These terms and conditions apply to your use of the Directtilewarehouse.com website which has been produced solely for our United Kingdom trade customers only: if you do not wish to adhere to the terms and conditions which are suitable for trade customers, you should leave this website. These terms and conditions apply to any purchase you make through the website, so please take time to read them.
The contents of this site including product prices, delivery charges and product details are subject to change at any time without notice. We may also revise or update these terms and conditions at any time without notice. Use of this site and purchases of products offered for sale on this site are subject to the terms and conditions posted on the site at the time of your visit.
These terms and conditions do not affect your statutory rights. The company selling to you will be Ceramiks Limited, (trading as Direct Tile Warehouse) which is registered in England and Wales under company number 03456993, with a registered office at 45-51 Wychtree Street, Morriston, Swansea, SA6 8EX.
The Seller, Ceramiks Limited, is also referred to in these terms and conditions as “we”, “us”, “ourselves”, etc.
The Buyer is also referred to as “you”.
We may revise or update these terms and conditions at any time without notice.
Description of goods
All images, descriptive matter and specifications are for the sole purpose of giving an approximate description of the goods. All specifications given to you are approximate and intended as a guide only. We advise you to seek technical advice from independent and qualified sources prior to ordering products and any work to be carried out.
All tiles (e.g. ceramic, porcelain, natural product) are subject to shade variation; this is inherent in the manufacture of tiles. Please ensure that you are happy with any shade variation for your entire order before fixing any tile. We will not accept responsibility for shade variation after the tiles have been fixed. Production batch numbers are shown on each box.
Please order the correct quantity for your requirement, allowing for waste. If you find that you do not have enough tiles for your job, we cannot guarantee to match shades of previous orders.
The Contract between us
When purchasing from ourselves you are agreeing to the following terms and conditions buying as a trade customer only.
The Buyer acknowledges and agrees that, when entering into this contract, the buyer does not rely on any statement, representation or warranty given by any person on behalf of Ceramiks Limited other than as expressly set out in these terms and conditions.
The contract will continue to have effect notwithstanding that a condition is breached either by us or you.
1. Payment
1.1 We must receive payment of the whole of the price for the goods that you intend to order before your order can be accepted. Our receipt of your payment will constitute acceptance of your order by ourselves. Our acceptance of your order brings into existence a legally binding contract between you and us incorporating these terms and conditions.
2. Delivery charges are non-refundable unless we cancel in accordance with condition 5 below or you return damaged or faulty products in accordance with condition 6 below.
2.1 Samples will be charged to you at the unit price as displayed on our website. You will also be required to pay for delivery of the samples.
2.3 We will allow the charges paid by you for samples (including the cost of the tiles and delivery) as a credit to be deducted from the total purchase price you have to pay, should you proceed with an order and the value of the order exceeds £300 exclusive of VAT. However, we must protect ourselves by limiting that credit to a reasonable number of samples (which we set as a maximum of 5 tiles).
3. Delivery of Goods to you
3.1 Where we have agreed to deliver the goods, we will organise delivery of the goods ordered by you to the address you give us for delivery at the time you make your order. The delivery address must be valid in the United Kingdom (e.g. not a PO Box number).
3.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order, unless there are unforeseen circumstances.
3.3 The risk of damage passes to you when either you or your nominee is in actual physical possession of the goods delivered.
3.4 You will become the owner of the goods you have ordered when they have been delivered to you (see also paragraph 4.10).
3.5 We may at our discretion deliver the goods by instalments in any sequence.
3.6 Where the goods are delivered by instalments, no default or failure by us in respect of any one or more instalments shall vitiate the contract in respect of the goods previously delivered or undelivered goods or entitle you to withhold any payment due under this contract.
3.7 If we are required to organise delivery on your behalf this may be through a third party carrier. The cost of delivery (either by ourselves or by a third party carrier) is to be agreed at the time of order.
3.8 The carrier personnel will not transport goods into your property. Instead, the goods (usually loaded on a pallet) will be delivered as close as possible to the front door of your premises. If this location is unreachable for any reason, such as being located on a narrow street, up a flight of stairs (such as flats) or due to any other obstruction, we reserve the right to deliver as near to your property as possible. The driver is NOT insured to take the goods inside your property/business premises.
3.9 You must make all arrangements necessary to take delivery of the goods when they are delivered in accordance with the delivery times as notified to you. If you do not accept delivery of the goods or we are unable to deliver or are delayed in delivering goods because of your actions or omissions, you will be liable to pay us for any additional costs we incur.
3.10 We recommend that you do not book a tiler (or other workman) to fix the tiles until the goods are in your possession and have been inspected.
3.11 On unpacking and inspecting the goods when they are in your possession, you MUST check that all the goods are acceptable to you before any of the goods are fixed or installed. In particular, as shade variation is inherent in the manufacture of tiles, there may be shade variations in the tiles delivered to you, especially when the tiles have been manufactured in different batches. Please check your tiles carefully before fixing. We will not accept responsibility for shade variation after the tiles have been fixed.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 We have insufficient stock to deliver the goods you have ordered; or
4.1.2 We do not organise deliveries to your area; or
4.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail and we will credit your account with any sum involved by us as soon as is possible but in any event within 14 days of your order and refund the purchase price plus delivery charges. We will not be obliged to offer any compensation for disappointment suffered.
5. Exchanges and Refunds for damaged or unsuitable goods
5.1 If the goods we deliver are not of the correct description, quality or quantity or are damaged or defective, please contact us as soon as possible in order that we might have the opportunity to address the matter, having regard to your statutory rights.
5.2 If you notify a problem to us under this condition, our obligation will be, at your option:
5.2.1 To make good any shortage or non-delivery; or
5.2.2 To replace or repair any goods that are damaged or defective;
5.2.3 To refund to you the amount paid by you for the goods in question. Delivery charges are non-refundable.
5.2.4 The foregoing will not affect your statutory rights.
5.3 If you notify in writing to us:
(i) within a period of 48 hours following the scheduled date of delivery that any goods have not been delivered; or
(ii) within a period of 48 hours after any goods have been delivered that such goods have been delivered damaged, are not of the correct quantity or do not comply with their description;
(iii) then we shall, at your option, either replace with similar goods any goods which are missing, lost or damaged or do not comply with their description or allow you credit for their invoice value.
5.4 The delivery of any returned goods shall either be at your premises or other delivery point specified for the original order.
5.5 Where we are liable in accordance with this condition in respect of only some or part of the goods the contract shall remain in full force and effect in respect of the other or other parts of the goods and no set-off or other claim shall be made by you against or in respect of such other or other parts of the goods.
5.6 The address for returning your goods to us is the Direct Tile Warehouse Depot which address is mentioned below in paragraph 7.
Refunds
5.7 When we have agreed a refund we shall make payment within 14 days of such agreement: we will refund the full amount previously paid by you, excluding any charge for delivering the goods to you. If you have already received the goods you must return them to us within 14 days of our agreement to refund.
5.8 Proof of purchase (i.e. the original invoice or copy) will be required so as to enable us to process the refund. The goods in question must be received by us in the condition they were in when delivered to or collected by you.
5.9 Once we have agreed a refund, any sum debited by us from your debit/credit card will be re-credited to your account within 14 days.
6. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent to:
Chris Williams, Direct Tile Warehouse, Phoenix Way, Swansea Enterprise Park, Swansea, SA7 9EH or by email to williac@comptongroup.com
7. Events beyond our control
We will have no liability to you for any failure to deliver goods you have ordered, or any delay in doing so, caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
8. Third party right
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
9. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.
