DEFINITIONS AND APPLICATION
- In these conditions
“Company” is TileStyle Limited trading under these conditions
“Person” includes persons or any Body or Bodies Corporate.
“The Owner” means the owner of the goods to which any business concluded under these conditions relates and any other person who is or may become interested in them.
“Customer” means any person, employee or agent of any person who is purchasing the goods
“Goods” means tiles, wood flooring, bathrooms, materials, articles or things to be supplied
- All orders, in whatever terms, and any activities of the Company in the course of business are undertaken subject to these conditions which no person in the employment of or acting in any way as agent of the Company, or purporting to do so, has power to vary. Previous dealings between the Company and any Customer shall not vary or replace these terms or be deemed in any circumstances to do so. Acceptance of the goods by the customer shall be conclusive evidence before any court of law or arbitrator that these terms apply.
- If any legislation is compulsorily applicable to any business undertaken, these conditions shall as regards such business, be read as subject to such legislation. If any part of these conditions be repugnant to such legislation to any extent such part shall as regards such business be overridden to that extent and no further.
LIABILITIES OF THE CUSTOMER (and directors of a body corporate)
- The Customer shall pay to the Company in cash or as otherwise agreed all sums immediately when due without reduction or deferment on account of any claim.
- All credit accounts shall be strictly net and be operated within the terms agreed in writing between the Company and the Customer. In respect of all sums that are overdue the Customer shall be liable to pay to the Company interest calculated at 4% above the prime lending rate for the time being of Allied Irish Banks p.l.c. The Customer will become responsible for all legal and other related costs necessarily incurred by the Company in the collection of overdue accounts.
- The Customer acknowledges that before entering into any agreement for the purchase of any goods from the Company he has expressly represented that he is not insolvent or bankrupt or being a body corporate knows of no circumstances which would entitle any debenture holder or otherwise secured creditor to appoint a receiver to petition for the winding up of the company purchasing the goods or apply for the appointment of an administrator or exercise any other rights over or against the purchasing company's assets.
- In the event that the customer, being a body corporate, for whatsoever reason, is unable to discharge its liabilities to the Company the directors of the purchasing company agree to accept personal (joint and several) responsibility for the unpaid amounts.
RESPONSIBILITIES SPECIFICALLY ACCEPTED BY THE CUSTOMER
- Ultimate responsibility for ordering the correct quantities, sizes or dimensions of goods required for any specific job rests with the Customer. The Company, its employees or agents do not accept any responsibility whatsoever for incorrect measurements or any consequences arising from purchase of incorrect quantities, sizes or types of goods.
- Risk shall not pass at the same time as property in the goods but shall pass at the time of collection or delivery and the Customer accordingly accepts that it is their responsibility to arrange for appropriate insurance cover and security.
- All goods must be collected by the Customer within 4 weeks. After such time, a storage charge will be incurred by the Customer. All goods collected from the Company's premises must be examined and signed for by the Customer (or their delivery agent) prior to despatch. No claim for damaged materials or shortages will be entertained afterwards.
- As shading is an inherent quality in most ceramic tiles and wood, Customers accept that it is their responsibility to order the correct quantity of goods for their requirements, as the Company cannot guarantee to be able to match shades supplied in previous orders.
- It is the responsibility of the Customer to ensure that they have examined and are satisfied in all respects with the goods before installation and fixing commences as the Company will not accept any claim for materials once they are fixed.
- It is the responsibility of the Customer and or his/her agents to satisfy themselves that any products selected are suitable for the intended area of use and that any relevant health and safety issues are considered. It is important to note that in relation to flooring products in general, the risk of slipping is inherent and it is the responsibility of the Customer and or his/her agents to factor in any relevant risks in relation to the specific use and service conditions of their property or areas for which they have responsibility. TileStyle cannot be held responsible for the incorrect or inappropriate selection of products.
- Where a fault is found in the goods supplied the liability of the Company will be limited to the value of the goods supplied or if greater the amount recoverable by the Company from the supplier of the materials.
- The Company will not accept any liability for consequential loss arising from the supply or installation of faulty goods.
- Any claim for faulty goods must be submitted on a timely basis with the goods in question. No claim will be processed unless the complained of goods are returned at the same time and the appropriate returns documentation completed.
- The Company does not provide a delivery service.
Whilst the Company may put Customers in contact with delivery providers, or organise them on their behalf ( and include their charges as part of a Company invoice), it is not or cannot be held responsible under any circumstances for goods that are damaged in transit, breakages, pilfering or shortages as these delivery providers are not employed by, nor do they act as agents for the Company.
TILING CONTRACTORS, PLUMBING CONTRACTORS AND WOOD FLOORING SPECIALISTS
- TileStyle does not provide a tiling, plumbing or wood flooring service.
- Whilst the Company may put customers in contact with tiling contractors, plumbing contractors or wood flooring specialists or organise them on their behalf, it is not or cannot be held responsible under any circumstances for work carried out by them, as these tiling contractors,plumbing contractors or wood flooring specialists are not employed by, and do not act as agents for the Company.
- Special orders i.e. orders for non-stock goods will be accepted only against a 50% non-refundable deposit. The Company may request full payment with the order depending on the type of goods in question and other relevant circumstances. In such cases, the full amount is nonrefundable.
- As colour, glaze and application can vary considerably over a period of time, samples on display are for general guidance only and not necessarily identical to current stock.
- In particular, natural stone material incorporates characteristics such as fossilization, fissures, porosity, irregular edging, indentations and small chips and may vary considerably from batch to batch.
- Crazing is also an inherent quality in glazed tiles. It is not a fault and often enhances the tile. No guarantee can be given by the Company against crazing.
- All tile sizes are nominal but within acceptance tolerances of the ceramic tile industry.
- The number of tiles indicated per square metre or square yard is nominal and may take into account appropriate jointing.
- Wood is a living material, one that breathes and adapts to its environment. Each board is unique and may have some variations in colour, structure and knots. Wood exposed to normal sunlight is subject to colour change.
- Product manufacturers reserve the right to change materials, components, design or dimensions of any goods without prior notification.
It is the responsibility of the Customer and his or her agents to ensure that care and maintenance of bathroom and flooring products is carried out in accordance with the manufacturer's prescribed guidelines. It’s also important that regular maintenance procedures are consistent with any relevant risk assessments which reflect the specific on-site conditions.
ORDERS AND PRICING
- Orders are accepted and estimated availability dates given on the understanding that the Company has available unsold stock or will be able to secure the required goods from its suppliers on time. Whilst the Company will use its best endeavours to meet such dates, it can accept no responsibility for any losses that might be suffered by the Customer as a consequence of any delays.
- As the number of tiles or wood flooring indicated per square metre or square yard is nominal and can take into account appropriate jointing, the prices displayed and quoted per square metre or square yard are to be taken as indicative only. Quotations given and orders processed for goods are invoiced at "each".
- Catalogues, price lists and other advertising material are only indications of the type of goods offered and are subject to variation from time to time by the Company and shall not constitute an offer or be binding on the Company.
- Prices displayed or given on quotations are displayed or given by the Company in good faith. Whilst the Company will use its best endeavours to maintain the prices as displayed or quoted, such prices are subject to alteration without notice and shall unless otherwise agreed in writing between the parties be adjusted to the price ruling at the date of despatch.
- Wood Flooring is sold per pack only.
CANCELLATION OF ORDERS AND RETURNS
- The Company reserves the right to refuse the cancellation of any order or part thereof.
- Goods are not supplied on a sale or return basis.
- Goods purchased in a promotion or sale or at special offer prices will not be accepted for return or exchange. This provision does not affect a customer's statutory rights.
- Returns of other goods will be accepted at the sole discretion of the Company and must be accompanied by the original sales receipt. A credit note will only be issued if materials are returned in their original condition in unopened cartons. Returns of materials comprising mixed batches/shades or batches/shades that differ to current material stocks will not be accepted. Returns of shower doors will not be accepted. No exchange or return on Paint products.
- In the event that the Company agrees to accept returns from a customer, a handling charge of 25% will apply.