Disclaimer

Consumer Terms and Conditions of Sale (Not Trade Accounts)
This page tells you the terms and conditions on which we supply any of the products (“Products”) which are listed on our websites (our “Sites”) and/or which are available from our store at Langley Moor, Co Durham (our “Store”). Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please Note: These terms and conditions only apply to you if you are ordering Products from us as a consumer.  If you hold a trade account with us, these terms and conditions do not apply to you and we will supply Products to you subject to our Trade Terms and Conditions of Sale. 
1. Information About Us
Our Sites and our Store are operated by Tiles Porcelain Limited (“we”). We are registered in England and Wales under company number 06105053. Our registered office and main trading address is at Tiles Porcelain Ltd, Unit 1, Off Littleburn Road, Littleburn Industrial Estate, Langley Moor, Durham, Co. Durham, England, DH7 8JF. Our VAT number is 934147427.
2. How to Order Products from Us
You can place an order for any of the Products by calling our sales line on 0191 3783896 or by visiting our Store. 
Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us.  If you place an order using our sales line, we will confirm such acceptance to you by providing you with written confirmation (usually by email) that your order has been accepted (the “Acceptance of Order”) and the contract between us (the “Contract”) will only be formed when we issue a written Acceptance of Order.  
Please note that if you have not received an Acceptance of Order we will not be deemed to have accepted your order merely because we have taken payment for the Products you wish to order, or because you have received confirmation that your payment has been processed.  However, if we decline to accept your order you will receive a full refund of any payment you have already made in relation to that order.
The Contract between us will relate only to those Products detailed in our Acceptance of Order. We will not be obliged to supply any other Products which may have been part of your order until an Acceptance of Order has been issued by us in respect of those Products.
3. Consumer Cancellation Rights
If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in section 7 below).
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost.  When returning the Products to us you must ensure that you use a reputable carrier, that the Products are appropriately packaged to protect them in transit and that the correct postage is paid.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have any right to cancel a Contract under this section 3 in respect of the following Products:

• Any Products which are purchased by you or ordered by you when you are present at our Store; or
• Any Products which are made or tailored to you particular requirements including (but not limited) made to measure worktops.

Details of this statutory right, and an explanation of how to exercise it, are provided in our Acceptance of Order. This provision does not affect your statutory rights.
4. Availability and Delivery
All Products are subject to availability.  If we are unable to fulfil your order we will inform you as soon as possible.  Where we have accepted your order, we will use reasonable efforts to fulfil your order by any delivery date agreed between us and set out in our Acceptance of Order, or if no delivery date is specified, within 30 days of the date of your order.  If we are not able to fulfil your order within these timescales we will try to inform you as soon as possible.
5. Risk and Title
The Products will be at your risk from the time of delivery.  Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6. Price and Payment
The price of any Products will be as quoted on our Sites from time to time or as set out in any written quotation issued by us to you, except in cases of obvious error. These prices exclude VAT and (unless otherwise stated) exclude delivery costs, which will be added to the total amount due at the rate quoted by our sale representatives. Unless otherwise stated all delivery charges will reflect our carrier’s standard charges. Prices published on our Sites are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance of Order.  Prices contained in any written quotation issued by us shall (unless otherwise stated) remain valid for a maximum of 30 days.
Our Sites contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Sites may be incorrectly priced. We will normally verify prices as part of our order acceptance procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when accepting your order. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either ask you for instructions before accepting your order or dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide Products to you at any price (including any incorrect price) until you have received an Acceptance of Order from us confirming the price for the Products.
Payment for Products can be made by credit or debit card, cheque or bank transfer.

7. Our Refunds Policy
When you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see section 3 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
When you return a Product to us relying on your other statutory rights or rights under your Contract with us (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you if you are entitled to a refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund in relation to the Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
All goods must be checked by the customer on receipt of goods - this is imperative. No responsibility for damaged product, shortages or incorrect products can be accepted after 48 hours / two working days (Mon - Fri) of receipt of goods. The company must be notified by e-mail or fax within 48 hours of delivery of any claims by the buyer of any shortage or damage to goods in transit.  Risk in respect of the goods passes to the buyer from the moment of delivery.
We shall be under no obligation to give you a refund in relation to any Product once the seven day cooling off period has expired (unless the Product is defective and/or your statutory rights apply).
We will usually refund any money received from you using the same method originally used by you to pay for your purchase
8.  Our Liability
We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We would not recommend that start to install any Products, or book the services or a tiler or any other tradesmen in connection with any Products, before you have received full delivery of the Products in question and thoroughly inspected the Products.  If you choose to do so, you do so at your own risk and we shall not be responsible for any costs or losses you may suffer as a result, even if we have breached our obligations under these terms and conditions or any Contract.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings: (e) loss of data, or (g) waste of management or office time or delays caused to building projects.
Nothing in these terms and conditions shall limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; (d) or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9.  Samples, Colour Variations, Under-floor Heating etc.
Whilst we take reasonable care to ensure that all images of Products published on our Sites accurately depict the Products concerned, we cannot guarantee that the exact colour, texture or qualities of all Products will be apparent from such images.  We therefore recommend that you order samples of Products before placing orders for Products.
You should be aware that Products made from natural materials (including but not limited to travertine, limestone, slate, onyx, marble, quartz, porcelain, granite) may incorporate naturally occurring variations in colour, texture or other qualities which are considered a feature of such Products.
You should also be aware that the colour, shading, texture and quality of any Products may vary between different batches of the same Product.  Wherever, possible we will fulfil any single order you place for a particular Product from the same batch.  However, where you place separate orders for the same Products, the Products may not be selected from the same batch.
Not all Products that we supply (including but not limited to Quartz tiles) will be suitable for use with under-floor heating.  If you intend to use any Product with under-floor heating it is your responsibility to ensure that they are suitable.
You acknowledge and agree that any issues arising from the matters referred to in this section 9 shall not be regarded as Product “defects”.
10. Import Duty
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. Notices
All notices given by you to us must be given to Tiles Porcelain Limited at the address detailed in section 1 above or by email to sales@tilesporcelain.co.uk. We may give notice to you by either e-mail, post or fax using the contact details provided to us when you placed your order. Notice will be deemed received and properly served on the day an e-mail or fax is sent or the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail or fax that such e-mail was sent to the specified e-mail address or fax number of the addressee.
12. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, extreme weather conditions, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (e) impossibility of the use of public or private telecommunications networks (f) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. Waiver
If we choose to ignore a breach by you of these terms and conditions (or any Contract) on one occasion, we may still take issue with you at a later date if you breach the same term or condition or any other term or condition or Contract, after that.
14. Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire Agreement
You acknowledge and agree that the Contract between us will consist of these terms and conditions and any document expressly referred to in them. While we accept responsibility for statements and representations made by our duly authorised agents, if you intend to rely on any such statements or representations, please ensure that they are confirmed in writing.
16. Our Right to Vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless we notify you of a change to those policies or these terms and conditions before we send you the Acceptance of Order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
17. Law and Jurisdiction
Contracts for the purchase of Products through our Sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.