Topps Tiles Website Terms and Conditions of Supply
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 24/09/2014.
These Terms, and any Contract between us, are only in the English language.
- INFORMATION ABOUT US
- We operate the website www.toppstiles.co.uk. We are Topps Tiles (UK) Ltd, a company registered in England and Wales under company number 04781209 and with our registered office at Topps Tiles, Grove Park, Thorpe Way, Enderby, Leicestershire, LE19 1SU. Our main trading address is also Topps Tiles, Grove Park, Thorpe Way, Enderby, Leicestershire, LE19 1SU. Our VAT number is 453 1542 68.
- Contacting us if you are a consumer:
- To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to visit our non-obligatory Cancellation Form, if you use this option we will communicate to you an acknowledgement of receipt of such cancellation without delay. You can also email firstname.lastname@example.org and we will e-mail you by return to confirm we have received your cancellation. You can also contact our Customer Services team by telephone on 0800 783 6262 or by post to Customer Services, Topps Tiles, Grove Park, Thorpe Way, Enderby, Leicestershire, LE19 1SU. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
- If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0800 783 6262 or by e-mailing us at email@example.com
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- Contacting us if you are a business. You may contact us by telephoning our Customer Service team at 0800 783 6262 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.
- OUR PRODUCTS
- All images, descriptive matter, specifications and advertising of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Furthermore, due to the bespoke nature of some of our products, all sizes, weights, capacities, dimensions and measurements indicated on our site may vary. Please also note that tiles are created in batches and some shade variation may occur between batches.
- We also advise you to buy tiles, borders and decors from the same range as these may be sourced from different suppliers which might result in variations.
- Please check your tiles carefully prior to fixing for shade variation, which may include dry laying. If you are not happy with the shade of your tiles, we cannot accept responsibility once they have been fixed; fixing to a substrate means that you have accepted the tiles in their present state so no refunds or replacements will be offered.
- The packaging of the Products may vary from that shown on images on our site.
- USE OF OUR SITE
Your use of our site is governed by our Terms of Website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
- HOW WE USE YOUR PERSONAL INFORMATION
- IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
- As a responsible retailer, we are aware than minors may incorrectly use tools or other DIY products. We do not knowingly sell to children and orders may only be placed by persons 18 or over.
- IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
- We will send you confirmation of your order in writing but this will not constitute acceptance of your order. Our acceptance of the order occurs when the Products are despatched from your local Topps Tiles store, or our warehouse, to you, or you collect the order. The Contract between us will only be formed when the Products are despatched or collected. Your order will be based upon our product prices and delivery charges in force at the time you submit your order. If the prices or charges are different from those published this will be bought to your attention before we accept your order and we will give the option to cancel it.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail or phone and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- OUR RIGHT TO VARY THESE TERMS
- We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
- Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
- We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements
- changes in Topps Tiles internal policies and procedures
- If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- YOUR CONSUMER RIGHT TO CANCEL AND REFUND
This clause 9 only applies if you are a consumer.
- If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.2(a). This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
- However, this cancellation right does not apply in the case of:
- any Products which become mixed inseparably with other items after their delivery
- any Products which have been opened, for example grout or adhesive, unless faulty
- Your legal right to cancel a Contract starts from the date of acceptance as provided for in clause 7.3, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Your Contract is for either of the following:
- one Product which is delivered in instalments on separate days.
- multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
- To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to visit our non-obligatory Cancellation Form, if you use this option we will communicate to you an acknowledgement of receipt of such cancellation without delay. You can also email email@example.com and we will e-mail you by return to confirm we have received your cancellation. You can also contact our Customer Services team by telephone on 0800 783 6262 or by post to Customer Services, Topps Tiles, Grove Park, Thorpe Way, Enderby, Leicestershire, LE19 1SU. We will contact you to arrange a suitable time for collection;
- unless the Product is faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
- Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- REFUNDS & RETURNS
- A 'Return' is classified as occurring after the 14 day cancellation period calculated in accordance with clause 9.3 has expired.
- You can return any resalable Products to us within 60 days of purchase for a full refund (excluding delivery charges). Only full boxes of the same tiles will be refunded, or individual tiles with an RRP of £10+ each. You must return the Products to a Topps Tiles store along with a receipt as proof of purchase and a refund will be made via the original method of payment. Topps Tiles reserve the right not to refund if the Products are deemed as not being in a resaleable condition, if there is no proof of purchase, or if the Products are returned after the 60 day period.
- Some of our Products are classed as Special Order which means that products are custom made or specially ordered for individual customers. These Products carry a restocking charge of 20% of the original price paid for the Product if returned within 60 days. This is not affected by the cancellation policy and if Products are returned within 14 days, no restocking fee is incurred and the full price of the item will be refunded.
- If you cannot get to one of our stores, you can return the Products at your own expense to our Head Office in Leicester. Refunds will only be processed once the Products have arrived with us and we have inspected their condition and deemed them to be suitable for resale. Original delivery charges will not be refunded.
- Any free gifts or Products comprising of an offer (eg 3 for 2) must also be returned.
- Where you purchase Products from us that are defective we shall repair or replace the Products, or refund the price of the Products as long as the damage has not been caused by you. All damaged Products will be replaced on standard delivery at our cost either by delivering into store or having another delivery sent out to you.
- You can return any Products to any Topps Tiles store for an exchange. If the requested Products are not in stock at the time of the exchange, the store will do their utmost to source these for you.
- During our checkout process we ask you to select the store you would like to fulfil the order, as well as the store colleague (if applicable). If you do not select a store, your order will be automatically allocated to the store nearest your postcode. The store will contact you within 24hrs of order placement to arrange delivery, or to advise of a collection date.
- Standard Delivery Costs and Timescales are as follows:
- Delivery on standard orders under £200 is charged at £4.99
- Delivery on orders over £200 are free of charge
- For stocked Products, standard delivery usually takes under four days, although this is a guideline only
- Some of our Products are ordered specially for you so they will take longer - the length of time is dependent on the supplier
- Delivery timescales for each item are on the delivery information tab on the individual product pages
- If you request a next day delivery, you will not be asked to select a store. The order will be sent to our Customer Services team who will check stock in your area and allocate the order to the appropriate store who can fulfil the order within the timescales. The store will contact you within 24hrs of order placement to arrange delivery, or advise of a collection date.
- Special Delivery options:
- Saturday - delivery will take place on the next approaching Saturday until 11am on Friday - orders placed after this time will be delivered on the following Saturday. This option is available on stocked Products only. The cost for Saturday delivery is £20.
- Next Working Day - delivery will take place the day after the order has been placed, when the order has been placed before 11am. Please note this only applies to orders placed Mon-Thurs. Orders placed before 11am Friday will receive their Products on the following Monday. The cost for a Next Working Day Delivery is £20.
- Next Working Day Before Midday - As above, but with the order received before 12noon. The cost for a Next Working Day Before Midday Delivery is £24.
- You must make all arrangements necessary to take delivery of Products when we deliver them in accordance with the stated delivery times for the delivery charge you have paid. If you do not accept delivery of the products or we are unable to deliver or are delayed in delivering products because of your actions or omissions then we may charge you and will be liable to pay us for all costs we incur.
- Do not book a tiler or any other tradesperson until you have received your order. Topps Tiles are not liable for any financial loss to you incurred through late or incorrect delivery.
- Please note that any delivery to postcodes starting DUBLIN, GY, HS, IM, IV41, IV42, IV44, IV45, IV46, IV47, IV48, IV49, IV55, IV56, JE, KA27, KW, PA, PH9, PH15, PH16, PH17, PH18, PH19, PH20, PH32, PH33, PH34, PH35, PH36, PH37, PH38, PH39, PH40, PH41, PH42, PH43, PH44, PH49, PH50, TR21, TR25, ZE will incur a higher delivery cost which is based on your exact location and the Products contained within the order. Please call Customer Services on 0800 783 6262 to arrange, or email firstname.lastname@example.org.
- Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
- INTERNATIONAL DELIVERY
- Unfortunately, we do not delivery to addresses outside the UK.
- You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
- PRICE OF PRODUCTS AND DELIVERY CHARGES
- The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) you ordered.
- Prices for our Products may change from time to time, but changes will not affect any order you have already placed. If a price increase or decrease has come into effect between placing the order and collecting it or taking delivery of it, the original price you paid must still be honoured.
- The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please check clause 11.2.
- Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- If a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
- if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- HOW TO PAY
- You can only pay for Products using a debit card or credit card, or PayPal account We accept the following cards: Visa Credit and Debit, Maestro, Solo, Mastercard, American Express.
- SAMPLE ORDERING
- You can order up to six samples in any one transaction on the website. Please note you may not add multiple samples of the same tile.
- Topps Tiles reserves the right to cancel multiple sample orders from the same customer, which may be identified by name, address or payment method used.
- Samples are charged at the price per individual tile.
- Delivery on all sample orders is free of charge. Sample orders can generally be sent to all areas of the UK but if the sample is too large (ie over 20x20cm) we may not be able to fulfil the order and may have to cancel and refund. You will be notified by phone or email in this instance.
- When an order contains only samples, the order is fulfilled by our central warehouse. When a standard order contains samples, the order is fulfilled by your local store and the sample tiles will be received as part of the large order.
- To return any sample tile you must take it back to store within 60 days of purchase along with a receipt as proof of purchase, and you will be entitled to a full refund. If your sample has arrived damaged, please email email@example.com or call 0800 783 6262 to arrange a refund or replacement.
- Sample orders are despatched by 2nd Class Royal Mail, or via courier service if the sample is too large to post.
- MANUFACTURER GUARANTEES
- Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
- If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- OUR LIABILITY IF YOU ARE A BUSINESS
This clause 17 only applies if you are a business customer.
- We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 17.2, our total liability to you in respect of all 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 Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- OUR LIABILITY IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
- An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
- COMMUNICATIONS BETWEEN US
- When we refer, in these Terms, to "in writing", this will include e-mail.
- If you are a consumer you may contact us as described in clause 1.1.
- If you are a business:
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
- OWNERSHIP OF RIGHTS
- All rights, including copyright, in this website are owned or licensed to us. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, distribute or re-post something on this website for any purpose.
- DATA PROTECTION
- Topps Tiles (UK) Ltd is part of the Topps Tiles Plc group of companies. Topps Tiles (UK) is committed to protecting your privacy and fulfilling its obligations under UK Data Protection Laws. Topps Tiles Plc and its Group Companies will use your personal information in order to inform you of its offers, news and new brochures and for profiling your purchasing preferences and other marketing purposes. We may disclose your information to our service providers and agents for these purposes. We may keep your information for a reasonable period to contact you about our services in the future.
- Topps Tiles Plc may share your information with other Companies in our group and other organisations who are our business partners. We or they may contact you by mail, telephone, SMS, fax or email to let you know about any Products, services or promotions which may be of interest to you.
- The Data Protection Act puts obligations on users of personal information and details principles for its use. There are eight principles in the Act that Topps Tiles Plc is obliged to conform to. The Act requires Companies which process data to notify the Information Commissioner describing the purposes for which they process personal information. The details are publicly available from the Commissioner's Office at House Lane, Wyecliffe Water, Wilmslow, Cheshire, SK9 5AF, tel. 01625 545745.
- These principles for processing data are:
- Personal data must be processed fairly and lawfully.
- Personal data must be obtained only for specified and lawful purposes.
- Personal data must be adequate, relevant and not excessive.
- Personal data must be accurate and kept up to date.
- Personal data must not be kept longer than necessary.
- Personal data must be processed in accordance with the rights of data subjects.
- Must have measures against unauthorised or unlawfully processing of personal data.
- Personal data must not be transferred to a Country or territory outside the EEA without adequate protection or explicit consent.
- Promotional offer entitles customers to a discount of up to one third off a products original price. Selected products only are included in this promotion and the level of discount applied to each product may vary. Offer available whilst stock last. Discount cannot be used in conjunction with any other offer including Trade Discount. Promotional offer available at all Topps Tiles stores and online at www.toppstiles.co.uk. Up to one third off promotion ends Tuesday 16th December 2014. Promoter reserves the right to refuse or withdraw the offer at any time. The promoter is Topps Tiles PLC, Thorpe Way, Grove Park, Leicester, LE19 1SU.