The following terms and conditions outline the basis upon which Tectum Tiles supply any product(s) listed on our website – www.tectumtiles.co.uk – to you, the customer.
Please read the following terms and conditions carefully and fully before ordering any product(s) from Tectum Tiles via any of our channels.
By ordering any product(s) from us you understand that you agree to be bound by these terms and conditions.
1.1. www.tectumtiles.co.uk is a site owned and operated by Design & IT Ltd registered in England and Wales, company number 7680783. Our registered office is 33 Keighley Road, Oxenhope, West Yorkshire BD22 9HJ
By placing an order with us, you warrant that:
3.1 On submission of placing an order you will receive an email acknowledgement from us that we have received your order. This acknowledgement does not mean that we have accepted your order, only that your order constitutes an offer, by you, to purchase a product(s) from us. The contract between you and us is only formed when we dispatch your goods.
3.2 The contract, when formed, only relates to those goods that we dispatch to you. We will not be obliged to supply any other goods which were part of your order until those goods become available to us for dispatch.
4.1. If you enter into the contract with us as a consumer then subject to clause 4.3 you are entitled to cancel the contract at any point in time within seven working days, beginning on the day after you received the product(s). In this case, and in accordance with our returns policy (clauses 9 & 10) you will be entitled to a full refund of the price paid for the product(s) but you will be responsible for the cost of returning the product(s) to us.
4.2. In order to cancel a contact you must provide us with written notification. You must also return the product(s) to us immediately and in the same condition as to which they were received by you. The return of the product(s) is taken at your own cost and at your risk. You have a legal obligation to take reasonable care of the product(s) whilst they are in your possession. If you fail to comply with your obligation in this matter we have the right of action against you for compensation.
4.3. You forfeit any right to cancel the contact for supply of any product(s):
4.4. This provision does not affect your statutory rights as a consumer.
5.1 An order will be fulfilled by the delivery date indicated in the Dispatch Confirmation, or, if no delivery date is specified then an order will be fulfilled within 30 days of the Dispatch Confirmation date except in situations where there are exceptional circumstances.
5.2 Where goods are delivered as Palletised Shipments the shipment will be delivered as close to your property’s main entrance as practically possible. In situations where your main property entrance is unreachable or impractical for any reason, such as being located along narrow access routes or up flights of stairs, or due to any other obstruction delivery will be made as close as practically possible to your property and at the discretion of the delivery operative.
5.3 For Palletised Shipments we strongly recommend that 2 or more able bodied, adult persons are available to receive delivery of Palletised Shipments, delivered to a location as specified in clause 5.2, in order to transport product(s) into property. We accept no responsibility of damage or injury caused during movement of goods beyond the delivery point as specified in clause in clause 5.2.
6.1 The product(s) will be at your own risk from the time of delivery.
6.2 The ownership of any product(s) will only pass to you upon our receipt of all sums due, and clearance of all sums due, relating to the product(s) including delivery charges.
7.1 The price of any product(s) is that stated on our website, except in the cases of obvious error.
7.2 Prices stated on our website do not include delivery costs which will be added to the total amount due during the checkout process.
7.3 Prices are liable to change at any time but will not affect orders for which we have already sent Dispatch Confirmation notices to you.
7.4 Our website contains a vast and diverse range of product(s) and it is always possible, despite our best efforts, that some of the product(s) may be priced incorrectly. In situations where the product(s) price displayed is higher than the correct product(s) price we will charge you the lower amount when dispatching the product(s). Alternatively in the event of the product(s) price being higher than the price displayed we will either contact you for further instruction prior to dispatch or we will reject the order and notify you accordingly of the rejection.
7.5 All product(s) are to be paid for in full by either Credit / Debit Card or by Direct Bank Transfer. Where payment is made by Credit / Debit card all payments will be debited either through the Stripe or PayPal payment system. For orders where payment is to be made by Direct Bank Transfer a payment reference must be used which matches the order number for which the payment relates to. Product(s) will not be dispatched until transferred funds have cleared in full.
7.6 Any Price Match or Price Promise is offered entirely and soley at our discretion, it is only offered prior to the acceptance of any order. We will always strive to match the price of our competitors if you find the same product(s) at a lower price elsewhere. However we reserve the right to decline the offer to match the price of a competitor and have no obligation to match the price of a competitor once an order has been placed.
8.1 We strive to ensure the product(s) we supply are of the utmost quality and in keeping with their specification. Prior to dispatch items are checked to ensure they meet the required standards. In certain circumstances these checks are carried out by ourselves or in situations where the goods are dispatched on by our suppliers they will be carried out by the suppliers on our behalf.
8.2 In the unlikely event that you, your servant or agent, including installer, discover a defect upon taking delivery of supplied product(s), then not withstanding your rights outlined in 9.1b below, we required written notification to be made to us at the earlier possible opportunity and in any event within 7 days of the date of delivery or such longer periods that we may, in our absolute discretion, otherwise agree to and before any installation work is undertaken.
9.1 In the following circumstances product(s) returns will be accepted:
a. Product(s) returned to us within the 7 day cooling off period will be accepted by us and refunded in full, excluding delivery costs, at the earliest opportunity and, in any case, within 30 days of our receipt of the returned goods subject to the product(s) being returned in an ‘as new’ condition and where practical in their original and undamaged packaging. In meeting these criteria we will refund the full price of the product(s) originally paid. You will be responsible for the cost of returning the product(s) to us (the associated cost of returning products may be higher than the shipping costs of products when purchased as the outbound shipping costs are subsidised by us) and in circumstances where you return the goods, at our expense, we are entitled to charge you the entire cost of returning the product(s) as charged to us by the courier.
b. Defective products will be inspected on their return and the findings will be compared against the dispatch inspection report as outlined in Clause 8. Product(s) found to have been returned to us due to a defect not caused by you, your servant or agent, including installer, will either be:
If we find the returned product to be defective due to a defect not caused by you, your servant or agent including installer we will notify you of our findings at the earliest opportunity and outline the actions to be taken in accordance with those outlined above. In the case of issuing a refund or replacing the defective product(s) we will usually instigate these actions at the earliest available opportunity and in any case within 30 days of the notifications of our findings.
If, upon return, the product(s) have been modified or have undergone any attempted installation you may be responsible / liable for any costs of returning and / or redelivering product(s) that is not in the condition previously stated.
c. Product(s) which are not defective or that you wish to return to us outside of the 7 day cooling off period referred to in clause 4 must be returned to us within 30 days from the date of delivery. Product(s) must be returned to us in an unused condition and where practical in their original, undamaged packaging and at your own expense to reach us within the 30 day period and will be subject to a 25% handling charge. Product(s) must be returned to us in accordance with the Returns Procedure as set out in Clause 10. Upon a product(s) return and in accordance with the conditions of Clause 10 we will then provide an opportunity to select an alternative replacement product or issue you with a voucher for the price paid for the original item excluding delivery costs and applied handling charges. Replacement product(s) issued at a lower value will have the balance issued as a voucher. Replacement product(s) issued with a higher value will be subject to charge of the outstanding balance. Replacement product(s) will be subject to new a delivery charges.
11.1 We warrant that any product(s) purchased from us are acceptably fit for all the purposes and of satisfactory quality for which the product(s) supplied are commonly used.
11.2 The provision of clause 11.3 shall only apply if you are contracting as a business and not as a consumer.
11.3 Subject to clause 11.6:
a. we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and
b. our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the product(s) you have purchased.
11.4 If product(s) purchased from us are to be installed and any defect, as referred to under clause 8.2, is known of prior to the installation or is reasonably expected to be identified and therefore become aware of by the installer on inspection and the installation proceeds then we will not be liable for any costs associated with reinstallation incurred by either you or the installer as a result of the defect.
11.5 In the event of us agreeing to reimburse you for any costs resulting from reinstallation of a product(s), which we determine to have been defective when originally installed and of which the defect could not have reasonably been identified at the point of installation by you or your installer, then any reimbursement of costs will be limited to your installers reasonable costs which may be determined by us and in line with normal industry levels at the specific point in time.
11.6 Nothing in these terms or conditions shall limit or exclude our liability for:
a. death or personal injury caused by our negligence, or the negligence of our employees, agents or sub-contractors;
b. fraud or fraudulent misrepresentation;
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
d. defective products under the Consumer Protection Act 1979;
e. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
We will strive to our upmost to ensure access to, and the availability of our website will be uninterrupted and that delivery of our website will be error free. However due to the nature of the internet and associated technologies this cannot be guaranteed.
Applicable laws state that some of the information or communications we send to you should be in writing. By using our site you accept that communications with us will mainly be via electronic means. We will contact you by email where necessary or by posting notices on our website. For contractual purposes you agree to these electronic communications and you acknowledge and accept that all contracts, notices, information and other communications we provide you electronically comply with any legal requirement that such communications would have in writing. This condition does not affect your statutory rights.
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
16.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happing, omission or accident beyond our reasonable control and includes, without limitation:
a. Strikes, lockouts and other industrial disputes;
b. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
c. Civil commotion, riots, invasion, terrorist attacks or threat thereof, war either declared or not, threat or preparation of war;
d. Impossibility of the use of transport including motor vehicles, railways, shipping, aircraft or any other method of either private or public transportation;
e. Impossibility of the use of public or private communication networks;
f. Acts, decrees, legislation, regulations or restrictions imposed by any government.
16.3 Our performance in accordance with any contract is deemed to be suspended throughout and for the term of any Force Majeure Event. We will strive to use reasonable measures to bring a Force Majeure Event to a close or to find a solution by which we are able to meet our obligations of any contract despite the ongoing Force Majeure Event.
17.1 If we fail at any point during the contract to insist of upon prompt and strict performance by you, in way of any of your obligations under the contract, it does not mean that we have forfeited or given up our rights to your performance of those obligations and we may still require you to comply with your obligations as outlined by the contract.
17.2 If we forgive, in writing, any specific non-compliance by you in relation to your obligations of the contract it does not mean that we forgive any subsequent non-compliance by you in relation to any other obligation you have to the contract.
If any of the terms and conditions outlined is deemed, by a suitable and competent body, to be invalid, unlawful or unenforceable to any extent, in relation to a contract, then that term will be severed from the remaining terms and conditions of the contract which will continue to be enforceable and valid to the fullest extent as permitted by law.
It is our intention to rely entirely upon these terms and conditions and any other document referred to within these terms and conditions in relation to any contract. While we accept responsibility for statements and representations made by our duly authorised agents please ensure you request any variations from these terms and conditions to be confirmed to you in writing and please ensure you keep the said documentation secure for future reference.
We reserve the right to make changes to our website, policies, and terms and conditions at any time. You will be subject to the terms and conditions, and policies, in place at the time the contract is made unless any change to the terms and conditions is required by law or government authority in which case it may apply to orders previously placed by you.
These terms and conditions and any subsequent contract entered into by the purchase of goods through our website are governed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales which means that any dispute brought from or relating to the contract will be subject to the non-exclusive jurisdiction of the courts of England and Wales.