- “Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods.
- “Business Sales” includes selling to a trade, profession or professional body.
- “Company”, “we” and “us” means DeVal Tiles, part of DeVal Bathrooms Limited, a company registered in Scotland under company number SC353656.
- “Consumer Sales” includes selling to any person who is purchasing for purposes outside of their normal business.
- “Customer”, “You” or “Your” means any person, firm or company who purchases from the Company;
- “Delivery Address” means the address at which we agree to deliver the Goods.
- “Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address.
- “Goods” means the products which we agree to provide to you on these terms.
- “Price of the Goods” means the price for the Goods shown as inclusive of VAT and delivery in the case of Business Sales and the prices shown as inclusive of VAT but exclusive of delivery in the case of Consumer Sales.
- “Total Price” means the price for the Goods and any delivery cost inclusive of VAT.
2. Order and Sale
- You order and agree to buy, and we agree to sell, the Goods at the Price, subject to these terms and conditions.
- Products which are not standard and are therefore specifically ordered for you or fabricated for you must be paid for in full before the order/fabrication will be processed and cannot be cancelled after the order/fabrication process has started.
3. Applicable terms, conditions and representations
- These terms are the express terms and conditions governing the Agreement.
- There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and signed by both of us.
- 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.
- It is important that you check your measurements carefully. An order should always include an additional 10% to allow for wastage to cover cutting, minor imperfections, as could be expected with the type of stone and finish ordered, and breakage. If you do not order enough, subsequent Goods (as they are a naturally occurring product) may not be exactly the same as the original Goods.
- We can provide estimates of quantities of Goods but this will be based on general guidelines and the measurements which you have supplied. It is your responsibility to provide accurate measurements to ensure that the correct quantities of Goods are ordered. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required. We will not be responsible for any shortfalls or surpluses.
- Where you are acting other than as a consumer, you confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us that is not expressly incorporated into this Agreement in writing and signed by both of us.
- As we have not carried out a survey or inspection of the installation site of the Goods, we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.
- 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.
- In the case of Business Sales, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply to this agreement between us.
4. Description and samples
- All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
- You acknowledge that the Goods are natural and geological variations will occur in terms of colour, markings, texture, size and between consignments, which are beyond our control. We advise you to view as much of the Goods as possible before entering into this Agreement.
- You should be aware that all of the Goods are porous to some degree and should be sealed. Some may easily be scratched and/or be subject to natural pitting/chipping.
- The goods on delivery should be as described, fit for purpose and of satisfactory quality. If this is not the case, goods will be refunded or replaced, please contact us immediately. This term does not apply to any defect in the goods arising from:
- Fair wear and tear, wilful damage, accident or negligence by you or any third party;
- Use of the goods in a way that we do not recommend;
- Your failure to follow instruction (including instructions about use, cleaning and servicing of the goods) which we have provided to you; or
- Any alterations or repair you carry out without prior written approval.
- The Price is the price indicated as inclusive of any value added tax, and delivery charge.
- The Price is the price indicated as inclusive of any value added tax, but excludes delivery charges, which you must pay in addition.
- We reserve the right to change the Price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increase of the costs of materials and such like. If we change the Price and you are not happy with it, you will be able to cancel your order.
- Products which are not standard and are therefore specifically ordered for you or are fabricated for you cannot be cancelled after the order/fabrication process has started. If we do agree to cancel the order, you will be liable for any reasonable costs incurred.
- Payment is required on placement of your order. Please note that we will not arrange delivery until we are in receipt of cleared funds.
- Payment of all goods must be made in advance BACS Payment, Credit or Debit card. We accept payment with Visa, MasterCard and Maestro payment cards.
7. Delivery & Collection
- The goods will be delivered to the delivery address specified on the order.
- We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not of the essence of this Agreement. We use an independent delivery company for which we are not responsible so we 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.
- 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.
- The cost of delivery is in addition to the Price and subject to VAT.
- If we are not able to deliver the whole of the order at one time for any reason including operational reasons or shortage of stock, we will deliver the order in instalments at no additional charge. If you ask us to deliver the order in instalments, we will charge you the published delivery charge of each consignment.
- We will take reasonable steps to meet the delivery estimate set out on the order (or as otherwise agreed between us in writing) and this should be no later than 30 days from the date of your order if all items are in stock. If an item ordered is out of stock, you will be notified and given an opportunity to change or cancel your order. If you chose to wait for stock having been made aware of the delay, we will estimate an approximate delivery date however occasionally delivery may be affected by factors outside our control and so cannot be guaranteed.
- 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.
8. Risk and Property
- The risk of, for example, breakage, loss and damage in the Goods will pass from us to you on completion of delivery.
- The ownership of the Goods will not pass to you until we have received payment of the Total Price in full in cleared funds.
9. Unpacking, stacking and storing
- Care needs to be taken when unpacking the Goods as the spacers may need to be removed from the packaging before the Goods are lifted out. The Goods should always be stacked and stored vertically (on edge) but not on a hard surface as this may cause unnecessary edge chipping. We cannot be held responsible for damage which occurs after delivery.
- Stone tiles may need to dry out before the installation process begins. You should ask your fitter to advise you if this is the case.
10. Examination and Acceptance
- We take care to ensure that all of our Goods leave us in perfect condition. If there is any obvious damage to the Goods, please make a note of the damage on the delivery note. If the Goods are deemed and proven to be damaged on delivery, by way of documentary evidence such as a photograph, we will bear the cost of re–delivery and replacement Goods. Please note that you will still be required to notify us under clause 10 (b), 10 (c) and 10 (d) (as applicable).
- You must inspect the Goods on delivery to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, you must notify us within 24 hours of delivery for correction, replacement or refund of all or part of the Price (at our option), which will be your sole remedy. If the goods are damaged or of unsatisfactory quality, we reserve the right to request documentary evidence, such as a photograph, in support of your statement. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your only rights and remedies in relation to the Goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.
- If the Goods are not of the correct type or of satisfactory quality, i.e. damaged, you should notify us within 24 hours and we will either refund to you the Total Price or make available replacement Goods (at your option). If the fault with the order proves to be an error on our part, we will bear the cost of redelivery of replacement Goods and collection of the original Goods. 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.
- If an incorrect amount of the Goods are delivered, you should notify us within 24 hours and we will arrange to deliver or make available (as appropriate) the correct quantity of the Goods. If this proves to be an error on our part, we will bear the cost of delivery of the balance of the order. If this proves to be an error on your part, you will bear the cost of delivery of the balance of the order.
11. Limitation of liability
- We will only be liable to you under or in relation to this Agreement or in relation to the Goods if you tell us about any shortfall, proven damage or defect in the Goods within 24 hours after delivery, but not otherwise. We reserve the right to request documentary evidence, such as a photograph, of the damage or fault. If you so notify us, our only obligation to you will be (at our option):
- To make good any shortage or non delivery; or
- To replace or repair any damaged or defective Goods.
- We will not be liable to you for loss of profits or loss of business, depletion of goodwill or for any indirect or consequential loss or other consequential compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the Price.
- We reserve the right to charge a restocking and collection charge for goods returned to us which are not for reasons outlined in clause 11 (a).
- We will be liable for your losses arising out of the provision by us of a shortfall in, or defective or damaged Goods to the extent that such losses are reasonably foreseeable. However, 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.
- Please note that we sometimes 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.
- Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.
12. Right of Cancellation for Consumers
This clause only applies if you are acting for a purpose outside your business and there has been a distance contract.
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 14 working days (period of cancellation) beginning the day after you receive the Goods.
- To cancel you must let us know in writing that you wish to cancel. You may do this by letter or e-mail sent within the 14 days to us at the trading address set out in clause 1. If you tell us verbally you will need to send confirmation in writing within the 14 days.
- You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.
- We ask that you take reasonable care when handling the goods and return the goods unopened and unused.
- Goods should be returned in their original packaging where possible. Where we have sold goods as full boxes, only full unopened boxes can be returned.
- Goods should be returned to us at the address provided, and the cost of returning goods once delivered is at your own cost and risk. Please note, delivery prices are subsidised by DeVal Tiles and therefore the cost of returning products may be higher than you originally paid. DeVal Tiles will not be responsible for this increase in cost. We are not responsible for any loss or damage to any returned goods in transit and as such we recommend that you return the goods through a specialist courier.
- If returned goods are received damaged, we reserve the right to charge you for any damage.
- 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.
- Following cancellation, if goods have not been dispatched we will reimburse you within 14 days. If you are in receipt of the goods we will reimburse within 14 days of the day we receive the goods back; or within 14 days of proof the goods have been returned. Goods will be reimbursed using the same payment method used to place the order.
13. Fixing Products and Installation
- Any advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the 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 do not offer an installation service and it is your responsibility to ensure a professional fitter is carrying out your installation. We strongly recommend that you take up independent references.
- We cannot therefore be responsible for the manner of installation of the Goods or for damage caused during or arising out of installation.
14. Third Parties
This Agreement is not intended to and does not give any third parties any right to enforce any of its provisions.