TERMS & CONDITIONS

These are the Terms and Conditions on which we supply goods to you. They do not affect your statutory rights. Any variations to these Terms and Conditions shall be inapplicable unless agreed in writing by us – A&R Tiles Limited.

THE COMPANY

“We” are A&R Tiles Limited, a company registered in England No: 08406906. VAT No: 502003134. Our registered office is at 4 Cedar Park, Cobham Road, Ferndown Business Park, Wimborne, BH21 7SF . Telephone number: (01747) 855733. Email: office@aandrtiles.co.uk

We may revise or update these terms and conditions at any time without notice.

OUR CONTRACT WITH YOU

Our acceptance of your order will take place once payment has been made, at which point a contract will come into existence between you and us.

If we cannot accept your order, we will inform you of this and not charge you for the goods. This may be because the goods are 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 good, or because we are unable to meet a delivery deadline you have specified.

OUR GOODS

Good may vary slightly from their pictures, The images on our website are for illustrative purposes only. Although we have made every effort to display the goods accurately, we cannot guarantee that a device’s display of the goods accurately reflects them. Your goods may vary slightly from those images. All images, descriptive matter, specifications designs and advertising on our website (including copyright, design right, or other intellectual property therein) shall be the exclusive right of the manufacturer and are for the sole purpose of giving an approximate description of the Goods. Please note that although every effort has been taken to ensure that the tiles are accurately depicted, colours may vary according to your individual monitor, browser, and graphics card settings. Any description of Goods appearing on our promotional material is believed to be correct and current but is not warranted by us and in so far as any such publication has been compiled from information supplied to us by our manufacturers and suppliers, we accept no responsibility for the accuracy of any such description. 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. In the case of natural stone Goods, these are sold on the express understanding that they are of natural stone which is subject to natural formation characteristics, variation in colour, texture, markings and moisture content.

Making sure your measurements are accurate. It is important that you check your measurements carefully; we will not be liable for any shortfalls or surpluses arising from incorrect measurements. Your order should always include an additional 10% to allow for wastage to cover cutting, minor imperfections, as could be expected with the type of stone and finish ordered, and breakage. If you do not order enough, subsequent goods may not be the same batch.

SAMPLES

Shading is an inherent part of Tiles. Therefore the sample you receive might differ slightly from your final order. With natural stone, this will differ more (in the case of natural stone Goods, these are sold on the express understanding that they are of natural stone which is subject to natural formation characteristics, variation in colour, texture, markings and moisture content).

PRICE AND PAYMENT

We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see below for what happens if we discover an error in the price of the goods you order.

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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods (including delivery costs) in full before the change in the rate of VAT takes effect.

It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

PROVIDING THE GOODS

The costs of delivery will be as told to you during the order process.

During the order process we will let you know when we will provide the goods to you. We will contact you to confirm the goods are ready to collect.

We are not responsible for delays outside our control. If our supply of the goods 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 goods you have paid for but not received. We recommend you order tiles in advance of the start date of installation, if tiles have been ordered and not received before this date, under no circumstance may we be liable for financial reimbursement for late or incorrect delivery.

YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the goods you have ordered, 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 goods, 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.

OUR RIGHTS TO MAKE CHANGES

We may change the goods or substitute goods for equivalent or similar goods:

(a) to reflect changes in relevant laws and regulatory requirements; or

(b) as a result of an event outside of our control, the goods you ordered are unavailable.

YOUR RIGHTS TO END THE CONTRACT

You are welcome to cancel your order prior to its dispatch, however if a special order item has been dispatched from our supplier to us we cannot cancel the order. Stock items must be unused and returned in the original packaging in a re-saleable condition within 8 weeks of receipt of your goods.

Special order/non-stock tiles, hand-painted tiles, glass tiles, borders, mosaics, listellos, inset tiles and all sale items are non-returnable.

If the product returned is not in fully re-saleable condition or the packaging is damaged, we reserve the right to refuse a refund on the item. This does not affect your statutory rights.

OUR RIGHTS TO END THE CONTRACT

We may end the contract for a goods at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment 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 goods; or

If we end the contract in the situations above, we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

TITLE AND RISK

The customer shall become responsible for all materials upon receipt of the seller.

Ownership and legal title shall not pass to the Customer until payment in full of the Agreed price has been made to the seller.

CHECKS AND PLANNING AHEAD

We always recommend that you consult with your tiler once your items have been delivered and checked. This will enable you to resolve any technical questions or to order specific additional fittings if necessary. We cannot under any circumstances accept any financial demands for any third party costs incurred due to planning ahead.

It is preferable to purchase tiles, borders and decors from the same range as our tiles may be sourced from different suppliers which may result in a slight variation in size/colour. If in doubt please contact us for advice.

Please check your tiles carefully before fixing. Shade variation is a design feature and is inherent in the manufacture of most tiles and once the tiles are fixed it will have been deemed that the tiles have been checked for any faults, quality or shading issues prior to fixing and that their condition at the time of fixing has been accepted. We cannot replace tiles that have been cut, had adhesive or chemical sealants applied, or been fixed to a substrate. Installation constitutes acceptance of the product. To minimise shade variation it is common to choose from assorted boxes at the time of fixing.

No tiles are guaranteed against crazing or shade variation. If for any reason you are not happy with the shade or your choice of tiles, we cannot accept any responsibility after the tiles have been fixed and we cannot accept any liability for further or sub sequential loss or expense if the tiles are faulty, or not to your acceptance. Any such issues will be passed to the manufacturers, whereby any claims will become solely the manufacturer’s liability. Disclaimers or notes printed on boxes or packaging is your duty to read and accept prior to fixing.

We cannot accept any liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions if requested (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.

We shall not be liable for any cost incurred for removal or re-installation of goods once installed.

RECOMMENDED INSTALLERS

We do not offer an installation service ourselves. Instead, we may on occasion pass on information about local tilers that we believe, to the best of our knowledge, to be very capable. Please note that these tilers are not in our employ and we cannot be held responsible for their work. Any contract that you form for installation is between you and the installer and not A&R Tiles Limited.

IMPORTANT NOTICE

Any claims which are 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 you) be notified in writing to us within 24 hours from the date of delivery. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you 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 us in accordance with these Conditions, we shall be entitled to replace the Goods (or the part in question) free of charge or, at our sole discretion, make a refund to you, the price of the Goods (or a proportionate part of the price), but we shall have no further liability to 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 works carried out.

NOTICES

If you have any questions or complaints about the goods, please contact us. You can telephone us at 01747 855 733 or write to us at office@aandrtiles.co.uk.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage on goods 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.

We are not liable to you in respect of the goods if:

(a) a defect arises because you failed to follow our written instructions as to the storage, commissioning, use or maintenance of the goods;

(b) you alter or repair the goods without our consent in writing;

(d) the goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.

We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will use the personal information you provide to us:

(a) to supply the goods to you;

(b) to process your payment for the goods; and

(c) if you agreed to this during the order process, to inform you about similar goods that we provide, but you may stop receiving these at any time by contacting us.

We will only give your personal information to third parties where the law either requires or allows us to do so.

OTHER IMPORTANT TERMS

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, acting reasonably, agree to this in writing.

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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

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.

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 goods, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.

TECHNICAL INFORMATION

If you require any technical information about any of our products please contact us, we have many information packs and leaflets that may be helpful prior to fixing.

Natural stone tiles and mosaics should be sealed before and after fixing. Ensure to seal prior to grouting.

GOVERNING LAW

These Terms and Conditions and each Contract for Sale are governed by English Law.

By purchasing from A&R Tiles Limited, you acknowledge understanding and agreement of these Terms and Conditions.