TERMS AND CONDITIONS

 DEFINITIONS
“Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods. “we”, “Company” and “us” means Penbury Ltd (operating as “Tile Capital”, “TileCapital.com”) and incorporated in England and Wales under company number: 09692784. VAT No: 224635420. Address: 1, Heston Industrial Mall, Church Rd, Heston TW5 0LD. Telephone Number: 0207 096 0050, Email: info@tilecapital.com, and “you” means the customer.
“Delivery Address” means the address at which we agree to deliver the Goods.
“Goods” means the goods which we agree to provide to you on these terms.
“Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address.
“Price of the Goods” means the price in pounds (£) sterling for the Goods shown as inclusive of VAT but exclusive of delivery.
“Total Price” means the price for the Goods and any delivery cost inclusive of VAT.

APPLICABLE TERMS, CONDITIONS AND REPRESENTATIONS

These terms are the express terms and conditions governing the Agreement. There cannot be a variation or change to this Agreement unless it is agreed in writing by a Director at the Company.

It is your responsibility to check that all the details relating to your order are correct and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and for their Delivery.

Orders should always include an additional 10% to allow for wastage to cover cutting, imperfections and breakages. There may be variations in colour, shades and dimensions from batch to batch. We advise you to order enough product to cover your needs accordingly as we cannot accept any liability for any minor differences in any subsequent batch or batches that you may need to order.

Any advice given by us relating to measurements, suitability, fixing and installation is given in good faith to be used as a general guide only. It is your responsibility ensure that the correct quantities of Goods are ordered and the use of correct fixing products and sealants for the environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter. We will not be responsible for any shortfalls, surpluses or incorrect fixing of Goods.

We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation to us. We will endeavour to notify you as soon as possible should these problems occur.

You should not arrange for fitting until all goods are received and your order is complete. All lead times are quoted with goodwill, but we cannot be responsible for any failure to meet these or any consequential loss.

DESCRIPTIONS AND SAMPLES

All descriptions, images and samples of our Goods are for the purpose of giving an approximate representation of the Goods only. We recommend that customers order samples prior to completing their order, this is to give an appraisal of the product and its suitability for installation.

You recognise that the Goods are natural and geological variations will occur in terms of colour, markings, texture, and size between consignments, which are beyond our control.

You recognise that shades, colour, markings, texture, size and calibration of our Goods can differ between consignments, which are beyond our control. We suggest that you inspect all items to ensure you are entirely happy with the product. Any claims once the Goods are fixed will not be considered.

You should be aware that all of the Goods are porous to some degree. Some may easily be scratched and/or be subject to natural pitting/chipping.

ORDERING

Once an order is placed, we will obtain clearance of your funds through a third party payment provider and check your details to protect the company against fraudulent activity.

By submitting an order through our website you represent and 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.

Acceptance of an order placed and the completion of the contract will take place when you receive an email from us notifying you that the order has been dispatched. The contract between us will only be formed when we send you this dispatch confirmation. Once we have sent you this dispatch confirmation, you will not be able to amend your order and any cancellations to your order must be made in accordance with the paragraph titled ‘Right of cancellation’ below.

We may not accept your order if Goods are out of stock, if we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.

Acceptance of payment made by you in connection with any products does not represent our acceptance of your order and a legally binding contract is not formed until you receive our order confirmation email and we will not be obliged to supply products to you until then.

The ownership of the Goods will not pass to you until we have received payment of the Total Price in full in cleared funds.

DELIVERY

We shall attempt to have the Goods delivered to the Delivery Address on the Delivery Date, but the time of delivery is not of the essence of this Agreement. We use an independent delivery company for which we are not responsible and therefore cannot guarantee delivery times.

The Goods will be offloaded at the nearest accessible point to the Delivery Address at the discretion of the driver, which may be the kerb side. The driver will not handle the Goods further. The risk of, for example, breakage, loss and damage of the Goods will pass from us to you on completion of delivery.

You must make us aware of any access restrictions or difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the offload and sign for the Goods. If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.

EXAMINATION AND ACCEPTANCE

If there is any damage to the Goods, you must make a note of the damage on the delivery note. If the Goods are not of the correct type, damaged, or an incorrect amount of Goods are delivered to you, the Company must be notified by e-mail (including documentary evidence such as a photograph) within 48 hours of delivery.

If the fault with the order proves to be an error on your part, you will be required to bear the cost of redelivery of replacement Goods and collection of the original Goods.

We will not be liable to you for lost working time or the cost of third party contractors where you (or your contractor) fail to install the Goods correctly or fail to use the correct base, sealants or installation techniques or if the environment in which the Goods are installed is unsuitable. You must check all goods prior to fitting as we are unable to accept any claims after the tiles have been installed.

We may provide extra and/or damaged extra tiles to you free of charge with your order, which may be of use to you. We will therefore only be liable to you if we have not provided you with the quantity of Goods which you ordered in a non-defective and undamaged condition.

RIGHT OF CANCELLATION

Distance Contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made.

You may cancel this Agreement within 7 working days (period of cancellation) beginning the day after you receive the Goods. You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them. If you wish to cancel, you will be liable for the cost of returning the Goods to our warehouse and a re-stocking charge of 50% of the Total Price. To cancel you must let us know in writing that you wish to cancel. You may do this by e-mail to; info@tilecapital.com.

You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care.

THIRD PARTIES

This Agreement is not intended to and does not give any third parties any right to enforce any of its provisions.

DISCOUNT VOUCHERS

Are only valid during offer period and cannot be used in conjunction with any other offer. The use of Vouchers is limited to one per household and excludes Goods on sale. Available whilst stocks last. We reserve the right to remove any offer without prior notice.