TERMS and CONDITIONS
Welcome to Artos Marble website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
“Company” is TILES BAY LTD (Company No: 11834399 registered at 147 Cranbrook Road, Ilford, IG1 4PU); “Contract” means the contract for the purchase and sale of goods; “Buyer” is any person, firm, company or organisation to whom goods are being sold by the Company; “Goods” means a product displayed for sale on the Website or elsewhere; “Price” means the Price of Goods inclusive of VAT, but exclusive of delivery costs; “Conditions” means these terms and conditions and the Special Conditions; “Writing” includes fax transmission, electronic mail and comparable means of communication.
2.1 Buyer places order and agrees to buy, and the Company agrees to sell the Goods, subject to these Terms and Conditions.
2.2 No amendment or modification of or substitution for these Conditions (even if included in or referred to in the document placing the order) is binding unless specifically accepted by the Company in Writing. This Contract replaces and/or supersedes any prior written or oral agreements, representation or understanding between the Company and the Buyer (including Company sales staff) in respect of the Goods that are being sold.
3.1 Unless previously changed or withdrawn, the Company’s quotation shall be valid for 30 days only. The Company’s quotation is not an offer but merely an invitation to the Buyer to make an order for Goods under these Conditions.
3.2 The Company reserves the right to change the Price by giving the Buyer notice at any time before delivery to reflect any increase in the cost of the Goods to the Company (any factors beyond the Company’s control including foreign exchange fluctuations, alteration of duties and such like). If the Buyer receives a notice pursuant to change in the Price the Buyer is entitled to cancel the order without penalty by giving not less than 2 working days notice to the Company in Writing.
3.3 There can be only one voucher per order or per shopping cart purchase.
3.4 Vouchers are non-refundable and cannot be exchanged for cash. Voucher validity is contained on / with each voucher.
3.5 Vouchers cannot be used in conjunction with previously offered discounts.
3.6 Vouchers can only be used for the Goods and cannot be used for delivery costs.
3.7 The company reserves the right to discontinue a voucher at any time or to modify any vouchers’ terms and conditions.
4.1 All images, (in both print and on the internet) advertising, and specifications are for purposes of providing an approximate illustrations of the goods and their accuracy cannot be guaranteed by the Company.
4.2 The Company cannot guarantee to match shades of the samples presented or any previous orders supplied.
4.3 The Company is under no liability in respect of natural and geological variations occurring in terms of colour, markings, texture, and between consignments, which are beyond the control of the Company.
4.4 Buyers who order from the travertine range, i.e. “Honed & Filled” must accept the following natural occurrence; cavities found on the surface, not those inside are filled with cement-based compound at the factory. After installation, those cavities that are just underneath the surface may appear due to wear and tear. These internal cavities may appear in no specified time i.e. 3 months, or 3 years which may not be controlled or prevented.
5.1 Prices are subject to alteration or withdrawal without notice.
5.1(a) Prices include VAT but exclude delivery charges.
5.2 Goods will be invoiced at Prices ruling on the date of payment.
5.3 Subject to any special terms agreed in writing between the Company and the Buyer the terms of payment are as follows:
5.3(a) For all orders, Payment must be received in full or payment must reach into the bank account of the Company (cleared funds) prior to dispatch of the order.
5.4 Liability for payment for Goods shall arise at the time of the order. If payment is not received prior to delivery the Company reserves the right to charge interest on overdue amounts at the rate of 5% per annum above Barclays Bank Plc base rate from time to time until the payment is made in full.
5.5 Special orders must be paid in full and once ordered are not retractable.
5.6 Any Goods purchased ex-display or special offer tiles are sold as seen and the onus is on the Buyers to satisfy themselves as to the quality at time of purchase. No refunds/exchanges will be available on these goods.
6.1 Delivery charges shall be paid by the Buyer and will vary dependent on size, weight and distance from the Company warehouses.
6.2 Any dates quoted for delivery of the Goods are approximate only and the Company will endeavour to have the Goods delivered to the delivery address on the delivery date but the time for the delivery shall not be of the essence.
6.3 The Goods will be off-loaded at the nearest accessible point to the delivery address at the discretion of the driver, which may be kerbside.
6.4 The Buyer shall be responsible for the movement from the vehicle off-load position to its final destination (onwards handling).
6.5 If delivery is unsuccessful due to no one being at the delivery address at the time of delivery or due to the Buyer failing to inform of private inaccessibility or relevant restrictions, the driver will retain the Goods and the Company will await further instructions from the Buyer. Note the Buyer will be charged additional delivery charge in these instances (for every attempt to re-deliver).
7.1 The Company takes care to ensure all Goods leave in perfect condition. All Goods are dispatched with a plastic covering. If this plastic cover has been tempered with in any way, please do not accept the delivery of the Goods, and report to the Company immediately.
7.2(a) Goods delivered to the Buyer must be checked immediately upon delivery and any damages /shortages / incorrect items must be recorded on the delivery note of the transportation company. Delivery note marked “unchecked” or failure to record damage will be deemed as acceptance as no damage and no shortage and Company will not accept any claim thereafter.
7.2(b) Take a digital photo of the damaged items and forward to us with a written statement of damages within 72 hours as this will enable the Company to claim against the carrier.
7.3 If confirmed & accepted by the Company, shortages, damaged and incorrect deliveries notified to the Company wherever possible will be remedied within a further 14 working days subject to availability..
7.4 The Buyer shall deemed to have accepted the Goods, if they have been fitted/fixed or attempted to fit/fix to a wall or floor.
8.1 1 In the unlikely event that the Buyer is unhappy with the Goods supplied, the Buyer has the statutory right to cancel this contract within 14 days of the delivery (except for those orders which were specifically made). The Buyer must arrange and return the Goods to the Company within 14 days of the notification and the Goods price and standard delivery cost (if applicable) will be refunded on confirmation that the Goods are in the same condition as delivered. Any Goods found to be damaged on return shall be deducted from purchase price.
8.2 No returns will be accepted after 14 days unless the goods are visibly damaged or confirmed defective by an Independent Tile Expert. In exceptional circumstances, Goods may be accepted for credit and where such consent is given a minimum re-stocking fee of 20% of the Price of the Goods will be charged plus any delivery charges where applicable.
8.3 The Buyer shall pay for the cost of delivery (receiving the Goods) to the Company. At all times, the Buyer shall arrange and pay for the cost of return delivery to the Company.
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon delivery.
9.2 Notwithstanding delivery and the passing of risk in the Goods, or any provision of these Conditions, the ownership in the Goods shall not pass to the Buyer until the Company has received full payment or by way of cleared funds in full of the Price of the Goods.
10.1 No part of this Contract affects the Buyers statutory rights.
10.2 The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract due to delay caused by reasons beyond the reasonable control of the Company or due to Act of God.
10.3 The Company’s maximum liability in all cases shall be limited to the invoice value of the Goods supplied.
11.1 If any provision of these Conditions is held by any competent authority to be invalid or un-enforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
11.2 This Contract shall be governed by the laws of England and both the Company and the Buyer agree to submit to the non-exclusive jurisdiction of the English courts.