About these Terms and Conditions
Please read these Terms and Conditions carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to order any Products from our site.
You should print a copy of these Terms and Conditions or save them to your computer for future reference.
We amend these Terms and Conditions from time to time. Every time you order Products, please check these Terms and Conditions again to ensure you understand which will apply at that time, because the Terms and Conditions in force at the time of your order will apply to the Contract between you and us.
‘The Company’ and ‘Seller’ means Floral Tiles.
‘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’ and ‘Products’ means the Tiles and other products which the Buyer agrees to purchase from the Seller.
‘Stock Items’ are products that are classified on our Web site as standard items and are in stock.
‘Non-Stock Items’ or ‘Special Products’ are products that are classified on our Web site as non-standard items or those that are Out of Stock.
‘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 and insurance.
‘In writing’ means a communication by postal letter, email, and any comparable means of communication.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
1) How the Contract is Formed Between You and Us
a) These Terms and Conditions and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
b) You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
c) You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
d) Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
e) We will send you confirmation of your order by email but this will not constitute acceptance of your order. The Contract between us will only be formed when the manufacturing of your products commences.
f) If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail or phone and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
a) The Company have produced the website to service our Mainland United Kingdom Customers. If you are located overseas, please contact us at firstname.lastname@example.org for further information.
b) The Company may revise and update these Terms & Conditions, at any time and without prior notification.
c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
a) The Company’s catalogues, price list, website and other advertising material shall not form any part of any contract between the Buyer and the Company.
b) 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.
c) Whilst we try to ensure that all prices on our website are accurate, our site contains a large number of products and 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. We will not process your order until we have your instructions. If we are unable to contact you we will treat the order as cancelled and notify you in writing.
d) We will normally check prices as part of our dispatch procedures so that:
i) If a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
ii) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order.
e) If the Company takes the action to cancel the order for standard stock items and you have already paid for the goods, you will receive a full refund.
f) Prices are subject to alteration without prior notification and shall not be binding on the Seller.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed. If a price increase or decrease has come into effect between placing the order and collecting it or taking delivery of it, the original price you paid must still be honoured.
g) The price of a Product includes VAT (if applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
h) The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
a) 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.
b) The Company accepts most major Credit & Debit Card payments via our on-line website. These payments are Credit checked and final payment authorisation given, via appointed and accredited 3rd Party Credit Agencies (e.g. Sage Pay, World Pay etc.). The Company cannot take any responsibility for the non-authorisation of on-line payments howsoever caused or for any subsequent delay in delivery, when authorisation is queried or additional Credit checking processes are involved.
c) Credit Checking routines require that the Debit or Credit Card used, is registered to the appropriate person (Buyer). Should the credit authorisation fail, the Company reserve the sole right to employ additional Credit checking measures in order to confirm or qualify the authenticity of the Buyer. The Company cannot accept any liability for any delay, or cost incurred by the Buyer as a result of a delay in the Credit authorisation process.
d) If Payments are declined or queried by the appointed and accredited 3rd Party Credit checking agency, the Company reserve the sole right to employ additional Credit checking measures in order to confirm or qualify the authenticity of the Buyer. The Company cannot accept any liability for any delay, or cost incurred by the Buyer as a result of a delay in the Credit authorisation process.
e) In the event that the express Terms of a contract are in conflict with any Conditions, the Conditions shall prevail.
f) The Buyer will be responsible for ensuring sufficient quantity of tiles are ordered.
g) 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.
h) 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.
i) Payment for the goods shall in itself constitute an acceptance of and agreement to these general Terms & Conditions.
j) The Company reserves the right not to supply the Buyer at the Company’s sole discretion.
5) Product Quality / Warranty
a) 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. All tiles are susceptible to impact damage and this is unrelated to the wearing grade. Tiles can wear and must be protected against grit, movement of appliances and items being dropped on the surface. No tiles are guaranteed against chipping or misuse.
b) 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 goods are supplied subject to natural colour and shade variations. Tile names, images and sizes displayed are nominal and only represent a guide to the actual style, colour and size of a tile. Variations in texture, shade and size can occur from that which is advertised. Individual monitor and screen settings can also exaggerate the appearance of a colour. The Company recommends that a sample is purchased prior to the main order. It is the responsibility of the buyer to ensure that tiles are of an acceptable shade and size, and satisfactory for their situation.
c) 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.
d) Any fault, quality or shading issue with the base 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.
e) 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.
f) Each tile should be carefully examined individually before fixing. Fixing of the tiles constitutes acceptance of their quality. Floral Tiles accepts no liability for faulty installation work, or the quality or correctness of the tiles once fixed. As far as the law permits, liability is limited to replacement of faulty items or a refund of their cost and excludes any consequential loss, including the cost of removal and re-fixing.
a) 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.
b) 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, Traffic delays/Road works, 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.
c) The Company offer a wide range of standard and special delivery services in conjunction with our own transport and third party contractors. Due to Health & Safety / Insurance reasons we are only able to offer a Kerbside Delivery Service* – we cannot commit that Drivers will enter a Customers property. Whilst every effort will be made to deliver goods in line with the desired, requested or committed service, the Company do not accept responsibility for any delay, cost, or consequential loss, how so ever caused for a failed or late delivery. *Kerbside Delivery Service : Whilst every effort will be made to deliver your product to the nearest available delivery point, hazards or obstructions e.g. steps, lifts, uneven or gravel paths / driveways may necessitate the delivery being made to an alternative location nearest to the delivery vehicle.
d) The Company reserve the right to utilise a variety of transportation services to deliver the goods. Every effort will be made to deliver to the desired and requested point of delivery. However, in circumstances where it is not practical or possible to complete the delivery in this manner, the delivery will be made to an alternative location, appointed and notified to the Company by the Customer, in advance, or to the nearest available location adjacent to the point of delivery.
e) For the purpose of general appreciation / association, the vehicle making the delivery is likely in most cases, to be up to the comparative size of a Fire Engine, or slightly larger. It is the Buyers responsibility to notify the Company of any circumstances that may affect the delivery of goods using a vehicle of this size. i.e. Parking restrictions, “Red Routes”, Vehicular access due to height or width, Narrow roads, Road works, Gravel or uneven driveways, Building sites, High rise apartments (with or without lifts) etc. Failure to communicate relevant information to the Company prior to delivery may result in additional costs for the re-supply being incurred by the Buyer and may also increase the re-delivery lead time.
f) If, due to prior notification from the Buyer, that a smaller vehicle or specialist vehicle is required to complete the delivery, the Company reserve the right to charge the Buyer for the additional costs involved.
g) 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. If, for whatever reason, the delivery cannot be made due to the Buyer or the Buyers representative not being present or available on the agreed delivery date, the Company reserves the right to pass any re-delivery costs incurred to the Buyer, before a further delivery can be attempted. Please Note: Due to Insurance and Health & Safety regulations, neither Floral Tiles staff, nor the representatives of our Delivery Companies are able to take any goods into a Customer’s property.
h) 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 at email@example.com. If for any reason the Company deliver a part order with a balance to follow, we strongly recommend that no tiles are fixed until the order is complete. The Company has no control over manufacturers’ delivery times, shades, nominal sizing or the discontinuance of stocked lines.
i) The Company must be notified by email 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. Upon any damages being reported we may request the Buyer to supply images of the damage along with a completed claims form. The Company is unable to alter existing invoices, including changes to (although not exclusively) values, items and billing/delivery addresses.
j) Please note that any delivery to postcodes not on the UK mainland, including those starting DUBLIN, GY, HS, IM, IV41, IV42, IV44, IV45, IV46, IV47, IV48, IV49, IV55, IV56, JE, KA27, KW, PA, PH9, PH15, PH16, PH17, PH18, PH19, PH20, PH32, PH33, PH34, PH35, PH36, PH37, PH38, PH39, PH40, PH41, PH42, PH43, PH44, PH49, PH50, TR21, TR25, ZE will incur a higher delivery cost which is based on your exact location and the Products contained within the order. Please email firstname.lastname@example.org before placing your order for a delivery price quote.
k) Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
l) Delivery costs are based on the total weight of the tiles in the order. Tiles measuring 100x100mm weigh 110g each. Tiles measuring 150x150mm weigh 250g each. Border tiles, measuring 100x200mm weigh 220g each. For orders with a total tile weight of 950g or less, the cost will be £2.95 and they will be sent via Royal Mail 48-hour service. For orders with a total tile weight of more than 950g and up to and including 4.8kg, the cost will be £7.95 and they will be sent via a 48-hour courier. For orders with a total tile weight of more than 4.8kg and up to and including 19.0kg, the cost will be £9.95 and they will be sent via a 48-hour courier. For orders with a total tile weight of more than 19.0kg, please contact us at email@example.com to request a delivery quote before placing your order. Please note that delivery times are in addition to the time taken to make your tiles (which is approximately 5 -7 working days).
a) If the Buyer cancels the order after despatch, but before physical delivery, the Buyer will be expected to accept delivery of the goods and take responsibility for the return of the goods to the Company. A full refund will be issued for the Goods and the original Delivery charge once the goods have been received and inspected by the Company, as being in a resalable condition. The Company will not accept under any circumstances the cost for return delivery, or re-packaging of the goods.
b) The Buyer can within 14 (fourteen) working days of receipt, cancel their order. If the order is delivered in multiple parts, this is 14 (fourteen) days starting from the date on which The Buyer received the final part of the order. Cancellations should be made by email to firstname.lastname@example.org or in writing to Floral Tiles, 7 Northfield Lane, Riccall, York, YO19 6QF. Your cancellation is effective from the date you send us the e-mail or post the letter. The Customer does not need to give a reason, however, a brief outlined explanation will help us to improve our Customer Service in the future. If the Customer decides to cancel the order, a FULL refund for the GOODS and original DELIVERY charge will be issued. If the order is cancelled, the goods must be returned to the Company. The cost for returning the goods is the responsibility of the Buyer. However, if the Customer returns the goods themselves to the Company, the Company, will not reimburse the cost of returning the goods.
c) The Buyer must send back the goods within 14 (fourteen) days of informing us of the decision to cancel.
d) The goods must arrive in a resalable condition, therefore the Buyer, before returning the goods must ensure that the packaging is suitable for the safe return of the product. The cost for any additional packaging will be the responsibility of the Buyer.
e) The Buyer should return goods using conventional haulage and should not use Express or Special Transportation services, unless specifically agreed with the Company, in writing, prior to the goods being returned.
f) 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.
g) Refunds for cancellations 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.
h) Refunds will be processed as a priority, however, dependent upon circumstances, the administration may take up to 5 working days to complete. The maximum time period to refund any monies will not exceed 60 days from the receipt of goods. Additionally, please note, any monies paid back to Credit / Debit cards may take a further 3 to 5 days to show on Customers statements. – However, it may be possible to improve on these timings by contacting your Bank / Card account company.
i) We will also permit you to cancel a Contract at any time prior to despatch from Floral Tiles. Should you wish to cancel in accordance with this clause, please email us at email@example.com. This right in addition to your statutory right to cancel.
i) After 14 (fourteen) working days from delivery, if the Buyer wishes to cancel the order, this action will be considered to be a ‘Return’ and be covered by our Returns Policy – see below.
8) Returns & Exchanges
a) Damages / Incorrect Delivery – If you receive damaged or incorrect tiles you will need to inform us within 2 (two) working days of delivery. Please contact us at firstname.lastname@example.org. We will either refund you or send replacements as quickly as possible. We may ask you to send us photos of any damaged goods in order to help us to replace them appropriately. In the event that the tiles are faulty or not as described, you will not be responsible for the cost of returning the products to us. In these cases, Delivery of replacement Products will be on standard delivery at our cost.
b) Change of Choice – The customer will have the right to return goods if they are not happy with their selection. The goods must be returned in the original packaging to our main distribution warehouse: Floral Tiles, 7 Northfield Lane, Riccall, York, YO19 6QF and the customer will be responsible for arranging transport and insurance of goods. The customer must return the goods within 60 (sixty) days of purchasing them. Refunds will be processed within 5 working days following our receipt of the return, original delivery costs will not be refunded. Please ensure your unwanted tiles are returned in the following condition: 1) Unused 2) Uninstalled – they have not been previously installed or fixed 3) In good condition – all tiles are suitable for resale 4) In their original packaging.
The customer will be responsible for arranging the return of the goods (non-refundable) to: Floral Tiles, 7 Northfield Lane, Riccall, York, YO19 6QF,and the customer will be responsible for arranging transport and insurance of goods. This must be done within 60 days of placing the order. We do not accept exchanges on clearance items. Exchanges will be processed within 7 working days following our receipt of the return, original delivery costs will not be refunded.
c) Please be aware clearance and job lot items are one-off end of the line or discontinued products – we do not offer a Returns or Exchange policy on these items.
d) Floral Tiles reserve the right not to refund if the Products are deemed as not being in a resalable condition or if the Products are returned after the 60 day period.
9) Checks Prior To Fixing
a) IT IS THE RESPONSIBILITY OF THE CUSTOMER AND THEIR TILE FIXER TO ENSURE THAT THE GOODS ORDERED ARE OF SATISFACTORY QUALITY AND SUITABLE FOR THE PURPOSE REQUIRED. INCLUDING COLOUR, SHADE, AND GAUGE. NO CLAIMS CAN BE ACCEPTED ONCE THE MATERIALS ARE USED. GOODS ARE SUPPLIED ON THE STRICT UNDERSTANDING THAT BRITISH STANDARDS RELATING TO TILE FIXING ARE FOLLOWED.
10) Complaints and Disputes
a) If you wish to make a complaint, you can contact us by e-mailing us at email@example.com.
b) The European Union Online Dispute Resolution platform (the ODR Platform) is available for use by consumers and traders. The website is dedicated to helping consumers and traders resolve any disputes. Here is a link to the ODR Platform and the national contact point for the UK: firstname.lastname@example.org
c) Advice is also available from your local Citizens’ Advice Bureau or Trading Standards office.
11) Our Liability if You Are a Consumer
a) If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
b) We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12) Data Protection
a) We adhere to the Data Protection Act 1998 (“the Act”) and comply with the Act in all our dealings with your personal data. If you make an enquiry by email (or phone) via our website or request information about our products and other services, you will need to give to us personal information such as your name, email address, business or home address and telephone number. We will use this information to answer your enquiry or to send you the requested information or literature required.
b) Customers should be aware that calls to any of our telephone numbers may be recorded. This electronic data is stored securely and will only be accessed for specific purposes and/or in special circumstances. Examples of likely reasons for access, (although not exhaustive) are:
The identification of fact, for quality and training purposes, to prevent or detect crime, to assess compliance with regulatory practices (e.g. F.C.A. controls), or procedures applicable to the business to investigate, or detect unauthorised use of the communications system.
c) When taking payment from Customers who use Credit / Debit Cards – no information relative to the payment card information will be retained. The Company have secure procedures in place, which are closely monitored to ensure that no sensitive information is recorded or accessed.
a) When you use the web site, you may provide us with personal information about yourself. We use such information to confirm any order details, fulfil your orders, deal with your queries, and send you information about our products and services and for the purpose of record keeping. We will not release, offer or sell any personal information you provide to other third parties without first seeking your permission. Your details may sometimes be shared with our contractors or agents, in order to provide you with the products and services that you have requested. Images submitted to Floral Tiles may be used in our Customer Projects section, or in other promotional areas such as Social Media.
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15) Company Information
a) FloralTiles.co.uk is operated by Floral Tiles. Our registered office is 7 Northfield Lane, Riccall, York, YO19 6QF. .
16) Using Floral Tiles.co.uk
a) Any material downloaded or otherwise obtained through the use of this web site is done at your own discretion and risk and you will be solely responsible for any damage to your own computer system, or loss of data that results from the download of any such material.
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© Floral Tiles 2018