivery charge for which a quotation will be given on request.

Delivery Times

1. Goods ordered, where available, will normally be despatched within 3 working days excluding day of order and will only be delivered to the cardholder's registered billing address unless you specify an alternative address and we have agreed. Dates quoted for delivery are approximate only and time for delivery of goods shall not be of the essence, but if we are unable for any reason to deliver your order within 14 working days of the order, you have the right to cancel the order and we will refund any money you have paid for the goods. We will not be liable for any losses you suffer for late delivery or inability to deliver, nor for any delay which is the result of any factor which is beyond our reasonable control.

2. Delivery will normally be between Monday and Friday during the hours of 9 a.m. and 5 p.m. and delivery options are available to view on our website.

3. You will accept delivery of goods ordered when tendered. You are not entitled to reject delivery or return the goods because the number delivered is less than the order. Short deliveries should be notified within 48 hours of delivery. You should check all goods delivered upon delivery and in any event before installation of goods. We shall in no event be liable for the costs of removal or re-installation of goods once installed.

4. If you are not at home the driver will not leave the goods as there must be an authorised person to sign for and accept delivery.

5. If an additional visit has to be made for attempted delivery then we will make an additional charge of £15 which you must pay in advance of delivery.

Risk

1. The risk in the goods shall pass to you on delivery, or where we have attempted to deliver and you are not at home.

Damage

1. You should examine all goods on delivery to be satisfied that the goods are undamaged, of the correct quantity and in accordance with the contract.

2. Any damage in transit to the goods, shortages or errors must be written on the delivery note at the time of delivery.

3. If any of the goods are received in a damaged condition or if there are any shortages or errors then you must inform us in writing of the exact amount missing or the extent of the damaged goods within two working days of the delivery

4. We may make arrangements to collect all damaged or faulty goods on request and if they are found to be damaged or faulty then we will arrange for replacements or make an appropriate refund.

5. It is your responsibility to check tiles for shade variation, visible defects or discrepancies of any kind before any tiles are fixed.

6. No complaints can be accepted after the tiles have been fixed.

Quality

1. We warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), the goods shall (taking into account the factors set out in this section):

(a) conform in all material respects with their description;

(b) be free from material defects in design, material and workmanship;

(c) be fit for any purpose held out by us; and

(d) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

2. Subject to paragraph 3 below, if:

(a) you give us notice in writing during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in paragraph 1 above;

(b) we are given a reasonable opportunity of examining such goods; and

(c) you (if we ask you to do so) return such goods to our place of business at our cost, we may repair or replace the defective goods, or refund the price of the defective goods in full. We shall not be liable to remove or re-install goods which have been fitted (by you or on your behalf).

3. We shall not be liable for goods' failure to comply with the warranty set out in paragraph 1 in any of the following events:

(a) you make any further use of such goods after giving notice in accordance with paragraph 2;

(b) the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the goods or (if there are none) good trade practice regarding the same;

(c) the defect arises as a result of us following any drawing, design or specification supplied by you;

(d) you alter or repair such goods without our written consent;

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;

(f) the goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or

(g) the goods have been fitted.

4. Except as provided in this section headed “Quality”, we shall have no liability to you in respect of the goods' failure to comply with the warranty set out in paragraph 1 above.

5. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.

6. These conditions shall apply to any repaired or replacement goods supplied by us.

7. Shade variation is an inherent part of the manufacture of ceramic tiles and associated products particularly in the decorative effects and

(a) goods are sold subject to the variation in shade experienced in the goods;

(b) it is important that an acceptable blend of shade is achieved before goods are fixed and no liability in respect of shade variation will be accepted after goods have been fixed in any event;

(c) goods supplied may not reflect precisely the shade of sample material.

(d) no responsibility in respect of staining caused by coloured grouts will be accepted.

8. No tiles are guaranteed against crazing.

9. The supply of goods does not mean that they are suitable for a specific installation.

Cancellation

1. If you are not totally satisfied with the order for any reason, you have the right to cancel the order within 7 working days starting on the day after you receive the goods for a full credit or refund less any applicable delivery charges. The return of adhesives and grouts cannot be accepted due to shelf life.

2. You must make any cancellation request in writing and we must receive it within the 7 working day period.

3. You will be responsible for the return of goods and any associated costs of return. Refunds or credits for goods will only be made if goods are received back complete and in a re-saleable condition.

4. Returns must be made within 28 days and must be accompanied with a copy of the despatch note.

Exclusions

1. Nothing in these conditions shall be deemed to exclude or attempt to exclude our or your liability for:

(a) death or personal injury caused by negligence, or the negligence of employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;

(d) defective products under the Consumer Protection Act 1987; or

(e) any matter in respect of which it would be unlawful for us or you to exclude or restrict liability.

2. Subject to the above:

(a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract which is the subject of these conditions; and

(b) if we fail to deliver goods, our liability shall be limited to your costs and expenses in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the goods. We shall have no liability for any failure to deliver goods to the extent that such failure is caused by a factor outside of our reasonable control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods; and

(c) our total liability to you in respect of all other losses arising under or in connection with the contract which is the subject of these conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the goods.

3. You should ensure that all advice opinions representation or information on which you wish to rely in entering into any contract with us should be reduced to writing and notified to us.

4. No refund or exchange will be given for soiled or damaged goods in respect of faults which have been indicated at the time of sale.

5. These conditions and anything which you have notified to us as required in paragraph 3 of this section constitute the entire agreement between us and you. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these conditions or under paragraph 3.

Terms and Conditions for goods purchased on our Website by a Trade Cash Account Customer Please pay particular attention to the section headed “Exclusions” at the end of these terms and conditions

 

General

1.1 The following conditions of sale shall apply to the purchase of goods from Tileflair Limited (‘the Company") by you as a Trade Cash Account Customer acting for purposes of your trade business or profession (‘the TCAC") to the exclusion of all other terms and conditions which the TCAC may purport to apply under any purchase order, confirmation of order or similar document.

1.2 The TCAC acknowledges acceptance of these Conditions of Sale on the placing of an order with the Company.

1.3 These conditions may not be varied except by the agreement in writing of the Company.

1.4 Any notice required or permitted to be given by either party to the other under these Conditions of Sale shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.

1.5 No waiver by the Company of any breach of the contract by the TCAC shall be considered as a waiver of any subsequent breach of the same or any other provision.

1.6 Where the definition of the TCAC comprises two or more persons the liability of such persons under the contract is joint and several.

1.7 The contract shall be governed by and interpreted in accordance with English law and the TCAC submits to the jurisdiction of the English Courts but the Company may enforce the contract in any court of competent jurisdiction.

1.8 If:

(a) any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected;

(b) any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

1.9 A person who is not a party to the Contract shall not have any rights under or in connection with it.

1.10 The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

1.11 The TCAC may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Company.

Definitions

2.1 ‘goods' means the tiles or other products which the TCAC orders from the Company.

2.2 ‘price' means the price for the goods excluding (where applicable) delivery charges, packing and insurance.

2.3 ‘working day' means a Monday to a Friday inclusive but excluding Bank Holidays and the Company's Christmas and New Year Holiday closures as specified on the Company website.

Description of goods

3.1 All descriptions, specifications and advertising on the Company website are for the purposes of giving an impression of the goods only and cannot be relied upon for selecting a purchase. Any typographical, clerical or other error of omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on behalf of the Company.

3.2 The Company operates a sample policy as set out below to assist the TCAC.

Price

4.1 Prices quoted are based on current costs and subject to alteration to take account of any rise in such costs or if there has been an error or omission.

4.2 If the price changes, the Company will give notice to the TCAC who will have an opportunity to withdraw by giving notice to the Company to that effect within 48 hours of receipt of notice of alteration.

Samples

5.1 Before placing an order the TCAC may order up to 6 sample pieces of plain tiles only free of charge. Sample sizes will be approximately 100 x 100 mm.

5.2 Shade variation is an inherent part of the manufacture of ceramic tiles particularly in the decorative effects and goods supplied may not reflect precisely the shade of sample material.

Ordering Goods

6.1 To order goods the TCAC should follow instructions on the Company's website.

6.2 It is the responsibility of the TCAC to order a sufficient quantity of tiles for the area to be tiled and the Company cannot guarantee that any subsequent order can be fulfilled with the same batch and shade of tiles.

6.3 It is recommended to check receipt of a complete and satisfactory order before making arrangements for tiles to be fitted.

Availability of Goods

7.1 All goods are subject to availability but if they are in stock in the Company's warehouse then goods would normally be despatched within 3 working days excluding day of order. Time for delivery of goods shall not be of the essence.

7.2 If suppliers or the Company are temporarily out of stock for any reason the Company will notify the TCAC of the anticipated date of availability for despatch and if this is longer than 14 days then the Company will give the TCAC the opportunity to cancel the order and to obtain a refund of any payment made in full.

7.3 The Company will not be responsible for compensating the TCAC for any losses which may be suffered if the Company is not able to supply the goods for any reason within these times.

Payment

8.1 When the TCAC orders goods payment may be made by most major credit or debit cards including Mastercard, Visa and Maestro.

8.2 The TCAC must give full address including postcode and telephone number which must be the same as the credit card or debit card bank has on file for the TCAC.

8.3 The order will only be processed when authorisation for payment has been correctly received.

Delivery Charges

9.1 Orders under £120 for delivery within mainland UK, Isle of Wight and Isle of Man will be subject to a delivery charge for which a quotation will be given on request.

9.2 Orders of £120 or more for delivery within mainland UK, Isle of Wight and Isle of Man will be delivered free of charge.

9.3 Orders of any value for delivery outside mainland UK, Isle of Wight and Isle of Man will be subject to a delivery charge for which a quotation will be given on request.

Delivery Times

10.1 Goods ordered, where available, will normally be despatched within 3 working days excluding day of order and will only be delivered to the cardholder's registered billing address. Time for delivery of goods shall not be of the essence. The Company will not be liable for any delay which is the result of any factor which is beyond its reasonable control.

10.2 Delivery will normally be between Monday and Friday during the hours of 9 a.m. and 5 p.m. and delivery options are available to view on the Company website.

10.3 Any dates quoted for delivery of the goods are approximate only and the Company shall not be liable for any delay in delivery of the goods however caused. The goods may be delivered by the Company in advance of the quoted delivery date.

10.4. The TCAC will accept delivery of goods ordered when tendered. The TCAC is not entitled to reject delivery or return the goods because the number delivered is less than the order. Short deliveries should be notified within 48 hours of delivery. The TCAC should check all goods delivered upon delivery and in any event before installation of goods. The Company shall in no event be liable for the costs of removal or re-installation of goods once installed.

10.5 If the TCAC is not present the driver will not leave the goods as there must be an authorised person to sign for and accept delivery.

10.6 If an additional visit has to be made for attempted delivery then an additional charge of £25 will be incurred by the TCAC which must be paid to the Company in advance of delivery.

Risk

11.1 The risk in the goods shall pass to the TCAC on delivery, or where the Company has attempted to deliver and the TCAC is not available to take delivery.

Damage

12.1 The TCAC should examine all goods on delivery to be satisfied that the goods are undamaged, of the correct quantity and in accordance with the contract.

12.2 Any damage in transit to the goods, shortages or errors must be written on the delivery note at the time of delivery.

12.3 If any of the goods are received in a damaged condition or if there are any shortages or errors then the TCAC must inform the Company in writing of the exact amount missing or the extent of the damaged goods within two working days of the delivery

12.4 The Company may make arrangements to collect all damaged or faulty goods on request and if they are found to be damaged or faulty then the Company will arrange for replacements or make an appropriate refund.

12.5 It is the responsibility of the TCAC to check tiles for shade variation, visible defects or discrepancies of any kind before any tiles are fixed.

12.6 No complaints can be accepted after the tiles have been fixed.

Quality

13.1 The Company warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the goods shall (taking into account the factors set out in clauses 13.7 and 13.8):

(a) conform in all material respects with their description;

(b) be free from material defects in design, material and workmanship;

(c) be fit for any purpose held out by the Company; and

(d) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

13.2 Subject to clause 13.3, if:

(a) the Customer gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 13.1;

(b) the Company is given a reasonable opportunity of examining such goods; and

(c) the Customer (if asked to do so by the Company) returns such goods to the Company's place of business at the Company's cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. The Company shall not be liable to remove or re-install goods which have been fitted by or on behalf of the Customer.

13.3 The Company shall not be liable for goods' failure to comply with the warranty set out in clause 13.1 in any of the following events:

(a) the Customer makes any further use of such goods after giving notice in accordance with clause 13.2;

(b) the defect arises because the Customer failed to follow the Company's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the goods or (if there are none) good trade practice regarding the same;

(c) the defect arises as a result of the Company following any drawing, design or specification supplied by the Customer;

(d) the Customer alters or repairs such goods without the written consent of the Company;

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(f) the goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

13.4 Except as provided in this clause 13, the Company shall have no liability to the Customer in respect of the goods' failure to comply with the warranty set out in clause 13.1.

13.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.

13.6 These Conditions of Sale shall apply to any repaired or replacement goods supplied by the Company.

13.7 Shade variation is an inherent part of the manufacture of ceramic tiles and associated products particularly in the decorative effects and

(a) goods are sold subject to the variation in shade experienced in the goods;

(b) it is important that an acceptable blend of shade is achieved before goods are fixed and no liability in respect of shade variation will be accepted after goods have been fixed in any event;

(c) goods supplied may not reflect precisely the shade of sample material.

(d) no responsibility in respect of staining caused by coloured grouts will be accepted.

13.8 No tiles are guaranteed against crazing.

13.9 The supply of goods does not mean that they are suitable for a specific installation.

14. An annual account maintenance charge of £50 will be applied to all accounts with purchases of less than £1000 net value in a calendar year.

15. Benefits in kind are the responsibility of the receiver to declare.

Cancellation

16.1 If the TCAC is not totally satisfied with the order for any reason, the TCAC has the right to cancel the order within 7 working days from the date of delivery for a full credit or refund less any applicable delivery charges. The return of adhesives and grouts cannot be accepted due to shelf life.

16.2 A cancellation request by the TCAC must be put in writing and received by the Company within the 7 working day period.

16.3 The TCAC will be responsible for the return of goods and any associated costs of return. Refunds or credits for goods will only be made if goods are received back complete and in a re-saleable condition.

16.4 Returns must be made within 28 days and must be accompanied with a copy of the despatch note.

Exclusions

17.1 Nothing in these Conditions of Sale shall be deemed to exclude or attempt to exclude the liability of the Company or the TCAC for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

(d) any matter in respect of which it would be unlawful for the Company or the TCAC to exclude or restrict liability.

17.2 Subject to clause 17.1:

(a) the Company shall under no circumstances whatever be liable to the TCAC, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract which is the subject of these Conditions of Sale; and

(b) if the Company fails to deliver Goods, its liability shall be limited to the costs and expenses incurred by the TCAC in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall have no liability for any failure to deliver Goods to the extent that such failure is caused by a Force Majeure Event or the TCAC’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods; and

(c) the Company’s total liability to the TCAC in respect of all other losses arising under or in connection with the contract which is the subject of these Conditions of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.

17.3 The TCAC is advised that all advice opinions representation or information on which the TCAC will seek to rely in entering into any contract with the Company should be reduced to writing and, unless the TCAC is a consumer, any advice opinions representation or information given by or on behalf of the Company is given as a guide only and without prejudice to the generality of the foregoing any advice or assistance of whatsoever nature as to the installation use or performance of any Goods shall not be binding upon the Company unless specifically stated in writing to be incorporated into the contract.

17.4 No refund or exchange will be given for soiled or damaged Goods in respect of faults which have been indicated at the time of sale.

17.5 These Conditions of Sale constitute the entire agreement between the parties. The TCAC acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in these Conditions of Sale.

Clearance Tiles

18.1. 'Clearance' tiles are made from mixed/ old/ previous batches or discontinued items and are therefore non-refundable.

18.2. Sufficient tiles should be purchased plus additional tiles as we do not guarantee future availability. Once the stock has been sold, we will not stock clearance tiles. You can always contact the sales office to check whether we can order clearance stock and a surcharge may be applicable.

 

TILEFLAIR LIMITED CONDITIONS OF SALE – 5 June 2013

 

 The Customer’s attention is drawn in particular to the provisions of clauses 8 and 10.


1.    BASIS OF CONTRACT


1.1    The following conditions of sale shall apply to all contracts between Tileflair Limited (the “Company”) and a customer of the Company (the “Customer”) other than contracts for the purchase of goods through the Company’s website at www.tileflair.co.uk (the “Website”). Customers purchasing goods through the Website should refer to:


(a)    for business customers - http://www.tileflair.co.uk/pages/TCAC%20Terms
(b)    for non-business customers - http://www.tileflair.co.uk/pages/Terms


1.2    Other than contracts carried out through the Website as above, these Conditions of Sale apply to the exclusion of any other terms representations conditions or warranties, express or implied. The Customer shall be deemed to have accepted these Conditions of Sale upon the placing of an order with the Company.


1.3    These Conditions of Sale may not be varied except by the express written agreement of the Company.


1.4    In the event of the Customer’s official order form containing any special conditions it is understood that such are only binding in so far as they are not inconsistent with the Company’s Conditions of Sale or are specifically accepted by the Company in writing.


1.5    The Customer’s order constitutes an offer by the Customer to purchase goods from the Company  in accordance with these Conditions of Sale (“Goods”). The Customer is responsible for ensuring that the terms of the order and any applicable specification are complete and accurate. The Customer’s order shall only become effective when the Company issues a written acceptance of the Customer’s order, at which point the contract shall come into existence on the terms of these Conditions of Sale.


2.    DELIVERY


2.1    Orders are accepted and arrangements for delivery made subject to availability. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Any arrangement made by the Customer in anticipation of delivery is made at the sole risk of the Customer.


2.2    Delivery prices may be updated from time to time on the Website or through the Company’s other literature as supplied to Customers. Delivery prices as at the date of these Conditions of Sale are:


(a)    For existing bona fide Tileflair Account holders:
(i)    Goods to a mixed net value of £100 may be delivered free of charge within the Company’s delivery area of approximately 30 miles radius from an existing Tileflair Branch.
(ii)    Goods under £100 net value will be subject to a carriage charge of £25.


(b)    For other customers:
(i)    Goods to a mixed value of £500 (inc. VAT) may be delivered free of charge within the Company’s delivery area of approximately 30 miles radius from an existing Tileflair Branch.
(ii)    Goods under £500.00 in value will be subject to a carriage charge of £30 (inc. VAT).


2.3    The areas referred to in clause 2.2 above are examples only, and Customers should request details of the Company’s free delivery area before making delivery arrangements. The Company reserves the right to change the extent or cancel the operation of such free delivery area without notice.


2.4    For delivery outside the Company’s delivery area the additional costs of packing postage passenger rail or express carrier will be charged to the Customer.


2.5    The Customer will accept delivery of Goods ordered when tendered. The Customer is not entitled to reject delivery or return the Goods because the number delivered is less than the order. Short deliveries should be notified within 48 hours of delivery. The Customer should check all Goods delivered upon delivery and in any event before installation of Goods. The Company shall in no event be liable for the costs of removal or re-installation of Goods once installed by or on behalf of the Customer.


2.6    Delivery takes place at the time of delivery or attempted delivery, if the Customer wrongly fails or is unavailable to take delivery.


2.7    The Customer will be liable for reasonable costs (including insurance) of storage for Goods which the Customer wrongly fails or is unavailable to take delivery (unless the reason is a cause beyond the Customer’s reasonable control or by reason of the Company’s fault) and unless the Customer has made arrangements to take delivery or has taken delivery within 30 days of the date that delivery is first tendered, the Company may sell the relevant Goods at the best price reasonably attainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract and will charge the Customer for any short fall below the price under the contract.


2.8    The Company may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.


3.    PRICES AND PAYMENT


3.1    The price for Goods shall be the price set out in the Company’s published price list in force at the date of delivery, or as otherwise quoted by the Company in writing.


3.2    The Company may, by giving notice to the Customer at any time (subject, in the case of any Customer which is a consumer, to minimum notice of 2 Business Days) before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a)    any factor beyond the Company's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b)    any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
(c)    any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate or accurate information or instructions. 


3.3    Where the Customer is a consumer price alterations will be notified as above and the Customer will have an opportunity to withdraw by giving notice to that effect to the Company within 48 hours of receipt of notice of alteration. For the purposes of these Conditions of Sale a “consumer” is a Customer who in making the contract with the Company is acting for purposes outside his trade business or profession.


3.4    All prices are subject to the addition of Value Added Tax at the current rate. VAT is strictly net and is not subject to any discount. The Customer shall, upon receipt of a valid VAT invoice from the Company, pay to the Company such additional amounts in respect of VAT as are chargeable on the supply of the Goods.


3.5    Unless special conditions apply, all invoices will be dated the date Goods are despatched and payable:
(a)    for existing bona fide Tileflair account holders, by the end of the next month following the date of the invoice; or
(b)    in all other cases, upon presentation.


3.6    Times for payment are of the essence.


3.7    The Company may exercise its right to withhold supplies and withdraw credit facilities in the event of an account becoming overdue and all outstanding monies will then be payable forthwith irrespective of when they originally become due for payment and shall lose the benefit of any discount previously agreed.


3.8    In the event that payment is not made by the due date interest at the rate of 2% per annum above the base lending rate of National Westminster Bank plc for the time being will be charged to and recovered from the Customer.


3.9    Interest shall be payable from the due date until the date payment is received by the Company on a
monthly basis (and pro rata for any part month) at the rate prevailing at the month end.


3.10    No change in the Customer’s status will be valid for contractual purposes unless prior written notice has been given to the Company and accepted by the Company in writing.


3.11    All accounts are payable at the Company’s Registered Office, Tileflair Limited, Highwood Lane, Cribbs Causeway, Bristol BS34 5TQ.


3.12    The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part. The Company may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.


4.    PASSING OF RISK


4.1    The risk in the Goods shall pass to the Customer on delivery or attempted delivery, if the Customer wrongly fails or is unavailable to take delivery.


5.    PROPERTY/TITLE


5.1    Notwithstanding delivery and the passing of risk in the Goods property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full for the price of all Goods (including goods sold through the Website) agreed to be sold by the Company to the Customer for which payment is then due and all other monies on any account whatsoever between the Customer and the Company.


5.2    Until such time as property in the Goods passes to the Customer, the Customer shall hold the Goods as fiduciary agent and mere bailee for the Company and shall keep the Goods separately stored so that they may be readily identified as the property of the Company and shall ensure that they are kept and maintained in the condition in which they were delivered.


5.3    The Customer is permitted to use and/or sell the Goods property in which remains with the Company in the ordinary course of the Customer’s business but any such licence is revoked automatically upon the happening of an insolvency event in relation to the Customer (or any person comprised within the definition of the Customer). For these purposes “insolvency event” means any of (i) the appointment of a receiver or receiver and manager (ii) the appointment of a liquidator or administrator (iii) the passing of any resolution for the winding up of the Customer (except a solvent liquidation in terms approved by the Company) (iv) the making of an interim or other order granting a moratorium in respect of the rights of creditors (v) the proposing of any arrangement or composition with creditors (vi) the filing of a petition for bankruptcy or in each case any analogous event in any jurisdiction to which the Customer is subject.


5.4    Until such time as property in the Goods passes to the Customer the Company is entitled at any time to require the Customer to deliver up the Goods to the Company and the Customer shall permit the Company (or its representatives) to enter any premises of the Customer or any third party where the Goods are stored and to inspect identify and/or recover the Goods.


6.    CANCELLATIONS/VARIATIONS


6.1    The right is reserved to refuse cancellation of orders in the case of Goods despatched ready for dispatch or in process of manufacture.


6.2    Goods cannot be supplied on a sale or return basis and Goods will not be taken back or exchanged
where correctly supplied to order unless previously agreed or required by applicable law.


6.3    The return of Goods specially ordered for the Customer cannot be accepted in any circumstances unless the Goods are defective.


6.4    The return of stock tile items within 28 days of purchase in good condition properly packaged (only in full cartons showing shade number when purchased in full cartons) will normally be accepted on proof of purchase subject to a re-stocking charge of 20%. The return within 28 days in good condition of any sample tiles will normally be accepted and refunded on proof of purchase.


6.5    The return of adhesives and grouts cannot be accepted due to shelf life.


6.6    The Company tries wherever possible to ensure continuity of supply but reserves the right to discontinue any product without prior notice whether before or after acceptance of an order. The Company will refund any deposit paid by the Customer but no liability can be accepted for costs incurred by the Customer for inability to supply.


7.    LOSS/DAMAGE


7.1    The Customer should examine all Goods as soon as possible after delivery to be satisfied that the Goods are undamaged of the correct quantity and in accordance with the contract


7.2    Complaints regarding any matter revealed on examination of the Goods following delivery or any matter that would have been revealed had such examination taken place as advised by these Conditions of Sale should be notified within 48 hours of actual delivery. Any other complaint should be notified within 7 days of actual delivery and in any event before the tiles are fixed. The Company has no liability under these Conditions of Sale or otherwise in respect of any complaint which is made after these times unless the Customer is a consumer in which case the Company’s liability is limited as set out in these Conditions of Sale.


8.    EXCLUSIONS


8.1    Nothing in these Conditions of Sale shall be deemed to exclude or attempt to exclude the liability of the Company or the Customer for:
(a)    death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b)    fraud or fraudulent misrepresentation;
(c)    breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d)    defective products under the Consumer Protection Act 1987; or
(e)    any matter in respect of which it would be unlawful for the Company or the Customer to exclude or restrict liability.


8.2    Subject to clause 8.1:
(a)    the Company shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract which is the subject of these Conditions of Sale; and
(b)    if the Company fails to deliver Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall have no liability for any failure to deliver Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods; and
(c)    the Company’s total liability to the Customer in respect of all other losses arising under or in connection with the contract which is the subject of these Conditions of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.


8.3    The Customer is advised that all advice opinions representation or information on which the Customer will seek to rely in entering into any contract with the Company should be reduced to writing and, unless the Customer is a consumer, any advice opinions representation or information given by or on behalf of the Company is given as a guide only and without prejudice to the generality of the foregoing any advice or assistance of whatsoever nature as to the installation use or performance of any Goods shall not be binding upon the Company unless specifically stated in writing to be incorporated into the contract.


8.4    No refund or exchange will be given for soiled or damaged Goods in respect of faults which have been indicated at the time of sale.


8.5    These Conditions of Sale constitute the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.


9.    FORCE MAJEURE


9.1    In these Conditions of Sale, each of the following shall be a “Force Majeure Event” risks and uncertainties of manufacture, strikes, accidents or other factors beyond the Company’s control, failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, breakdown of plant or machinery, explosions, collapse of building structurs, fires, floods, storms, earthquakes, loss at sea, natural distasters, extreme adverse weather conditions or that the Goods may be unavailable from the Company’s suppliers.


10.    QUALITY OF GOODS


10.1    The Company warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall (taking into account the factors set out in clauses 10.7 and 10.8):
(a)    conform in all material respects with their description;
(b)    be free from material defects in design, material and workmanship;
(c)    be fit for any purpose held out by the Company; and
(d)    be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).


10.2    Subject to clause 10.3, if:
(a)    the Customer gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.1;
(b)    the Company is given a reasonable opportunity of examining such Goods; and
(c)    the Customer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Company's cost,
the Company shall, at its option, replace the defective Goods, or refund the price of the defective Goods in full. The Company shall not be liable to remove or re-install Goods which have been fitted by or on behalf of the Customer.


10.3    The Company shall not be liable for Goods' failure to comply with the warranty set out in clause 10.1 in any of the following events:
(a)    the Customer makes any further use of such Goods after giving notice in accordance with clause 10.2;
(b)    the defect arises because the Customer failed to follow the Company's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
(c)    the defect arises as a result of the Company following any drawing, design or specification supplied by the Customer;
(d)    the Customer alters or repairs such Goods without the written consent of the Company;
(e)    the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(f)    the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.


10.4    Except as provided in this clause 10, the Company shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 10.1.


10.5    The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.


10.6    These Conditions shall apply to any repaired or replacement Goods supplied by the Company.


10.7    Shade variation is an inherent part of the manufacture of ceramic tiles and associated products particularly in the decorative effects and
(a)    Goods are sold subject to the variation in shade experienced in the products;
(b)    It is important that an acceptable blend of shade is achieved before Goods are fixed and no liability in respect of shade variation will be accepted after Goods have been fixed in any event;
(c)    Goods supplied may not reflect precisely the shade of sample material.
(d)    No responsibility in respect of staining caused by coloured grouts will be accepted.


10.8    No tiles are guaranteed against crazing.


10.9    The supply of Goods does not mean that they are suitable for a specific installation.


11.    An annual account maintenance charge of £50 will be applied to all accounts with purchases of less than £1000 net value in a calendar year.


12.    Benefits in kind are the responsibility of the receiver to declare.


13.    GENERAL


13.1    Any notice required or permitted to be given by either party to the other under these Conditions of Sale shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.


13.2    No waiver by the Company of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.


13.3    Where the definition of the Customer comprises two or more persons the liability of such persons under the contract is joint and several.


13.4    The contract shall be governed by and interpreted in accordance with English law and the Customer
submits to the jurisdiction of the English Courts but the Company may enforce the contract in any court of competent jurisdiction.


13.5    When the Customer is a consumer statutory rights are not affected.


13.6    If:
(a)    any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected;
(b)    any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.


13.7    A person who is not a party to the Contract shall not have any rights under or in connection with it.


13.8    The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.


13.9    The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Company.