Exquisite Tiles Website Terms and Conditions of Supply
These Terms 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. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
1. Information about us
We operate the website www.exquisite-tiles.com. We are Exquisite Tiles Ltd, a company registered in Northern Ireland under company number NI652806 and with our registered office at 5 Glen Road, Downpatrick, BT30 8AY. Our VAT number is 294450289
Contacting us if you are a consumer:
a. To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to email firstname.lastname@example.org and we will e-mail you by return to confirm we have received your cancellation. You can also contact our Customer Services team by post to Customer Services, Exquisite Tiles Ltd, 5 Glen Road, Downpatrick, BT30 8AY. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
b. If you wish to contact us for any other reason, including because you have any complaints, you can contact our customer service team at by e-mailing us at email@example.com
c. If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
2. Our Products
- All images, descriptive matter, specifications and advertising of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Furthermore, due to the bespoke nature of some of our products, all sizes, weights, capacities, dimensions and measurements indicated on our site may vary. Please also note that tiles are created in batches and some shade variation may occur between batches.
- We also advise you to buy tiles, borders and decors from the same range as these may be sourced from different suppliers which might result in variations.
- Please check your tiles carefully prior to fixing for shade variation, which may include dry laying. If you are not happy with the shade of your tiles, we cannot accept responsibility once they have been fixed; fixing to a substrate means that you have accepted the tiles in their present state so no refunds or replacements will be offered.
- The packaging and names of the Products may vary from that shown on images on our site.
5. How the contract is formed between you and us
- Our shopping pages 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 to us. Please take the time to read and check your order at each page of the order process.
- 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 clause 5.3.
- We will send you confirmation of your order in writing but this will not constitute acceptance of your order. Our acceptance of the order occurs when the Products are despatched from our warehouse, to you. The Contract between us will only be formed when the Products are despatched. Your order will be based upon our product prices and delivery charges in force at the time you submit your order. If the prices or charges are different from those published this will be bought to your attention before we accept your order and we will give the option to cancel it.
- When an order is placed online, we request authorisation for the value of the order through our third party payment provider to ensure that the funds are available for the value of your order. Your payment details will also be checked by our screening service, this is designed to protect the company and the customer from fraudulent activity.
- By submitting an order to us through the Website and by clicking the Pay Now button, you confirm that the payment details provided on your order are valid and correct and that when your order is accepted and processed by us, payment will be made in full.
- 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 or phone 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 charged as soon as possible.
6. Our right to vary these terms
- We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
- 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.
- We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements
- changes in Exquisite Tiles internal policies and procedures
- If we have to 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 any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. Your consumer right to cancel and refund
This clause 7 only applies if you are a consumer.
- If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.2(a). 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
3. Your legal right to cancel a Contract starts from the date of acceptance as provided for in clause 5.3, 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 14 days after the day on which you receive the Product.|
|Your Contract is for either of the following:|
· one Product which is delivered in instalments on separate days.
· multiple Products which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.|
- To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email firstname.lastname@example.org and we will e-mail you by return to confirm we have received your cancellation. We will contact you to arrange a suitable time for collection;
unless the Product is faulty or not as described (in this case, see clause 7.5), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
- Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8. Refunds & Returns
- A ‘Return’ is classified as occurring after the 14 day cancellation period calculated in accordance with clause 7.3 has expired.
- You can return any resalable Products to us within 60 days of purchase for a full refund (excluding delivery charges). Only full boxes of the same tiles will be refunded. You must return the Products along with a receipt as proof of purchase and a refund will be made via the original method of payment. Exquisite Tiles reserve the right not to refund if the Products are deemed as not being in a resaleable condition, if there is no proof of purchase, or if the Products are returned after the 60 day period. We aim to process all refunds within 14 working days. You can return the Products at your own expense to our Warehouse in Downpatrick. Our address is Unit 3A Cloonagh Road, Downpatrick, County Down, BT30 6LJ Northern Ireland
- Refunds will only be processed once the Products have arrived with us and we have inspected their condition and deemed them to be suitable for resale. Original delivery charges will not be refunded. We aim to process all refunds within 14 working days.
- Where you purchase Products from us that are defective we shall repair or replace the Products, or refund the price of the Products as long as the damage has not been caused by you. All damaged Products will be replaced on standard delivery at our cost either by delivering into store or having another delivery sent out to you.
9. Price of products and delivery charges
- The prices of the Products will be as quoted on our site at the time you submit your order. We only accept payment for orders in pounds (£) sterling. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 for what happens if we discover an error in the price of Product(s) you ordered.
- Prices for our Products may change from time to time, but changes will not affect any order you have already placed. If a price increase or decrease has come into effect between placing the order and collecting it or taking delivery of it, the original price you paid must still be honoured.
- 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 pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. Please refer to our Delivery page /delivery/ for specific details on delivery, including any particular restrictions that may apply from time to time depending on our third party delivery company. Whilst we will use all reasonable endeavours to ensure that your order is delivered to you within the times stated on our Delivery page /delivery/ our deliveries are carried out by a third party provider and as such this process is largely out of our control. If an event does occur which may affect your delivery and/or is otherwise outside of our control we will attempt to contact you.
- 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. We will normally check prices as part of our dispatch procedures so that:
- If a 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; and
- if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible 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.
10. How to pay
- You can pay for Products using a debit card or credit card. We accept the following cards: Visa Credit and Debit, Mastercard, American Express.
11. Sample ordering
- We encourage customers to purchase sample tiles before making their complete purchase to give a true, accurate and clear appraisal of the product and its suitability for its installation. Either pay for a full size piece or choose cut pieces, which are limited to three pieces per order. Please remember shades and calibration of tiles differ especially with natural products, so before fixing ensure you are entirely happy with the product as any claims once the product has been fixed will not be considered. Any purchases of samples are also governed under these terms and conditions. Please note you may not add multiple samples of the same tile.
- Exquisite Tiles reserves the right to cancel multiple sample orders from the same customer, which may be identified by name, address or payment method used.
- Samples are charged at the price per individual tile.
- Delivery on all sample orders will be charged at postal rates but will be refunded if order is placed. Sample orders can generally be sent to all areas of the UK but if the sample is too large (i.e. over 20x20cm) we may not be able to fulfil the order and may have to cancel and refund. You will be notified by phone or email in this instance.
- Sample orders are despatched by 2nd Class Royal Mail or via courier service if the sample is too large to post.
12. Our liability if you are a business
This clause 12 only applies if you are a business customer.
- We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 12.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13. Our liability if you are a consumer
This clause 13 only applies if you are a consumer.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
14. Events outside of 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15. Communications between us
- When we refer, in these Terms, to “in writing”, this will include e-mail.
- If you are a consumer you may contact us as described in clause 1.
- If you are a business:
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- 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, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. Other important terms
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Terms are governed by Northern Irish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by the courts in Northern Ireland.
- If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Northern Ireland.
- If you are a business, we both irrevocably agree that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
- If you are not entirely satisfied with your purchase please contact our Customer Services department at email@example.com.We will try to resolve any issues that you have as quickly as possible and if necessary we will explain how to follow our complaints procedure.
17. Voucher terms & Conditions
- Only valid during offer period
- Cannot be used in conjunction with any other offer
- Can only be used once per household
- Excludes sale items
- Available whilst stocks last
- Exquisite Tiles Ltd reserve the right to remove any offer without prior notice