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Tileflair limited – terms of sale for businesses and consumers – 1 Feb 2023
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products/goods to you, whether you purchase the goods in-store, online, by telephone or by other means. You may not change these terms without our prior written agreement.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you buying in-store, online, by telephone or by other distance means? In some areas you will have different rights under these terms depending on how you are making your purchase. This will be stated in the relevant terms.
1.4 Are you a business customer (including a Trade Cash Account Customer) or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
* You are an individual; and
* You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.5 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 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, Cribbs Causeway, Bristol BS34 5TQ. Our registered VAT number is GB885438869. References in these terms to “we”, “us”, “our" and “Tileflair” are references to Tileflair Limited. References to “you” and “your” are to you as the customer.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0117 959 8888, or by writing to us at helpdesk@tileflair.co.uk or at our registered office.
2.3 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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Ordering goods. To order goods you should follow instructions on our website, call us on 0117 959 8888, speak to one of our sales representatives or speak to one of our in-store sales team in person or by telephone.
3.2 Acknowledgement (not acceptance) of your order. If you are a consumer, after you place an order on-line, by phone, email or other distance means, 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 3.3 below. If you are a business we will not send an email acknowledgement unless specifically requested by you.
3.3 How we will accept your order. If you are a consumer, 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. If you are a business the contract between us will only be formed when we dispatch the goods to you.
3.4 The contract between us. Your order constitutes an offer by you to purchase goods from Tileflair in accordance with these terms. By placing an order with us you are deemed to accept these terms. You are responsible for ensuring that the terms of the order and any applicable specification are complete and accurate. Your order shall only become effective when:
(a) we issue a written acceptance of your order by way of a Dispatch Confirmation, if you are a consumer not buying in-store;
(b) we dispatch the goods to you, if you are a business not buying in-store; or
(c) if the goods are in stock and are immediately collected by you, when the goods are paid for in-store, at which point a contract shall come into existence between you and us on these terms.
3.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a particular request you have specified (such as a delivery deadline).
3.6 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.7 Order quantity. 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 or shade of tiles.
3.8 Fitting tiles. It is your responsibility to check receipt of a complete and satisfactory order before making arrangements for tiles to be fitted. We shall not be liable for any costs of removal or re-installation of goods once fitted or otherwise installed.
3.9 These terms may not be varied except by our express written agreement.
3.10 If your order contains any special conditions or requests, these shall not be binding unless they are specifically accepted by us in writing.
3.11 We may update 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.
3.12 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.
3.13 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. 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.
4. Our products
4.1 Products may vary slightly from their pictures. The images and descriptions of the products and any packaging on our website or printed material are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printing of printed material accurately reflects the colour of the products. Your product may vary from those images.
4.2 If you are a business customer, all descriptions, specifications and advertising of our goods are for the purposes of giving an impression of the goods only. Any good faith 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.
4.3 Clearance Tiles. “Clearance” tiles are made available from mixed, old or previous batches of tiles or discontinued goods. You should purchase sufficient tiles as we do not guarantee future availability. Once the existing clearance stock has been sold, we cannot guarantee any future stock of clearance tiles. You may contact the sales office to check whether we can order clearance stock and a surcharge may be applicable.
4.4 Samples. You may order as many samples as you like on our website, where the option exists. Cut size samples will be 100 x 100mm and full size samples will be the whole tile. Shade variation is an inherent part of the manufacture of ceramic, porcelain, stone and glass tiles particularly in the decorative effects and goods supplied may not reflect precisely the shade of sample material.
5. Your rights to make changes If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements or to make minor adjustments or improvements. If these will materially affect the product, we will let you know.
7. Providing the products
Online orders and other orders made not in-store by consumers.
7.1 Delivery costs. For online orders made by consumers, the following delivery costs will apply:
(a) Orders under £349 (inc. VAT) for delivery within mainland UK (excluding Scottish Highlands and Islands) will be subject to a £34.99 delivery charge.
(b) Orders of £349 (inc. VAT) or more for delivery within mainland UK (excluding Scottish Highlands and Islands) will be delivered free of charge.
(c) Orders of any value for delivery outside mainland UK (excluding Scottish Highlands and Islands) will be subject to a delivery charge for which a quotation will be given on request.
For other orders made not in-store by consumers, the delivery costs set out at clause 7.16(b) shall apply.
7.2 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will contact you to rearrange delivery. We may charge for redelivery. We will not leave goods without being signed for by you or a person authorised by you.
7.3 If you do not re-arrange delivery. If you do not collect the products or if, after a failed delivery to you, you do not re-arrange delivery or collect them we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10 will apply.
Online orders and other orders made not in-store to businesses.
7.4 Delivery costs.
(a) For orders by businesses that are existing bona fide Tileflair Account holders the delivery costs set out at clause 7.16(a) will apply;
(b) For online orders by businesses that are not existing bona fide Tileflair Account holders , the delivery costs set out at clause 7.1 shall apply;
(c) For non-online orders by businesses that are not existing bona fide Tileflair Account holders, the delivery costs set out at clause 7.16(b) shall apply.
7.5 Goods ordered, where available, will normally be dispatched within 3 working days excluding day of order and will only be delivered to the cardholder's registered billing address unless otherwise agreed. Time for delivery of goods shall not be of the essence. We will not be liable for any delay which is the result of any factor which is beyond our reasonable control.
7.6 Delivery will normally be between Monday and Friday during the hours of 8 a.m. and 5.30 p.m. and delivery options are available to view on our website.
7.7 Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. The goods may be delivered by us in advance of the quoted delivery date.
7.8 The customer will accept delivery of goods ordered when tendered. The customer is not entitled to reject delivery or return the goods because the number delivered is less than the order. Short deliveries should be notified within 48 hours of delivery.
7.9 If the customer is not present the driver will not leave the goods as there must be an authorised person to sign for and accept delivery.
7.10 If an additional visit has to be made for attempted delivery then a quote will be provided to the customer based on delivery location and weight, which must be paid to us in advance of delivery.
In-store orders
7.11 Orders are accepted and arrangements for delivery made subject to availability. Any dates quoted for delivery are approximate only, and, in relation to business customers, the time of delivery is not of the essence. In relation to consumers, delivery will take place without undue delay and in any event, no more than 30 days after the contract between us is entered into and Tileflair issues a written acceptance of the customer’s order. Tileflair will not be liable for any losses the customer suffers as a result of late delivery or Tileflair’s inability to deliver within the period between approximate delivery date and up to 30 days after the date of purchase, nor for any delay which is the result of any factor which is beyond our reasonable control. Any arrangement made by the customer in anticipation of delivery is made at the sole risk of the customer.
7.12 Clauses 7.12, 7.13, 7.14 and 7.15 apply to consumers. If Tileflair does not deliver the goods within 30 days, in accordance with clause 7.11, the consumer may cancel their order immediately if any of the following circumstances apply:
(a) Tileflair has refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) the consumer told Tileflair, before Tileflair accepted the consumer's order, that delivery within the delivery deadline was essential.
7.13 In any other circumstances, if the consumer does not wish to cancel their order immediately, or does not have the right to do so under clause 7.12, the consumer can give Tileflair a new reasonable deadline for delivery and the consumer can cancel their order immediately, if Tileflair does not meet the new deadline.
7.14 If the consumer decides to cancel their order for late delivery under clause 7.12 or clause 7.13, the consumer may cancel 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 the consumer, the consumer will have to return them to Tileflair in accordance with clause 9.2.
7.15 If the consumer cancels their order under clauses 7.12 and 7.13 then Tileflair will refund all payments made by the consumer under the contract between us without undue delay and in any event, no more than 14 days after the day on which Tileflair are informed of the consumer’s decision to cancel the contract between us.
7.16 Delivery costs. Delivery prices may be updated from time to time on the Website or through Tileflair’s other literature as supplied to customers. Delivery prices as at the date of publication of these terms are:
(a) For existing bona fide Tileflair Credit Account holders: (i) Goods to a mixed net value of £200 and above may be delivered free of charge within Tileflair’s delivery area of approximately 30 miles radius from an existing Tileflair Branch. (ii) Goods under £200 net value or outside Tileflair’s delivery area or required on a day other than Tileflair’s usual delivery days will be subject to a carriage charge of £45 (exc. VAT).
(b) For existing bona fide Tileflair Cash Account holders: (i) Goods to a mixed net value of £500 and above may be delivered free of charge within Tileflair’s delivery area of approximately 30 miles radius from an existing Tileflair Branch. (ii) Goods under £500 net value or outside Tileflair’s delivery area or required on a day other than Tileflair’s usual delivery days will be subject to a carriage charge of £45 (exc. VAT).
(c) For in-store retail customers (not trade referred): (i) Goods to a mixed value above £349 (inc. VAT) will be subject to a carriage charge of £30 (inc. VAT). (ii) Goods to a mixed value of or under £349 (inc. VAT) will be subject to a carriage charge for which a quotation will be given on request.
(d) For in-store trade referred retail customers; all orders will be subject to a carriage charge of £45 (exc. VAT).
(e) For other customers, orders of any value will be subject to a delivery charge for which a quotation will be given on request.
7.17 The area referred to in clause 7.16 (a) above is an example only, and Account holder customers should request details of Tileflair’s free delivery area before making delivery arrangements. Tileflair reserves the right to change the extent or cancel the operation of such free delivery area without notice and additional charges may be payable.
7.18 For delivery outside Tileflair’s delivery area the additional costs of packing postage passenger rail or express carrier will be charged to you. You will be notified of this in advance of delivery and if you do not agree to these costs we will cancel your order and refund any sums paid for goods not delivered.
7.19 You must accept delivery of goods ordered when tendered. A business customer is not entitled to reject delivery or return the goods because the number delivered is less than the order. In such circumstances, short deliveries should be notified to Tileflair within 48 hours of delivery and we will contact you to determine any appropriate payment or refund.
7.20 Delivery takes place at the time of delivery, or attempted delivery, if you wrongly fail or are unavailable to take delivery.
7.21 You will be liable for reasonable costs (including insurance) of storage for goods which you wrongly fail or are unavailable to take delivery (unless the reason is a cause beyond your reasonable control or by reason of Tileflair’s fault) and unless you have made arrangements to take delivery or have taken delivery within 30 days of the date that delivery is first tendered, Tileflair may sell the relevant goods at the best price reasonably attainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract between us and will charge you for any short fall below the price under the contract between us.
7.22 Tileflair may deliver the goods by instalments, which shall be invoiced and paid for separately. In respect of business customers, each instalment shall constitute a separate contract between us. Any delay in delivery or defect in an instalment shall not entitle the business customer to cancel any other instalment.
All orders and customers
7.23 When we will provide the products. We will deliver them to you as soon as reasonably possible once we have received payment in full (save for existing bona fide Tileflair Account holders, where payment shall be made for the goods in accordance with clause 15.14). All goods are subject to availability but if they are in stock in our warehouse then goods will normally be dispatched within 3 working days (excluding day of order). Time for delivery of goods shall not be of the essence.
7.24 Availability of goods. If we or our suppliers are out of stock for any reason we will notify you of the anticipated date of availability for dispatch 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 in full.
7.25 We will not be responsible for any losses you may suffer if we are not able to supply the goods within these times.
7.26 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.27 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours at the relevant store, as displayed on our website.
7.28 When you become responsible for the goods if you are a consumer. The goods will be your responsibility from the time we deliver the goods to the address you gave us or you (or a carrier organised by you) collect it from us.
7.29 When you become responsible for the goods if you are a business. The risk in the goods shall pass to you on delivery or attempted delivery, if you wrongly fail or are unavailable to take delivery.
7.30 When you own goods. You own a product which is goods once we have received payment in full.
7.31 Our rights before you own the goods if you are a business.
(a) Notwithstanding delivery and the passing of risk in the goods, ownership of the goods shall not pass to you until Tileflair has received in cash or cleared funds payment in full for the price of all goods agreed to be sold by Tileflair to you for which payment is then due and all other monies on any account whatsoever between you and Tileflair.
(b) Until such time as property in the goods passes to you, you shall hold the goods as fiduciary agent and mere bailee for Tileflair and shall keep the goods separately stored so that they may be readily identified as the property of Tileflair and shall ensure that they are kept and maintained in the condition in which they were delivered.
(c) You are permitted to use and/or sell the goods which remains with Tileflair in the ordinary course of your business but any such licence is revoked automatically upon the happening of an insolvency event in relation to you (or any person comprised within the definition of “you” as the customer). For these purposes “insolvency event” means any of (i) the appointment of a receiver or receiver and manager (ii) the appointment of a liquidator or administrator (iii) the passing of any resolution for the winding up of the customer (except a solvent liquidation in terms approved by Tileflair) (iv) the making of an interim or other order granting a moratorium in respect of the rights of creditors (v) the proposing of any arrangement or composition with creditors (vi) the filing of a petition for bankruptcy or in each case any analogous event in any jurisdiction to which the customer is subject.
(d) Until such time as ownership of the goods passes to you Tileflair is entitled at any time to require you to deliver up the goods to Tileflair and you shall permit Tileflair (or its representatives) to enter any of your premises or the premises of any third party where the goods are stored and to inspect identify and/or recover the goods.
7.32 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6);
(d) deal with your failure to pay us for the goods in accordance with these terms, if you are a Tileflair Account holder.
7.33 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, save in circumstances described in clause 7.32(d)).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 14 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products 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 product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the goods for technical reasons, or notify you that 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.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of adhesives and grouts which cannot be accepted due to their perishable nature and shortened shelf life.
8.5 How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
In-store purchases
8.6 Unless the goods are faulty (in which case see clause 12 if you are a consumer and clause 14 if you are a business), surplus tiles may be refunded provided they are:
(a) returned with proof of purchase within 28 days of purchase;
(b) returned in full cartons only;
(c) current stock items in good re-saleable condition in original packaging, and undamaged and unused; and
(d) returned in a complete set, if sold as a set.
8.7 We are unable to refund the following goods unless they are defective:
(a) loose field tiles (except sample tiles);
(b) clearance or discontinued tiles;
(c) goods specially ordered for you from the manufacturer;
(d) adhesives and grouts; and
(e) soiled or damaged goods in respect of faults indicated to you at the time of sale.
8.8 If more than 20% of your order is returned then you will be charged a 20% re-stocking charge.
8.9 For business customers, we reserve the right to refuse cancellation of orders in the case of goods dispatched ready for dispatch or in process of manufacture.
8.10 Goods cannot be supplied on a sale or return basis and goods will not be taken back or exchanged where correctly supplied to order unless previously agreed or required by applicable law.
8.11 The return of goods specially ordered for the customer cannot be accepted in any circumstances unless the goods are defective or misdescribed.
8.12 For business customers, the return of faulty, soiled or damaged goods or stock tile items within 30 days of receipt in good condition properly packaged (only in full cartons showing shade number when purchased in full cartons) will be accepted on proof of purchase. The return within 30 days in good condition of any sample tiles will normally be accepted and refunded on proof of purchase.
8.13 Tileflair cannot accept the return of adhesives and grouts, owing to their perishable nature and limited shelf life.
8.14 Tileflair tries wherever possible to ensure continuity of supply but reserves the right to discontinue any product without prior notice whether before or after acceptance of an order. Tileflair will refund any deposit paid by the customer but Tileflair accepts no liability for costs incurred by the customer as a result of Tileflair's inability to supply the goods.
9. How to end the contract with us Ending the contract if you are a consumer who has changed their mind
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0117 959 8888 or email us at helpdesk@tileflair.co.uk. Please provide your name, home address,details of the order and, where available, your phone number and email address.
(b) Online. Complete the model cancellation form on our website.
(c) By post. Print off the form at the bottom of this page and post it to us at Tileflair Ltd, Highwood Lane, Bristol BS34 5TQ. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 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.
9.3 Returning products 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 as a consumer 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 dispatch note when returning the goods.
9.4 When we will pay the costs of return. We will pay your reasonable costs of return:
(a) if you are a consumer and if the products 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); or
(b) if you are a consumer and if you are ending the contract because we have told you of an upcoming change to the product 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;
In all other circumstances (including where you are a consumer exercising your right to change your mind, or if you are a business customer) you must pay the costs of return.
9.5 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.6 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 prior to or at the time of sale.
9.7 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) 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.
(b) 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 a product within 3-5 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.
9.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
9.9 Restrictions on returns. Save in respect of defective products (in which case see clause 12 if you are a consumer and clause 14 if you are a business), please note the restrictions on returns of goods purchased in-store described in clause 8.6 and 8.7.
Ending the contract if you are a business customer.
9.10 If you are not totally satisfied with the order for any reason, you have the right to cancel the order within 7 days from the date of delivery for a full credit or refund less any applicable delivery charges. The return of adhesives and grouts cannot be accepted due to shelf life.
9.11 Any cancellation request must be in writing and received by us within the 7 day period.
9.12 You will be responsible for the return of goods and any associated costs of return. Refunds or credits for goods will only be made if goods are received back complete and in a re-saleable condition.
9.13 Returned items must be received by us within 28 days of the date of delivery and must be accompanied with a copy of the dispatch note.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 If you have not made any payment to us when it is due, upon notice by us you must pay us all outstanding sums immediately.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0117 959 8888 or write to us at Tileflair Ltd, Highwood Lane, Bristol BS34 5TQ or helpdesk@tileflair.co.uk. Alternatively, please speak to one of our staff in-store.
11.2 You should examine all goods as soon as possible after delivery to be satisfied that the goods are undamaged, of the correct quantity and in accordance with your order.
11.3 For business customers, complaints regarding any matter revealed on examination of the goods following delivery or any matter that would have been revealed had such examination taken place as advised by these terms should be notified within 48 hours of actual delivery. Any other complaint should be notified within 7 days of actual delivery and in any event before the tiles are fixed or fitted. Tileflair has no liability under these terms or otherwise in respect of any complaint which is made after these times unless you are a consumer in which case Tileflair’s liability is limited as set out in these terms.
12. Our warranty and your rights in respect of defective products
12.1 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 if you are a consumer, or within the meaning of the Sale of Goods Act 1979 if you are a business).
12.2 Subject to paragraph 12.3 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 12.1 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).
12.3 We shall not be liable for goods' failure to comply with the warranty set out in clause 12.1 in any of the following events:
(a) you make any further use of such goods after giving notice in accordance with clause 12.2;
(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.
12.4 Except as provided in clauses 12.1 to 12.3, we shall have no liability to you in respect of the goods' failure to comply with the warranty set out in clause 12.1 above.
12.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.
12.6 These terms shall apply to any repaired or replacement goods supplied by us.
12.7 Shade variation is an inherent part of the manufacture of ceramic tiles and associated goods particularly in the decorative effects and therefore:
(a) goods are sold subject to the variation in shade inherent in the goods;
(b) it is important that an acceptable blend of shade is achieved before goods are fixed and we accept no liability in respect of shade variation before or after goods have been fixed in any event;
(c) goods supplied may not reflect precisely the shade of sample material;
(d) we accept no responsibility in respect of staining caused by coloured grouts.
12.8 We do not guarantee tiles against crazing.
12.9 The supply of goods does not mean that they are suitable for a specific installation.
12.10 It is your responsibility to check tiles for shade variation, visible defects or discrepancies of any kind before any tiles are fixed.
12.11 We cannot accept returns for visible defects after the tiles have been fixed.
12.12 You should ensure that all advice opinions representation or information on which you wish to rely in entering into any contract with us are put in writing and notified to us.
13. Your rights in respect of defective products if you are a consumer
13.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. 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.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, for example tiles, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years (depending on the nature of the product): if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3. 13.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0117 959 8888 or write to us at Tileflair Ltd, Highwood Lane, Bristol BS34 5TQ or helpdesk@tileflair.co.uk for a return label or to arrange collection.
13.3 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.
13.4 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.
13.5 If there are any other errors, please inform us with details of the error within 30 days of receipt.
13.6 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.
14. Your rights in respect of defective products if you are a business
14.1 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.
14.2 You must make a note of any damage in transit to the goods, shortages or errors on the delivery note at the time of delivery.
14.3 If any of the goods are received in a damaged condition or if there are any shortages or errors then you must inform us in writing of the exact amount missing or the extent of the damaged goods within two working days of the delivery.
14.4 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.
15. Price and payment
15.1 Where to find the price for the product. The price of the product (which includes VAT for consumer customers) will be the price indicated on the order pages when you placed your order online, or the price indicated in our published price list or as otherwise quoted by us in writing. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 15.3 for what happens if we discover an error in the price of the product you order.
15.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
15.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. 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.
15.4 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. If the price changes, we will give you notice and, if you are a consumer, you will have an opportunity to cancel. If you are a business, you will have an opportunity to cancel by giving notice to us to that effect within 48 hours of receipt of notice of the price change.
15.5 When you must pay and how you must pay. For goods, you must pay for the products before we dispatch them (save for existing bona fide Tileflair Account holders, where payment shall be made for the goods in accordance with clause 15.14). When you order goods payment may be made by Paypal or most major credit or debit cards including Mastercard, Visa and Maestro. 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. The order will only be processed when authorisation for payment has been correctly received.
15.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). We may, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
15.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15.9 For existing bona fide Tileflair Account holders, an annual account maintenance charge of £50 will be applied to all accounts with purchases of less than £1000 net value in a calendar year.
15.10 For business customers, it is your responsibility to declare any benefits in kind.
For in-store purchases
15.11 Tileflair may, by giving notice to the customer at any time (subject, in the case of any customer which is a consumer, to minimum notice of 2 Business Days) before delivery, increase the price of the goods to reflect any increase in the cost of the goods that is due to:
(a) any factor beyond Tileflair's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by the customer to change the delivery date(s), quantities or types of goods ordered, or the Specification; or
(c) any delay caused by any instructions of the customer or failure of the customer to give Tileflair adequate or accurate information or instructions.
15.12 Where the customer is a consumer, price alterations will be notified as above and the customer will have an opportunity to cancel the order by giving notice to that effect to Tileflair.
15.13 For business customers, all prices are subject to the addition of Value Added Tax (VAT) at the current rate. VAT is strictly net and is not subject to any discount. The customer shall, upon receipt of a valid VAT invoice from Tileflair, pay to Tileflair such additional amounts in respect of VAT as are chargeable on the supply of the goods.
15.14 Unless special conditions apply, all invoices will be dated the date goods are dispatched and payable:
(a) for existing bona fide Tileflair Account holders, by the end of the next month following the date of the invoice; or
(b) in all other cases, upon receipt of the invoice.
15.15 For business customers, times for payment are of the essence.
15.16 Tileflair may exercise its right to withhold supplies and withdraw credit facilities in the event of an account becoming overdue and all outstanding monies will then be payable forthwith irrespective of when they originally become due for payment and shall lose the benefit of any discount previously agreed.
15.17 No change in the customer’s status will be valid for contractual purposes unless prior written notice has been given to Tileflair and accepted by Tileflair in writing.
15.18 All accounts are payable at Tileflair’s Registered Office, Tileflair Limited, Highwood Lane, Bristol BS34 5TQ.
16. Our responsibility for loss or damage suffered by you if you are a consumer
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 13.1 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987
16.3 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.
17. Our responsibility for loss or damage suffered by you if you are a business
17.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
17.2 Except to the extent expressly stated, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
17.3 Subject to clause 17.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit (whether direct or indirect), or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for products under such contract.
18. How we may use your personal information
18.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) in accordance with our Privacy Policy, Data Protection Policy and Cookie Policy, copies of which are available at www.tileflair.co.uk
18.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
19. Other important terms
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
19.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
19.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 Joint and several liability. Where a customer comprises two or more persons the liability of such persons under the contract is joint and several.
19.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
19.7 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts, but either party may enforce the contract in any court of competent jurisdiction.
19.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to settle any such dispute or claim, but either party may enforce the contract in any court of competent jurisdiction.
Schedule 1 - Model Cancellation Form for consumer customers (Complete and return this form only if you wish to withdraw from the contract)
To Tileflair Limited
or
0117 959 8888
or
Tileflair Ltd, Highwood Lane, Bristol BS34 5TQ
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.