Topps Tiles Terms and Conditions of Business

About our terms of business

This page contains our general terms and conditions of business with our customers. We refer to them as the ‘Our Terms of Business’. You agree to Our Terms of Business as a condition of visiting our Topps Tiles stores and/or our website, as applicable. In addition, each time you order products from us online or purchase products from a Topps Tiles store, that creates a separate contract between you and us concerning the individual order or purchase (we refer to that as a ‘Purchase Contract’).

In addition, the following policies apply as shown below and they form part of the Our Terms of Business:

1. Delivery and Collection policy

2. Cancellations and Returns policy

3. Privacy policy

4. Website Acceptable Use policy

5. Cookie policy

6. Competitions and Promotions Terms and Conditions

7. Complaints Process

Policy	What it covers	Applies when you visit our website or buy from our website	Applies when you visit a Topps Tiles store or buy from a Topps Tiles store
Delivery and Collection Policy	This tells you about our delivery service, including delivery times and delivery charges.	Yes	Yes
Cancellation and Returns Policy	This tells you about your rights to cancel a contract made online and to return unwanted or faulty products. Time limits apply, after which you cannot cancel, return or receive a refund.	Yes	Yes
Privacy Policy	This tells you how we keep information about you private, how we may use it and your rights.	Yes	Yes
Website Acceptable Use Policy	This tells you about how you can use our website.	Yes	No
Cookies Policy	This tells you about how we use cookies (a small data file that is placed on your computer or other device) to improve your experience whilst using our website and your rights.	Yes	No
Competitions and Promotions	This tells you everything you need to know about our current Competitions and Promotions.	Yes	Yes

ABOUT US

We are Topps Tiles (UK) Limited, a company registered in England and Wales with company number 04781209. Our registered office is at Grove Park, Thorpe Way, Enderby, Leicestershire, LE19 1SU. Our VAT number is 453 1542 68. In Our Terms of Business, we may use ‘Topps Tiles’, ‘we’, ‘us’ or ‘our’ to refer to Topps Tiles (UK) Limited.

We are authorised by the Financial Conduct Authority to provide regulated products and services (registration number 738067).

ABOUT YOU

You (in Our Terms of Business, we may use ‘your’ to refer to you) are a customer or potential customer who visits one of our stores, or visits our website and/or buys products from our stores and/or through our website. You may be a person, firm or company. If you are a firm or company, you confirm that whoever deals with us has authority to do so and to agree to Our Terms of Business on behalf of the company or partners in the firm.

CONSUMER or TRADER?

Depending on your circumstances, you will be either a ‘Consumer’ or a ‘Trader’ for the purposes of Our Terms of Business when you have dealings with us. Some parts of Our Terms of Business apply differently depending on whether you are a Consumer or Trader. Our Terms of Business make it clear when there is a difference.

You will be a ‘Consumer’, if you are an individual acting for purposes that are wholly or mainly outside of your trade, business, craft or profession. For example, if you are a homeowner doing your own ‘DIY’ project for your own home, or you employ a tiler to do work on your own home.

You will be a ‘Trader’ if you are a person acting for purposes relating to your trade, business, craft or profession, whether acting personally or through another person acting in your name or on your behalf. For example, if you are a tiler or a builder doing work on someone else’s home.

IF YOU HAVE A QUESTION If you have a question about Our Terms of Business or any of our Policies, please contact us. We recommend you keep a copy of Our Terms of Business for future reference.

REVISIONS

We have the right to revise Our Terms of Business and our Policies from time to time. Please check back regularly, to see the latest versions. Our Terms of Business were most recently updated on 1st October 2019.

HOW TO CONTACT US Please see our Contact Us page.

DOING BUSINESS WITH US

1. SAMPLES (Consumer, Trade, Online, In store)
  1. You may buy up to twenty different samples at a time, instore or online. However if you try to buy multiple samples of the same tile, we have the right to decline to supply them and/or cancel your order and refund any payment made.
  2. Delivery for samples ordered online is free of charge, using our Standard Delivery Service; see our Delivery and Collection Policy for more on delivery.
  3. You may return samples to a store within 30 days of purchase, for a refund (except for cut sample tiles). For more, see our Cancellation and Returns Policy.
2. DESCRIPTION (Consumer, Trade, Online, In store)
  1. Images and descriptions used instore or online are to help illustrate the use of our products. Printed material and computer displays may not accurately show colours, textures or finishes. We recommend that you visit a store and/or obtain samples before buying.
  2. Naturally, due to the manufacturing processes and natural materials used in many of our products, there may be variations in the size, colour, shade and texture between individual tiles, or between batches of products; and sizes, weights, capacities, dimensions and measurements indicated on our site may vary too.
  3. Naturally, products may be porous, subject to veining, prone to staining, prone to pitting and/or prone to change their appearance and/or performance over time.
  4. Packaging may vary from that shown on images.
3. CHOOSING AND BUYING (Consumer, Trade, Online, In store)
  1. You are responsible for deciding what you need and in what quantities. We recommend that you:
    1. select products with a suitable specification for your intended use;
    2. buy enough for your whole project and allow for tolerances in estimating quantities, wastage and breakage. Buy tiles, borders and decors from the same range.
  2. Please keep your receipt as proof of purchase.
  3. Online, you may check your order and amend any errors before placing an order online (we recommend that you do this). We confirm receipt of all orders by email (this does not commit us to accept the order).
  4. Online, we accept an order when the products are dispatched to you or you collect them. Until then we have the right to cancel for any reason and if we do so we will refund what you have paid.
4. IN STORE CONSUMER CREDIT (Consumer, In store)
  1. In store, credit is available subject to status and is provided by Klarna Financial Services UK Limited.
    1. 12 month credit terms require a minimum spend of £400, 24 months £800 and 36 months £1,200 of which, for all terms, a deposit of 10% must be paid directly to Klarna at the point of application. Credit terms available for 12, 24 or 36 months and pay in three are available in all Topps Tiles stores only across the UK from Tuesday 1^st June 2021. The maximum value is £5,000 across all possible term lengths.
    2. We act as a credit broker not a lender and only offer credit products for Klarna Financial Services UK Limited.
    3. Klarna Financial Services UK Limited, is authorised and regulated by the Swedish Financial Services Authority, with limited supervision by the Financial Conduct Authority and Prudential Regulation Authority in the UK. For more information, please visit https://www.klarna.com/uk/. Finance is only available to UK residents over 18, subject to status.
5. ONLINE CONSUMER CREDIT (Consumer, Online)
6. DELIVERY AND COLLECTIONS (Consumer, Trader, Online, In store)
  1. See our Delivery and Collection Policy for details of our delivery service and costs and for details of how you may collect products from a store.
  2. When we give a date for delivery or collection, this will be an estimate and is not guaranteed as a firm date. Time is not of the essence. To avoid disappointment and wasted costs, we recommend that you do not make any firm arrangements to use products (for example, arranging a time for a tiler to fit tiles) until you have received them. Otherwise, for example, you may have to pay a tiler for their wasted time and we will not be responsible for reimbursing this cost.
7. PROMOTIONS;(Consumer, Trader, Online, In store)
  1. We may make promotional offers available. Details of current promotions will be displayed instore and/or online, as applicable and the following will apply in addition:
    1. promotions may be limited to particular products, particular time periods, particular stores and online only;
    2. we do not guarantee to keep products in stock throughout the period of a promotion;
    3. discounts (for example up to a third off) will be against the price we charged immediately before the promotion began (not off the price we may have charged at some other time or the price other retailers may charge for the same or an equivalent product) and different discounts may apply to different products;
    4. discount codes (for example Voucher Codes) will be applied against the designated products and for the designated validity period given for the particular discount code and discount will be against our prevailing price when you buy (not the price we may have charged at some other time or the price other retailers may charge for the same or an equivalent product) during the validity period of the particular discount code;
    5. free products (for example buy five and get the sixth free) will be given only when the specified minimum quantity of products in the promotion are purchased at the same time and the free product will be the lowest priced product;
    6. unless we say otherwise for a particular promotion, promotions cannot be used in conjunction with any other offers, discounts or promotions, apart from Trade discount;
    7. if you return a product that was purchased as part of a discount promotion, we will refund the price you actually paid (not the full price);
    8. if you return products that were purchased as part of a free products promotion (for example. buy five and get the sixth free), or which entitled you to a free gift, you must return the free products and/or free gift as well as the products you paid for;
    9. we have the right to amend or withdraw promotional offers at any time;
    10. some promotions (for example Voucher Codes) may be run in conjunction with third parties and you may have to agree to their terms and conditions in order to benefit from them.
8. TILE TALK (Consumer, Trader, Online, In store)
  1. Our Tile Talk free prize draw is open to all customers resident in the UK and aged over 18, even if you do not make a purchase. Employees of Topps Tiles, their immediate family and any other person or business that is associated with this promotion are excluded.
  2. For a chance to win, please complete the entire survey via www.TILETALK.co.uk or online via www.TileTalkOnline.co.uk by 23:59:59pm on the final day of the month. The prize draw for the next month will be open at 00:00:01 on the first day of the month. Entry can be made via the email link, QR code, receipt link, Topps Tiles website or the URL above.
  3. Entry is dependent on fully completing an application within the applicable period.
  4. Winners will be selected in a random draw conducted monthly, from all valid entries. A single prize of £250 cash is awarded each month. This will be paid directly to the winner to a UK bank account, within 14 days of the draw.
  5. Only one entry per person per month will be accepted. Anyone making multiple entries will be disqualified. No third-party entries will be accepted.
  6. Winners will be notified by telephone or email within 7 days of the draw. Those not contactable within 72 hours may be disqualified at our discretion and we may repeat the draw and award the prize to another entrant.
  7. Entry into the promotion is subject to Our Terms of Business. Any breach of Our Terms of Business may result in an entrant being disqualified at our discretion.
  8. Data collected from the entry will be processed in accordance with our Privacy Policy.
  9. We have the right to end the Tile Talk prize draw at any time.
9. EMERGENCY SERVICES, NHS & MILITARY DISCOUNT (Consumer, Online)
  1. Show your valid Blue Light Card, NHS ID Card, Defence Privilege Card or MOD90 Armed Forces Card to receive a discount.
10. INSTALLATION AND SAFETY (Consumer, Trader, Online, In store)
  1. Check tiles carefully before fixing them. Look out for variations in shade. We cannot replace tiles once they have been cut, had adhesive or other chemicals applied or been fixed to a substrate, for example a wall or floor. For more see our Cancellation, Returns and Refunds Policy.
  2. The products we sell may be hazardous, especially if misused. Take care when handling (especially when lifting or using chemicals). Follow the manufacturer’s instructions and warnings. Use appropriate safety equipment, tools and procedures including any recommended by the manufacturer. Only use products for their recommended application.
  3. An adult should supervise anyone under the age of 18.
  4. We do not knowingly sell to children and orders may only be placed by persons 18 or over.
11. CANCELLATION AND RETURNS
  1. Our Cancellation and Returns Policy explains your rights to cancel orders, return products and receive refunds.
12. AFTER CARE (Consumer, Trader, Online, In store)
  1. Some products need regular care and attention (for example maintenance, cleaning or treatment) to maintain their look, performance and safety features. Follow the manufacturer’s instructions and warnings. Use appropriate safety equipment, tools and procedures including any recommended by the manufacturer.
13. PRODUCT GUARANTEES (Consumer, Trader, Online, In store)
  1. Where products come with a manufacturer's guarantee enforceable by you, the benefits are in addition to your rights under Our Terms of Business.
14. RESOLVING ANY PROBLEMS (Consumer, Trader, Online, In store)
  1. If you are not entirely satisfied with your purchase, please contact our Customer Services team. We will try to resolve any problems as quickly as we can. If necessary, we will explain how you can use our complaints procedure.
15. NO RE-SALE (Trader, Online, In store)
  1. We only sell products to Traders to use for the benefit of your own customers as end users, not for onward sale. You agree not to re-sell any products you buy from us and should you try to do so, we have the right to cancel the sale or order (if we do we will refund the price you paid and we will have no further liability to you in connection with the cancellation). You may be able to return any unwanted products. See our Cancellation, Returns and Refunds Policy.
16. TILER HUB (Consumer, Trader, Online, In store)
  1. Our Tiler Hub provides a message board for Traders to advertise their services and for Consumers to leave reviews. The appearance of a listing in our Tiler Hub is not an endorsement, approval or recommendation by us of the Trader or the truth or accuracy of any information posted. We accept no liability for any workmanship undertaken or any transactions, which take place between you and any person, firm or company listed on our Tiler Hub.
  2. If you have any concerns about content on our Tiler Hub, please contact us and tell us
17. DATA AND PRIVACY (Consumer, Trader, Online, In store)
  1. We are committed to using information that we collect from and about you fairly and properly.
    1. We will sometimes need to collect and use information about you (for example your name, address and phone number) to help you when you are choosing and buying products or receiving customer support services.
    2. We may share information about you with third parties who support us (for instance when we arrange deliveries) or help us find ways of improving our products.
    3. When you use our website, we will need to interact with your computer or mobile device and collect information from it (for example, the internet protocol (IP) address).
    4. We may ask you to share information with us so that we can keep in touch and provide you with information about our products and services.
  2. How we do all this and your rights are all set out in our Privacy Policy. This explains what choices you can make about sharing information about you, with us.
18. INTELLECTUAL PROPERTY RIGHTS (Consumer, Trader, Online, In store)
  1. The intellectual property rights (including copyright, rights related to copyright such as moral rights, patents, rights in inventions, trademarks, geographical indications, service marks, trade names, design rights, rights in get-up, domain names, business names, rights in computer software, database rights, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature) in or to our website, products we offer for sale and material (for example artwork, photographic work) displayed in our stores and/or on our website and/or our social media accounts (for example, Facebook, Instagram and Twitter) will be owned by us, or owned by a third party and used by us with their permission.
  2. Such intellectual property rights may not be used, modified, copied, stored or shared by you or by anyone on your behalf, except with our written permission and in the case of social media, in accordance with the terms and conditions of the social media service provider.
19. RESPONSIBLE CUSTOMER CONTENT (Consumer, Trader, Online, In store)
  1. We welcome your opinions and feedback whether posted to our Tiler Hub or social media. All content and comments submitted by you must be contributed responsibly and respectfully and feedback on traders must be a true reflection of the work done.
  2. Posting to our website or social media accounts anything that in our opinion is obscene, derogatory, defamatory or otherwise unsuitable is prohibited and we have the right to remove it or have it removed.
20. WEBSITE AND COMMUNICATIONS SYSTEMS (Consumer, Trader, Online, In store)
  1. Use of our website is subject to our Acceptable Use Policy.
  2. We use reasonable endeavours to ensure that our website, email and other communication systems are generally available, but we have the right to suspend service and restrict or prevent access (temporarily or permanently), for example to carry out maintenance or for security reasons, or due to misuse.
  3. We are not responsible for and shall not be liable for the availability or content of third-party websites and other resources that can be reached through links from our website or social media content

THE LEGAL STUFF

1. APPLICATION OF OUR TERMS OF BUSINESS - CONSUMERS (Consumer, Online, In store)
  1. Our Terms of Business, including any document expressly referred to (for instance our Policies) form the agreement between you and us.
2. APPLICATION OF OUR TERMS OF BUSINESS - TRADERS (Trader, Online, In store)
  1. Our Terms of Business, including any document expressly referred to (for instance our Policies) form the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to their subject matter.
  2. You acknowledge and agree that in entering into any Purchase Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in or referred to in Our Terms of Business.
  3. You acknowledge and agree that when entering into any Purchase Contract, unless we have agreed otherwise in writing, Our Terms of Business apply to the exclusion of all other terms and conditions, including any that you may try to apply or impose.
3. INTERPRETATION OF OUR TERMS OF BUSINESS (Consumer, Trader, Online, In store)
  1. A reference to you or us includes personal representatives, successors and permitted assigns, where applicable.
  2. A reference to a 'person' includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.
  3. Words in the singular include the plural and vice versa.
  4. Any words that follow 'include', 'includes', 'including', 'in particular' or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words.
  5. The paragraph and other headings are included for convenience only and shall have no effect on the interpretation of Our Terms of Business.
  6. Reference to legislation is a reference to that legislation as in force as at the date of Our Terms of Business or amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under Our Terms of Business.
4. EVENTS OUTSIDE OUR CONTROL (Consumer, Trader, Online, In store)
  1. We will not be liable or responsible for any failure or delay in performing any of our obligations when that failure or delay is wholly or partly due to:
    1. any act, omission, event or circumstance 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, natural disaster, interruption to telecommunications networks (whether domestic, international, public or private), interruption to transport systems, including roads, railways, shipping, ports and other goods interchanges, airfreight, airports, fuel supplies (whether domestic, international, public or private); and/or
    2. any act, omission, event or circumstance resulting from the UK’s exit from the European Union.
5. TRANSFERRING RIGHTS (Consumer, Trader, Online, In store)
  1. We can transfer our rights under any Purchase Contract or otherwise arising under Our Terms of Business, to another person, firm or company without your permission, but this will not affect your rights. You can only transfer your rights under any Purchase Contract, or otherwise arising under Our Terms of Business, to another person, firm or company if we first agree to it in writing. Neither you nor we can transfer obligations arising under Our Terms of Business without the other’s written permission.
6. GOVERNING LAW, THIRD PARTY RIGHT AND ENFORCEMENT OF RIGHTS (Consumer, Trader, Online, In store)
  1. English law governs Our Terms of Business. The courts of England and Wales have exclusive jurisdiction over any dispute, difference or claim arising out of or in connection with Our Terms of Business, including the subject matter or formation of any Purchase Contract.
  2. You can only bring legal proceedings against us in the courts of England and Wales (unless you are a Consumer – see paragraph 27).
  3. Our Terms and Business and any Purchase Contracts made under them are between you and us. No one else is intended to have any rights under Our Terms and Business or any Purchase Contract, whether under the Contracts (Rights of Third Parties) Act 1999 or other applicable principles of law having a similar effect.
  4. Each paragraph and sub-paragraph of Our Terms of Business 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.
  5. If we fail to insist that you perform any of your obligations under any Purchase Contract or otherwise arising under Our Terms of Business, or do not enforce our rights against you or 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. We will only waive our rights in writing and if we do, that will not mean that we will waive any other rights not expressly waived by us.
7. GOVERNING LAW - ADDITIONAL RIGHTS FOR CONSUMERS (Consumer, Online, In store)
  1. Consumers may also bring legal proceedings against us:
    1. if resident in Northern Ireland, in the courts of Northern Ireland;
    2. if resident in Scotland, in the courts of Scotland.
8. LIABILITIES - GENERAL (Consumer, Trader, Online, In store)
  1. Nothing in Our Terms of Business limits or excludes our liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation;
    3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
    4. defective products under the Consumer Protection Act 1987.
9. LIABILITIES - CONSUMERS ONLY (Consumer, Online, In store)
  1. For Consumers, in addition to paragraph 28:
    1. nothing in Our Terms of Business limits or excludes our liability for 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
    2. If we fail to comply with Our Terms of Business, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of Our Terms of Business 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 you and we contemplated it at the time we entered into this Purchase Contract.
10. LIABILITIES - TRADERS ONLY (Trader, Online, In store)
  1. 1. For Traders, subject to paragraph 28. We will not be liable to you on any basis (whether in contract, tort (including negligence), breach of statutory duty, or otherwise), including under or in connection with any Purchase Contract, for:
      1. any loss of profits, sales, business, or revenue;
      2. loss or corruption of data, information or software;
      3. loss of opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill;
      6. distress or inconvenience; or
      7. any indirect or consequential loss;
  whether or not the possibility of the same occurring was brought to your attention, or foreseeable. Except as expressly stated in Our Terms of Business, 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 Our Terms of Business 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
  1. Without prejudice to paragraph 28, our total liability to you on any basis (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) in connection with Our Terms of Business, including under or in connection with any Purchase Contract, shall in no circumstances exceed:
    1. under or in connection with a Purchase Contract, the total amount paid for products and services under the Purchase Contract; and otherwise than in connection with a Purchase Contract;
    2. £10,000 per event, circumstance or series of connected events or circumstances giving rise to liability.

TRADE MEMBERSHIP INCLUDING REWARDS+

GETTING STARTED (Trader, Online, In store)
1. Most Traders resident in the UK and aged 18 or over may register for a Trade membership account instore or online. By registering for and each time you purchase using your Trade membership account, you are confirming that you accept Our Terms of Business.
2. We do not allow Traders who work for our competitors or who break or fail to observe Our Terms of Business (for example, by re-selling products purchased from us) and we have the right to reject an application or cancel a Trade membership account of a Trader who does any of these things.
3. Once registered:
  1. you will receive a Rewards+ loyalty card and Rewards+ points on eligible products at a rate we set from time to time;
  2. you will be entitled to Trade discount off the price of eligible products at the rate or rates that we set from time to time; and
  3. you will be entitled to receive other benefits that we provide from time to time, such as invitations to exclusive trade events at your local store and access to trade credit (subject to status).
4. At your request and if you provide such further information as we require, we may issue additional Rewards+ loyalty cards to your business partners or employees to use on your behalf. Any Rewards+ points earnt with such loyalty cards will accrue to your account (not for the account of the user). You will be liable to us for the use and misuse of such additional loyalty cards as if they were issued to and used by you. You can cancel any additional loyalty cards by returning them to us; see how to contact us
EARNING REWARDS+ POINTS (Trader, Online, In store)
1. Present your loyalty card in store or login to your Trade membership account online when making a purchase or placing an order, to earn Rewards+ points.
2. Rewards+ points will be added to your Trade membership account 24 hours after all products within any order have been collected or delivered, at the date of publication of Our Terms of Business, at the rate of two Rewards+ points for every full £1 (GB Sterling) spent (excluding any payment or part payment made using redeemed Rewards+ points). This includes products for your customers (you must be using or fitting the products purchased by the end consumer in order to be eligible to receive the points).
3. The corresponding number of Rewards+ points will be deducted from your trade member accounts should you return anything for which you had received Rewards+ points.
USING REWARDS+ POINTS (Trader, In store)
1. Rewards+ points can be redeemed by the Trade membership account holder in our stores (not on our website) against eligible products at a conversion rate of 1 point = £0.01p (GB Sterling). REWARDS+ products can be purchased at a discounted price by redeeming the exact number of Rewards+ points quoted for that product. If your Trade membership account has insufficient points you can pay in both cash and points for the Rewards+ product in which case the standard conversion of 1 point = £0.01p shall apply. The Loyalty card must be presented instore to redeem points.
2. Any payments for products made using redeemed Points will not be eligible to accrue further Points.
TRADE MEMBERSHIP ACCOUNT MANAGEMENT (Trader, Online, In store)
1. If your Trade credit account is suspended for any reason, we may suspend your Trade membership account too.
2. We will deduct Rewards+ points from your Trade membership account where:
  1. Rewards+ points have been allocated to your account in breach of Our Terms of Business or in error;
  2. Rewards+ points have not been redeemed within 12 months starting with the month after they were awarded;
3. We will credit your Trade membership account with the appropriate number of Rewards+ points where products purchased with your Rewards+ points are returned.
4. Rewards+ points are not transferable.
5. Where products have been purchased via cash or card and Rewards+ points, Topps Tiles shall be entitled to credit the amount of refund to the cash or card in priority to crediting the Trade Member’s account with the amount of refund in Rewards+ points.
6. Where products have been purchased by way of cash or card the number of Rewards+ points that will be deducted from the Trade Member’s account will be calculated by reference to the number of Rewards+ points you would have been entitled to on the value of the original spend on the transaction after such refund has been processed.

TOPPS TILES TRADE TERMS AND CONDITIONS

Valid from 1^st March 2023

Definitions

In these Terms and Conditions the following words and phrases have the following meanings:“Account” the Topps Tiles Trade Credit Account that You hold;“Agreement” the application form for an Account as filled in by You together with these Terms and Conditions;“Authorised Account Holder” means the employees or contractors that You have authorised to use the Account;“Business Day” means Monday to Friday other than a day which falls on a public holiday in England;“Business Hours” means 9.30am to 4pm GMT Monday to Friday other than on a public holiday in England;“Due Date” is defined in clause 5.2;“Goods” goods that can be bought using the Account from the Store;“Group Company” means any company which is a subsidiary, holding company or a subsidiary of its holding company, where a company is a subsidiary of another company (its “holding company”) if that other company holds a majority of the voting rights in it, is a member of it and has the right to appoint or remove a majority of its board directors, or is a member of it and controls alone, pursuant to an agreement with other shareholders or members, a majority of the voting rights in it or if it is a subsidiary (as defined above) of a company which is itself a subsidiary of that other company;“Store” a specified store operated by Topps Tiles Plc or any of its Group Companies that is authorised by Us to accept payment under the Scheme to purchase Goods; "REWARDS+” a loyalty scheme offered by Us awarding points for loyalty to customers purchasing Goods from Topps Tiles Plc; “Sales Receipt” a till receipt or e-receipt; “Scheme” the Topps Tiles Trade Credit Account scheme under this Agreement; “Scheme Address” Postal address: TradePay, Topps Tiles PLC, Thorpe Way, Grove Park, Enderby, Leicestershire, LE19 1SU. Email address: [email protected] “Terms and Conditions” these terms and conditions relating to the Scheme; "Topps Tiles Signatory” means a person authorised by Topps Tiles Plc; “Us”, "Our" or “We” Topps Tiles Plc; “You” the business in whose name the Account is held.
The Agreement and Authorisation
1. This Agreement is between You and Us.
2. When you apply for an Account under this Scheme, You confirm that You are doing so in the course of a business and not as a consumer and that You agree to be bound by these Terms and Conditions and that You have the authority to bind the business on whose behalf the Account is to be opened and used.
3. The signature by an Authorised Account Holder of a Sales Receipt at the point of payment or the signature of the goods receipt note upon collection of goods constitutes acceptance by You that the details shown on the Sales Receipt are true and accurate in all respects.
4. By entering into this Agreement, You undertake to pay for Goods on the receipt of invoices from Us.
Termination
1. You may terminate this Agreement at any time by giving Us 14 days written notice.
2. We may terminate this Agreement (or at our discretion suspend) your Account immediately if, in our opinion, the results of a credit check referred to in clauses 4.1 and 8.4 are not satisfactory.
3. We may terminate this Agreement at any time by giving You 14 days’ written notice.
4. We may terminate the Agreement with immediate effect if (a) You become insolvent, go into compulsory or voluntary liquidation, You have a receiver or administrator or administrative receiver appointed over all or part of Your property or business or You are declared bankrupt (as appropriate), (b) You fail to pay any sums due to Us within 7 days of the Due Date or You otherwise breach any other term of this Agreement, (c) You exceed Your credit limit as determined pursuant to clause 4.3 at any time or (d) the Scheme ceases to operate for any reason.
5. In the event that this Agreement is terminated for any reason (a) the total outstanding balance on Your Account shall become immediately due and payable by You in full and cleared funds together with any interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 then due; and (b) the right to use the Account shall automatically stop.
6. You must immediately notify Us at the Scheme Address of any change of name, address, contact details and bank details or commercial status that You undergo.
Use of the Account
1. Once (a) Your completed application has been accepted for an Account and (b) we have completed a satisfactory credit check on You, your Account will be opened.
2. Each Account will include Your name and may also record the Authorised Account Holders names associated with Your Account. You will also be given a unique PIN to use at Store.
3. The Account will be valid for the purchase of Goods at participating Stores up to any maximum aggregate credit limit placed on Your Account as notified by Us at the time of Your application. We may at any time increase or decrease the credit limit applied to Your Account by notifying You.
4. You may order and reserve Goods using your Account, up to Your credit limit, and will not be invoiced for the Goods until they are despatched or collected by You.
5. You are responsible for ensuring that the Account is:
  1. properly activated prior to use;
  2. Your PIN is kept securely and confidentially;
  3. Your PIN is only used by Authorised Account Holders; and
  4. only used to buy Goods.
6. You must ensure that the Authorised Account Holder checks that all the details of each transaction recorded on the Sales Receipt are accurate.
7. You must take and ensure that all Authorised Account Holder’s take all reasonable steps to prevent misuse of the Account and to identify any unauthorised or fraudulent activity relating to the Account. These steps should include:
  1. checking all invoices as soon as You have received them and checking all transactions made on Your Account on at least a weekly basis for any unusual, suspect or unauthorised activity;
  2. promptly investigating any suspect/unusual transactions that We tell You about;
  3. ensuring Your PIN is not shared with individuals who are not Authorised Account Holders;
  4. promptly changing the PIN if the Authorised Account Holders change or leave Your business;
  5. promptly notifying Us if You suspect that Your Account has been used fraudulently. This might include for example, use by a person that is not an Authorised Account Holder.
Payment
1. Unless the sale is for cash, or other credit terms have been agreed in writing with a Topps Tiles Signatory, where You use Your Account to purchase Goods at a Store, all Accounts are due for payment on the last day of the month following the month in which the Goods are invoiced.
2. On the last day of each month You will be issued with a statement (showing Goods purchased in that calendar month) and an invoice specifying the amount to be paid by You within 30 days of the date of the invoice (“Due Date”). The statement and invoice will include details of the date, time, Store, description of the Goods bought and value (excluding and including VAT) of each transaction.
3. A charge of £5 + VAT per invoice may also be made (in our discretion) for any duplicate invoices requested that are over 12 months old.
4. All sums owing under this Agreement shall be paid by You at the Store, by direct debit, debit card or online bank transfer.
5. If You wish to dispute any sums invoiced by Us, you must do so in writing within 14 days of the date stated on the relevant invoice. At your written request, We will provide copies of Sales Receipts to You that relate to the disputed amount and will use reasonable endeavours to investigate the transaction in order to attempt to resolve the dispute.; All undisputed sums shall be paid by You by the Due Date, even if they are part of the same transaction.
6. If You do not pay Your invoice by the Due Date, We may in our discretion send You a reminder 4 days after the Due Date. If any sum due under the invoice remains outstanding 7 days after the Due Date, We will be entitled to suspend Your Account with immediate effect and terminate this Agreement in accordance with clause 3.4(b). In this event You will not be able to use Your Account to purchase Goods, nor collect any outstanding Goods due for collection where Your Account was used to order those Goods, until all outstanding sums have been paid in full and (at our discretion) Your Account is reactivated. We may refer the debt to a debt collection agency.
7. You cannot use Your Account as a part payment together with any other form of payment (including loyalty points you may receive through Our REWARDS+ scheme). You can only use Your Account for the whole value of the order for Goods with the Store.
8. REWARDS+ points may only be redeemed through one of the following options:
  1. when purchasing Goods from a Store using another method of payment, but not Your Account;
  2. You may redeem points when paying the amount shown on your Account statement; and
  3. You may choose to redeem points when You purchase Goods from the Store, at the point of sale, so you do not use the available credit limit on your Account.
9. In Our discretion, We may require security satisfactory to Us or payment for each consignment when it is available and before it is despatched in which case delivery will not be effected until We are in receipt of security or cleared funds as requested by Us.
10. In the case of short delivery, You will remain liable to pay the full invoice price of all Goods delivered or available for Delivery.
11. You may not withhold payment of any invoice or other amount due to Us by reason of any right of set off or counterclaim, which You may have, or allege to have, for whatever reason.
Retention of Title and Risk
1. The risk in the Goods shall pass to You on collection from a Store or delivery.
2. Title to the Goods shall not pass to You until the earlier of:
  1. We receive payment in full for the Goods (in respect of which payment has become due through Your Account), in which case title to the Goods shall pass at the time of payment; and
  2. You resell the Goods or incorporate them into building works, in which case title to the Goods shall pass to You at the time specified in clause 6.4.
3. Until title to the Goods has passed to You, You shall:
  1. store the Goods separately from all other goods held by You so that they remain readily identifiable as Our property;
  2. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
  3. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
  4. notify Us immediately if it becomes subject to any of the events listed in clause 3.3; and
  5. give Us such information as We may reasonably require from time to time relating to:
  6. the Goods; and
  7. the ongoing financial position of the Customer.
4. Subject to clause 6.5, You may resell or use the Goods in the ordinary course of Your business (but not otherwise) before We receive payment for the Goods. However, if the Customer resells the Goods before that time:
  1. it does so as principal and not as Our agent; and
  2. title to the Goods shall pass from Us to You immediately before the time at which resale by You occurs.
5. At any time before title to the Goods passes to You, We may:
  1. by notice in writing, terminate Your right under clause 6.4 to resell the Goods or use them in the ordinary course of Your business; and
  2. require You to deliver up all Goods in Your possession that have not been resold, or irrevocably incorporated into another building works and if You fail to do so promptly, enter any of Your premises or of any third party where the Goods are stored in order to recover them.
Liability and Exclusions
1. Your contract for the purchase of the Goods made using an Account is made with the Store making that supply. We do not accept any liability or give any warranty, express or implied, whether arising by common law or statute in relation to such Goods. Your statutory rights are not affected by this Agreement.
2. It is not guaranteed that the systems used to process a sale at a Store will always operate error free or that the Account will always be accepted at Store. We do not accept any liability for any loss, damage, fines or expenses suffered by You by reason of the failure of the Store to process any sale transaction or in the event that the Account is not accepted at a Store whether arising from breach of contract, tort (including without limitation, negligence), statutory duty or otherwise.
3. Subject to clause 6.4 in no event shall We be liable to You:
  1. for a sum in excess of £1,000; or
  2. for any of the following losses suffered by You (howsoever caused and whether direct or indirect): loss of profits, loss of revenue, loss of savings (anticipated or actual), loss of contract, loss of goodwill, wasted expenditure, loss of reputation; or
  3. for any indirect or consequential loss or damage suffered by You.
4. Nothing in this Agreement shall operate to reduce Our liability for death or personal injury caused by Our negligence or for fraudulent misrepresentation by Us, nor any other liability that We owe that cannot be limited by law.
Use of Customer Information
1. We will collect, store and use any personal information provided by You and/or an Authorised Account Holder in connection with Your Account ( “Your Information”) in accordance with all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003 No. 2426) (as amended); and all other legislation and regulatory requirements in force from time to time which relate to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant data protection or supervisory authority and applicable to this Agreement. Our Privacy Policy can be found here
2. We will use Your Information in the following ways:
  1. to set up and maintain Your Account and all records relating to it;
  2. for the administration of Your Account and to process and communicate with You about transactions on Your Account;
  3. to enable us and third parties to carry out technical, logistical or other functions for the purposes of managing Your Account and the technical and management systems upon which it relies on Our behalf;
  4. to carry out fraud prevention in accordance with clause 8.3 below;
  5. to carry out credit checking in accordance with clauses 4.1 and 8.4 below;
  6. to enable us and third parties to carry out data analysis with regard to Your Account for Our internal business purposes; and
  7. to conduct marketing activities described in and subject to clause 8.5 below.
3. We and/or other organisations may access and use Your Information and share it with fraud prevention agencies to prevent fraud and money laundering and to verify your identity, for example, when: (i) checking details on applications for credit and credit related or other facilities, (ii) managing credit and credit related accounts or facilities, (iii) recovering debt, (iv) checking details on proposals and claims for all types of insurance, and (v) checking details of job applicants and employees. If false or inaccurate information is provided by You or fraud is identified, details will be passed to fraud prevention agencies and law enforcement agencies may access and use this information. You may be refused certain services, finance or employment. We and other organisations may access and use the information recorded by fraud prevention agencies from other countries.
4. We may use Your Information for credit checking in order to mitigate exposure to bad debts. By entering into this Agreement, You confirm Your agreement to Us or a third party nominated by Us undertaking such credit reference agency searches from time to time and You agree that records of the searches may be seen by other organisations in relation to any application for credit in the future.
5. We will ask for Your permission when setting up your Account to use Your Information including Your contact details for marketing purposes as follows:
  1. to supply the latest news to You about the Scheme and to provide carefully selected promotional offers issued by Us or Our Group Companies;
  2. to supply deals, offers and product information from carefully selected third parties that may be of interest to You;
6. Marketing information may be provided by telephone, email or post and SMS. You may unsubscribe or amend Your marketing options at any time by emailing the Scheme Address.
Amendment of Terms
1. We are entitled to amend these Terms and Conditions provided that We are not entitled to impose any interest charge for credit or any monthly account fee, nor change the payment period set out in clause 5, at any time by written notice to You. We will give you written notice either by a written notice on Your invoice setting out the new terms and conditions or by a separate electronic communication. It is Your responsibility to check any amendments that are so notified. If You wish to discuss the amended terms and conditions, You must contact Us within seven days of the change being notified. The amended terms will be deemed to have been accepted seven days after the date of the relevant notice if You have not contacted Us within this period. If You do not accept the amended terms and conditions, We shall be entitled to terminate this Agreement immediately and You are referred to the termination provisions in clause 3 above.
Notices Unless it states otherwise in these terms and conditions:
1. Notice to be given by You to Us under this agreement must be given either by email or by post to Us at the Scheme Address;
2. Notice to be given by Us to You may be given by Us by email at the email address that you last provided to Us;
3. A notice delivered by email shall be deemed to have been received at 12pm on the next Business Day following its transmission;
4. A notice delivered by first class post shall be deemed to have been delivered two Business Days after the date of posting;
5. A notice delivered by second class post shall be deemed to have been delivered five Business Days after the date of posting.
Assignment We have the right to assign and transfer to a third party all Our rights, title, interest and benefit in and to this Agreement and the debt due thereunder to receive, collect and enforce the payment of any monies that are or become due to Us from You under this Agreement.
General
1. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this Agreement.
2. Failure by Us at any time to enforce any breach of this Agreement shall not be construed as a waiver of Our rights to enforce that breach at any time.
3. If any part of this Agreement is deemed void for any reason whatsoever, but would be valid if part of the wording were deleted any such part shall apply with such modifications as may be necessary to make it valid and effective.
4. This Agreement represents the entire agreement and understanding between Us and You and supersedes all prior agreements, arrangements and understandings between Us and You in respect of its subject matter.
5. The Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Disposal of packaging waste:The Packaging Waste Regulations are designed to ensure that waste from packaging materials is minimized, properly managed, and disposed of in an environmentally responsible manner. As the business end user, you confirm that the products purchased from us are for your commercial use and that the collection, recovery, treatment, and disposal of any resulting packaging waste is solely your responsibility. You must not dispose of business-related packaging waste through household waste channels. Instead, you are required to use appropriate commercial waste disposal or recycling services in accordance with local regulations.

RENTAL AND USE OF THE TILEMASTER TM40 FLOOR CLEANING SYSTEM

This arrangement is between you, personally, and Topps Tiles (UK) LTD, company number 04781209, of Thorpe Way, Grove Park, Leicester, LE19 1SU (“Topps Tiles”).

The TileMaster TM40 floor cleaning system (“TM40 machine”) is an electrically powered machine designed for cleaning floor tiles using cleaning substances. If you are unsure whether the TM40 machine and the cleaning products supplied with it are suitable to use on your tiles, then for advice prior to renting/cleaning please contact Tile Master Global Ltd Customer Services on 0161 444 0377. Any complaints should be directed to our customer services team via email [email protected].

Although TM40 machines are designed to be suitable for cleaning most types of tiles, you should not use the TM40 machine on any tiles you are not certain are made to withstand a deep clean, cleaning chemicals or can withstand more than 14kg of weight. The cleaning process may remove the polished finish off natural stone surfaces. The nature of the cleaning chemicals may damage the surface or tile print if used incorrectly or left to dry into the surface. Before proceeding with any obvious part of the tiling or floor you should first always test the TM40 on the least conspicuous part of the tiling or floor and assess the results for their suitability. The risk of using the TM40 machine on tiles where you are not certain of the intended cleaning method, or which you have not trialled as outlined, remains entirely with you, and is not assumed by Tile Master Global Ltd or Topps Tiles.

Although when used in accordance with this document the TM40 machine is fit for the purpose outlined, and the cleaning supplies with it will be of satisfactory quality, no particular outcome of the use of the TM40 machine is guaranteed, and some stains may prove impossible to remove using the TM40 machine.

Due to the water-sensitive nature of wood effect laminate flooring, you should never stand the TM40 machine on this type of surface other than on a non-porous protective sheet.

It is important that you check before using the TM40 machine that your tiles are securely fixed, and that they remain securely fixed through its use. Do not use the TM40 machine on insecure tiles or on tiles that become insecure through its use.

Do NOT use bleach, dye, household cleaners, or any products other than those distributed by Topps Tiles and authorised by Tile Master Global Ltd, with the TM40 machine. Topps Tiles cannot be held responsible for damage caused by the use of unauthorised products. Any use of unauthorised products could permanently damage your tiles and the TM40 machine. You agree to pay for any such damage to the TM40 machine or the cost of replacement of damaged parts.

You must clean the TM40 machine (including the underside) thoroughly both BEFORE and AFTER use. Only use the TM40 machine when you are sure the TM40 machine itself is clean. Although every care is taken to ensure that the TM40 machine is in a clean condition when you rent it, before you use it you are required to check that it is still clean. Using the TM40 machine when it is in a dirty condition may cause damage to your tiles and to the TM40 machine. You agree to pay for any such damage to the TM40 machine. You must read the instructions provided to you when the TM40 machine was collected for the use of the TM40 machine and any cleaning liquids and cleaning pads purchased The TM40 machine is a powerful electrical appliance, regular electrical safety principles apply, including:

A. Never use any electrical equipment with wet or damp hands – especially when plugging the machine into the mains electricity socket.
B. The plug must be removed from the socket-outlet before cleaning or maintaining the appliance.
C. Unplug the machine when not using it.
D. Do NOT use the machine in the wet or when it is wet.
E. Use of the machine requires the complete attention of an able-bodied adult exercising their entire mental facilities. The TM40 machine is not intended for use by children, persons with reduced physical, sensory, or mental capabilities, or those under the influence of drugs, medicine, or illness. The TM40 machine should be kept away from those listed as unable to use it, to ensure that they do not misuse it – for example children should never be allowed access to the TM40 machine in case they might play with it.

TERMS AND CONDITIONS

Topps Tiles rents the TM40 to you for the rental period (“Rental Period”) of 72 hours or such other period (which may not exceed 3 months) specified in the rental receipt or invoice signed by you (“Rental Receipt”) at the Topps Tiles store (“Rental Location”) where the TM40 machine was made available to you. The Rental Receipt and the terms and conditions set out in this document comprise the contract between us for the rental of the TM40 machine (“Rental Agreement”). The cleaning substances supplied to you at the Rental Location where the TM40 machine was made available to are for use with the TM40 for cleaning tiles.
This rental is not covered by the Consumer Credit Act 1974.
All prices are plus VAT at the current rate unless otherwise stated.
Under this Rental Agreement you agree to rent a TM40 machine from Topps Tiles for the price which will have been agreed at the Rental Location where the TM40 machine was made available to you and recorded on your Rental Receipt on the understanding that you will use the TM40 machine during the Rental Period for nothing other than its intended purpose and as outlined in this document, and that you will return the TM40 machine in a clean condition to the custody of Topps Tiles to the Rental Location where theTM40 machine was made available to you by the end of the agreed Rental Period in no worse condition than that in which it was supplied.
While you have the TM40 machine in your possession you must take good care of the TM40 machine, and you are responsible if it is damaged or lost whilst in your possession or if it is not returned. You obtain no ownership rights in the TM40 machine at any time.
At the point of rental you agreed to pay Topps Tiles an initial 3-day hire charge of £50, and Topps Tiles will retain your payment details securely using a unique payment token, generated by Verifone which is used for your £300 deposit ("HireDeposit") and which we may also use to authorise all your other charges in relation to the rental. If the TM40 machine is returned in the condition required by these terms and conditions, then this payment token will be cancelled.
If the TM40 machine is not returned by the end of the agreed Rental Period or is damaged when returned, we may at our discretion retain your Hire Deposit or such amount as is required to cover the damage to the TM40 machine. Refunding this deposit is at the discretion of Topps Tiles. Additional rental by the day will be charged at £30 per day, subject to agreement and availability. Please see condition 14 below for your responsibilities should the TM40 Machine be damaged, stolen or lost whilst rented to you.
Allowance will be made in relation to the rental charge for any non-use of the TM40 machine due to a breakdown which is due to an inherent fault and/or fair wear and tear provided that you inform us as soon as practicable following the breakdown.
As part of this Rental Agreement you agree to have sufficient funds available should we, at our discretion, retain your deposit or need to charge you for additional rental periods.
You may use the TM40 machine and associated materials and cleaning products only in a careful and prudent manner according to the Tile Master Global Ltd instructions provided by Topps Tiles at the Rental Location where the TM40 machine was made available to you, while the TM40 machine appears safe to use. If the TM40 machine malfunctions or appears unsafe to use for any reason, you agree immediately to discontinue its use and return it to the Rental Location where the TM40 machine was made available to you.
The Rental Agreement contract is personal to you, for you to use the TM40 machine. You must not take adequate and proper measures to protect the TM40 machine from theft and damage and you must not:

Topps Tiles is responsible if it fails to comply with its obligations under this Rental Agreement unless it is (a) unexpected -not obvious that it would happen and nothing you said to us before we accepted order meant we should have expected it (b) caused by a delaying event outside of our control (c) avoidable, meaning something you could have avoided by taking reasonable action or (d) a business loss-as we only supply the TM40 Machine for domestic and private use. If you use the TM40 Machine for any commercial business Topps Tiles will have no liability to you for any loss you may incur including any loss of profit or loss of business. Topps Tiles does not exclude or limit in any way its liability to you where it would be unlawful to do so including liability for death or personal injury caused by its negligence or the negligence of its employees or any other matter which cannot be excluded under English law.

You accept liability if the TM40 machine is damaged, stolen or lost whilst rented to you, and you agree to reimburse Topps Tiles for:
A. All costs suffered in undertaking recovery and/or any repair to the TM40 machine or any parts that need replacing, and
B. For the full value of TM40 machine if it is lost, stolen or damaged beyond repair.
Due to the immediate nature of the rental arrangement, and the consumable nature of the supplies with the TM40 machine, there are no cancellation rights for this Rental Agreement once this contract is formed.

DATA PROTECTION NOTICE:

This page contains our general terms and conditions of business with our customers. We refer to them as the ‘Our Terms of Business’. You agree to Our Terms of Business as a condition of visiting our Topps Tiles stores and/or our website, as applicable. In addition, each time you order products from us online or purchase products from a Topps Tiles store, that creates a separate contract between you and us concerning the individual order or purchase (we refer to that as a ‘Purchase Contract’). In addition, the following policies apply as shown below and they form part of the Our Terms of Business:

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