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Tilers Merchants > Legal Info - Terms of Business

Legal Info - Terms of Business

Legal Info - Terms of Business

  1. The Contract between us
    1. These are the conditions under which we, Tilers Merchants Limited (company number 7152410) deal with you, our customer for sales made by us to you via our website, www.tilersmerchants.co.uk.
    2. We must receive payment of the whole of any price for the goods which you intend to order before your order can be accepted. Once you place your order we will send you a confirmatory email providing details of your order to the e-mail address which you provide in the order form. This confirmatory email is not our acceptance of your order. Your order will not be accepted by us until full payment for the goods has been received by us. We will confirm that your order has been accepted by sending you an e-mail. It is this email and our acceptance of your order which brings into existence a legally binding contract between us.
  2. Goods to be supplied
    We will supply to you the goods described on the order form which you submit to us. Full details of the goods are set out in our website.
  3. Price
    1. The price payable for the goods that you order are set out in our website and will be confirmed in the email which we send you under condition 1.2.
    2. You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our applicable delivery charges and information relating to the delivery are set out in our website. 
    3. If you have ordered any products from us as samples, you may be entitled to a discount on your order.  To find out if you are so entitled, please view our sample policy, which can be accessed through the home page at our website.
  4. Rights for you to cancel your contract
    1. You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the goods. You do not need to give us a reason for cancelling your contract nor will you have to pay any penalty.
    2. You have a right to ask us to allow you to cancel your contract with us at any time if your credit card has been fraudulently used by a third party to make the order.
    3. To cancel your contract you must notify us in writing.
    4. If you receive the goods before you cancel your contract under condition 4.1 then you must send the goods back to our contract address (which is set out in our website) at your own cost and risk. If you cancel your contract but we have already arranged for the goods to be delivered you must not unpack the goods when they are received by you and you must send the goods back to us at our contract address at your own cost and risk as soon as possible.
    5. Once you have notified us that you are cancelling your contract, any sum debited by us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition in which they were delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct any costs of recovering the goods which we incur from the amount to be re-credited to you.
  5. Cancellation by us
    1. We reserve the right to cancel the contract between us if:
      1. we do not have enough stock to be able to deliver the goods you have ordered;
      2. we do not deliver to your area; or
      3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error on our website or an error in the pricing information received by us from our suppliers.
    2. If we cancel the contract between us pursuant to clause 5.1, we will notify you as soon as possible of that cancellation and re-credit to your account any sum which we have already debited from your credit card as soon as possible and, in any event, within 30 days of cancellation.
  6. Delivery of goods to you
    1. We will deliver the goods ordered by you to the address you give us for delivery with your order.
    2. Delivery will be made as soon as possible after your order is accepted.
    3. We aim to deliver the goods which you order to you:-
      1. for deliveries within the UK, within 7 working days from the date your order is accepted;
      2. for international deliveries, within 21 working days from the date your order is accepted.

        However, if we fail to deliver the goods in question within those timescales, you will not be entitled to cancel the contract as a result unless condition 7.2 applies.  In particular, we will not be liable for any delays in deliveries due to the customs and import procedures of the country of delivery, or any failure by you to obtain the necessary licences, clearances or consents for us to export or import the goods.  You will be responsible for the payment of any import duty or such other tax or duty or other payments which might  be necessary, and we will not be responsible to you for any delay in delivery caused by your failure to do so.
    4. You will become the owner of the goods you have ordered when they have been delivered to you.  We will be the owner until that point. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.
  7. Liability
    1. If the goods we deliver are not what you ordered or are damaged or defective or the wrong number of goods is delivered, you must let us know in writing (by, if at all possible, email) at our contact address of the problem within 10 working days of the delivery of the goods.  If you do not let us know, you cannot return the goods to us.
    2. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, you must let us know in writing (by, if at all possible, email) at our contract address of the problem within 40 days of the date on which you ordered the goods.  If you do not let us know, you cannot return the goods to us.

      If you notify us of a problem under this condition, we shall, at your option:
      1. deliver the correct quantity of goods to you;
      2. deliver replacement goods (where the goods are damaged or defective); or
      3. refund to you the amount paid by you for the goods in question in whatever way we choose.
    3. Unless the law provides otherwise, we will not be responsible for any loss of profits, business or goodwill (or similar loss) which you may suffer because of any problem about which you notify us under this condition and we shall have no responsibility  to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.2.3.
    4. You must observe and comply with all  of the regulations and legislation of the country of delivery which apply to that delivery including obtaining all necessary customs, import or other permits, licences or consents and/or paying any import duty (or such other payment which may be necessary). The import or export of  our goods to you may be prohibited by certain national laws. We make no statement and accept no responsibility in respect of whether or not the export or import of the goods you purchase is so prohibited.
    5. Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under any laws or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury caused by our negligence.
  8. Notices
    Unless otherwise stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address and all notices from us to you will be sent by us to the email address which you provide to us with your order.
  9. Complaints
    1. If you have any complaints about the goods or any aspect of the way we have dealt with you the complaint should be made in writing to our contact address.
    2. We will investigate any complaint you make as soon as we are able and in any event we will respond to your complaint in writing or by e-mail within 30 days of receiving your complaint.
  10. Events beyond our control
    We shall have no responsibility to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, among other possibilities, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
  11. Invalidity
    If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) then the remaining terms and conditions will remain enforceable and still apply.
  12. Privacy
    You acknowledge and agree to be bound by the terms of our privacy policy which is set out in our website and can be accessed by following the link from the home page.
  13. Intellectual Property
    All and any documents, data or other materials (and the copyright, design right or other intellectual property in them) either provided by us to you in the sale of products by us to you or subsisting in our website or contained in any emails which we send you shall remain our property and no part of it may be produced by you without our prior written consent or utilised for any purpose save that contemplated by any contract between us.  If you receive any confidential information about us, you must keep it confidential at all times.
  14. Third party rights
    Except for us and our affiliates, directors, employees or representatives and you, no person has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract made between us and you.
  15. Governing law
    The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
  16. Entire agreement
    These terms and conditions, together with our current website prices, details of goods, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf alters or supersedes these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

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01/02/2012

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