Terms & Conditions
Definitions
'The Company' and 'Seller' means bargaintileshop.
'Buyer' and 'Customer' means the person who accepts a quotation from the Seller, for the sale of the Goods or agrees to buy the Goods from the Seller.
'Goods' means the Tiles and other products which the Buyer agrees to purchase from the Seller.
'Order' and 'Contract' means the Order or Contract for the sale and purchase of the Goods between the Buyer and the Seller.
'Price' means the price for the Goods excluding where applicable, carriage, packaging, insurance and Value Added Tax.
'In writing' means a communication by postal letter, email, facsimile and any comparable means of communication.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
General / Online Trade Accounts
1. The Company may revise and update these Terms & Conditions, at any time and without prior notification.
2. Online Trade accounts are made available by the Company to Individual Companies and Tradespersons who meet and can satisfy the online application process. The Company reserve the sole right, to establish the suitability and control the issuing of Online Trade applications.
Pricing
7. The Companies catalogues, price list, website and other advertising material shall not form any part of any contract between the Buyer and the Company.
8. Any information or description of the goods appearing in the Sellers catalogues, brochures and other publications is believed to be correct and current, but is not warranted by the Seller, in so far as any such publication has been compiled from information supplied to the Seller, either by the manufacturer or supplier of the goods. The Seller accepts no responsibility for the accuracy of any such information or description.
9. Prices for items sold on eBay are all subject to VAT.
10. Whilst we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible to give you the option of reconfirming your order at the correct price, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the Company take the action to cancel the order, for standard stock items and you have already paid for the goods, you will receive a full refund.
11. Prices are subject to alteration without prior notification and shall not be binding on the Seller.
Ordering
12. Each Contract between the Seller and the Buyer will consist of the Order, the Terms and Conditions and such other specific terms as the two parties shall agree in writing.
13. The Company uses PayPal to accept payment and requires payment in full before goods are shipped.
14. If Payments are declined or queried by PayPal, the Company cannot accept any liability for any delay, or cost incurred by the Buyer as a result of a delay in the Credit authorisation process.
15. In the event that the express Terms of a contract are in conflict with any Conditions, the Conditions shall prevail.
16. As the number of tiles per square yard and square metre is nominal, the Buyer will be responsible for ensuring sufficient quantity of tiles are ordered.
18. Acceptance of your order and the completion of the contract between the Buyer and the Company will take place upon the despatch to the Buyer of the products ordered, unless we have notified you that we will not accept your order, or you have cancelled it.
19. Orders are accepted and promises for delivery given, conditionally upon our being able to secure the necessary material and /or goods and without responsibility for delays arising through risks and uncertainties of manufacture, strike, accidents, or other causes beyond our direct control.
20. Payment for the goods shall in itself constitute an acceptance of and agreement to these general Terms & Conditions.
21. The Company reserves the right not to supply the Buyer at the Companies sole discretion.
Product Quality / Warranty
22. The supply of goods does not mean that they are suitable for a specific installation. The Company can only be held responsible for any failure against products supplied, to the extent that the manufacturer of such products is prepared to guarantee the same. No tiles are guaranteed against crazing.
23. Some variations in size, shape, manufacturing tolerance, shading and pattern are inherent in the manufacture of tiles and therefore the Seller accepts no liability. All natural stone goods are supplied subject to natural colour and shade variations.
24. Where a significant area is to be tiled, it is the responsibility of the Tiler or Tradesperson to use where possible, goods from a variety of separate boxes to ensure that any batch, colour, shading and quality variances are minimised. Please do this before you start tiling. No claims will be accepted once the tiles have been fixed to the wall or floor.
25. Any fault, quality or shading issue with the tiles supplied will remain the responsibility of the manufacturer. The Company will accept no responsibility for further or subsequent loss or expense, if the tiles are faulty, or not to the acceptance of the Buyer. Any such issues will be passed to the manufacturers, whereby any claims will become solely the manufacturer’s liability, disclaimers or notes printed on boxes or packaging will become the responsibility of the Buyer to read and accept, prior to use or fixing.
26. Any claim by the Buyer, which is based on any defect in the quality or condition of the Goods, or their failure to correspond with specification, shall (whether or not the delivery is refused, by the Buyer) be expected to notify the Seller in writing, within 2 working days, from delivery. If delivery is refused and the Buyer does not notify the Seller accordingly, the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
29. Where any valid claim in respect of any defect in the quality or condition of the Goods, or their failure to meet specification is notified to the Company, in accordance with these conditions, the Company shall be entitled to replace the Goods (or the part under query) free of charge or at the Companies sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price) however, the Company will have no further liability to the Buyer.
This policy does not affect your statutory rights.
Delivery
30. The Company cannot, under any circumstances accept any financial demands from the Buyer for late delivery, incorrect supply of goods, or incorrect delivery. The Company respectfully recommends that the Buyer does not book a tiler or tradesman, until the goods have been delivered to the desired location, signed for and quality checked. The risk in relation to the goods passes to the Buyer at the point of physical delivery, at the time of delivery.
27. Time shall not be of the essence. The Company shall not be liable to the Buyer, or be deemed to be in breach of the Contract by reason of any delay in performing, or if any failure to perform, was due to any cause beyond the Companies reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded, although not exclusively, as causes beyond the Companies control; Act of God, Explosion, Flood, Tempest, Adverse Weather conditions, Fire or Accident, War or threat of War, Sabotage, Civil Unrest, Import / Export regulations and embargoes, Fuel availability, Strikes, Industrial action, Raw material availability, Power failure or disruptions and breakdowns in vehicles or machinery.
28. The Company offer a wide range of standard and special delivery services in conjunction with our own transport and third party contractors. Whilst every effort will be made to deliver goods in line with the desired, requested or committed service, the Company do not accept responsibility for any delay, cost, or consequential loss, how so ever caused for a failed delivery.
29. The Company reserve the right to utilise a variety of transportation services to deliver the goods. Every effort will be made to deliver to the desired and requested point of delivery. However, in circumstances where it is not practical or possible to complete the delivery in this manner, the delivery will be made to an alternative location, appointed and notified to the Company by the Customer, in advance, or to the nearest available location adjacent to the point of delivery.
30. For the purpose of general appreciation / association, the vehicle making the delivery is likely in most cases, to be the comparative size of a Fire Engine, or slightly larger. It is the Buyers responsibility to notify the Company of any circumstances that may affect the delivery of goods using a vehicle of this size. i.e. Parking restrictions, “Red Routes”, Vehicular access due to height or width, narrow roads, road works, gravel or uneven driveways, building sites, high rise apartments (with or without lifts) etc. Failure to communicate relevant information to the Company prior to delivery may result in additional costs for the re-supply being incurred by the Buyer and may also increase the re-delivery lead time.
31. If, due to prior notification from the Buyer, that a smaller vehicle or specialist replacement vehicle is required to complete the delivery, the Company reserve the right to charge the Buyer for the additional costs involved.
32. It is the Companies expectation that the Buyer or the Buyers representative, will be available to sign for the goods at the point of delivery. If goods are delivered without a signature the responsibility for checking the goods is that of the Buyer. Please Note: Due to Insurance and Health & Safety regulations, neither ESL staff, nor the representatives of our Delivery Companies are able to take any goods into a Customers property.
33. Before fixing, the Buyer should ensure that they are satisfied that the goods supplied, are correct to the original order. All items should be thoroughly unpacked and inspected as soon as possible. Should you have any queries or questions at this stage, relating to the supply, damage, shading or any other fault, please contact our Customer Service Team on 01903 786812.
34. The Company must be notified by email or eBay message, within a maximum of 2 working days from delivery relating to any claims by the Buyer relating to any shortage or damage to goods in transit. Failure to communicate problems may result in additional costs for re-supply being incurred and may also increase the re-delivery lead time.
Cancellations
35. If the Buyer cancels the order after despatch, but before physical delivery, the Buyer will be expected to accept delivery of the goods and take responsibility for the return of the goods to the Company. A full refund will be issued for the Goods and the original Delivery charge once the goods have been received and inspected by the Buyer, as being in a resalable condition. The Company will not accept under any circumstances the cost for delivering, or re-packaging of the goods.
36. The company reserve the right to levy a restocking fee upon any returned goods. If goods are to be refunded, this will be deducted from any refund made to the Buyer
