1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. General Information
2.1 We operate the website www.tonsoftiles.co.uk. We are Tons of Tiles Limited, a company registered in England and Wales under company number 07338680 and with our registered office at North Quay House, Sutton Harbour, Plymouth PL4 0RA. Our main trading address is Units 3-4 Drake Mill Business Park, Estover Road, Plymouth PL6 7PS. Our VAT number is 932 3021 66.
2.2 To contact us, please see our Contact Us page.
2.3 This page (together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we sell any Goods listed on our website (our site) to you.
2.4 These Terms will apply to any contract between us for the sale of Goods to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site. Please note that by ordering any of our Goods, you agree to be bound by these Terms and the other documents expressly referred to in it.
2.5 You should print a copy of these Terms or save them to your computer for future reference.
2.6 We may amend these Terms from time to time as set out in clause 9. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
2.7 These Terms, and any Contract between us, are only in the English language.
3. Our Goods and Your Order
3.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. Although We have made every effort to be as accurate as possible all sizes, weights, capacities, dimensions and measurements indicated on Our website or in Our catalogue or brochure have a 2% tolerance.
3.2 The packaging of the Goods may vary from that shown on images on our site.
3.3 These are the terms and conditions on which We supply Goods to you. This page, together with the documents expressly referred to on it, tells you information about us and the legal terms and conditions on which we sell any Goods.
3.4 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.
4. Use of our site
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
5. How we use your personal information
6. If you are a consumer
This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, you may only purchase Goods from our site if you are at least 18 years old.
6.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
6.3 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. If you are a business customer
This clause 7 only applies if you are a business.
7.1 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods.
7.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any document expressly referred to in them.
8. How the contract is formed between you and us
8.1 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.
8.2 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 8.3. If We are unable to supply you with the Goods, We will inform you of this in writing and We will not process the Order.
8.3 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order or We contact you that We are able to provide you with the Goods, which We will also confirm in writing to you, at which point a contract will come into existence between you and Us.
8.4 If any of these Terms conflict with any term of the Order, the Order will take priority.
8.5 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
8.6 All Goods shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Goods you have ordered is not available and we will not process your order if made.
8.7 If we are unable to supply you with the Goods, for example because the Goods are not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
9. Our right to vary these terms
9.1 We may revise these Terms from time to time in the following circumstances:
9.2 Every time you order Goods from us, the Terms in force at that time will apply to the Contract between you and us.
9.3 If We have to revise these Terms under clause 9.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 10.
9.4 You may make a change to the Order for Goods at any time before We despatch the Goods by contacting Us. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing.
9.5 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 10
10. Your cancellation and refund rights if you are a consumer
This clause 10 only applies if you are a consumer.
10.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 10.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods , you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Goods have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.
10.3 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to Tons of Tiles Limited, Units 3-4 Drake Mill Business Park, Estover, Plymouth, PL6 7PS. You may wish to keep a copy of your cancellation notification for your own records.
10.4 You will receive a full refund of the price you paid for the Goods and the cost of delivery incurred by you when we sent the Goods out to you (you will be responsible for the cost of sending goods back to us). We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 10.3. If you returned the Goods to us because they were faulty or mis-described, please see clause 10.5.
10.5 If you have returned the Goods to us under this clause 10 because they are faulty or mis-described, we will refund the price of the defective Goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.6 We refund you on the credit card or debit card used by you to pay. In the event you did not use credit or debit card to purchase your Order, we will refund you through what we deem as the most suitable method of payment.
10.7 If the Goods were delivered to you:
10.8 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
10.9 As a consumer, you will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
11.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.2 Delivery will be completed when we deliver the Goods to the address you gave us.
11.3 The Goods will be your responsibility and at your risk from the completion of delivery.
11.4 You own the Goods once we have received payment in full, including all applicable delivery charges; until such payment is made the We retain ownership of the Goods even if delivered.
11.5 We aim to charge a standard delivery fee of £29.50 inclusive of VAT; however, this delivery charge may vary depending on the availability of the Goods and your address. Delivery to the following postcodes AB, DD, DG, EH, FK, G, HS, IM, IV, JE, KA, KW, KY, LD, LL, PA, PH, ZE may incur additional delivery charges. For delivery outside the UK the delivery charges will be calculated on a “price on application” basis.
11.6 Please allow for extra time for deliveries to the following postcodes AB, DD, DG, EH, FK, G, HS, IM, IV, JE, KA, KW, KY, LD, LL, PA, PH, ZE and for other addresses outside the UK.
11.7 If you order Goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.8 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.9 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
11.10 We will contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 18 for Our responsibilities when this happens.
11.11 Whilst we use all reasonable endeavours to keep to any stated delivery or collection times and dates, we do not accept any liability whatsoever for any damage or loss (including consequential loss) resulting from delayed delivery or availability for collection. For this reason we will not accept liability for lost working time and recommend that goods are ordered well in advance of any project start dates.
11.12 If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours of 9am to 5pm on Mondays to Thursday and 9am to 3pm on a Friday.
11.13 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you collect them from Us.
11.14 For insurance reasons, delivery crews operate a curbside service, whereby the order will be delivered as close to the door as possible, but the delivery crews will NOT be able to place the delivery inside your home. If they deliver to a flat they will only be able to deliver to the ground floor.
11.15 If no one is available at your address to take delivery, We will leave the Goods in a safe place, close to your front door, or will leave you a note that the Goods have been returned to Our premises, in which case, please contact us to rearrange delivery (which shall incur an additional cost confirmed when you contact us).
11.16 Whether the Goods have been delivered or collected, you shall, immediately after receiving your Goods, examine the Goods and check that the correct quantity has been delivered, and as far as apparent, that they have no defects.
11.17 If the Goods have been delivered you shall, on request by the delivery driver, sign a receipt slip. If you are not happy with your Goods following your examination, you shall notify Us that you do not accept the Goods and let Us know why. You must do this within 24 hours of delivery. If you are unable to take delivery of the Goods then the Goods shall be deemed to be accepted by you.
11.18 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
11.19 The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from Us.
11.20 You own the Goods once We have received payment in full.
12. Price of Goods and delivery charges
12.1 Prices for our Goods may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
12.2 The price of the Goods includes VAT (where 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 Goods in full before the change in VAT takes effect.
12.3 The price of the Goods does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
12.4 Our site contains a large number of Goods. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will inform you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
13. How to pay
13.1 You can only pay for Goods using a Credit or Debit Card, Paypal, Postal Orders or Bank Transfer. We accept all major credit/debit cards.
13.2 Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
14. Manufacturer guarantees
14.1 Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.
14.2 If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15. Our warranty for the Goods
15.1 For Goods which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 6 months from delivery, the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
15.2 The warranty in clause 15.1 does not apply to any defect in the Goods arising from:
15.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any re-sale purposes.
16.2 Nothing in these Terms limit or exclude our liability for:
16.4 Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
17. Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
19. Communications between us
When we refer, in these Terms, to "in writing", this will include e-mail.
19.1 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org or by pre-paid post to Tons of Tiles Limited at Units 3-4 Drake Mill Business Park, Estover, Plymouth PL6 7PS. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 10, please see that clause 10 for how to tell us this.
19.2 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.
19.3 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20. Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased the Goods as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of the goods will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
20.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
20.8 We will not file a copy of the Contract between us.