1. Definitions
'Company’ shall mean:
Tile and ToolStore.com Ltd
1-13
Montford Street, Salford, M50 2XD
Tel: 0161 886 2228, Fax: 0161 8862225
Email: tiles@tilestoreonline.co.uk
Company Registration Number: 6430513
‘The Customer’ shall mean: any
person, firm, company or organisation that
purchases ‘the
Goods’.
’Goods’ shall mean: the tiles or other products which you
order from us.
’Price’ shall mean: the price for the goods excluding (where
applicable) delivery charges and vat.
’Writing’ includes email,
facsimile transmission or other comparable means of communication.
‘Working days’ shall mean: any
day which is not a Saturday, Sunday or a bank or public holiday in
England.
2. Conditions
- Any technical and other advice is given by the
Company's authorised representative is in good faith and for general guidance
only. The Company is not liable for errors, or defects by, the Manufacturer or
other circumstances beyond its control.
- It is the responsibility of the purchaser and fixer
to ensure that the goods are as ordered, are satisfactory and suitable for the
purpose required.
- Goods are supplied on the strict understanding that
British Standards relating to fixing are applied.
- Samples are solely to enable the Customer to judge
the style of the Goods, but do not constitute a sale by sample.
- All samples, descriptive matter, specifications and
advertising issued by the Company and any descriptions or illustrations
contained in the Company's catalogues, brochures or internet website are issued
or published for the sole purpose of giving an appropriate idea of the goods
described in them and their accuracy cannot be warranted by us. To help you we
operate a samples policy as mentioned below. The goods are supplied within the
Manufacturers tolerance limits of size, texture and colour variations. It is
recommended that tiles from all boxes are mixed to give a reasonable
blend.
- The Company cannot guarantee to match shades of
previous orders.
- No guarantee
can be given against crazing.
3. Payment
- Quotations are given in good faith and are subject
to amendment in the event of alteration of the manufacturer’s price, or changes
in currency exchange rates.
- Payment of the Price shall be due when the order is
placed.
- If after ordering tile
samples you make an order for goods exceeding in value £100.00 including VAT
within 28 days of making a samples request, we will credit you for the purchase
price of the samples. Because we offer a samples service we do not operate a
returns policy for unwanted or over ordered tiles or other products
4. Delivery Policy
- Where the Company delivers to site,
delivery will be to the nearest hard road to site. If the Customer requests
delivery to a site beyond the nearest hard road then all risk as to the
condition of the Goods on the delivery is with the Customer, and no claims will
be entertained as to the condition of the Goods on delivery and surcharges may
apply.
- Unloading is the responsibility of the
Customer.
- If the Company delivers in its own
vehicle the Company retains the for the condition of the goods until the
delivery has been made.
- If delivery is by carrier or by post
then risk for the condition of the Goods is with the Customer after the Goods
have left the Company's premises.
- If for any reason the Customer fails
to accept delivery of any of the Goods or the Company is unable to deliver the
Goods on time because the Customer has not provided appropriate
instructions:
Risk in the Goods shall pass to the Customer; the Goods shall
be deemed to have been delivered; and
the Company may store the Goods until
delivery, whereupon the Customer shall be liable for all related costs and
expenses (including without limitation, storage and
insurance).
- Every effort will be made to effect
delivery within the quoted period. However the Customer shall have no right to
claim damages for any delay in delivery.
- Any claim as to shortages or condition
of Goods on delivery which would not be apparent on visual inspection must be
communicated within 48 hours. Subject to this condition the Customer is deemed
to have accepted the Goods as having been supplied in good condition, and in
accordance with the order.
5. Returns Policy
Due to the expense of
delivery haulage and high increased risk of damage to the tiles we
do not offer
a Returns policy for this product type. Instead we provide a samples service
offered at low cost to ensure that all tiles meet your requirements. By
providing samples
we give you the chance to inspect the product before any bulk
purchase is made.
6. Distance Selling Regulations
2004
- Any Customer who falls within the
classification "distance selling regulations 2004. is classified as a “Distance
Selling Regulations 2004 Consumer”
- Such a Consumer will have no right of
cancellation where Goods are made to the Consumer's specification or clearly
personalised or which by reason of their nature cannot be returned or liable to
deteriorate or expire rapidly.
- All orders cancelled under“Distance Selling
Regulations 2004” must be returned immediately to the Company after refund to
the trading address shown on the Order Form, at the risk and expense of the
Customer. In case of delay the Company reserve the right to collect the
cancelled order at the direct cost of the Customer.
7. Damage
Liability of the Company for the defective condition of
any of the Goods supplied will not
exceed the contract value of the Goods in
respect of which the complaint is made.
No claim may be made in
respect of defective condition of the Goods once they have been
used by fixing
or attempting to fix to wall or floor.
8. Acceptance
Acceptance of the Goods or payment for the goods by the
Customer to the Company shall
of itself constitute an acceptance of these
conditions where acceptance has not previously
been communicated to the
company.
9.
General
Any complaints about the performance of the
Company pursuant to these conditions must
be addressed to attention of the
Managing Director of the Company at the trading address
shown above.
If any provision
of this Agreement is found by a body of competent jurisdiction to be wholly
or
partly illegal, invalid, void, unreasonable or unenforceable then the
contravening clause
shall be removed and the remaining provisions of the
Agreement will continue in full force
and effect.
This contract is governed by English Law