The Small Print
Just a few things you need to know
CONDITIONS OF SALE relating to the supply of Good by SDB Tiling Ltd trading as; S&L Walls and Floors. Except as varied by the specific terms of any quotation by the Company, these conditions comprise the Terms and Conditions under which the Company is willing to supply Goods to you. Unless otherwise agreed in writing by the Company all Contracts are entered into upon the basis of these conditions to the exclusion of any terms that you may impose or incorporate or which are implied by trade, custom, practice or course of dealing.
In these conditions;
- 'Company' means SDB Tiling Ltd Registration Number 5962698 and S&L Walls and Floors (a trading name of SDB Tiling Ltd)
- 'You' means a person, firm or company whose order is accepted by the Company.
- 'Contract' means a contract for the supply of Goods between the Company and You.
- 'Goods' means the Goods that the Company has agreed to supply to you in accordance with these conditions.
- 'Order' means an order for Goods placed by you, whether by telephone or e-mail and subsequently confirmed and accepted by the Company in writing to You.
- 'Delivery' means Goods collected in person by the customer, or a person collecting/signing for Goods on the Customers behalf, or Goods delivered to the agreed delivery address by us the Company, or another company acting on our behalf. The Company 'Delivery Catchment Area' is any area with a postcode beginning with HP, MK, OX & RG.
Basis of Contract
Any order shall only be deemed to be accepted when the Company issues written acceptance to You at which point and on which date the Contract shall come into existence.
The Contract constitutes the entire agreement between You and the Company. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the contract.
Shading is an inherent characteristic of all ceramic tiles, especially hand painted. Tiles should be inspected before fixing to ensure that Shade is consistent. We recommend that tiles are selected at random from all boxes to achieve an acceptable blend. Please make sure that sufficient quantities are ordered to avoid problems with Shade at a later date. No tiles are guaranteed against Crazing. Please ensure You read the literature enclosed with the tiles.
Although every effort is made to inspect Goods, Defects, Damages & Shortages can occasionally occur. Damage, Defects & Shortages must be notified to the Company by You within 24hrs of receipt of goods and signed delivery note. No claims for refund or replacement of Defective/Damaged Goods and/or Shortages will be accepted against Deliveries signed for but 'unexamined'. It is Your responsibility to ensure the Delivery is correct at the time of handover. Any subsequently discovered Damaged or Defective material must be made available immediately for return. Invoice numbers must be quoted on all claims. Absolutely no claims will be considered after the Goods have been fixed. The responsibility lies with You to inspect Goods BEFORE fixing ANY of the Goods. As the number of tiles per square yard and square metre is nominal You will be responsible for ensuring sufficient quantity of tiles are ordered to cover the required area. The supply of goods does not mean that they are suitable for a specific installation. It is Your responsibility to ensure that products ordered are suitable for installation in the proposed environment/location.
All Sizes of Goods provided by the Company are approximate and some variations in the course of manufacture cannot be avoided.
Every effort is made to keep Prices stable, however, the Company reserves the right to alter Prices without prior notice.
If the Company supplies Goods to You on the basis of C.O.D (cash on delivery) (this is usually reserved for trade customers, firms or companies), as stated by the Company at the time you place the Order, Payment for the Goods must be made in FULL by You before release of the Goods at point of Delivery in the very latest instance. Otherwise, all Goods supplied must be paid for in FULL to create an order, secure any written quotation received from the Company and to subsequently take Delivery of the Goods.
Any standard Samples will be given to customers only if and where possible, on a discretionary basis and where deemed appropriate.
Once Special Orders are confirmed they cannot be cancelled or returned (unless inspected and confirmed as Damaged or Defective – please see above). Customers will be informed in advance if their order has a Special Order status.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information only to process your Order and to contact you about your Order.
If you need to reach us, please e-mail us at firstname.lastname@example.org, or alternatively you can call us on 07834517578 / 07843011875 or write to us at Unit12, Space BC, Smeaton Close, Aylesbury, Buckinghamshire, HP19 8FJ.
Should you have a complaint we will endeavour to respond within 7 working days.
Providing Goods are in stock, we will endeavour to Deliver within 10-15 working days of an order being placed. Our delivery charge to a home address or direct to site within our catchment area is a standard £25.00. Deliveries direct to site or to a home address outside our standard catchment area can be requested, and where available will be happily organised for a small extra charge of which you will be notified in advance. Deliveries for large orders (over 30 mtr sq), or for orders where a two man delivery service is required, can be requested and are happily arranged, where available, for a small charge of which you will be notified in advance. Deliveries are to the U.K. mainland only.
The company shall endeavour to Deliver the Goods to You by the date agreed. However Delivery times and dates are estimated/given in good faith and as such cannot be guaranteed and the Company will not be held liable for any losses incurred by reason of late or incorrect Delivery. Any delay in Delivery of Goods shall not give You the right to reject the Goods or treat the Contract as repudiated, unless the same is specifically provided by written and agreed conditions between You and the Company. Any person purporting to accept delivery of the Goods at the address specified in the order shall be deemed authorised to do so by You. No changes to the Delivery instructions shall be valid unless agreed in writing by the Company. If Goods are ordered on a weekend or a Bank Holiday, the order date is taken as the following working day for delivery purposes. If delivery would normally fall over the Company Christmas shut down period, the delivery period may be extended.
All Deliveries shall be made subject to the following conditions:
- Full site details are made available at time of order, namely full address of site/premises with postcode and contact with mobile telephone number.
- Full access to site/premises.
- Assistance on site for unloading and stacking.
- Delivery will be to the nearest convenient point at the front ground floor entrance to the site/premises (drivers are not insured to deliver inside properties or upstairs).
- A signed delivery note will be final proof of Delivery. Notification of damage or shortages must be made within 24 hours from the date of the signed delivery note.
- For larger orders (two man delivery) and/or deliveries outside the Company catchment area, please ask for availability and a subsequent quotation.
- For Customers who pay COD we will require CLEARED funds for the relevant order(s)/invoice(s) prior to site delivery or in the very latest instance, prior to any release of Goods at site delivery
RETURN OF GOODS
No Goods are supplied on a sale or Return basis (unless inspected and confirmed as Damaged or Defective – please see above). Any Returns allowed are purely discretionary and will only be honoured when previously agreed in writing. Hand painted & Special Order Goods cannot be Returned under any circumstances (unless inspected and confirmed Damaged or Defective – please see above). Goods Returned with prior written agreement will be subject to a 25% handling charge. This will be reduced to 15% if the Goods are for an exchange. Notification of Goods being returned with prior written agreement must be given to us within 7 days of receipt of the order. Returns will not be accepted on damaged packaging and products which are broken, incomplete or damaged upon return. It is the responsibility of the receiving party to check all items are present, correct and undamaged at the time of delivery. Failure to do so is at your own risk. No responsibility will be accepted for incorrect Delivery or Damaged/Faulty materials once fixed. GOODS MUST BE EXAMINED PRIOR TO FIXING. Claims cannot be considered after the Goods have been installed as installation constitutes acceptance of the Goods.
The Risk (but not the Title) in the Goods shall pass to You on Delivery, as evidenced by a signed receipt of Goods, and in accordance with these conditions. Title to the Goods will pass to You only once the Company has received payment in FULL for all sums owed by You to the Company under the Contract (or any other Contracts you have entered with the Company). Until Title to the Goods has passed to You, You shall:
- Hold the Goods as bailee for the Company
- Store the Goods separately from all other material in your possession
- Take all reasonable care of the Goods and keep them in reasonable condition
- Ensure that the Goods are clearly identifiable as belonging to the Company.
If any payment becomes overdue or You (being a Corporation) enter into liquidation, receivership or administration or (being an individual) are declared bankrupt, the Company shall have the right, without prejudice to any other remedies, to enter without prior notice, any premises where the Goods are stored and repossess them. Furthermore the Company shall be entitled to seek a court injunction to prevent You from selling, transferring or otherwise disposing of the Goods.
Cheques are accepted on the basis that they are cleared by the purchaser's bank upon first presentation and only BEFORE Delivery of Goods, and not after. Where a Cheque is returned unpaid, a £10.00 administration charge will apply on each occasion.
ERRORS AND OMISSIONS
The Company shall have no liability for Errors/Omissions in the price list. We reserve the right to change prices and/or descriptions without notice.
ACCEPTANCE OF TERMS AND CONDITIONS
You shall be deemed to have accepted these Terms and Conditions of Sale, without reservation, upon the placing of any order for the supply of Goods and service.
All prices are subject to the current rate of VAT.
Tiles manufactured with a Rectified edge can give an uneven or bowed finish when fitted. If fitting in a 'staggered' format it is advised to do so only at 1/3-tile intervals. Please note that the rate of tile variance can be up to 2% for every linear metre run.
Please do not hesitate to call or e-mail the Company should You have any questions or queries regarding any aspect of the installation of our products. The Company are happy to advise (but do not take responsibility for) the suitable fixing method over all sub-floors and screeds including a full specification for adhesives and grouts.
OPTICAL HAZING ON POLISHED PORCELAIN
'Optical Haze' is a phenomenon that can occur with Polished tiles, it is also known as 'diffused reflection'. In relatively rare occurrences it can appear as a haze or dull patch under certain lighting conditions. If at all unsure, please place a number of tiles in situ and view them in different lighting conditions prior to fixing, to check if any of the tiles are affected. Porcelain tiles with optical hazing still conform to all aspects pertaining to EN1441. Please note that claims cannot be considered after the tiles have been installed as installation constitutes acceptance of the tiles.
STORAGE OF GOODS
Any Goods invoiced and then held in storage with the Company on Your behalf are considered the Your property and the risk of the Goods passes to You.
The Company is not liable for delays in Delivery and/or non-Delivery in the event of any situation beyond the control of the Company.
If any clause in these Terms and Conditions is found to be enforceable, wherever possible this will not affect any other clause and each will remain in force and effect.
The Company's failure to exercise or enforce any rights hereunder will not be deemed to a waiver of such rights nor bar their exercise or enforcement in future.
NO THIRD PARTY RIGHTS
A person who is not a party to the Sales Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Sales Agreement including these Terms and Conditions.
Nothing in these Conditions shall be construed as creating a Partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way for any purpose.
CHANGES TO TERMS AND CONDITIONS
The Company reserves the right to change any of these Conditions at any time and at its sole discretion. Any changes will be effective immediately upon a copy of the amended conditions being delivered to You.
The Contract including these conditions is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the Courts of England and Wales.
MAKING A PURCHASE
We do not hold or sell/take payments of any kind for any Goods/stock whatsoever within the Company showroom/office premises. All quotations and subsequent sales/payments are fulfilled via e-mail. Payments are taken safely and securely using PayPal Invoicing with Your Debit or Credit Card. The Company is therefore not privy to Your payment card details. You do not require a PayPal account to make payment. All refunds where payment has been made via PayPal invoicing are subsequently also carried out using PayPal, and will be returned to the method of payment originally used, or Your PayPal account. For more information regarding PayPal or iZettle security please refer to their own specific terms and conditions which can be found on their websites.
To pay a PayPal Invoice You will need to:
- Open Your email, read the invoice and see the PayPal payment button
- Click the payment button in the email
- Log in to the secure PayPal payment page
- Review the details of your invoice
- Click Pay
In discretionary circumstances Payment can also be made by cheque via an alternate postal address provided or mobile card reader upon delivery of Goods (please refer to our Payment Terms and Conditions).
LIMITATION OF LIABILITY
The Company's liability to You under the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise whatsoever and howsoever arising shall not exceed the amount paid by You for the Goods. The Company shall not be liable to You for any injury or death of any person(s), loss of goodwill, loss of savings, loss of profit, loss of reputation, or any indirect or consequential loss arising directly or indirectly from the supply of Goods hereunder.
The Company reserves the right to refuse Cancellation of orders in the case of Goods already in transit or in the process of manufacture.
SDB Tiling Ltd (trading as S&L Walls and Floors) is dedicated to providing excellent products and services at competitive prices. If you have any suggestions or comments please do message us at email@example.com