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.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
We operate the website www.shadestilesrus.co.uk. We are Tile World South East Limited, T/A Shades Tiles R US. a company registered in England and Wales under company number 8349452 and with our registered office at Ashdown Hurrey, 28 Wilton Road, Bexhill On Sea, East Sussex, TN40 1EZ. With our main trading address as: Shades Tiles R US, Brook Way Business Park, Brook Way, Ivyhouse Lane, Hastings, TN35 4NN. Our VAT number is 155 156 415.
Contacting us if you are a consumer:
To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to visit our Refund Request Form. You can also 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 telephone on 01424 719800 or by post to Customer Services, Shades Tiles R Us, Brook way business park, Brook way, Ivyhouse Lane, Hastings, East Sussex, TN35 4NN. If you are emailing us or writing to us please ensure you include details of your order, including your invoice number, 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.
If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01424 719800 or by
e-mailing us at email@example.com.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Contacting us if you are a business. You may contact us by telephoning our Customer Service team at 01424 719800 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.
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 cannot guarantee against crazying or shades/batch variation.
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 of the Products may vary from that shown on images on our site.
USE OF OUR SITE
HOW WE USE YOUR PERSONAL INFORMATION
IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
As a responsible retailer, we are aware than minors may incorrectly use tools or other DIY products. We do not knowingly sell to children and orders may only be placed by persons 18 or over.
IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
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.
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.
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.
We will send you confirmation of your order by email but this will not constitute acceptance of your order. Our acceptance of the order occurs when the Products are despatched from our warehouse or collected by yourself. The Contract between us will only be formed when the Products are despatched or collected. 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.
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 as referred. 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.
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 Shades Tiles R Us 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.
YOUR CONSUMER RIGHT TO CANCEL AND REFUND
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.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:
any Products which become mixed inseparably with other items after their delivery
any Products which have been opened, for example grout or adhesive, unless faulty
any products that have been used or damaged by yourselves or your workers
Your legal right to cancel a Contract starts from the date of acceptance as provided for in clause 7.3, 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:
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 call us. You can also email email@example.com and we will e-mail you by return to confirm we have received your cancellation. You can also contact our Customer Services team by telephone on 01424 719 800 or by post to Customer Services, Shades Tiles R Us, Brook way business park, brook way, Ivyhouse Lane, Hastings, East Sussex, TN35 4NN.
unless the Product is faulty or not as described, 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 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
YOUR ADDITIONAL RIGHT TO CANCEL AND REFUND
We will permit you to cancel a Contract at any time prior to despatch from a Shades Tiles R Us store or warehouse.
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 an Event Outside Our Control. An Event Outside Our Control is defined below.
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.
If your tiles are damaged or you have a shortage you must notify us immediately upon receipt. No claims for refunds and/or replacement of damaged goods and/or shortages will be accepted against deliveries that are signed for unexamined. It is the responsibility of the recipient to ensure the delivery is correct at the time of handover. Subsequently, damaged goods must be made available for immediate return.
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 1.1.
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.
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 English 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 English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
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 England and Wales.
If you are a business, we both irrevocably agree that the courts of England and Wales 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 firstname.lastname@example.org or by calling 01424 719800. 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.
OWNERSHIP OF RIGHTS
All rights, including copyright, in this website are owned or licensed to us. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, distribute or re-post something on this website for any purpose.