Specialist Tiles Ltd – Terms and Conditions for Consumers These Terms and Conditions are the standard terms and conditions that apply to the sale of Goods to Consumers by us, Specialist Tiles Ltd, a company registered in England & Wales under number 07512614, whose registered office address is at Unit B, 4 Pond Wood Close, Moulton Park Industrial Estate, Northampton, England, NN3 6RT (“the Company/we/us/our”). These Terms and Conditions apply to Consumer purchases only. If you are not a Consumer, please refer to our alternative terms and conditions, available on request. 1. Definitions and Interpretation 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Contract” means the contract for the purchase and sale of the Goods, as explained in clause 2; “Consumer” is as defined in the Consumer Rights Act 2015 and in these Terms and Conditions means you, the individual placing an order with us; “Goods” means the Goods which are to be supplied by us to you as set out in our quotation; “Price” means the price payable for the Goods. 1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail. 2. The Contract 2.1 We will provide you with a written quotation, which unless otherwise stated, will be open for acceptance for a period of 90 days. 2.2 We reserve the right to revoke or adjust our quotation at any time before it has been accepted. 2.3 A legally binding Contract between you and us will be created when you accept our quotation. Before accepting our quotation, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification. No terms or conditions issued or referred to by you in any form will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing. 2.4 Our quotation is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident which affect our Price, we reserve the right to make adjustments to it. 2.5 Any changes to the Contract must be agreed in writing before we can proceed. 3. The Goods 3.1 We have made every reasonable effort to ensure that the Goods conform to the photographs and descriptions provided in our sales and marketing literature. We cannot, however, guarantee that all photographs and descriptions will be precisely accurate and you should be aware that certain colours, tones, shades (and other specifications) may look different to the actual Goods, when displayed on an electronic device. 3.2 The nature of the Goods means that variations are likely and we cannot guarantee individual items or separate orders will match. 3.3 You can request samples of certain Goods. If these are to be chargeable, we will send you a quotation to accept as per clause 2. The samples will be approximately 10cm x 10cm so may represent only a small part of a whole tile, therefore, there could still be distinct variations between one section of a tile and another. 3.4 We supply Goods only in the minimum units stated in our quotation or in multiples of those units. 3.5 All orders for Goods stocked outside of the UK will be charged a surcharge and the amount will be set out in the quotation. 3.6 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice. 4. Price and Payment 4.1 All Prices include VAT, where applicable. If the rate of VAT changes between the date of your acceptance of our quotation and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where we have already received payment in full from you. 4.2 The Price does not include for delivery and this will be set out separately in the quotation. Delivery costs quoted are valid for 30 days. 4.3 You will need to pay in full for the total Contract value before we can process your order. Once payment has been received, we will contact you to arrange for the delivery. 5. Delivery 5.1 We can provide you with estimated delivery dates but these are not fixed and cannot be relied on. We recommend you do not arrange for a tiler or other labourer to lay the tiles until the Goods have been received. 5.2 Unless otherwise agreed or specified during the order process, the Goods will be delivered within 30 days from receipt of your payment as set out in clause 4.3, subject to delays caused by events outside of our control - see clause 10. 5.3 If your order has not arrived by the estimated delivery date, please contact us as soon as possible so we can investigate. 5.4 Orders will be delivered by courier unless otherwise agreed and you will be required to sign for the Goods. If no-one is available at your delivery address to sign for the Goods, the courier company will leave a delivery note explaining how to rearrange delivery or where to collect the Goods. 5.5 Delivery will be to the kerbside only and will be handballed from the vehicle. If there are likely to be any delivery restrictions to your chosen address, you must advise us of this before we provide our quotation, as this may incur additional costs. 5.6 You can choose to collect the Goods from our premises upon arrangement, but you will still be liable to pay for any delivery costs we incur from our supplier. 5.7 In the unlikely event that we fail to deliver the Goods within 30 days or as otherwise agreed in clause 5.2, you may treat the Contract as being at an end immediately if we have refused to deliver your Goods or if you told us when ordering the Goods that delivery within that time period was essential. 5.8 If you do not wish to cancel under clause 5.8 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end. 5.9 Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days. Please note that if any cancelled Goods are delivered to you, you must return them to us or arrange with us for their collection. In either case, we will bear the cost of returning the cancelled Goods. 5.10 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in the quotation and you (or someone identified by you) have taken physical possession of the Goods. 5.11 The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until delivery is complete as defined in clause 5.11, at which point it will pass to you. You own the Goods only once we have received payment in full of all sums due (including any delivery charges). 6. Faulty, Damaged or Incorrect Goods 6.1 By law, we must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (subject to clause 3.3 and unless we have made you aware of any other differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for the following remedy/remedies: 6.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above. 6.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days. 6.1.3 If, after replacement, the Goods still do not conform (or if we have failed to act within a reasonable time), you may have the right either to keep the Goods at a reduced price, or reject them in exchange for a refund. 6.1.4 If you exercise the final right to reject the Goods more than six months after you have received the Goods, we may reduce any refund to reflect the use that you have had out of the Goods. 6.1.5 Within a period of six years after you have received the Goods, if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. However, after six months have passed since you received the Goods, you will need to prove that the defect or non-conformity existed at the time of delivery.
6.2 Please note that you will not be eligible to claim under this clause 6 if we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that younow wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to us under this clause 6 merely because you have changed your mind – please refer to clause 7 for this. 6.3 To return Goods to us for any reason under this clause 6, please contact us to arrange for the return. We will be fully responsible for the costs of returning Goods under this clause 6 and will reimburse you where appropriate. 6.4 Refunds under this clause 6 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund. 6.5 Any and all refunds issued under this clause 6 will include all delivery costs paid by you when the Goods were originally purchased and will be made using the same payment method that you used when ordering the Goods, unless you specifically request that we use a different method. 7. Cancelling and Returning Goods if You Change Your Mind 7.1 If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once the Contract between you and us is formed. 7.2 If the Goods are being delivered to you in a single instalment, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods. If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods. If you are collecting the Goods, the legal cooling-off period ends 14 calendar days after the day on which you collected them. 7.3 If you wish to exercise your right to cancel under this clause 7, you must inform us of your decision within the cooling-off period. You may do so in any way you wish, but for your convenience, we can provide a model cancellation form. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. 7.4 Please ensure that you return Goods to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 7. 7.5 You may return Goods to us using a suitable delivery service of your choice. We recommend you use a service that provides proof of delivery. Please note that you must bear the costs of returning Goods to us if cancelling under this clause 7 and you must return the total order in full. We will reimburse standard delivery charges as part of your refund. However, we cannot reimburse for premium delivery. 7.6 Refunds under this clause 7 will be issued to you within 14 calendar days from: 7.6.1 the day on which we receive the Goods back; or 7.6.2 the day on which you inform us (with evidence) that you have sent the Goods back (if this is earlier than the day under clause 7.6.1); 7.6.3 if we have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the Contract. 7.7 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. more than would be permitted in a shop) or resulting from improper storage of the Goods (e.g. not kept in clean, dry storage). 7.8 Refunds under this clause 7 will be made using the same payment method that you used when ordering the Goods, unless you specifically request we make a refund using a different method. 7.9 After the expiry of the cooling-off period, you will only be able to cancel the Contract if you agree to reimburse us for any costs we have (or will) incur as a result, such as restocking fees. We recommend you order extra Goods to allow for cuts and breakages by the tiler but we can only accept returns on your full order. We cannot accept returns of excess or leftover Goods. 8. Cancellations by Us 8.1 We may cancel your order at any time before we dispatch the Goods to you, if the Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); if the cost of the Goods to us fluctuates (for example, due to uncertainties in the market) or if an event occurs outside of our control (as per clause 10). 8.2 If we cancel your order, we will confirm this in writing and if you have already paid for the Goods under clause 4, the payment will be refunded to you within 14 days. 9. Our Liability 9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. 9.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever. 9.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation. 9.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office. 9.5 If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate. 10. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control. 11. How We Use Your Personal Information (Data Protection): All personal information that we may collect will be collected, used and held in accordance with the provisions of the General Data Protection Regulation 2016 and any amendments to it. 12. Other Important Terms 12.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them. 12.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission. 12.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 12.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable. 12.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision. 13. Governing Law and Jurisdiction 13.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising from them or associated with them) will be governed by, and construed in accordance with, the laws of England and Wales. 13.2 Any dispute, controversy, proceedings or claim between us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising from them or associated with them) shall fall within the exclusive jurisdiction of the courts of England and Wales.