1.1 The definitions in this condition apply in the terms and conditions set out in this document:
Contract the contract between the Supplier and the Customer For the sale and purchase of the Goods in accordance with these Conditions.
Cooling Off Period shall have the meaning given in condition Customer or you means the purchaser of the Products.
Products the products that we are selling to you as detailed in the Order.
Order your order for the Products as set out in the order form.
Order Summary shall have the meaning set out in condition 2.5.1.
Supplier or us means Prestige Tech Tiles Limited a company registered in England and Wales (No. 13885601) and whose address is 206-208 Manchester Rd, Altrincham, WA14 5LU
Terms the terms and conditions set out in this document.
Writing or written includes Faxes and e-mail.
In these terms, the following rules apply:
2 Your contract
- A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- A reference to a party includes its personal representatives, successors or permitted
- A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
- Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- A reference to writing or written includes e-mails.
2.1 These terms and the Order are considered by us to set out the whole agreement between you and us for the sale of the Products. These Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
2.3 Please read Please these Terms carefully and check that that the details in the Terms and on the Order are complete and accurate) before you commit to the Contract. Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by the Terms once a Contract comes into existence between us, in accordance with condition 2.5.
2.4 The Order constitutes an offer by you to enter into a binding Contract, which we are free to accept or decline at our absolute discretion.
2.5 The Order shall be deemed to be accepted, and the Contract shall come into Force when:
2.5.1 we issue you with written acceptance of your Order (Order Summary) whether in our store or otherwise; or
2.5.2 we notify you that the Products are ready, whichever is the earlier.
2.6 Any quotation for the Products is given on the basis that a binding Contract shall only come into existence in accordance with condition 2.5 Subject to condition 2.7, a quotation shall be valid for a period of 30 days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.7 Any quotation issued subject to a promotional offer will be valid for a period of 30 days from its date of issue or, if sooner, on the expiry of the promotional offer.
2.8 We shall assign an order number to your Order and inform you of' it in the Order Summary. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.9 All our Products are made to your order using the measurements, plans, specifications, choices and details you have provided to us. For the purposes of these Terms:
2.9.1 when referring to all our products we will use the definition "Products"; and
2.9.2. when referring when specifically to products which are made to your Order we will use the definition "Bespoke Products".
2.10 For Bespoke Products we rely on the measurements, plans, specifications, choices and details you supply to us and you must therefore check that they are accurate and correct. Please also check that all Products listed on the Order Summary are the correct model and specification. This is your responsibility even if we are installing your Products or have attended your premises prior to your Order being placed.
We will not give refunds for; replace or allow you to reject Bespoke Products which have been supplied to you in accordance with the measurements, plans, specifications, choices and details you supplied to us unless The Bespoke Products are faulty. This will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
2.11 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Products. We have taken care to describe and show Products as accurately as possible. Despite this, slight variations in Products may occur for example colours and textures may vary between different batches of production.
2.12 If any of these Terms are inconsistent with any term of the Order Summary, the Order shall prevail.
2.13 We have the right to revise and amend these Terms From time to time to reflect any changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in Force at the time that the Contract is Formed, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to Orders you have previously placed that we have not yet fulfilled). [If we have to revise these terms after your Contract is signed, we will notify you in writing and you can choose to cancel the contract in accordance with condition 3.
3.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.For most products bought online, you have a legal right to change your mind within 14 days and receive a refund.
3.2 Supplier will accept returns packed in an acceptable condition (all tiles palletized and fully wrapped) for all stocked material within 30 days of the invoice with a 30% restocking fee and only with prior written agreement. Non Stocked items- special orders, may be accepted after consultation and with written confirmation but within 30 days of invoice, and in every case the customer will have to accept all the transport fees involved. We will only credit goods that are returned to us in a re-saleable condition. Upon booking the goods back into our warehouse, any damages, will be deducted from the due credit note.
3.3 If you wish to add Products to your Order after the expiry of the Cooling Off Period such additions may, at our discretion, be regarded as a new and separate Order with different delivery times and separate delivery charges.
3.4 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products, unless your order is split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the products.
3.5 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
3.5.1 Phone email. Call customer services on 017404541730 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order (including your customer number and order reference) and, where available, your phone number and email address.
4. The Products
4.1 We warrant the quality of our tiles for a period of 6 months.
4.2 Where we are not the manufacturer of the Products, we shall endeavor to transfer to you the benefit of any warranty or guarantee given to us.
4.3 This warranty is in addition to your legal rights in relation to Products which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
4.4 This warranty does not apply to any defect in the Products arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Products in a way that we do not recommend, your Failure to follow our instructions, or any deviation from the plan which we provide, or other alteration or repair you carry out without our prior written approval.
4.5 We will take reasonable steps to pack the Products properly and to ensure that you receive your Order in good condition.
4.6 These Terms apply to any repaired or replacement Product we supply to you in the unlikely event that the original Products are faulty or do not otherwise conform with these Terms.
5. Delivery and Collection
5.1 We or our delivery agent will use reasonable efforts to deliver the Products you have ordered to you within 30 days of the date of the Order Summary or by the delivery date agreed at the time of the Order. Any dates given for delivery are approximate only. Any time for delivery is not of the essence. Delivery will be made to the United Kingdom (mainland only) address you nominate in your Order and a charge is made for delivery details of which can be found on the customer charter provided to you. We or our delivery agent will contact you to arrange delivery. You will receive at least 48 hours' notice of the delivery date and on the day prior to delivery you will receive notice of when your delivery will be made in the morning or the afternoon.
5.2 We will take reasonable steps to deliver or as otherwise agreed between us in writing. However, occasionally delivery may be affected by Factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. Please allow extra time for deliveries to the Scottish Highlands and islands. Unfortunately we do not deliver to addresses outside the UK. Delivery routes are determined in advance. If you request a change of date after your contract has been signed, an administration charge of pound 150 will be payable.
5.3 If we have not contacted you to arrange delivery within 30 days of the Order Confirmation, you may contact us to request that delivery must be made within 7 days of your request, and subject to us both agreeing a suitable delivery date and to you complying with conditions.
5.4 We will deliver your purchased products to the nearest entrance to the delivery address at ground floor level only. It is your responsibility to get the products from that point to any other part of the delivery address. Some products are large (e.g. shower cabins and some baths) and it may be difficult or impossible without modifications to the premises for you to get the items up small or sharp turning staircases or through small doorways. It is your responsibility to satisfy yourself that the access to the room into which the items are to be fitted is sufficient for the size of the products purchased and to modify the premises if necessary. From the estimated or guideline delivery date until we actually deliver the products, you agree to ensure that you and your premises are ready for the safe receipt of the products and you agree to provide us with all necessary access to the delivery address and premises at all reasonable times. You (or your nominee) shall sign a delivery note to show that you have received delivery. You must also provide our delivery vehicle with reasonable access to park and deliver, or give us sufficient notice for reasonable arrangements for making deliveries.
5.5 A variable delivery charge will apply when the total amount of purchase and delivery is over £300 before VAT. Any orders or deliveries below the amount of £300 will have a fixed charge for delivery £55 +VAT. Please note that the following surcharges apply to our large format Coverlam which is sold per piece (1200x2600mm,1000x3000mm,1200x3600mm formats):
5.5.1 £120 surcharge for all quantities (Wooden Frame Cost).
5.5.2 £120 delivery charge for 5 pieces or less up to 120 miles.
5.6 20mm outdoor tiles will be delivered on a 20TN vehicle and there needs to be minimum two persons at the end destination to take delivery. Please take note of the following:
5.6.1 If the customer requires delivery by Hiab Up, Tail Lift or moffett truck, additional costs will be applied.
6. Risk and Title
6.1 The Products will be at your risk from the time of delivery to the address stated on your Order Confirmation.
6.2 Ownership of the Products will only pass to you when we receive payment in full of all sums due For the Products, including delivery charges.
7. Price and Payment
7.1 The price of the Products will be as set out in the Order Summary or, if no price is quoted, the price set out in our published price list as at the date of delivery. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
7.2 These prices include VAT unless otherwise expressly stated.
7.3 The prices for the Products exclude delivery costs which will be added to the total amount due. Delivery costs are set out in the Order Summary. It is always possible that, despite our best efforts, some of the Products we offer may be incorrectly priced.
7.4 We may, by giving notice to you at any time up to  days before delivery, increase the price of the Products to reflect any increase in the cost of the Products that is due to:
7.4.1 Any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
7.4.2 Any request by you to change the delivery date(s), quantities or types of Products ordered, or the specification.
7.4.3 Any delay caused by any of your instructions or failure to give us adequate or accurate information or instructions.
7.5 Unless otherwise agreed in writing payment for Products must be made in advance of delivery by either United Kingdom credit or debit card or cheque. Payments by cheque must be in cleared Funds prior to delivery. We accept payment with Mastercard, Visa, Maestro or Visa Electron. We will charge you an administration Fee of £5 if and each time your bank is unable to process your payment.
7.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
7.7 Otherwise Condition 7.6 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
8. Our Liability
8.1 Nothing in these Terms shall limit or exclude in any way our liability for:
8.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents or suppliers;
8.1.2 Fraud or fraudulent misrepresentation;
8.1.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
8.1.4 Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
8.1.5 Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8.2 Subject to condition 8.1, we shall not be responsible for any losses that you suffer as a result of our failure to comply with the Contract, except for those losses which are a foreseeable consequence of that failure and which are limited to the purchase price of the Products you have purchased.
8.3 Subject to condition 8.1, we shall not be liable under or in connection with the Contract for any of the following:
8.3.1 Loss of income or revenue (including but not limited to loss of wages);
8.3.2 Loss of business;
8.3.3 Loss of anticipated savings;
8.3.4 Loss of data.
This condition 8.3 shall not prevent claims for damage to, your physical property, excluding the cost of repairing any pre-existing faults or damage to your property that we discover in the course of site survey.
8.4 We shall not be liable to you or responsible for losses or damage incurred by you which arise as a result of you providing to us incorrect measurements, plans, specifications, choice or details, or failure by you to take account of the features, size and shape of the space in which you wish to install our Products.
9.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
9.2 A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
9.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Right of Third Parties) Act 1999.
9.4 We warrant that we will process your personal data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments. We further warrant that, having regard to the state of technological development and the cost of implementing any measures, we will take appropriate technical and organizational measures against the unauthorized or unlawful processing of your personal data and against the accidental loss or destruction of, or damage to, your personal data.
9.5 The 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.