These Terms and Conditions of Sale apply to all sales of goods by Cheam Tile Centre Ltd (“the Company”, “we”, “us”) to retail consumers and trade customers.
They are intended to reflect long-established industry practice within the tile and building materials sector and to comply with applicable UK consumer protection legislation.
1. Definitions
1.1 Goods – all products supplied by the Company, including but not limited to tiles, adhesives, grouts, trims, levelling systems, tools, sealants and associated materials.
1.2 Consumer – an individual acting wholly or mainly outside their trade, business, craft or profession.
1.3 Trade Customer – any individual or business purchasing Goods in the course of trade, business, craft or profession.
1.4 Special Order Goods – Goods sourced specifically to fulfil a Customer’s order and not held as standard stock by the Company. This includes, but is not limited to, tiles ordered from UK or overseas suppliers, goods ordered from manufacturers specifically for the Customer, and goods requiring extended lead times.
2. Basis of Sale
2.1 These Terms apply to all sales of Goods by the Company and shall take precedence over any other terms proposed by the Customer, unless expressly agreed in writing by the Company.
2.2 All quotations are invitations to treat and are valid for 30 days unless withdrawn earlier.
2.3 A legally binding contract is formed when the Company accepts an order by issuing an invoice, written confirmation, or by dispatching or arranging delivery of the Goods.
2.4 By placing an order, making payment, accepting delivery or collecting Goods, the Customer confirms that they have had a reasonable opportunity to read and accept these Terms.
2.5 Nothing in these Terms affects a Consumer’s statutory rights.
2.6 The Customer is responsible for ensuring that all order details, including quantities, measurements, specifications, colour, finish, suitability and compatibility with existing materials, are correct prior to ordering.
2.7 Any advice, recommendation or assistance provided by the Company is given in good faith and based on information supplied by the Customer. The Company accepts no liability where Goods are unsuitable due to incorrect, incomplete or changing information provided by the Customer.
3. Nature of Supply
3.1 The Company operates primarily as a specialist tile retailer and sourcing supplier.
3.2 While some accessories and fixing materials may be held in stock, the majority of tiles are ordered from third-party manufacturers or distributors specifically to fulfil individual Customer orders.
3.3 Goods may be delivered directly from the supplier or via the Company, depending on the nature of the order.
4. Price and Payment
4.1 Prices are as quoted at the time of order and include VAT unless otherwise stated.
4.2 Full payment is required at the time of order unless a credit account has been approved in writing.
4.3 Credit accounts are available to approved Trade Customers only. Payment terms are by the last working day of the month following invoice unless otherwise agreed in writing.
4.4 The Company reserves the right to charge interest on overdue sums at a rate of 4% per annum above the Bank of England base rate, accruing daily until payment is received in full.
4.5 The Company may suspend deliveries or cancel outstanding orders where payment is overdue.
5. Delivery
5.1 Delivery dates are estimates only and time for delivery shall not be of the essence.
5.2 Delivery is kerbside unless otherwise agreed in writing.
5.3 The Company shall not be liable for delays caused by suppliers, manufacturers, carriers or events beyond its reasonable control.
5.4 The Customer must ensure suitable access and be available to receive Goods at the agreed delivery time.
5.5 Failed or aborted deliveries may result in additional charges, including redelivery, storage or supplier charges.
6. Risk and Title
6.1 Trade Customers: Risk in the Goods passes on delivery, attempted delivery or collection.
6.2 Consumers: Risk passes only when the Consumer takes physical possession of the Goods.
6.3 Title to the Goods shall not pass until payment has been received in full in cleared funds.
6.4 Until title passes, Goods must be stored safely, separately and clearly identified as the Company’s property.
7. Inspection and Product Characteristics
7.1 The Customer must inspect Goods immediately upon delivery or collection.
7.2 Any shortage, damage, incorrect supply or visible defect must be reported in writing within 3 working days.
7.3 Tiles must not be cut, fixed or installed until they have been fully checked. Installation constitutes acceptance of the Goods where any defect or issue was reasonably visible beforehand.
7.4 Shade, tone, pattern, surface texture and size variation are inherent characteristics of ceramic, porcelain and natural stone products and do not constitute defects.
7.5 Samples, displays, brochures and images are indicative only and may not exactly match the Goods supplied.
7.6 Tiles must be mixed from multiple boxes prior to installation to achieve the most consistent appearance.
7.7 Crazing of glazed tiles may occur and is not considered a defect.
7.8 Tiles are produced in batches and variations between batches may occur.
7.9 While reasonable efforts are made to supply matching batches, batch consistency cannot be guaranteed due to supplier availability.
7.10 The Customer must check batch numbers, labels and tile appearance prior to installation.
7.11 No claims will be accepted after Goods have been installed, cut or used where the issue was reasonably visible before installation.
7.12 These inspection requirements do not affect Consumer statutory rights where a defect was not reasonably discoverable at the time of inspection.
8. Cancellations, Returns and Special Order Goods
Consumers
8.1 Consumers may have the right to cancel a contract within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8.2 This right does not apply to Goods made to the Consumer’s specification or clearly personalised, including Special Order Goods.
8.3 Special Order Goods are sourced specifically at the Consumer’s request and are non-cancellable and non-returnable once ordered from the supplier, except where faulty or not as described.
8.4 Where a cancellation is permitted and the Goods have already been ordered or dispatched, the Consumer will be responsible for any supplier restocking, return carriage or handling charges incurred. These charges are imposed by third-party suppliers; the Company does not retain restocking fees for its own stock.
8.5 Any such costs will be deducted from the refund and will reflect the actual costs incurred. Evidence will be provided on request.
8.6 Delivery and transport charges are non-refundable unless required by law.
Trade Customers
8.7 Orders placed by Trade Customers are binding and may not be cancelled once goods have been ordered from the supplier.
8.8 Special Order Goods are non-returnable and non-refundable.
8.9 Returns of standard stocked items may be accepted at the Company’s discretion only and may be subject to supplier restocking charges.
8.10 Accepted returns must be authorised in writing, made within 21 days, in full box quantities, unopened, resaleable and accompanied by proof of purchase.
8.11 Adhesives, grouts, perishable goods, opened boxes, cut, installed or used Goods are non-returnable.
9. Faulty or Misdescribed Goods
9.1 Any faulty, damaged or incorrect Goods must be reported as soon as reasonably practicable.
9.2 Where Goods are accepted as faulty or not as described, the Company will, at its discretion, repair, replace, offer a price reduction or provide a refund in accordance with applicable law.
9.3 The Company shall not be liable for defects arising from misuse, incorrect installation, unsuitable substrates or failure to follow manufacturer instructions.
9.4 Nothing in these Terms affects rights under the Consumer Rights Act 2015.
10. Limitation of Liability
10.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability which cannot be excluded by law.
10.2 The Company shall not be liable for indirect or consequential losses, including labour costs, delays, loss of business or loss of profit.
10.3 Subject to statutory rights, the Company’s total liability shall not exceed the price paid for the Goods giving rise to the claim.
11. Force Majeure
The Company shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including supplier failure, transport disruption, labour shortages or external events.
12. General
12.1 These Terms are governed by the laws of England and Wales.
12.2 The courts of England and Wales shall have exclusive jurisdiction.
12.3 If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.4 Nothing in these Terms limits or excludes any statutory rights of Consumers.