These terms and conditions of sale, together with our Privacy Policy tells you information about us, and the terms on which we sell any of the products listed on our website to you.

These Terms and Conditions will apply to any contract between us for the sale of products to you (Contract). Please read these terms carefully and make sure that you understand them before ordering any products from our site. You will be asked to agree to the terms before placing your order, and you will not be able to order any products from our site without having accepted the terms.

We amend the Terms from time to time therefore every time you wish to order Products, please check the Terms to ensure you understand the terms which will apply at that time.

The Terms, and any Contract between us, are only in the English language.

 

  1. Information about us

1.1 We operate the website www.thecornwalltilecompany.co.uk We are The cornwall Tile Company Ltd, A company registered in England and Wales under company number 09869942 with our registered office at Unit 3, Treloggan Trade Park, Newquay, Cornwall TR7 2SX. Our VAT Registration number is 229 8426 78 .

1.2 If you wish to contact us, you can contact us by telephoning our customer service team at 01637 879188, by emailing us at info@thecornwalltilecompany.co.uk or by post at Unit 3, Treloggan Trade Park, Newquay, Cornwall TR7 2SX.

 

  1. Our Products

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, photographical images may not accurately reproduce the exact shade of the Products, and we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. If the precise colour of the Products is important to you, we recommend that you order samples of the Products. To request samples of our products please email info@thecornwalltilecompany.co.uk or telephone 01637 879188.

2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate. Exact matches cannot be guaranteed due to natural variations in natural products and in production batches.

2.3 No Products are guaranteed against crazing or variation from samples and/or descriptions. Crazing is an inherent characteristic within the manufacture of tiles.

2.4 The pigments of coloured grouts may penetrate the surface of some Products, but this does not constitute product failure. Sufficient test Product should be purchased to ensure the desired effect can be achieved. Where the Product has been sold with a known defect, the Product will only be considered for quality issues excluding any consideration of the known defect.

2.5 You should order the correct quantity of the Products required at any one time as we cannot guarantee to repeat the same shade. Shade variation is an inherent characteristic within the manufacture of tiles. We will not be responsible for any shade variation in the Products.

2.6 We will not accept any claims whatsoever if the Products have been fixed. All Products should be checked for shade, texture and size at the time of delivery and before fixing. Fixing to a substrate means that you have accepted the tiles in their present state, so no refunds or replacements will be offered

 

  1. Use of our site

Your use of our site is governed by our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

 

  1. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy & Security Policy, as it includes important terms which apply to you.

 

  1. Consumers

If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

 

  1. Business Customers

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

6.2 These Terms and any our Privacy Policy 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.

6.3 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 or Privacy & Security Policy and Terms of Website Use.

6.4 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.

 

  1. How the contract is formed between you and us

7.1 Our website 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. Please take the time to read and check your order at each page of the order process.

7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 7.3.

7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

7.4 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 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, as soon as possible.

 

  1. Our right to vary these Terms

8.1 We amend these Terms from time to time, including to reflect any changes in relevant laws and regulatory requirements. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

8.2 If we revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

 

  1. Cancellations and returns

Your Consumer Cancellation Rights

9.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out in paragraph 9.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office. However, this cancellation right does not apply in the case of:

(a) any Products which become mixed inseparably with other items after their delivery;

(b) any Products which have been opened, for example grout or adhesive, unless faulty; or

(c) any Products that are not in their original packaging and a re-saleable condition.

9.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract End of the cancellation period

Your Contract is for a single Product, which is not delivered in instalments on separate days. The end date is the end of 28 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 3 January you may cancel at any time between 1 January and the end of the day on 31 January.

Your Contract is for either:

One Product delivered in instalments on separate days; or

Multiple Products delivered on separate days.

The end date is 28 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 3 January and the last instalment or last separate Product on 10 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 7 February.

9.3 To cancel a Contract, you just need to let us know that you have decided to cancel. You can e-mail us at info@thecornwalltilecompany.co.uk or contact our Customer Services team by telephone on 01637 879188. If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

9.4 If you cancel your Contract we will:

(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer, provided that this is a common and generally acceptable method.

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or

(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

9.5 We will refund you via the method used by you to pay.

9.6 If a Product has been delivered to you before you decide to cancel your Contract, you must arrange a return with us without undue delay and in any event not later than 28 days after the day of the delivery to you. Unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If we offer to collect the Product from you, you will be charged the direct cost to us of the collection.  To arrange a return please email info@thecornwalltilecompany.co.uk or telephone 01637 879188.

9.8 A ‘Return’ is classified as occurring after the 28 day cancellation period. We regret that we cannot accept any returns once the 28 day cancellation period has expired unless the product is faulty or not as described. Where any product is proven to be defective we shall replace the Products, or refund the price paid for the Products in question. All replacements for damaged products will be sent on our standard delivery service at our cost. Any claims for damages or shortages must be reported within three 10 days of the Products being received by you.

 

  1. Price of products and delivery charges

10.1 The prices of the Products will be as quoted on our site at the time you submit your order. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

10.2 The price of a Product 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 need to pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the checkout process, before you confirm your order.

10.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you 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. 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 Products to you at the incorrect (lower) price.

 

  1. How to pay

11.1 You can only pay for Products using the methods advertised on the site.

11.2 Payment for the Products and all applicable delivery charges is required in advance, when you order the products from our site.  Payment is required on placement of your order. Please note that we will not arrange delivery until we are in receipt of cleared funds. .

 

  12.DELIVERY AND COLLECTION

12.1 We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not of the essence of this Agreement. We often use an independent delivery company for which we are not responsible so we cannot guarantee delivery times.

12.2 The Goods will be off-loaded at the nearest accessible point to the Delivery Address at the discretion of the drivel, which may be kerb side. The driver will not handle the Goods further.

12.3 You must make us aware of any access restrictions of difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the off-load and sign for the Goods.

12.4 The cost of delivery is in addition to the Price and subject to VAT.

12.5 If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.

12.6 You may collect Goods from our storeroom by prior arrangement. If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for any damage, breakages or injuries.

 

  1. RISK AND PROPERTY

The risk of, for example, breakage, loss and damage in the Goods will pass from us to you on completion of delivery or, if you decide to collect the Goods, at the point of collection.

 

14. EXAMINATION AND ACCEPTANCE

14.1 We take care to ensure that all of our Goods leave us in perfect condition. If there is any obvious damage to the Goods, please make a note of the damage on the delivery note. If the Goods are deemed and proven to be damaged on delivery, by way of documentary evidence such as a photograph, we will bear the cost of re-delivery and replacement Goods. Please note that you will still be required to notify us under clause 10.2, 10.3 and 10.4 (as applicable).

14.2   BUSINESS SALES

You must inspect the Goods on delivery or collection (as the case may be) to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, you must notify us within 48 hours of delivery or collection (as the case may be) for correction, replacement or refund of all or part of the Price (at our option), which will be your sole remedy. If the Goods are damaged or of unsatisfactory quality, we reserve the right to request documentary evidence, such as a photograph, in support of your statement. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your only rights and remedies in relation to the Goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.

 

14.3    CONSUMER SALES

If the Goods are not of the correct type or of satisfactory quality, i.e. damaged, you should notify us as soon as possible (preferably within 48 hours) and we will either refund to you the Total Price or make available replacement Goods (at your option). If the fault with the order proves to be an error on our part, we will bear the cost of redelivery of replacement Goods and collection of original Goods. If the fault with the order proves to be an error on your part, you will be required to bear the cost of redelivery of replacement Goods and collection of original Goods.

14.4 If an incorrect amount of the Goods are delivered or collected, you should notify us as soon as possible (preferably within 48 hours) and we will arrange to deliver or make available (as appropriate) the correct quantity of the Goods. If this proves to be an error on your part, you will bear the cost of delivery of the balance of the order.

 

15 LIMITATION OF LIABILITY

15.1 to make good any shortage or non delivery; or

15.1.2 to replace or repair any damage or defective Goods. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.2 We will not be liable to you for loss of profits or loss of business, depletion of goodwill or for any indirect or consequential compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the Price.

15.3 We reserve the right to charge a restocking and collection charge for Goods returned to us which are not for reasons outlined.

15.4 We may be liable for your losses arising out of the provision by us of a shortfall in, or defective or damaged Goods to the extent that such losses are foreseeable. However, we will not be liable to you for lost working time or the cost of third party contractors where you (or your contractor) fail to install the Goods correctly or fail to use the correct base, sealants or installation techniques or if the environment in which the Goods are installed is unsuitable.

15.6 Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statue or to limit our liability to you in respect of death or personal injury resulting from our negligence or fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.

15.7 We will not be responsible for a defect:

15.7.1 That arises from wear and tear;

15.7.2 That arises from your wilful damage, negligence, faulty installation, miss-use, alteration or repair of the Goods, failure to follow British Standard or EN Standard or Industry instructions relevant to the Goods or storage of the Goods in unsuitable conditions; or

15.7.3 Unless after the discovery of the defect we are given reasonable opportunity to inspect the Goods before they are used or in any way interfered with.

 

16. FIXING PRODUCTS AND INSTALLATION

16.1 Any advice given by us or our staff relating to fixing products and installations is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter.

 

17. Manufacturer guarantees

17.1 Some of the Products we sell to you may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.