1. Definitions

In these conditions unless the context requires otherwise the singular shall include the plural and the masculine gender the feminine and neuter genders and vice versa and the following words shall have the meanings set out opposite them:

(a) “the company” shall mean (the tile-store);
(b) “the customer” shall mean any person, firm, company or organization to whom the Company agrees to sell “the Goods”;
(c) “the goods” shall mean the goods (and any parts thereof) the subject matter of the contract as described in these conditions and (if appropriate) on the face of the Company´s acknowledgement of order form;
(d) “the Manufacturer” shall mean the manufacturer of the Goods where the Goods are not manufactured by the Company.

2. Samples

Samples are supplied to enable the Customer to judge the quality of the Goods, but do not constitute a sale by sample.

For samples only orders initially thetile-store.co.uk has a standard charge of £7 including postage and packing for up to four samples (samples in excess of the tile size 333x333 mm will be provided as a cut tile) The cost of samples will then be deducted from the total cost of any future orders you make*.

*In case of multiple invoices for samples orders the refund would apply to one sample invoice only.

3. Variations

The Goods are supplied within the Manufacturers tolerance limits of size, texture and colour variations.Due to the manufacturing process of tiles orders may not be identical in shade to samples previously supplied. It is the responsibility of the purchaser to check goods supplied before fitting as no claim can be accepted once goods supplied have been fitted.

4. Comparison With Previous Orders

Due to the manufacturing process of tiles and their batching,the company cannot guarantee to match shades of previous orders.

5. Crazing On Ceramic Tiles

Due to the manufactruring process of tiles no guarantee can be given against crazing.

6. Quotations & Prices

(a) Prices quoted in the quotations or price lists are those then current and shall not be binding on the Company. The customer will be charged at the price ruling at the date of the order being placed.
(b) Packaging and postage or carriage will be charged extra.

7. Catalogues etc.

Any description of the goods appearing in the Company´s brochures, catalogues, web-site and other publications is believed to be correct and current but is not warranted by the Company. Where any such publication has been compiled from information supplied to the Company by any supplier or Manufacturer of any such goods the Company accepts no responsibility for the accuracy of any such descriptions.

8. Delivery

(a) All goods supplied by the Company shall be delivered to the address as specified in the Customer´s order. The Goods will be delivered on a tail lift vehicle to the nearest point of hard standing. It is the Customer´s responsibility to take the Goods into their property.
(b) Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in the delivery of the Goods whatsoever.
(c) If the Company fails to deliver the Goods for any reason other than any cause beyond the Company´s reasonable control, or the Customers fault, and the Company is accordingly liable to the Customer, the Company´s liability is limited to the excess of the cost to the Customer of similar Goods to replace those not delivered.
(d) If the Customer fails to take delivery of the Goods or fails to give the Company adequate instructions for delivery, the Company may charge for redelivering the Goods.
(e) The Company does not operate a returns policy.

Each delivery is a separate Contract. Failure to deliver any part of an order does not invalidate the Contracts for the balance.

Delivery Quotation

Time is not of the essence of the Contract. Quotations as to delivery time are given in good faith, but delivery is subject to availability of the Goods and supply from the Manufacturer. Every effort will be made to effect delivery within a quoted period. Where delivery is not affected within such quoted period the Customer shall accept delivery of the Goods within such further period which is reasonable in all the circumstances PROVIDED THAT if the Customer is of the reasonable opinion that such reasonable period has expired he shall give written notice to that effect to the Company stating his reasons for such opinion whereupon such reasonable period shall be deemed to expire 15 days after service of such notice. The Customer shall have no right to claim damages or cancel the order for any delay in delivery not exceeding 15 days beyond such reasonable period.

Acceptance Of Delivery

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. Force Majeure

In the event that the manufacture or delivery of any of the Goods is prevented or hindered directly or indirectly by fire, the elements, war, civil commotion, strikes or lock-outs, industrial dispute, shortage of fuel notwithstanding that the Company has taken all reasonable steps to procure the same, shortage of labour, break down or partial failure of vehicles, plant or machinery, acts, orders or regulations of Government, delay on the part of any independent sub-contractor or supplier, or any other cause whatsoever beyond the reasonable control of the Company then the time for delivery of the Goods shall be extended for a reasonable period having regard to the effect of the delaying cause on the manufacture or delivery.

10. Warranties & Liability

In the event that the manufacture or delivery of any of the Goods is prevented or hindered directly or indirectly by fire, the elements, war, civil commotion, strikes or lock-outs, industrial dispute, shortage of fuel notwithstanding that the Company has taken all reasonable steps to procure the same, shortage of labour, break down or partial failure of vehicles, plant or machinery, acts, orders or regulations of Government, delay on the part of any independent sub-contractor or supplier, or any other cause whatsoever beyond the reasonable control of the Company then the time for delivery of the Goods shall be extended for a reasonable period having regard to the effect of the delaying cause on the manufacture or delivery.

Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified in writing to the Company within 2 days from the date of delivery. If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability of such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

Where any valid claim in respect of any of the Goods which is based on any defect in the quality or Condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company´s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Customer.

Except in respect of death or personal injury caused by the Company negligence, the Company shall not be liable to the Customer by reason of any representative, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in conjunction with the supply of the Goods or their use or resale by the Customer, except as expressly provided in these conditions.

11. Risk

(i) The risk in the Goods supplied by the Company shall pass to the customer on delivery to the place of delivery and the nearest point of hard standing.
(ii) If the Company is requested to leave the Goods at the Customer´s property, the risk in the Goods supplied by the Company will pass to the Customer once off loaded by the Company, and the responsibility for securing these Goods is that of the Customer.

12. Payment

Payment will be made on ordering of Goods prior to delivery. An order cannot be processed until payment is made.

13. Claims

(a) Any claims as to the condition of the Goods on delivery and which would be apparent on visual inspection must be communicated within two days of delivery via our contact facility on the web-site.
(b) Subject to condition 15 (c) after two days from delivery the customer is deemed to have accepted the Goods as having been supplied in good condition, and in accordance with the order.
(c) Any claim as to the condition of the Goods not apparent on visual inspection must be communicated in writing to the Company within one week of the date of delivery.
(d) 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.
(e) Notwithstanding condition 15 © no claim may be made in respect of defective condition of the Goods once they have been used by fixing to the wall / floor or by any attempt to fix the same to the wall / floor.
(f) In the event that the Goods are not manufactured by the Company then the Company gives no assurance, warranty or guarantee whatsoever that the sale or use of the Goods will not infringe copyright, registered design, design copyright or other intellectual property rights of any other person, firm or company.

14. Condition Of Sale

The Company´s conditions over-ride any Conditions of Sale / Purchase of the Customer. The Customer´s Conditions are only effective in so far as they do not conflict with the Company´s Conditions.

15. Notice

Any notice required to be given by either the Company or the Customer to the other shall be deemed to be properly served if sent by prepaid registered letter posted to its registered office or such other address as may from time to time be notified to the other for this purpose and any notice served shall be deemed to have been served 24 hours after the time of posting and in proving such service it shall be sufficient to prove that the notice was properly addressed and posted.

16. English Law

The contract is governed by English Law. The English Courts are the property venue for any Actions arising from the contract.

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