Terms and Conditions-Walls and Floors Limited

2.5

The Company reserves the right to reject any Order at its discretion.

2.6

If the Company is unable to supply the Customer with the Goods for any reason, it will inform the Customer of this and will not process the Order. If the Customer has already paid for the Goods, the Company will refund the Customer the full amount including any delivery costs charged as soon as possible.

2.7

The Customer may request an amendment to an Order or a delivery date provided that such request is made no less than two (2) days before the date on which the Order is due to be dispatched. If the Customer fails to provide the period of notice required by this clause 3.7, the Company may (if it chooses to accept such request) charge an additional reasonable fee.

2.8

Without prejudice to clause 7.1, any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

3.1

The Company accepts most major credit and debit card payments via the Website. These payments are credit checked and final payment authorisation given, via appointed and accredited third party credit agencies (e.g. Sage Pay, Google Pay etc.). The Company cannot take any responsibility for the non-authorisation of online payments howsoever caused or for any subsequent delay in delivery, when authorisation is queried, or additional credit checking processes are involved.

3.2

Credit checking routines require that the debit or credit card used, is registered to the Customer. Should the credit authorisation fail, the Company reserves the sole right to employ additional credit checking measures in order to confirm or qualify the authenticity of the Customer. The Company cannot accept any liability for any delay, or cost incurred by the Customer as a result of a delay in the credit authorisation process.

3.3

If a payment is declined or queried by the appointed and accredited third 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 Customer. The Company cannot accept any liability for any delay, or cost incurred by the Customer as a result of a delay in the credit authorisation process.

4.1

Only one Promotional Code can be used per Order. Multiple Promotional Codes will not be accepted at the point of transaction, or during telephone or in-person ordering.

4.2

Promotional Codes cannot be applied after the Order has been made.

4.3

Promotional Codes will not apply to Goods that are already subject to another promotion or discount.

5.1

The Company makes full size sample tiles available, therefore a restriction is in place regarding the number of sample tiles a Customer may order of one style/type/colour.

5.2

The Customer may only order one (1) sample tile of any style, colour or type, but may order as many different styles, types and colours as they choose. Where a Customer orders samples outside of this restriction, the Company reserves the right to charge for the additional samples ordered.

5.3

Where sheets of mosaic tiles are requested, these will be supplied in sheets ¼ size.

5.4

The Company despatches samples and small order consignments through appointed carriers, who may be able to advise the Company about delivery information directly by SMS text messaging. When placing an order for samples, the Company must provide, wherever possible, a mobile telephone number, as this will improve the level of service the delivery partners are able to provide.

6.1

The Customer acknowledges that the Goods are not manufactured by the Company. The Company uses reasonable endeavours to ensure that the information or description of the Goods appearing in the Company’s catalogues, Website, brochures and other publications is correct and current, but this is not warranted by the Company, in so far as any such publication has been compiled from information supplied to the Company, either by the manufacturer or supplier of the Goods. The Company accepts no responsibility for the completeness or accuracy of any such information or description.

6.2

Where the Goods being purchased are tiles, the Customer will be responsible for ensuring sufficient quantity of tiles are ordered. The Company shall not accept any responsibility for losses, damages or additional costs incurred by the Customer where an insufficient quantity of Goods is ordered.

7.1

The Price of the Goods shall be the price set out in the Website as at the date the Order is made or (subject to clause 8.4) as included in the quotation provided by the Company to the Customer, or as per such other pricing agreed between the Company and the Customer in writing from time to time. Otherwise, the Company’s catalogues, price list, Website and other advertising material shall not form any part of any Contract between the Customer and the Company.

7.2

Unless otherwise stated in writing all prices quoted are exclusive of VAT and any other sales tax, which the Customer shall additionally be liable to pay to the Company at the prevailing rate, as applicable.

7.3

Whilst the Company uses reasonable endeavours to ensure that all prices on the Website are accurate, the Customer acknowledges that errors may occur. If the Company discovers an error in the price of Goods ordered by the Customer, it will inform the Customer as soon as possible to give the Customer the option of reconfirming the Order at the correct price or cancelling it. If the Company is unable to contact the Customer, it will treat the order as cancelled. If the Company takes the action to cancel an order in accordance with this clause 8.3, for Standard Stock Goods, the Company will grant the Customer a full refund of any pre-paid Goods in the cancelled Order.

7.4

Prices are subject to alteration without prior notification and shall not be binding on the Company (other than in relation to Orders that have already been accepted), with the exception that written quotations provided by the Company to the Customer are valid for seven (7) days from the date of issue.

8.1

The Company will invoice the Customer when the Goods have been despatched by the Company.

8.2

The Customer shall pay the Price associated with an Order in accordance with clause 9.4, unless a Credit Account is granted to the Customer by the Company in accordance with clause 9.3, in which case the Customer shall pay in accordance with clause 9.5. In either case, clauses 9.6 to 9.8 shall apply.

8.3

The Customer may submit a request to the Company for a Credit Account, which shall be accompanied by such information and documentation as the Company may require (including but not necessarily limited to two supplier references). The Company may accept or reject a request for a Credit Account, and set the financial limits of such Credit Account, at its sole discretion. The Company reserves the right to cancel a Credit Account, or vary its terms (including financial limits), at any time at its sole discretion. If a Credit Account is rejected or cancelled by the Company, the Customer shall be required to make payment in accordance with clause 9.4 (provided that any Orders that have been dispatched before the Credit Account is cancelled shall remain on the Credit Account payment terms applicable immediately prior to cancellation).

8.4

Standard payment terms: Notwithstanding clause 9.1, the Customer shall pay the Price associated with an Order at the point at which the Order is made. The Company may, but shall not be required, to issue a pro forma invoice at the point the Order is made. An Order will not be dispatched by the Company until payment is received to the reasonable satisfaction of the Company in accordance with this clause 9.4.

8.5

Credit Account payment terms:

8.6

Time for payment shall be of the essence of the Contract and each Order.

8.7

If the Customer fails to make a payment due to the Company under the Contract by the due date, then, without limiting the Company’s other remedies set out in the Contract:

8.8

All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law.

8.9

Receipts in relation to any payment will only be issued by the Company on the reasonable request from the Customer.

9.1

Some of the Goods that the Company sells to the Customer may come with a manufacturer's guarantee. For details of the terms and conditions, the Customer should refer to the manufacturer’s guarantee provided with the Goods, if applicable.

10.1

The Company does not warrant that the Goods comply with the laws, regulations or standards outside the UK.

10.2

The Company provides a warranty that, on delivery, the Goods shall (subject to clauses 7.2, and 11.8):

10.3

Some variations in size, shape, manufacturing tolerance, shading and pattern are inherent in the manufacture of tiles and therefore the Company provides no warranty and, to the extent permitted by law, accepts no liability in respect of such variation. All natural stone Goods are supplied subject to natural colour and shade variations.

10.4

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.

10.5

Disclaimers or notes printed on boxes or packaging will become the responsibility of the Customer to read and accept, prior to use or fixing.

10.6

The Company offers a wide range of special protection, cleaning and maintenance products manufactured by a variety of different suppliers. Every care should be taken when using these products to ensure that they are appropriate for the product and location involved. Customers are requested to refer to the manufacturer's website and to fully read and adhere to the manufacturer's usage and application guideline instructions before use. Additionally, it is recommended that Customers should apply a small sample to a test area to ensure suitability, before proceeding with the main project.

10.7

Subject to clause 11.8, if:

the Company will, at its option, repair or replace (or procure the repair or replacement of) the defective Goods, or refund the price of the defective Goods in full.

10.8

The Company will not be liable for breach of the warranty set out in clause 11.2 if:

10.9

The Company will only be liable to the Customer for the Goods' failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.

10.10

Except as expressly stated in these Conditions, the Company does not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, the Company will not be responsible for ensuring that the Goods are suitable for the Customer’s purposes.

10.11

These Conditions also apply to any repaired or replacement Goods supplied by the Company to the Customer.

11.1

Where the Order provides that the Goods will be delivered, the Company shall deliver the Goods to the location set out in the Order or such other location as the parties may agree at any time after the Company notifies the Customer that the Goods are ready. If this clause applies, delivery is completed on the completion of unloading the Goods at the location agreed in accordance with this clause.

11.2

Where the Order provides that the Goods will be collected, the Customer shall collect or shall procure the collection of the Goods from the Company’s premises or such other location as may be advised by the Company prior to delivery within three (3) Business Days of the Company notifying the Customer that the Goods are ready. If this clause applies, delivery is completed on the completion of loading the Goods at the location notified or agreed in accordance with this clause.

11.3

Any dates quoted for delivery are approximate only, and time of delivery shall not be of the essence. The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in delivering, or if any failure to deliver, was due to Force Majeure Event or the Customer's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

11.4

If the Company fails to deliver or procure delivery of the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

11.5

If the Customer fails to take or accept delivery of the Goods within three (3) Business Days of the Company notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Company's failure to comply with its obligations under the Contract in respect of the Goods:

11.6

If ten (10) Business Days after the day on which the Company notified the Customer that the Goods were ready for delivery or collection the Customer has not taken or accepted actual delivery of them, the Company may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, charge the Customer for any shortfall below the price of the Goods.

11.7

The Company may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

11.8

The Company offers a wide range of standard and special delivery services in conjunction with our own transport and third-party contractors. Due to health & safety and insurance reasons the Company is only able to offer a Kerbside Delivery Service*, and cannot commit that drivers will enter the Customer’s premises. Please note that our general delivery service and those of the Company’s delivery partners may involve deliveries being completed between the hours of 7am to 6pm

*Kerbside Delivery Service : Whilst every effort will be made to deliver the Goods 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.

11.9

The Company reserves the right to utilise a variety of transportation services to deliver the goods. The Company will use reasonable endeavours to deliver the Goods 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, notified to the Company by the Customer, in advance, or to the nearest available location adjacent to the point of delivery.

11.10

The vehicle making the delivery is likely in most cases, to be the comparative size of a fire engine, or slightly larger. It is the Customer’s responsibility to notify the Company of any circumstances that may affect the delivery of Goods using a vehicle of this size, or of any other circumstances which may prevent or restrict delivery. This may include 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. The Company shall not be liable for any failure to deliver an Order as a result of a failure by the Customer to communicate any relevant information to the Company prior to delivery, and the Company shall be entitled to charge the Customer for any additional costs for the re-supply of the Order.

11.11

If, due to prior notification from the Customer, a smaller vehicle or specialist vehicle is required to complete the delivery, the Company reserves the right to charge the Customer for the additional costs involved.

11.12

The Customer or the Customer’s representative must 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 Customer

11.13

Before fixing Goods, the Customer 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 the Customer have any queries or questions at this stage, relating to the supply, damage, shading or any other fault, the Customer should contact our Customer Service Team on 01536 410484.

11.14

The Customer must notify the Company in writing, within a maximum of two (2) Business Days from delivery, of any claims by the Customer 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 the Company may request the Customer to supply images of the damage along with a completed claims form.

12.1

The risk in the Goods shall pass to the Customer on completion of delivery in accordance with clause 12.1 or 12.2 (as applicable).

12.2

Title to the Goods shall not pass to the Customer until the earlier of:

12.3

Until title to the Goods has passed to the Customer, the Customer shall:

12.4

Subject to clause 13.3, unless otherwise made known by the Company, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Company receives payment for the Goods. However, if the Customer resells the Goods before that time:

12.5

At any time before title to the Goods passes to the Customer, the Company may:

13.1

Subject to clause 14.2, the Customer may return complete boxes of Goods to the Company within one (1) calendar month of delivery, provided the Goods are in good condition and are able to be re-sold. If the Customer returns the Goods a 30% handling fee and an additional collection charge will be applied. The Company will not collect any surplus or unwanted goods, and the Customer will be responsible for arranging the return of Goods to:

13.2

Non-Stock Goods, samples, clearance and special purchase items are non-returnable cannot be returned for credit or a refund.

14.1

Nothing in these Conditions limits or excludes the Company’s liability for:

14.2

Subject to clause 15.1, the Company will under no circumstances be liable to the Customer for:

14.3

Subject to clause 15.1, the Company’s total liability to the Customer for all losses arising under or in connection with a Contract will in no circumstances exceed the price of the Goods and any delivery fees paid or payable by the Customer to the Company under the Contract.

15.1

Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from a Force Majeure Event. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for two (2) months, the party not affected may terminate the Contract by giving no less than thirty (30) days' written notice to the affected party.

16.1

Without limiting any of the Company’s other rights, the Company may suspend the supply or delivery of the Goods to the Customer, or terminate the Contract with immediate effect by giving written notice to the Customer if:

16.2

Termination of the Contract shall not affect either party’s rights and remedies that have accrued as at termination.

16.3

Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

17.1

Assignment and transfer. The Company may assign or transfer its rights and obligations under the Contract to another entity. The Customer may only assign or transfer its rights or the Customer’s obligations under the Contract to another person if the Company agrees in writing.

17.2

Variation.Without prejudice to clause 2.2, any variation of a Contract only has effect if it is in writing and signed by the Company and the Customer (or their respective authorised representatives).

17.3

Notices.Any notice given to a party under or in connection with a Contract a shall be sent to that party’s registered office (delivered by hand, first class post or other next working day delivery services) or via email (to the principle point of contact for that party). Notice will be deemed to be received at 9am on the Business Day after sending. This clause does not apply to the service of proceedings or documents in any legal action or any other method of dispute resolution.

17.4

Waiver.If the Company does not insist that the Customer performs any of its obligations under the Contract, or if the Company does not exercise its rights or remedies against the Customer, or if the Company delays in doing so, that will not mean that the Company has waived its rights or remedies against the Customer or that the Customer do not have to comply with those obligations. If the Company does waive any rights or remedies, it will only do so in writing, and that will not mean that the Company will automatically waive any right or remedy related to any later default by the Customer.

17.5

Severance. Each clause of these Conditions operate separately. If any court or relevant authority decides that any of them is unlawful or unenforceable within the context of a Contract between the Company and the Customer, the remaining clauses will remain in full force and effect for the purposes of that Contract.

17.6

Third party rights.s. The Contract is between the Company and the Customer. No other person has any rights to enforce any of its terms.

17.7

Governing law and jurisdiction.The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

Data Protection

We comply with the Data Protection Act 2018 ("the Act") in all our dealings with your personal data. If you make an enquiry by email on 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.

Privacy Policy

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 Walls and Floors may be used in our Customer Projects section, or in other promotional areas such as Social Media.

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Company Information

This web site is operated by the Company, namely, Walls and Floors Ltd. Our registered office is Garrard Way, Kettering, Northamptonshire, NN16 8TD. Registered in England and Wales No. 4652706. Our VAT registration number is 486 2311 43.

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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