Terms & Conditions Let's go! Terms Your use of and purchase of products from this site is governed by our terms and conditions set out below. We may at any time make changes to this site and the details displayed on it (including prices). 1. INTERPRETATION 1.1 In these conditions: – “the Company” means TMK Tiles Limited of Station Road, St Ives, Cambridgeshire, United Kingdom PE27 5BH. “Goods” means the goods, which the Company is to supply in accordance with these Conditions. “The Customer” means the person who accepts the quotation of the Company for the sale of the goods or whose order for the goods is accepted by the Company. “Conditions” means the standard Terms and Conditions of Sales set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Company. In the event of any conflict between these Conditions and any such special terms and conditions, the special terms and conditions shall prevail. “Contract” means the contract for the purchase and supply of the Goods. “Writing” includes any e-mail, facsimile transmission and comparable means of communication. 1.2 Any reference in these Conditions to any provision or statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time. 1.3 The headings in these Conditions are for convenience only and shall not affect any interpretation. 2. THE SUPPLY 2.1 The Company shall supply and the Customer shall purchase the Goods in accordance with any written order of the Customer which is accepted by the Company subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Customer. 2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Company. 2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by the Company shall be subject to correction without any liability on the part of the Company. 2.4 The goods are not supplied on a “sale or return” basis. The minimum quantity for return is one full box, which must be returned within 30 days of the invoice date. A 20% restocking charge will be applied to all items. 2.5 Goods especially ordered by the Customer, which do not form a part of the Company’s usual range of Goods may not be returned. 2.6 A post and packaging charge will be charged to the customer for samples that are sent by post. 3. THE ORDER AND SPECIFICATIONS 3.1 All orders submitted by the Customer & accepted by the Company shall be submitted & accepted subject to these conditions. 3.2 The customer shall be responsible to the company for ensuring the accuracy of the terms of the order (including any applicable specifications submitted by the Customer) and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the contract in accordance with its terms. 3.3 In the case of Goods especially ordered by the Customer, which do not form a part of the Company’s usual range of Goods, no order, which has been accepted by the Company may be cancelled by the Customer. A delivery period of 4 – 6 weeks should be allowed for special order items and a minimum order quantity may apply. 4. PRICE 4.1 The prices for goods displayed for sale on this site are as set out on the site, and are inclusive of VAT. 4.2 Delivery shall be charged in addition to the price for goods, and any such charges are clearly displayed where they apply. Prices and delivery where displayed are valid and effective only on mainland United Kingdom and are added to the price of goods at the end of the ordering process. 5. TERMS OF PAYMENT 5.1 TMK Tiles Limited cannot accept your order until you have paid in full (including applicable delivery charges). Upon payment, we will confirm acceptance of your order by e-mail, which will be sent to the e-mail address provided on your order details. Whether or not you receive the e-mail confirmation, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion. 6. DELIVERY 6.1 Delivery of the goods shall be made by the Company or third party haulier delivering the goods to the Customer’s premises or by the buyer collecting the Goods from our warehouse, during normal working hours, after the Company has notified the Customer that the Goods are ready for collection. 6.2 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in the delivery of Goods however caused. 6.3 All discrepancies, shortages, damages must be notified to our sales office, in writing, within 3 days of the delivery/invoice date. 7. RISK AND PROPERTY 7.1 Risk or damage to or loss of the Goods shall pass to the Customer. 7.1.1 In the case of the Goods to be delivered at the Company’s premises at the time when the Company notifies the Customer that the Goods are ready for collection or: 7.1.2 In the case of the Goods to be delivered otherwise than at the Company’s premises at the time of the delivery or if the Customer wrongly fails to take delivery of the Goods at the time when the Company has tended delivery of the Goods. Until such time as property in the Goods passes to the Customer the Customer shall hold the Goods as the Company’s fiduciary agents and bailee and shall and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the company’s property. 8. WARRANTIES AND LIABILITY 8.1 Subject as expressly provided in these Conditions all warranties, conditions or other terms applied by statute or common law are excluded to the fullest extent permitted by law. 8.2 The Company warrants that the Goods will be of merchantable quality and will correspond to any relevant specification or sample thereof. However, the Customer accepts that variations in shading between batches of the goods may occur and the Company is not liable in respect thereof. 8.3 Any claim by the Customer that is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification (except in the case of damage to unboxed Goods) shall (whether or not delivery is refused by the Customer) be notified to the company within three days of delivery (and in any event before the use of the Goods by the Customer). Unboxed goods must be inspected by the Customer on delivery, and any such claims notified to the Company immediately. If the Customer does not notify the Company accordingly the Customer shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered within the Contract. 8.3.1 FOR THE AVOIDANCE OF DOUBT THE COMPANY CAN ENTERTAIN NO CLAIMS IN RESPECT OF GOODS THAT HAVE BEEN USED. ALL CLAIMS MUST BE NOTIFIED TO THE COMPANY BEFORE USE. 8.4 Where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge, or at the Company’s discretion refund to the Customer the price of the Goods (or a proportionate part thereof) and the Company shall have no further liability to the Customer. 8.5 (Except in respect of death or personal injury caused by the Company’s negligence), the Company shall not be liable to the Customer by reason of any representation or implied warranty, condition or other terms or any duty at common law or under the express terms of the Contract for any consequential loss or damage whether for loss of profit or otherwise costs, expenses or other claims for consequential compensation whatsoever which arise out of or in connection with the supply of the Goods and their use or resale by the Customer except as expressly provided in these Conditions. 8.6 The Company shall not be liable to the Customer or deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Companies obligations in relation to the Goods if the delay or failure was due to any cause beyond the Company’s reasonable control and inter alia and without prejudice to the generality of the foregoing strikes, lockouts or any other industrial act or trade disputes, whether involving employees of the Company or a third party shall be regarded as causes beyond the Company’s reasonable control. 9. GENERAL 9.1 Any notice required or permitted to be given by either party to the other under the Conditions shall be in writing addressed to that other party at its registered office or principle place of business or such other address as may at the relevant times have been notified pursuant to this provision to the party giving notice. 9.2 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. 9.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby. 9.4 The Contract shall be governed by the Laws of England and Wales and subject to the jurisdiction of the English Courts.