Terms and Conditions

Terms and Conditions for use of the Tile Co Online Website (www.thetileco-online.co.uk)

Part A:  The Tile Company Limited General Website Terms of Use (“Terms of Use”)

A1.     Introduction

Your access to and use of our website is subject to your compliance with all applicable laws, these Terms of Use and our Privacy and Cookies Policy.  Your use of our website and any or all of our social media facilities (including but not limited to our Facebook, Twitter and Google+ facilities) constitutes your unqualified agreement to accept and comply with these Terms of Use.  If you do not agree to these Terms of Use, you must not use our website or our social media facilities.

These Terms of Use do not deal with the terms upon which we sell our products.  Please see our Terms and Conditions of Sale for such terms.

A2.     Use of Our Website

Our website is offered as a facility for customers to purchase our products and, unless we otherwise agree, is directed solely at those who access our website from within the United Kingdom.

Whilst we use reasonable efforts to include accurate and up to date information on our website, errors may occur. We cannot give any warranty or representation as to the accuracy of the information, and do not accept responsibility for errors or omissions or for any action or decisions based on the information.

Your access to our website is given on a temporary basis.  We reserve the right to withdraw and/or amend our website without giving notice to you.  We may restrict your access to our website or any part(s) of our website from time to time.

A3.    Disclaimer of Liability

Your use of our website is at your risk.  If you have any specific queries, please contact us by email at sales@thetilecompany.co.uk.  The information and materials provided on our website are of a general nature only and cannot be regarded as constituting advice or recommendations (professional or otherwise).  We do not accept any liability for any direct, indirect, special or consequential losses or damages of whatever nature, including, but not limited to loss of anticipated savings, revenues, profit, information, goodwill or contracts, or for any loss of use or corruption to information, in each case arising out of our website, its availability or lack of availability or your use of any information contained on our website.

We exclude all warranties, express or implied, relating to the information and materials on our website to the fullest extent permitted by law.

Nothing in these Terms of Use shall be construed to exclude or limit (1) our liability for death or personal injury caused by our negligence, or fraudulent misrepresentation or (2) any rights you may have as a consumer to the extent that such liability and rights may not be excluded or limited under applicable statute or law.

You agree to indemnify us against all claims, losses and damages suffered and costs, expenses and liability incurred (including but not limited to legal expenses) as a result of your breach of these Terms of Use.

A4.     Links from and to our website

Hypertext links are links by which visitors can move from one website to another or from one page to another within the same website.

Our website contains hypertext links to third parties' websites.  Any hypertext links between our website and any third party website are provided for your convenience only and we accept no liability whatsoever for the contents of any such third party website.  We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of third party website material or your accessing of third party websites causing any damage, costs, injury or loss of any kind.

You agree that if you wish to create any links between our website and any other website you will do so only in accordance with these Terms of Use or as we otherwise agree in writing.  We reserve the right to withdraw any linking permission without notice.

You may link to the homepage of our website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our website in any website that is not owned by you or which does not comply with these Terms of Use.

Our website must not be framed on any other site and you may not create a link to any part of our website other than the homepage.

A5.     Facebook, Twitter and Google+ (together “Social Media”) facilities

We offer our Social Media pages as facilities for your convenience and are not responsible for any financial or other liability associated directly or indirectly with a public or private posting made using them.

You acknowledge that any information that you post using our Social Media facilities may be viewable by any person and by posting using our Social Media facilities you undertake:

•    to accept full responsibility for the contents of any postings you make using the facilities;
•    to use the facilities only for lawful purposes;
•    not to post any material which is inaccurate, defamatory, abusive, offensive, pornographic, racist, sexist, threatening, vulgar, obscene, hateful or otherwise inappropriate or which will constitute a criminal offence or give rise to civil liability or which may cause offence in relation to sexual orientation, age, marital status, disability or working status;
•    not to harass or upset third parties through your use of the facilities;
•    not to include in any posting any material which refers to a third party or is protected by confidentiality, copyright, trade mark or other proprietary right without the express permission of the third party owner (and for the avoidance of doubt you have our permission to send details of our own products to third parties using the facilities in accordance with these Terms of Use);
•    not to send personal information about any third party using the facilities;
•    not to insert into any posting any material which contains viruses, files or programs that are designed to disrupt, damage or limit the functioning of any software or hardware equipment;
•    not to use the facilities for any commercial purpose or to send advertisements, chain letters, surveys, pyramid schemes or requests for money; and
•    not to use the facilities in order to obtain unauthorised access to data or other information belonging to us or any third party.
You acknowledge and agree that we may at our discretion remove any postings from our Social Media facilities, that we may (but are not obliged to) monitor the contents of postings sent using the facilities and that we do not accept any liability arising from your use of, or the content of any postings in your use of, the facilities.

You are responsible for all information posted using the facilities which arises from use of your account for the relevant Social Media facility, whether or not such use is authorised by you.

You warrant that any content that you post using the facilities will comply with these Terms of Use and that you will be liable to us for, and shall indemnify us against, any loss or damage that we suffer or incur as a result of any breach by you of such warranty.

You acknowledge that any content that you post using our Social Media facilities will be considered non-confidential and non-proprietary, and that we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

You acknowledge that we will cooperate with any person, law enforcement authority or court order requesting or directing us to disclose the identity of anyone posting or sending material using the facilities in breach of these Terms of Use, any law (whether civil or criminal) or the legal rights of any party (including but not limited to intellectual property rights and rights to privacy).

We shall not be responsible, or liable to you, for the content or accuracy of any content posted by any other user of the facilities.  The views expressed on our Social Media facilities by other users do not represent our views or values.

For the avoidance of doubt all of the other provisions of these Terms of Use, and any other terms of the operators of the Facebook, Twitter and Google+ websites, shall also apply to your use of our Social Media facilities except where the context otherwise requires.

A6.     Trade Marks, Logos and Service Marks

The trade marks, logos and service marks (collectively “the Trade Marks”) displayed on our website (whether registered or unregistered) are and shall remain the property of their respective owners.  Nothing contained on our website shall be construed as granting any licence or right to use any Trade Mark displayed on our website without the prior written consent of the relevant Trade Mark owner other than as expressly set out in these Terms of Use.  Your misuse or infringement of any of the Trade Marks displayed on our website is strictly prohibited.

A7.     Copyright

The copyright in each aspect of our website is owned by The Tile Company Limited or our content or technology providers.  All content is protected by copyright and may not be used except as expressly provided in these Terms of Use without our prior written consent.  We do not warrant or represent that your use of materials displayed on our website will not infringe the rights of any third party.

Except where otherwise stated expressly, you must not copy, adapt, download, exploit or otherwise use the information contained on our website in any way, other than for the purpose of enquiring about or requesting information relating to our products or downloading and temporarily storing one or more of the pages of our website for the purpose of viewing, for your personal use only, on a personal computer or terminal.  For the avoidance of doubt you shall not be entitled to reproduce, permanently store, or retransmit any of the contents of our website without our prior written consent.

A8.     Viruses

Whilst we try to keep our anti-virus software up-to-date we do not warrant that our website, its servers, downloadable files or e-mails which may be sent by us, are free from viruses or other harmful components.

You must not:

•    introduce or attempt to introduce any virus or other contaminant to our website or any of its software or systems; or
•    in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with or interfere with the operation of any part of our website, its software or systems.
You acknowledge and agree that emails and Internet transmissions can never be guaranteed to be completely secure and that there is a risk that any message or information that you send to us by email or using the Internet may be intercepted and viewed by a third party.  We shall not be liable for any emails or Internet transmissions that you send to us and any such emails or transmissions that you send to us shall be sent at your own risk.

A9.     Feedback

Any queries, feedback or comments you may have about this website should be submitted by emailing us at admin@thetileco-online.co.uk or writing to us at The Tile Company Limited, Malton Road, Monks Cross, York, YO32 9TE.

A10.     Privacy and Cookies Policy

Any personal information we collect from you shall only be used in accordance with our Privacy and Cookies Policy (a copy of which can be viewed by clicking here).

A11.     Connection and Charges

You are responsible for obtaining an appropriate connection with a telecommunications provider in order to access our website and for paying all charges you incur in accessing and using our website.

A12.     General

We may amend these Terms of Use from time to time.  You are bound by any changes we make to these Terms of Use with effect from the date of the change.  You can view the current version of these Terms of Use at any time by clicking on the Terms of Use link on the homepage of our website.

If any of these Terms of Use are unenforceable it shall not affect the enforceability of the rest of them.

No waiver by us of any breach of these Terms of Use shall constitute a waiver of any other breach.  No failure by us to exercise any remedy shall constitute a waiver of our right to subsequently exercise that or any other remedy.

Please note that these Terms of Use are governed by English law.  You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland you may also bring proceedings in Scotland.

Part B:  The Tile Company Limited Website Terms and Conditions of Sale (“Sale Terms”)

Introduction

These Sale Terms tell you information about us and the legal terms and conditions on which we sell any of the products (“Products”) listed on this website (“our website”) to you.

These Sale Terms will apply to any contract between us for the sale of Products to you (each a “Contract”).  Please read these Sale Terms carefully, and make sure that you understand them, before ordering any Products from our website.  Please note that before placing an order you will be asked to agree to these Sale Terms.  If you refuse to accept these Sale Terms, you must not order any Products from our website.

You should print a copy of these Sale Terms, or save them to your computer, for future reference.

We may amend these Sale Terms from time to time as set out in clause B6.  Every time you wish to order Products from us using our website, please check these Sale Terms to ensure you understand the terms which will apply at that time.  These Sale Terms were most recently updated on 24th July 2018.

You may only purchase Products from our website if you are a consumer and at least 18 years old.  

These Sale Terms, and any Contract between you and us, are only in the English language.

 

B1.    Information About Us

B1.1    We operate the website www.thetileco-online.co.uk.   We are The Tile Company Limited, a company registered in England and Wales under company number 3812717 and with our registered office and main trading address at Malton Road, Monks Cross, York, YO32 9TE, United Kingdom.  Our VAT number is GB 721521474.

B1.2    If you wish to contact us for any reason, you can contact us by writing to us at the above address, by telephoning our Customer Services team at 01904 436085 or by e-mailing them at admin@thetileco-online.co.uk.   

B1.3    If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

 

B2.    Our Products

B2.1    The images of the Products on our website are for illustrative purposes only.  Although we have made every effort to display the Products accurately, we cannot guarantee that your device’s display of images of the Products accurately reflects the appearance of the Products.  Your Products may vary slightly from those images.

B2.2    Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.  

B2.3    The packaging of the Products may vary from that shown on images on our website.

B2.4    In relation to those of our Products which are tiles:

B2.4.1    Shade, glaze and size variation is an inherent feature in the manufacturing process of ceramic tiles.  Therefore the shade, glaze and/or size of any ceramic tiles which you order from our website may differ from any physical or online samples previously provided or made available;

B2.4.2    No guarantee can be given against crazing, which is a natural characteristic of ceramic tiles; and

B2.4.3    The appearance and finish of tiles made from natural products such as slate, terracotta, limestone, marble and travertine can vary due to the nature of the natural product.  Therefore the appearance and finish of any such tiles which you order from our website may differ from any physical or online samples previously provided or made available.

B2.5    We may provide you with details of one or more contractors who can install the Products.  You must make your own arrangements for installation of the Products with your chosen contractor(s) and you are not obliged to engage any contractors whom we provide you with details of.  Any contract for installation of the Products will be between you and your chosen contractor(s).  We shall not be a party to the contract for installation of the Products.  We will use reasonable endeavours to provide you with details of contractors whom, based on our experience of them, we consider to be competent and will assist your chosen contractor(s) with any queries he or she has or information that he or she reasonably requires in order to install the Products but we shall not be liable for the actions or omissions of your chosen contractor(s) including any aspect of his or her workmanship.

B2.6    We recommend that, before placing an order for any Products, you check the suitability for purpose of the Products as described on our website and, where you wish to order a Product to be made by us to your measurements, ensure that those measurements are correct before providing them to us.  You should also check these matters with an appropriately qualified professional if you are unsure (although we do not recommend that you carry out any preparatory work or engage any installation contractor until you have received and checked the relevant Products).  

B2.7    Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.  A manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.  Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.  

 

B3.    Use of Our Website

Your use of our website is governed by our Website Terms of Use (a copy of which can be accessed by clicking here). Please take the time to read our Website Terms of Use, as they include important terms which apply to you.

 

B4.    How We Use Your Personal Information

We will use and process your personal information in accordance with our Privacy and Cookies Policy (a copy of which can be accessed by clicking here). Please take the time to read our Privacy and Cookies Policy, as it includes important terms which apply to you.

 

B5.    How a Contract Is Formed Between You and Us

B5.1    Our website will guide you through the steps you need to take to place an order with us.  Our order process allows you to check and amend any errors before submitting your order to us.  Please take the time to read and check your order at each stage of the order process.  

B5.2    After you place an order using our website, you will receive an e-mail from us acknowledging that we have received your order (“Order Confirmation”).  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will only take place as described in clause B5.3.  If you do not receive an acknowledgement email within 24 hours of placing an order, please email us at sales@thetileco-online.co.uk (quoting as much information as possible about your order) and we will endeavour to assist.  

B5.3    We will confirm our acceptance of your order to you by sending you an e-mail that confirms that we have accepted your order and agreed to supply the Products ordered (“Order Complete - Contract Confirmation”).  A Contract between us will only be formed when we send you the Order Complete - Contract Confirmation email.  We reserve the right to refuse your order or to restrict the number of Products you may order.  

B5.4    If we are unable to supply you with any Product - for example, because that Product is not in stock or no longer available, because we cannot meet any requested delivery date or because of an error of the nature referred to in clause B10.5 - we will inform you of this by e-mail and we will not process your order unless you and we otherwise agree.  If you have already paid for the Products subject of that order, we will refund you the full amount paid (including any delivery costs charged) as soon as possible.

 

B6.    Our Right to Vary These Sale Terms

B6.1    We may amend these Sale Terms from time to time.  Please look at the ‘Introduction’ section to this Part B to see when these Sale Terms were last updated.

B6.2    Every time you order any Products from us, the Sale Terms in force at the time of your order will apply to the relevant Contract between you and us.

B6.3    We may revise these Sale Terms as they apply to any Contract between us from time to time to reflect any changes in relevant laws and regulatory requirements.

B6.4    If we have to revise these Sale Terms as they apply to any Contract between us pursuant to clause B6.3 above, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the relevant Contract if you are not happy with the changes.  You may cancel either in respect of the entire Contract or just those Products you have yet to receive under the Contract.  If you opt to cancel any Contract in full pursuant to this clause B6.4, you will have to return (at our cost) any relevant Products which have been dispatched by us and have been or are received by you, and we will arrange a full refund of the price you have paid, including any delivery charges.

 

B7.    Consumer Rights to Return and Receive a Refund

B7.1    You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the cancellation period referred to below in clause B7.3.  This means that if, during the cancellation period, you change your mind or decide for any other reason that you do not want to receive or keep the Products ordered under any Contract, you can notify us of your decision to cancel the relevant Contract and receive a refund.  Advice about your legal right to cancel in such way is available from your local Citizens' Advice Bureau or Trading Standards office.

B7.2    However, the cancellation right referred to in clause B7.1 above does not apply to:

B7.2.1    any Products that are made to your specification or are clearly personalised (including but not limited to Products which are made to order to your chosen colour requirement);  

B7.2.2    any Products which are sealed goods that have become unsealed and are not suitable for return due to health protection or hygiene reasons (including but not limited to toilet seats and refired sanitary ware); or  

B7.2.3    any Products which become mixed inseparably with other items after their delivery.

B7.3    Your legal right to cancel a Contract starts from the date of the relevant Contract Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the relevant Contract between us is formed.  Your deadline for cancelling that Contract will be the end of 14 days after the day on which you receive the Product(s) ordered under the Contract.  For example, if we provide you with a Contract Confirmation on 1 January and you receive the Product(s) on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.  

B7.4    To cancel a Contract in accordance with your legal right to do so as set out in this clause B7, you just need to let us know that you have decided to cancel.  Please email our Customer Services team at sales@thetileco-online.co.uk when exercising your right to cancel, including details of your order to help us to identify it.  Please click here for a model cancellation form.    Your cancellation notice will be effective from the date you send us the notice. 

B7.5    If you cancel any Contract we will:

B7.5.1    refund you the price you paid for the Products subject of the Contract.  However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if such reduction has been caused by you handling them in a way which would not be permitted in a shop (e.g. installing any Products and subsequently uninstalling them).  If we refund you the price you paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;  

B7.5.2    refund any delivery costs you have paid, although as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).  For example, if we offer delivery of a Product within three to five days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and

B7.5.3    make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(a)    if you have received the Products: 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.  For information about how to return Products to us, please see clause B7.8 below;

(b)    if you have not received the Products: 14 days after you inform us of your decision to cancel the relevant Contract.

B7.6    If you have returned the Products to us under this clause B7 because they are faulty or mis-described, we will refund the price paid for the Products in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.

B7.7    We will refund you on the credit card, debit card, bank account or PayPal account used by you to pay.  If any Products have been purchased wholly or partly using a voucher code, we will only refund the sum that you actually paid for the Products and will not refund the amount of any discount given as a result of the application of the voucher code.

B7.8    If we have dispatched any Product for delivery to you before you decide to cancel the Contract under which that Product has been dispatched:

B7.8.1    you must return the Product to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the relevant Contract.  Our return address is Online Returns Department, The Tile Company Limited, Malton Road, Monks Cross, YO32 9TE, United Kingdom;  and

B7.8.2    unless the Product is faulty or not as described (in such circumstance please see clause B7.6 above), you will be responsible for the cost of returning the Product to us.  If the Products cannot be returned by post, we estimate that if you use the carrier which delivered the Products to you these costs should not exceed £99.99 (unless the Products were delivered to an International Delivery Destination in accordance with clause B9, in which case we will tell you the estimated return costs once we know which Products you wish to order and where the Products are to be delivered to).  

B7.9    Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the relevant Contract.  As a consumer, you have legal rights in relation to Products that are faulty or not as described.  These legal rights are not affected by your right of return and refund in this clause B7 or anything else in these Sale Terms.  Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.  

B7.10    Please note that if you exercise your legal right to reject Products which are not in conformity with the relevant Contract, you must either return them in person to us, arrange for them to be delivered back to us or allow us to collect them from you.  We will reimburse your related delivery costs or pay the cost of collection (as the case may be).  

B7.11    We, The Tile Company Limited, of Malton Road, Monks Cross, York, YO32 9TE, offer also the following one month returns policy which is in addition to your legal rights (as described in clauses B7.1 to B7.10 above) and does not affect them.  If you change your mind about a product you may return it to us (at your own expense to our return address at Online Returns Department, The Tile Company Limited, Malton Road, Monks Cross, YO32 9TE) within one calendar month of the date of purchase provided that:

B7.11.1    the product is not a special order or bespoke item; and

B7.11.2    the product is returned to us in its original packaging, in a saleable condition and accompanied by a valid receipt; and

B7.11.3    where the products are tiles, they are returned in full boxes and are compatible with our current shade of the relevant tile.

 

B8.    Delivery

B8.1    We (or our chosen delivery service provider) will contact you with an estimated delivery date, which will (unless we otherwise agree with you) be within 30 days after the date of the Contract Confirmation (the date on which we e-mail you to confirm our acceptance of your order).  Subject to clause B9.1, please see here for a list of our offered delivery options and the related timescales, and excluded UK delivery postcodes.  Our aim is to dispatch orders in those timescales.  All Products ordered under a Contract will be despatched simultaneously at the time that all of the Products are in stock and available for delivery.  We dispatch orders Monday to Friday (excluding public holidays in England) but do not dispatch at weekends.  Occasionally our delivery to you may be affected by an Event Outside Our Control.  See clause B13 for our responsibilities when this happens.

B8.2    Due to the size of our parcels, it will be necessary for somebody to be present in order for the Products to be delivered.  All deliveries must be signed for.  We therefore recommend that you select an address for delivery where there will always be somebody present to accept delivery and sign for the delivery.  By placing an order you are authorising us to accept a delivery signature at your chosen delivery address.  If no one is available at your stated delivery address to take and sign for delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.  If there appears to be any sign of damage to the packaging of any Products, please make a note to this effect beside your signature.  Please be specific about damage and do not simply state ‘unchecked’.   

B8.3    We will deliver the Products to the front entrance of your chosen delivery address (which, where the delivery address is within a building shared with other occupants (such as a block of flats), will be the ground floor, main entrance to the entire building).  If it is not possible for us to deliver any Products to the front entrance of your chosen delivery address (e.g. if the Products are delivered on a pallet and the front entrance is unreachable due to it being located on a narrow lane), we will arrange for the Products to be delivered as near as possible to the front entrance of your chosen delivery address.  In all cases it is your responsibility to arrange an appropriate number of able-bodied persons to receive the delivery and carry the Products into your chosen delivery address.  Our delivery drivers are not insured to carry any Products into your chosen delivery address or above ground level.

B8.4    If there is nobody available to take delivery and sign for the delivery of a Product, we will leave you a note informing you how to rearrange delivery.  If you do not rearrange delivery we will contact you for further instructions and may charge you for our storage costs and any further delivery costs that we incur.  If, despite our reasonable efforts, we are unable to contact you or rearrange delivery:

B8.4.1    we may end the Contract; and

B8.4.2    where we have ended the Contract in such circumstances, we will refund you any money you have paid in advance for any Products not provided under the Contract but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you failing to accept delivery of the Products.

B8.5    Delivery under a Contract shall be completed when we (or our chosen delivery services provider) deliver the Products subject of the relevant Contract to the address you gave us (which, unless we agree that you may collect the Products from our premises, must be the address registered to the credit card, debit card, bank account or Paypal account used to pay for the relevant Products).  The Products will be your responsibility from that time.  It is important that this address is as accurate and detailed as possible and where necessary you provide us with any specific delivery instructions when placing your order.  We do not accept any liability for any loss or damage to the Products once they have been delivered to the delivery address you have specified and/or in accordance with your instructions given when placing your order.
 
B8.6    You own the Products once we have received payment in full for the Products, including all applicable delivery charges.

B8.7    If we miss the 30 day delivery deadline (or any other delivery deadline agreed between you and us) for any Products then you may cancel the relevant Contract straight away if any of the following apply:

B8.7.1    we have refused to deliver the Products;

B8.7.2    delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

B8.7.3    you told us before we accepted your order that delivery within the delivery deadline was essential.

B8.8    If we miss the 30 day delivery deadline (or any other delivery deadline agreed between you and us) for any Products and you do not wish to cancel the relevant Contract straight away, or do not have the right to do so under clause B8.7, you can give us a new deadline for delivery, which must be reasonable, and you can cancel the relevant Contract if we do not meet that new deadline.

B8.9    If you do choose to cancel the relevant Contract for late delivery under clause B8.7 or clause B8.8 above, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value.  If any cancelled Products have been dispatched by us and have been or are received by you, you will have to return them to us and we will pay the costs of this.  After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.

 

B9.    International Delivery

B9.1    Unless we otherwise agree with you in writing (such agreement to include, but not be limited to, agreement upon the specific Products and the applicable delivery charge), we will not deliver any Products to any address outside the United Kingdom or any address within an excluded UK postcode as set out on our Delivery Charges page (each such address being an “International Delivery Destination”).

B9.2    If we agree with you in writing to deliver any Products to an International Delivery Destination and you subsequently order those Products from us for delivery to that International Delivery Destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and we cannot predict their amount.

B9.3    You will be responsible for payment of the delivery charge agreed pursuant to clause B9.1 above and any applicable import duties and taxes.  Please contact your local customs office for further information before ordering any Products from us to an International Delivery Destination.

B9.4    You must comply with all applicable laws and regulations of any relevant International Delivery Destination.  We will not be liable or responsible if you break any such law.

 

B10.    Price of Products, Delivery Charges and Voucher Codes

B10.1    The prices of the Products will be as quoted on our website at the time you submit your order and are in pounds sterling.  We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the system and that any applicable voucher codes work as stated.  However please see clause B10.5 for what happens if we discover an error in the price of any Products which you have ordered or in the application of any voucher code.

B10.2    The prices for our Products may change from time to time, but any changes will not affect any order you have already placed.

B10.3    The price of each Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.  However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the amount of VAT that you pay to the revised amount unless you have already paid for the relevant Products in full before the change in VAT takes effect.

B10.4    The price of each Product does not include any delivery charges.  Our delivery charges are as advised to you during the check-out process, before you confirm your order (except where we agree to deliver to an address outside the United Kingdom or an address within an excluded UK postcode, in which case the relevant delivery charge will be as agreed between us).  To check relevant delivery charges and excluded UK delivery postcodes, please refer to our Delivery Charges page.  [Rollits Note: Hyperlink to be inserted]

B10.5    Our website contains a large number of Products.  It is always possible that, despite our efforts, some of the Products on our website may be incorrectly priced and/or any voucher codes that we offer do not work correctly.  We will normally check prices and any applied voucher codes as part of our dispatch procedures.  In the event that:

B10.5.1    we discover an error in the price of the Products you have ordered we will contact you to inform you of the error and will give you the option of continuing to purchase the relevant Products at the correct price or cancelling your order (unless the correct price is less than our stated price at your order date, in which case we will process your order and charge you the lower amount).  Where the correct price is higher than the stated price at your order date, we will not process your order until we have your instructions.  If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.  Please note that if we process an order containing a pricing error which is obvious and unmistakeable and could have been recognised by you as an error, we do not have to provide the relevant Products to you at the incorrect (lower) price; and/or

B10.5.2    any voucher code has been incorrectly applied, we will contact you to inform you of the error and will give you the option of continuing to purchase the relevant Products using the correctly applied voucher code (in which case you will be required to pay the outstanding balance) or cancelling your order.  We will not process your order until we have your instructions.  If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

B10.6    We may send customers individual voucher codes by email from time to time.  Any such voucher codes may only be applied to purchases made using the account in respect of which the voucher code was offered and registered.  Voucher codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue.  Voucher codes have no monetary value and must not be sold or transferred to anyone else.  Voucher codes cannot be used in conjunction with any other offer.  Any breach of the specific terms of a voucher code may result in an order being rejected or an order being void.  

B10.7    We may also offer general promotional voucher codes which may apply in respect of any, or certain specified, purchases made through our website.  Such promotional voucher codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue.  Promotional voucher codes have no monetary value and must not be sold or transferred to anyone else.  Promotional voucher codes cannot be used in conjunction with any other offer.  Any breach of the specific terms of a promotional voucher code may result in an order being rejected or an order being void.

 

B11.    How to Pay

B11.1    You can only pay for Products using a debit card, credit card, Bacs payment or PayPal.  We accept the following cards: Visa, Mastercard, Maestro, JCB.  Card payments will be processed securely on our behalf by our payment services provider Worldpay.  

B11.2    Payment for the Products (and all applicable delivery charges) shall be made by you in advance of you receiving the relevant Products.  You will be charged at the time you place your order.

B11.3    We do not accept liability if delivery of any Products is delayed because you have provided us with incorrect payment details.  

B11.4    If it is not possible to obtain full payment for any Products using the payment details you have provided, we may reject your order.  This does not affect your statutory rights.

 

B12.    Our Liability

B12.1    If we fail to comply with these Sale Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Sale Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the relevant Contract.

B12.2    We only agree to supply the Products for domestic and private use.  You agree not to use the Products for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

B12.3    We do not in any way exclude or limit our liability where it would be unlawful to do so, including for:

B12.3.1    death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

B12.3.2    fraud or fraudulent misrepresentation;

B12.3.3    any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

B12.3.4    any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or

B12.3.5     defective products under the Consumer Protection Act 1987.

B12.4    You are responsible for ensuring that any measurements and other information which you provide us with are correct.  We shall not be liable for any losses or damage suffered by you where any of the Products are not suitable for your purposes as a result of incorrect or inadequate measurements or other information provided by you or any failure by you to provide relevant information.

B12.5    We shall not be liable for any losses or damage suffered by you which arise because you, or any contractor engaged by you to install any Products, fail to follow any instructions provided by us or supplied by the relevant manufacturer as to the storage, installation, use and/or maintenance (including but not limited to cleaning) of the Products.  

 

B13.    Events Outside Our Control

B13.1    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract to the extent caused by an Event Outside Our Control provided that we take steps to minimise the effect of the failure or delay.  An Event Outside Our Control is defined below in clause B13.2.

B13.2    An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, postal delays, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

B13.3    If an Event Outside Our Control takes place which affects the performance of any of our obligations under any Contract:

B13.3.1    we will contact you as soon as reasonably possible to notify you; and

B13.3.2    our obligations under the relevant Contract will be suspended and the time for performance of our obligations will be extended for the duration of the relevant Event Outside Our Control.  Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  

B13.4    You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days.  To do so, please contact us by e-mailing our Customer Services team at sales@thetileco-online.co.uk or by telephoning them on 01904 436085, or by writing to us at The Tile Company Limited, Malton Road, Monks Cross, York, YO32 9TE, United Kingdom.  If you opt to cancel, you will have to return (at our cost) any Products which have been dispatched by us and have been or are received by you under the relevant Contract, and we will refund the price you have paid under that Contract (including any delivery charges).

 

B14.    Other Important Terms

B14.1    When we refer, in these Sale Terms, to “in writing”, this will include e-mail.

B14.2    We may transfer our rights and obligations under any Contract to any third party, but this will not affect your rights or our obligations under these Sale Terms.

B14.3    You may only transfer your rights or your obligations under a Contract to another person if we agree in writing.  

B14.4    Each Contract is between you and us.  No other person shall have any rights to enforce the terms of any Contract.  

B14.5    Each of the clauses set out in these Sale Terms operates separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable (whether in whole or in part), the remaining clauses (or the relevant part) will remain in full force and effect.

B14.6    If we fail to insist that you perform any of your obligations under these Sale Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations or that we will be prevented from taking steps against you at a later date.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.  

B14.7    Please note that these Sale Terms are governed by English law.  This means each Contract for the purchase of Products through our website, and any dispute or claim arising out of or in connection with it, will be governed by English law.  You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to hear any related legal proceedings between us.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland you may also bring proceedings in Scotland.

B14.8    We are committed to providing high-quality services to all of our customers.  However, we understand that occasionally things can go wrong.  If you wish to make a complaint you can do this by writing to us at sales@thetileco-online.co.uk or by telephoning us on 01904 436085.  In addition, please note that disputes may be submitted for online resolution to the Online Dispute Resolution platform, via the following link: https://ec.europa.eu/consumers/odr/.

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©2017-2019 The Tile Company Ltd - All rights reserved.
All prices listed are inclusive of VAT.

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©2017-2019 The Tile Company Ltd - All rights reserved.
All prices listed are inclusive of VAT.

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The Tile Company Ltd. Malton Road, Monks Cross, York, YO32 9TE. 01904 436085