Trading Terms And Conditions Of Use
Online Sales Terms and Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them. No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.
|We are:||TileStyle Limited|
Ballymount Retail Centre
|You are:||a visitor to Our Website / our customer|
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any person who, in connection with this agreement, is acting for purposes which are outside their business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on Our Website
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2. Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and in any event to you as a buyer or prospective buyer of our Goods.
2.2 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
2.3 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
2.4 Unfortunately, we cannot guarantee that Goods advertised on our website are available.
2.5 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
2.5.1 accept the alternatives we offer;
2.5.2 cancel all or part of your order;
2.6 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
2.7 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.
3. Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our Website.
4. Price and payment
4.1 We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euros will be borne by you.
4.3 The price of goods excludes delivery (unless otherwise stated). The cost of delivery shall be as specified in the order.
4.4 Payment of all Goods must be made in advance. Payments made online at checkout are through a secure online payment authorisation service that processes your card details and obtains payment from your card provider. We accept payment by Mastercard, Visa, American Express and PayPal.
4.5 Prices include Irish Value Added Tax. Value Added Tax will be charged at the rate applying at the time of confirmation of order.
5.1 Deliveries will be made by post / a carrier instructed by us to the address of the registered debit/credit card holder used to place the order. You must ensure that someone is present to accept delivery.
5.2 Deliveries are usually made between 7am and 6pm Monday to Friday (excluding bank holidays) unless otherwise agreed by email by the Company and the Customer.
5.3 A Company representative will make contact with you to arrange a delivery time either by telephone or email. We will strive to deliver on the agreed date at the agreed time. However, we cannot guarantee delivery dates and times as they may be affected by circumstances beyond our control.
5.4 We shall have no liability for late or incorrect delivery. We recommend that you do not arrange to book a tiler or other workman until the goods have been received and inspected.
5.5 All goods must be signed for as proof of receipt. If you the Customer cannot be present yourself you should ensure an alternative adult is available to sign on your behalf.
5.6 If we are unable to gain access to the agreed delivery address we will return the goods to our warehouse and make contact with you to re-arrange for an alternative date and time of delivery. In these circumstances we will have to charge you an additional delivery fee.
5.7 If we ourselves are not able to deliver your Goods within 10 days of the date of your order, we shall notify you by e-mail or contact you by telephone to arrange a later date for delivery and give you the option of cancelling your order.
5.8 If we are not able to deliver the whole of the order at one time for any reason including operational reasons or shortage of stock we may deliver the Goods in instalments. We will not charge you extra delivery charges in these circumstances. If however you request us to deliver the order in instalments we may charge you extra delivery charges. Each instalment shall be treated as a separate contract and late delivery of one instalment will not entitle you to cancel any other instalment.
5.9 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
6. Cancellation of order
6.1 If you are a citizen of the European Union, and you bought the Goods as a Consumer, you may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.
6.2 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.
6.3 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
6.4 If you cancel after we have despatched the Goods, we will refund the price of the goods only. No exchange or return on Paint products.
6.5 The option to cancel your order is not available if the Goods are:
6.5.1 Special order items
6.5.2 made or altered to your specification;
6.6 If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used or damaged.
6.7 You are responsible for the cost of returning them.
6.8 To assist us in identifying your Goods on receipt by us, we ask you to telephone 00353 1 8555200 for a returns reference to be placed below our address / returns label.
6.9 If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
6.10 We will refund your money within 30 days.
6.11 This paragraph does not affect your statutory rights in the event that the Goods are faulty.
7. Responsibilities specifically accepted by the customer
7.1 It is the responsibility of the Customer to ensure that they have examined and are satisfied in all respects with the goods before installation/ fixing commences as the Company will not accept any claim for materials once they are fixed.
7.2 As shading is an inherent quality in most tile, stoneware and wood products, 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.
7.3 If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws of your country. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
8. Description of goods and material characteristics
8.1 All images and descriptive narrative on Our Website are for the sole purpose of giving an approximate description of the goods offered for sale. We endeavour to ensure that all product descriptions and technical data are correct but advise Customers to seek additional technical advice from us or other qualified sources prior to commencing any work.
8.2 Bathroom Products and Accessories
8.2.1 It is the responsibility of the Customer to ensure that care and maintenance of bathroom products is carried out in accordance with the manufacturer’s prescribed guidelines.
8.3 Wood Flooring
8.3.1 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.
8.4 Tiles and Stoneware
8.4.1 Natural stone material incorporates characteristics such as fossilization, fissures, porosity, irregular edging, indentations and small chips and may vary considerably from batch to batch.
8.4.2 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.
8.4.3 As colour, glaze and application can vary from batch to batch samples are for general guidance only and not necessarily identical to current stock.
8.4.4 All tile sizes are nominal but within acceptance tolerances of the tile industry. As the number of tiles indicated per square metre is nominal and can take into account appropriate jointing the prices quoted per square metre are to be taken as indicative only.
9. Goods returned
9.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This section covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
9.1.1 exactly what is the fault
9.1.2 when and how you discovered the fault
9.2 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty
9.4 The Goods must be returned to us as soon as any defect is discovered.
9.5 So far as possible, Goods should be returned:
9.5.1 with both goods and all packaging as far as possible in their original condition
9.5.2 securely wrapped
9.5.3 including our delivery slip
9.5.4 at your risk and cost
10.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
10.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
10.3 We give no warranty and make no representation, express or implied, as to:
10.3.1 the adequacy or appropriateness of the Goods for your purpose
10.3.2 the truth of any Content on Our Website published by someone other than us
10.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used
10.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
10.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
10.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
10.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
11. Content and Intellectual Property Rights
11.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data and software).
11.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title and ownership rights shall remain the sole property of us and/or the other content provider. We will strongly protect those rights in all countries.
11.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
11.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
11.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
12. Your email address
12.1 You acknowledge that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
12.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
12.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
13. System Security
13.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
13.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
13.3 You may not use any software tool for the purpose of extracting data from our website.
13.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
15. Data Protection
TileStyle Limited is committed to protecting your privacy and fulfilling its obligations under Irish Data Protection Laws.
15.1 For each order we receive we collect some personal information including your name, address, email address, telephone number, payment information etc., the sole purpose of which is to enable us to process, deliver and receive payment for your order.
15.2 We do not retain any credit or debit card information as all payment information is processed through a secure SSL encrypted payment gateway operated by PayPal and you can view their security statement on our site.
15.3 Any personal data collected or stored in our database is kept secure and is never shared with a 3rd party. We may occasionally contact you by email with special offers but any such contact will allow you to choose to be removed from our database.
The contents of this website are protected by the law of copyright. All rights in this website, including copyright are owned or licensed to TileStyle Limited. You may copy or save items included in this website for your own personal, non-commercial use only.
17. Miscellaneous provisions
17.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
17.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those goods or service.
17.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
17.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
17.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
17.8 This Agreement shall be governed by and construed in accordance with the law of the Republic of Ireland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.