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Website Consumer Terms and Conditions

TILEFLAIR LIMITED

Registered Office & Mailing Address:

Highwood Lane, Cribbs Causeway, Bristol BS34 5TQ

Telephone: 0117 959 8888 Facsimile: 0117 959 8899

Registered Number: 1051487 England

VAT Reg. No.GB885438869

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 at https://www.tileflair.co.uk/website-trade-cash-account-terms-and-conditions

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.

13. We may amend these terms from time to time. Every time you wish to order goods, please check these terms to ensure you understand the terms which will apply at that time. These terms were most recently updated in September 2015.  You should print a copy of these terms or save them to your computer for future reference.

14. Every time you order goods from us, the terms in force at the time of your order will apply to the contract between you and us.

15. We may revise these terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.

16. If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected goods or just the goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant goods you have already received and we will arrange a full refund of the price you have paid, including any standard delivery charges.

Information about us and how to contact us

1. Who we are. We are Tileflair Limited a company registered in England and Wales. Our company registration number is 01051487 and our registered office is at Highwood Lane, Bristol BS34 5TQ. Our registered VAT number is GB885438869.

2. How to contact us. You can contact us by telephoning our customer service team on 0117 959 8888 or by writing to us at helpdesk@tileflair.co.uk or at Tileflair Ltd, Highwood Lane, Bristol BS34 5TQ.

3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

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, images of the goods 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. Your goods may vary slightly from any images on our website. 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. Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.

3. 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 cancel.

3. If we are unable to supply you with the goods, for example because of an error in the price on our site, we will inform you of this by email and we will not process your order. If you have already paid for the goods, we will refund you the full amount including any delivery costs charged without undue delay.

4. All prices shown are inclusive of VAT.

Clearance Tiles

1. 'Clearance' tiles are made from mixed/ old/ previous batches or discontinued goods.

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. You may order up to 6 sample pieces of plain tiles. 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. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3 below.

3. We will confirm our acceptance of your order to you by sending you an email (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.

4. 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.

5. 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.

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 Paypal or most major credit or debit cards including Mastercard, Visa and Maestro

2. You must give your 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, but if we are unable for any reason to deliver your order within 30 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 up to 30 days after the date of Dispatch Confirmation, nor for any delay which is the result of any factor which is beyond our reasonable control.

2. If you do not wish to cancel your order after these 30 days, we may delivery the goods within a period to be agreed between us.

3. If we miss the 30 day delivery deadline for any goods then you may cancel your order straight away if any of the following circumstances apply:

(a) we have refused to deliver the goods;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

4. In any other circumstances, if you do not wish to cancel your order straight away, or do not have the right to do so under clause 3, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order straight away, if we do not meet the new deadline.

5. If you do choose to cancel your order for late delivery under clause 3 or clause 4, you can do so for just some of the goods or all of them, unless splitting them up would significantly reduce their value. If the goods have been delivered to you, you will have to return them to us in accordance with clause 5 below in section “Cancellation, Returns and Refunds” entitled “Returning your goods after ending the contract”.

6. If you cancel your order under clauses 3 and 4 then we will refund all payments made by you under the Contract without undue delay.

7. 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.

8. 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.

9. 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.

10. If an additional visit has to be made for attempted delivery then we will make an additional charge which you must pay in advance of re-delivery. We will not be liable for any losses you suffer for late delivery or inability to deliver if you fail to pay the re-delivery charge.

11. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. We will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

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.

2. You own the goods once we have received payment in full.

Damaged and Faulty Goods

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. If any of the goods are received in a damaged or faulty condition or if there are any shortages then please notify us within 30 days of receipt and we will be pleased to replace the item, repair it (if appropriate) or refund you for the item. You will need to return the damaged item to us. No refund or exchange will be given for faulty goods in respect of faults which have been indicated by us to you prior to or at the time of sale.

3. If there are any other errors, please inform us with details of the error within 30 days of receipt.

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. We cannot accept returns for visible defects after the tiles have been fixed.

Your rights to end the contract

1. Damaged, misdescribed and faulty goods. We are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your goods your legal rights entitle you to the following:

•    up to 30 days: if your goods are faulty, then you can get a refund.  

•    up to six months: if your faulty goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.  

•    up to six years: if the goods can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.   

2. Something we have done or are going to do. If you are ending a contract for a reason set out at 2(a) to 2(e) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the goods or these terms which you do not agree to (see clause 16 under General Section);

(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed (see clause 2 under Price Section);

(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control;

(d) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Delivery Times)).

3. Changing your mind. If you are not totally satisfied with the order for any reason, you have the right to cancel the order within 14 days starting on the day you receive the goods for a full credit or refund including standard delivery charges (but less any non-standard delivery charges). If the goods are delivered in instalments, your right to cancel begins when the contract is entered into, and ends 14 days after the day that you receive the last instalment of the goods.  The return of adhesives and grouts for this reason cannot be accepted due to their perishable nature and shortened shelf life.

4. To cancel your contract with us in accordance with your legal right to do so, you just need to let us know that you have decided to cancel within the 14 day cancellation period.

Cancellation, Returns and Refunds

1. If you have decided to end the contract with us (including if you have changed your mind) then, please let us know. The easiest way to do this is to email us at helpdesk@tileflair.co.uk or contact our customer services team by telephone on 0117 959 8888 or by post to Tileflair Ltd, Highwood Lane, Bristol BS34 5TQ. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.

2. You may also use the model cancellation form available on our website but this is not obligatory. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.

3. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

4. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team on 0117 959 8888 or by emailing us at helpdesk@tileflair.co.uk

5. Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us.   You can either send the goods back, hand it to our authorised carrier or return the goods to us in-store. Please call customer services on 0117 959 8888 or email us at helpdesk@tileflair.co.uk to arrange collection. If we have offered to collect the goods from you, we will collect the goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection.  If you are exercising your right to change your mind you must send off the goods without undue delay and no later than 14 days after the day you tell us you wish to end the contract.  Please enclose a copy of the despatch note when returning the goods.

6. When we will pay the costs of return. We will pay your reasonable costs of return:

(a) if the goods are faulty or misdescribed (other than any costs incurred by you in returning the goods in person to the place where you took physical possession of them);

(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

(c) in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return to us.   

7. What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.

8. How we will refund you.  We will refund you the price you paid for the goods including delivery costs in delivering the items to you, by the method you used for payment. However, we may make deductions from the price, as described below. No refund or exchange will be given for faulty goods in respect of faults which have been indicated by us to you at the time of sale.

9. Deductions from refunds. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

10. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

11. When your refund will be made. We will make any refunds due to you as soon as possible If you are exercising your right to change your mind then:

(a) if you have received the goods and we have not offered to collect the goods from  you: 14 days after the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us;

(b) if you have not received the goods or you have received the goods and we have offered to collect it  from you: 14 days after you inform us of your decision to cancel the contract.

12. If you are exercising any other right to a refund, we will refund you without undue delay, and in any event within 14 days beginning with the day on which we agree that you are entitled to a refund.

13. Because you are a consumer, we are under a legal duty to supply goods that are in conformity with this contract. As a consumer, you have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

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 Consumer Rights Act 2015).

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 goods 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.

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 sections 9, 10, 11, 12, 13, 14, 15, 16 17, 28 and 29 Consumer Rights Act 2015

(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)    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.