Terms & Conditions
'The Company' and 'Seller' means The Tile Gallery (Lancashire) Ltd T/A Tile Gallery & Coverings
'Buyer' and 'Customer' means the person who accepts a quotation from the Seller, for the sale of the Goods or agrees to buy the Goods from the Seller.
'Goods' means the Tiles and other products which the Buyer agrees to purchase from the Seller.
'Stock Items' are products that are standard items and are in stock.
'Non-Stock items' or 'Special Order Products' are products that are classified as non-standard items or those that are sourced specifically to complete the Buyers order.
'Order' and 'Contract' means the Order or Contract for the sale and purchase of the Goods between the Buyer and the Seller.
'Price' means the price for the Goods excluding where applicable, carriage, packaging, insurance and Value Added Tax.
'In writing' means a communication by postal letter, email, facsimile and any comparable means of communication.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
1. The Company may revise and update these Terms & Conditions, at any time and without prior notification.
2. Trade accounts are made available by the Company to Individual Companies and Tradespersons who meet and can satisfy the application process. The Company reserve the sole right, to establish the suitability and control the issuing of Trade applications.
3. The Companies catalogues, price list, website and other advertising material shall not form any part of any contract between the Buyer and the Company.
4. Any information or description of the goods appearing in the Sellers catalogues, brochures and other publications is believed to be correct and current, but is not warranted by the Seller, in so far as any such publication has been compiled from information supplied to the Seller, either by the manufacturer or supplier of the goods. The Seller accepts no responsibility for the accuracy of any such information or description.
5. Unless otherwise stated in writing all prices quoted are exclusive of VAT. Quotations are valid for 30 Days from date of issue.
6. Whilst we try to ensure that all prices stated are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible to give you the option of reconfirming your order at the correct price, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the Company take the action to cancel the order, for standard stock items and you have already paid for the goods, you will receive a full refund.
7. Prices are subject to alteration without prior notification and shall not be binding on the Seller.
8. Each Contract between the Seller and the Buyer will consist of the Order, the Terms and Conditions and such other specific terms as the two parties shall agree in writing.
9. The Company accepts most major Credit & Debit Card payments.
10. In the event that the express Terms of a contract are in conflict with any Conditions, the Conditions shall prevail.
11. As the number of tiles per square yard and square metre is nominal, the Buyer will be responsible for ensuring sufficient quantity of tiles is ordered.
12. Acceptance of your order and the completion of the contract between the Buyer and the Company will take place upon the despatch to the Buyer of the products ordered, unless we have notified you that we will not accept your order, or you have cancelled it.
13. Orders are accepted and promises for delivery given, conditionally upon our being able to secure the necessary material and /or goods and without responsibility for delays arising through risks and uncertainties of manufacture, strike, accidents, or other causes beyond our direct control.
14. Payment for the goods shall in itself constitute an acceptance of an agreement to these general Terms & Conditions.
15. The Company reserves the right not to supply the Buyer at the Companies sole discretion.
Description of Goods
16. All images, descriptive matter, specifications and advertising 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.
Product Quality / Warranty
17. The supply of goods does not mean that they are suitable for a specific installation. The Company can only be held responsible for any failure against products supplied, to the extent that the manufacturer of such products is prepared to guarantee the same. No tiles are guaranteed against crazing.
18. Some variations in size, shape, manufacturing tolerance, shading and pattern are inherent in the manufacture of tiles and therefore the Seller accepts no liability. All Natural Stone and Wood products are supplied subject to natural colour and shade variations.
19. Where a significant area is to be tiled, it is the responsibility of the Tiler or Tradesperson to use where possible, goods from a variety of separate boxes to ensure that any batch, colour, shading and quality variances are minimised. Once the products are installed/laid, the supplier will not be responsible for any defects/damages/batch variations on the goods.
20. Any fault, quality or shading issue with the tiles supplied will remain the responsibility of the manufacturer. The Company will accept no responsibility for further or subsequent loss or expense, if the tiles are faulty, or not to the acceptance of the Buyer. 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 will become the responsibility of the Buyer to read and accept, prior to use or fixing.
21. Any claim by the Buyer, which is based on any defect in the quality or condition of the Goods, or their failure to correspond with specification, shall (whether or not the delivery is refused, by the Buyer) be expected to notify the Seller in writing, within 2 working days, from delivery. If delivery is refused and the Buyer does not notify the Seller accordingly, the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
22. Where any valid claim in respect of any defect in the quality or condition of the Goods, or their failure to meet specification is notified to the Company, in accordance with these conditions, the Company shall be entitled to replace the Goods (or the part under query) free of charge or at the Companies sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price) however, the Company will have no further liability to the Buyer.
23. This policy does not affect your statutory rights.
24. The Company cannot, under any circumstances accept any financial demands from the Buyer for late delivery, incorrect supply of goods, or incorrect delivery. The Company respectfully recommends that the Buyer does not book a Tiler or Tradesman, until the goods have been delivered to the desired location, signed for and quality checked. The risk in relation to the goods passes to the Buyer at the point of physical delivery, at the time of delivery.
25. Time shall not be of the essence. The Company shall not be liable to the Buyer, or be deemed to be in breach of the Contract by reason of any delay in performing, or if any failure to perform, was due to any cause beyond the Companies reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded, although not exclusively, as causes beyond the Companies control; Act of God, Explosion, Flood, Tempest, Adverse Weather conditions, Fire or Accident, War or threat of War, Sabotage, Civil Unrest, Import / Export regulations and embargoes, Fuel availability, Strikes, Industrial action, Raw material availability, Power failure or disruptions and breakdowns in vehicles or machinery.
26. It is the Buyers responsibility to make sure that when delivery has been made all products are checked and delivery note is signed. We will not accept any discrepancies if delivery note is signed UNCHECKED. If you have asked someone else to receive the delivery on your behalf, they must be thoroughly informed of these conditions.
27. It is the Companies expectation that the Buyer or the Buyers representative, will be available to sign for the goods at the point of delivery. If goods are delivered without a signature the responsibility for checking the goods is that of the Buyer.
28. Before fixing, the Buyer should ensure that they are satisfied that the goods supplied, are correct to the original order. All items should be thoroughly unpacked and inspected as soon as possible. Should you have any queries or questions at this stage, relating to the supply, damage, shading or any other fault, please contact us on 01772 672696
29. The Company must be notified by email, facsimile or in writing, within a maximum of 2 working days from delivery relating to any claims by the Buyer relating to any shortage or damage to goods in transit. Failure to communicate problems may result in additional costs for re-supply being incurred and may also increase the re-delivery lead time. Please make sure that when delivery is made all products are checked and any breakages are stated clearly on the delivery note. In the event that you sign for the order that includes damaged products and do not clearly state on the delivery note of the damage, we reserve the right to refuse any replacements or refunds. Please also note that we request a written confirmation of any breakages within 48 hours of the delivery arriving with you.
- Check your delivery fully. If any damages have occurred, state in your delivery note and sign it as "damaged". If you have not signed the delivery note "damaged", then we reserve the right to refuse any replacements.
- Inform us at once that they are damaged. We may ask you to send us a written confirmation of breakages.
- Take digital photos of the damaged items, please forward these images to us as soon as possible.
30. 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.
31. 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.
32. If the Buyer cancels the order a full refund will be issued for the Goods providing that these are Stock items. There will be a restocking charge of 25% to the value of order.
33. Non Stock Items (Non Standard Products) are none refundable.
34. If the original packaging has been opened or is deemed by the Buyer to require improvement, to allow the safe return of the goods, it is the responsibility of the Buyer to complete a re-packing exercise, at their cost. The Company will not accept any costs for the re-packing of goods, in any circumstances.
35. Refunds for returns will only be processed once the goods have arrived with the Company and have been fully inspected and deemed to be in a resalable condition. The Company reserve the right to amend the amount refunded based on the value of the resalable goods.
36. Refunds will be processed as a priority, however, dependent upon circumstances, the administration may take up to 3-5 working days to complete. The maximum time period to refund any monies will not exceed 30 Days from the receipt of goods. Additionally, please note, any monies paid back to Credit / Debit cards may take a further 3-5 days to show on Customers statements. - However, it may be possible to improve on these timings by contacting your Bank / Card account company.
37. Stock Items (Standard Products) The Buyer may return complete boxes of tiles to the Company within 1 calendar month of delivery, provided the goods are in good condition and are able to be re-sold. (Adhesive, Grout and Tools are Non-Refundable). If the Buyer returns the goods in good condition a REFUND for goods less the restocking charges of 20% will be refunded. NO delivery costs will be refunded.