Conditions of sale
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 English Tile Company and any name under which The English Tile Company may trade
(b) “the Customer shall mean any person firm company or organisation to whom the Company agrees to sell “the Goods”;
(c) “the Goods” shall mean the goads (and any parts thereof) the subject matter of the contract as described in these conditions
(d) “the Manufacturer” shall mean either The English Company or the manufacturer of the Goods where the Goods are riot manufactured by the Company
(e) “the Contract” shall mean the contract for the purchase and sale of “the Goods”
Advice Technical and other advice is given by the Company’s authorised representatives in good faith and for general guidance only. The Company is not liable for errors, or, defects by, the Manufacturer or for other circumstances beyond its control.
Samples are exhibited solely to enable the Customer to judge the quality of the Goods, but not so as to constitute a sale by sample.
The Goods are supplied within the Manufacturers tolerance limits of size, texture and colour variations. Marble and stone is supplied subject to natural colour variation.
5.Comparison with Previous Orders
The Company cannot guarantee to match shades of previous orders.
No guarantee can be given against crazing.
7. 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 raw materials and supply from the Manufacturer. Every effort will be made to effect delivery within a quoted period. Where delivery is not effected 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.
8. 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. The contract is deemed to have been made at the Company’s place of business, for the purpose of the order.
11. Passing of Property
(a) Title to the Goods shall not pass to the Customer until the Customer has paid to the Company all sums due and payable by it to the Company under this contract and all other prior contracts between the Company and the Customer and until title to the Goods has passed to the Customer the customer shall possess the Goods or any part thereof as a bailee of the Company and shall store the Goods or any part thereof separately from other goods so as to ensure that they are clearly identifiable as the property of the Company
(b) and shall not use the Goods.
The Company shall be entitled to recover and resell Goods in respect of which title has not passed to the Customer at any time and the Customer hereby licences the Company its officers employees and agents to enter upon any premises of the Customer for the purpose either of satisfying itself that condition 11(a) is being complied with by the Customer or recovering any Goods in respect of which title has not passed to the Customer.
(a) If the Company is requested to deliver to a site, delivery will be to the nearest hard road to the site.
(b) If the Customer requests delivery to a site beyond the nearest hard road then all risk as to the condition of the Goods on delivery is with the Customer, and no claims will be entertained as to condition of the Goods on delivery.
(c) Unloading is the responsibility of the Customer.
(d) Delivery to the site of nearest hard road to the site requested by the Customer, established by a signed delivery note, is conclusive evidence that delivery has been made to the order of the Customer, and in compliance with the agreement.
(e) The Company shall not be required to fulfil orders in the sequence in which they are placed.Failure by the Customer to take delivery of or to make payment in respect of the Goods or any one or more instalments of the Goods shall entitle the Company to treat the whole of the contract as repudiated by the Customer.
(f) Without prejudice to condition 12(e) the company will endeavour to comply with reasonable requests by the Customer for postponement of delivery of the Goods but shall be under no obligation to do so and where delivery is postponed by agreement otherwise than due to default by the Company the Customer shall pay all costs and expenses including a reasonable charge for storage and transportation occasioned thereby and payment for the Goods shall be made on the date payment would have been due had delivery not been postponed.
(a) If the Company delivers in its own vehicle. the Company retains the risk for the condition of the Goods until delivery has been made (save for deliveries beyond the nearest hard road, in which case condition 12(b) shall apply)
(b) If delivery is by a carrier or by post, at the request of the Customer then risk for the condition of the Goods is with the Customer after the Goods have left the Company’s premises.
(c) If delivery is by carrier or post or any other means at the Company for condition of the Goods remains with the Company until delivery.
(d) The Company will charge the Customer for the cost of carriage, post or other delivery effected at the Customer’s request and/or consent if below the order value as set by the Company from time to time
(e) Delivery is completed by arrival of the Goods at the requested or appointed destination.
(a) Any claim as to the condition of the Goods on delivery and which would be apparent on visual inspection must be communicated within twenty four hours of delivery and confirmed in writing within five days after delivery.
(b) Subject to condition 16(c) after five 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) Liability of the Company for the defective condition of any of the Goods s supplied will not exceed the contract value of the Goods in respect of which the complaint and cannot be extended to cover consequential loss.
(d) Notwithstanding condition 16(c) no claim may be made in respect of defective condition of the Goods once they have been used by fixing to the wall, or by any attempt to fix the same to the wall.
(e) 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 intellectual property rights of any other person, firm or company.
15. 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.
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.
17. English Law
The contract is governed by English Law. The English Courts are the proper venue for any Actions arising from the Contract.
You must make all arrangements necessary to take delivery of products when we deliver them in accordance with the stated delivery times for the delivery charge you have paid. If you do not accept delivery of the products or we are unable to deliver or are delayed in delivering products because of your actions or omissions then we may charge you and you will be liable to pay us for all costs we incur. Once our transport company has collected your goods from our warehouse if you wish to cancel your order, you would be liable for transportation return charges
Costs & Timings:
Delivery is charged at £8 for standard orders, although is free for orders over £100.
For stocked items, standard delivery usually is next day, although this is a guideline only.
Some of our products are ordered specially for you so these items take longer – the timings depend on the product.
The English Tile Company will not under any circumstances entertain any financial demands from the customer for late or incorrect delivery. We always recommend that you never book a tiler or other workman until the goods have been delivered and inspected.
19. Refunds & Returns
Once your order has been dispatched it cannot be cancelled.
If you cancel your order it can be returned, however this will incur a 25% handling charge.
Once our transport company has collected your goods from our warehouse if you wish to cancel your order, you would be liable for transportation return charges.
This cancellation policy does not affect your legal rights.
Resalable Goods Refunds & Returns:
If you have completed your tiling or flooring job and wish to return any resalable goods we will provide you with a refund. Please note that only full boxes of tiles will be refunded. Simply return the items within 28 days of receipt of goods in their original condition. The English Tile Company reserve the right not to refund if the goods are deemed as not being in a resalable condition. Any delivery charge will not be refunded.
Refunds will only be processed once the goods have arrived with us and we have inspected their condition and deemed them to be in suitable condition for resale. Any delivery charge from the original order will not be refunded.
Please note once a refund is processed it may take up to 30 days for the funds to appear back on your card, this is dependent on the card provider and is not under the influence of The English Tile Company. Acceptance of these terms and conditions at the point of purchase represents acceptance of refund period of up to 30 days.
Damaged/Incorrect Goods Refunds & Returns:
All goods must be checked by the customer on receipt of goods – this is imperative. No responsibility for damaged product, shortages or incorrect products can be accepted after 48 hours / two working days (Mon – Fri) of receipt of goods.
Where you purchase goods from us that are defective we shall (at our option) repair or replace such goods or refund the price of such goods provided that (a) you give us notice within 48 hours of the date of your acceptance of the goods and (b) provided that damage to the goods has not been caused by you. Our entire liability to you shall be limited to the price you paid for the goods and we shall not be responsible for any consequential or other financial loss that you may seek to claim for regarding the tiling or flooring job you are carrying out. All damaged goods will be replaced on standard delivery at our cost.
The English Tile Company products are guaranteed for 12 months from point of purchase (excluding individual supplier guarantees, details of which would have arrived with your product). Compensation, refunds or returns will not be considered after this period.
If you find any damages on receipt of goods, you must forward a clear photo of the damages to firstname.lastname@example.org before we send out replacements.
20. Checks Prior To Fitting:
Please check your tiles carefully before fixing. Shade variation is a design feature of most of our tiles. If for any reason you are not happy with the shade of your tiles, we cannot accept the responsibility after the tiles have been fixed. Fixing the tiles to a substrate means that you have accepted the tiles in their present state so no refunds or replacements will be offered. Please ensure you are happy with the shade of your tiles before you start any project.
Description of Goods:
All images, descriptive matter, specifications and advertising on our website are for the sole purpose of giving an approximate description of the goods. All specifications given to the customer are approximate and intended as a guide only. We always endeavour to ensure all product descriptions are correct, but advise customers to seek technical advice from qualified sources prior to ordering products and any work to be carried out.
By placing an order from The English Tile Company we reserve the right to contact you through email or other marketing sources after placing an order. The English Tile Company will only use a reputable company to do this, and you will always have the option to unsubscribe in the email sent to you, other forms of request will try yp be carried out but cannot be guaranteed. Any such campaigns are carried out in a business like manner, and your data is always protected, and not sold on or used by any 3rd parties other than The English Tile Company.