Terms and Condition
These terms and conditions apply to your use of the Ceramiktiles.com website and any purchase you make through the website, so please take time to read them. They do not affect your statutory rights. The website has been set up by Ceramiks Limited (trading as “Ceramiks”), which is the Company that will be selling to you. Ceramiks Limited is referred to in these terms and conditions as “we”, “us”, etc.
The Ceramiktiles.com website has been produced solely for our United Kingdom customers.
The contents of this site including product prices, delivery charges and product details are subject to change at any time without notice. We may also revise or update these terms and conditions at any time without notice. Use of this site and purchases of products offered for sale on this site are subject to the terms and conditions posted on the site at the time of your visit.
Description of goods
All images, descriptive matter and specifications on our website are for the sole purpose of giving an approximate description of the goods. All specifications given to you are approximate and intended as a guide only. We always endeavour to ensure all product descriptions are correct, but advise customers to seek technical advice from qualified sources prior to ordering products and any work to be carried out.
The colour of goods may vary from that shown on the website. It should also be noted that natural products will vary in terms of shading.
The contract between us
When purchasing from ourselves you are agreeing to the following terms and conditions.
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted. Our acceptance of your order brings into existence a legally binding contract between us.
1.1 The prices payable for goods that you order are clearly displayed in our website and are inclusive of VAT unless otherwise stated.
1.2 The prices do not include delivery and (subject to condition 3.6 below) you will be required to pay extra for delivery. It might not be possible for us to deliver to some locations.
1.3 Delivery charges are non refundable unless returning goods under the right for you to cancel your contract in accordance with condition 4 below or returning damaged or faulty products in accordance with condition 6 below.
1.4 Samples will be charged to you at the unit price as displayed on the website. You will also be required to pay for delivery of the samples.
1.5 We will allow the charges paid by you for samples (including the cost of the tiles and delivery) as a credit against the total purchase price you have to pay, should you proceed with an order and the value of the order exceeds £300. However, we must protect ourselves by limiting that credit to a reasonable number of samples (which we set at up to 5 tiles) sent in one despatch.
2.1 You will be charged for the number of individual goods ordered as applied to the unit price.
2.2 The per square metre price quoted by ourselves on the website is approximate and for guidance purposes only.
3. Delivery of goods to you
3.1 We will organise delivery of the goods ordered by you to the address you give us for delivery at the time you make your order.
3.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
3.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
3.4 We will organise delivery to you through third party carriers; the cost of the delivery, as invoiced to us, will be included without any mark-up in the total purchase price payable by you.
3.5 We will inform you of the cost of delivery at the time when you place your order.
3.6 We will bear the cost of standard delivery when you place an order with a value exceeding £400.
3.7 Standard delivery is available between Monday and Friday (excluding bank holidays): if you choose standard delivery, we will tell you the day intended for delivery and you will need to be available between 8 a.m. and 5 p.m.
3.8 If you wish, you can choose Saturday delivery, but the additional cost must be paid by you. For a Saturday delivery, you will need to be available between 8 a.m. and 12 noon.
3.9 The carrier personnel will not transport goods into your property. Instead, the goods (usually loaded on a pallet) will be delivered to the point nearest accessible to your property; this may be the kerbside.
3.10 You must make all arrangements necessary to take delivery of products when they are delivered in accordance with the stated delivery times. If you do not accept delivery of the products or we are unable to deliver or are delayed in delivering products because of your actions or omissions, you will be liable to pay us for any additional costs we incur.
3.11 We recommend that you do not book a tiler or other workman until the goods have been delivered and inspected.
3.12 On unpacking and inspecting the goods when they are delivered to you, you MUST check that the goods are acceptable to you before the goods are fixed or installed. In particular, as shade variation is inherent in the manufacture of tiles, there may be shade variations in the tiles delivered to you, especially when the tiles have been manufactured in different batches. Please check your tiles carefully before fixing. We will not accept responsibility for shade variation after the tiles have been fixed.
4. Right for you to cancel your contract
4.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.2 To cancel your contract you must notify us in writing. You can contact us by e-mail (firstname.lastname@example.org) or by writing to Ceramiks Limited at P O Box 425, Swansea, SA6 8YH.
4.3 We will refund the full amount previously paid by you, including any charge for delivering the goods to you. You will be responsible for the cost of returning the goods to ourselves.
4.4 If you decide to cancel the contract after you receive the goods, you must return the goods to us at your own cost and risk. The address for returning your goods to us is Ceramiks Limited, Phoenix Way, Swansea Enterprise Park, Swansea SA7 9EH.
4.5 If you decide to cancel the contract before you unpack the goods, then the goods must be returned to us in their unpacked state.
4.6 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
5. Cancellation by us
5.1 We reserve the right to cancel the contract between us if:
5.1.1 we have insufficient stock to deliver the goods you have ordered; or
5.1.2 we do not organise deliveries to your area; or
5.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2 If we do cancel your contract we will notify you by e-mail and will re-credit your account with any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. Liability – Exchanges and refunds for damaged or unsuitable goods
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we will have no liability to you unless you notify us at the contact addresses referred to in condition 4.2 above within two working days from the date you receive the ordered goods.
6.2 If you do not receive the goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address or by email of the problem within 40 days of the date on which you ordered the goods.
6.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
6.3.1 to make good any shortage or non-delivery;
6.3.2 to replace or repair any goods that are damaged or defective; or
6.3.3 to refund to you the amount paid by you for the goods in question plus delivery charges in whatever way we choose.
6.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under condition 6.3.3 above.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to Chris Williams at our contact address of Ceramiks Limited, P O Box 425, Swansea SA6 8YH or by email to email@example.com. All notices from us to you will be made via the email address you gave us in the enquiry form.
8. Events beyond our control
We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.