Terms and Conditions
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our site to you.
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. Please click on the button marked "I Accept" prior to placing your order if you accept them.
You should print a copy of these Terms or save them to your computer for future reference. These Terms, and any Contract between us, are only in the English language.
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. This version one of these Terms was most recently updated on 1 February 2018.
If there is any conflict, inconsistency or ambiguity between the terms set out on this page, and any of the documents referred to on it, the terms set out on this page shall take precedence to the extent of any conflict, ambiguity or inconsistency.
1. Information
1.1 Tile Market is the trading name of J&G Agencies Ltd which operates the website http://www.tilemarket.co.uk (our site). J&G Agencies Ltd is a company registered in Northern Ireland under company number NI046206 and with our registered office at 76-78 Church Street, Portadown, County Armagh, BT62 3EU.
1.2 Certain clauses within these Terms apply only if you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession, and are based in within the European Community, i.e. where you are a “consumer”. If you are not a “consumer” (as defined above), the clauses within these Terms which are stated to apply only to any “business” shall apply to the Contract between you and us to the extent possible under the laws of Northern 7.4. Ireland and the mandatory laws of the jurisdiction within which you are domiciled or registered.
1.3 We do not sell Products to customers based outside of the United Kingdom and Ireland via our site. If you are based outside of the United Kingdom and Ireland please contact us on 004428 9023 0433 for further information on how to make an order.
2. Our Products
2.1 The images 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 from those images. We may need to update the features of Products pictured on our site for, for example, improved manufacturing purposes.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, dimensions and measurements indicated on our site are subject to tone and calibre variation.
2.3 The packaging of the Products may vary from that shown on images on our site, and we reserve the right to update our packaging from time to time.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.5 We may on occasion, if requested, provide a list of tradesmen for you to contact. These tradesmen are not our employees and are self- employed. We will not accept have any responsibility or liability for their actions and provision of their contact details is in no way a recommendation or endorsement of them or their services.
2.6 Our staff may, if requested, provide assistance to work out quantities of Products required based on the measurements supplied, but will not be held liable for any discrepancies or insufficiencies. You should ensure that sufficient Products have been purchased to meet your requirements, allowing for waste and breakages.
3. Use Of Our Site
Your use of our site is governed by our Website Policy, which is available here. Please take the time to read this, as it includes important terms which apply to you.
4. How We Use Your Personal Information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.
5. If You Are A Consumer
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
6. If You Are A Business Customer
6.1 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.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 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 the Contract.
7. How The Contract Is Formed Between You And Us
7.1 Our site 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.
7.2 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 as we reserve the right, without prior notification, to accept or decline your order.
7.3 Our acceptance of your order will take place as described in clause 7.4
7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. Please note that acceptance of any order is at our discretion.
7.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, because we cannot meet your requested delivery date, or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail 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.
7.6 Please note that you cannot purchase the Products via telephone and only online and instore sales are available. These Terms do not apply to instore purchases as separate terms and conditions apply.
8. Our Right To Vary These Terms
8.1 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.
8.2 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.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances: (a) changes in relevant laws and regulatory requirements; and (b) for other necessary reasons.
8.4 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.
9. Your Consumer Right Of Return And Refund
9.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.2. 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.
9.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), 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:
| Your Contract | 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. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January. |
| Your Contract is for 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. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January. |
9.3 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 complete the Cancellation Form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is attached at the back of these Terms as a schedule. You can also e-mail us at info@tilemarket.co.uk or contact our Customer Services team by telephone on 028 9023 0433. If you are e-mailing us please provide details of your order, including your order number, name, address, email address and phone number, to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you e-mail us before midnight on that day.
9.4 If you cancel your Contract we will refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop and is subject to receiving the products in a satisfactory condition following their return. Examples of unsatisfactory handling includes circumstances where (a) the Product box has been opened and is not suitable for resale; (b) the Products have been fixed onto a surface or floor; (c) any visual or internal damage has been done to the Products; and (d) the Products are not suitable for resale.
9.5 If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, we will: (a) deduct an appropriate amount from the credit card, debit card or online payment account used to make the payment; (b) refund any delivery costs you have paid; (c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below: (i) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8; and (ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you wish to return Products to us because they are faulty or mis- described, you must return the Products to us within 30 days of the date of purchase (if you are a consumer), or 48 hours, if you are a business, and provide the relevant details outlined in this clause 9.
Upon receipt of the returned Products, if we accept that the fault or mis-description is something for which we are responsible, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Any issues with faulty or mis-described Products must be reported to us in writing within 48 hours of receipt or collection by you.
9.7 We will refund you on the credit card, debit card or online payment account used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers. This clause applies both to businesses and consumers.
9.8 If a Product has been delivered to you before you decide to cancel your Contract: (a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns Policy at Schedule 2 of the Terms for our returns address, and information about the methods of return we accept.
9.9 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.
9.10 Your cancellation rights under this clause 9 do not apply to any sample Products which have been delivered without charge to you, or to any customised Products which have been tailored or designed specifically for you.
10. Collection And Delivery
10.1 Products may be collected from one of our stores is free of charge on all orders (subject to the Products being held within a relevant store).
10.2 Orders which need to be delivered will be charged and charges are calculated in accordance with the weight of the order and the delivery address. Please note: Free deliveries of orders £399 or more only apply to full priced products.
10.3 Delivery will be arranged via a third party distributor, you will be advised of a delivery time in advance and delivery times will be estimated only. It is your responsibility to ensure that there is a flat area to deliver and unload the Product via pallet truck. You must also ensure you are available at your address to receive and sign for Products at the delivery time. Our distributor will not carry Product into the consumer’s home or any business premises, or provide a forklift.
10.4 [If you fail to accept delivery of the Product, or we are unable to deliver the Product due to your acts or omissions, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Please note that, if you are a business, we reserve the right to charge you a reasonable amount for storage of the Products at our premises where you fail to accept delivery. Generally, if you fail to accept delivery of the Product, or we are unable to deliver the Product due to your acts or omissions, we reserve right to charge the charge you for all incurred expense in relation to each failed delivery. Orders which have been paid in full will be stored for a maximum period of 21 days and storage will apply at a rate of £20.00 per week thereafter unless otherwise agreed by senior management.
10.5 Delivery of an order shall be completed when we deliver the Products to the address you gave us (or the moment you collect it in store) and, if you are a consumer, the Products will be your responsibility from that time. If you are a business, responsibility for (and risk in) the Products shall pass to you from the moment we dispatch them from, or you collect them from, our premises.
10.6 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.7 only applies if you are a consumer.
10.7 Unless otherwise agreed the delivery shall be made within no later than 30 days from the date of the Dispatch Confirmation. If we fail to deliver the Product within 30 days of the Dispatch Confirmation you may cancel your order straight away or if any of the following apply: (a) we have refused to deliver the Products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential. If you choose to cancel under this clause 10.7 you will be entitled to receive a full refund. This clause shall not apply to special order items, in respect of which we are dependent on third party suppliers.
10.8 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.7, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
10.9 If you do choose to cancel your order for late delivery under clause 10.7 or clause 10.8, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10.10 Where you are a business, time for delivery shall not be of the essence of the Contract.
11. Pricing
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take 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 11.5 for what happens if we discover an error in the price of Products you have ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed save for circumstances as described in clause 11.7.
11.3 The prices of Products shown on our site include VAT (where applicable) at the applicable current rate chargeable in the UK or Ireland for the time being, where you are based in the UK or Ireland, unless otherwise stated (with alternate sites and prices applying for customers in each country). 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. J&G Agencies Ltd is VAT registered in the UK with VAT number GB854126236.
11.4 The prices of Products shown on do not include delivery charges. Delivery costs are shown on the shipping information page available on our site and are subject to change. The delivery prices set out on that page apply to online sales only.
11.5 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. If we discover an error in the price of the Products you have ordered we will contact you 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. Please note that if the 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.
11.6 Online and in-store pricing is separate, and there may be slight discrepancies between the two. For the avoidance of doubt, you will not be refunded the price difference for Products that were purchased in store that could have been purchased for less online, or vice versa. Double discount saving promotions apply instore only.
12. How To Pay
12.1 We accept only the payment methods described on our website from time to time, and no other payment methods.
12.2 Payment for the Products and all applicable delivery charges is required in advance.
13. Our Liability If You Are A Business
This clause 13 only applies if you are a business customer.
13.1 We only supply the Products for internal use by your business or for retail sale directly to consumers or end users, and you agree not to use the Product for the purposes of wholesale to any other business.
13.2 Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law.
13.3 Subject to clause 13.2, we will under no circumstances whatsoever 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: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e loss of goodwill; or (f) any indirect or consequential loss.
13.4 Subject to clause 13.2, 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 100% of 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 are not be responsible for ensuring that the Products are suitable for your purposes.
14. Our Liability If You Are A Consumer
This clause 14 only applies if you are a consumer.
14.1 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 the Contract.
14.2 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.
14.3 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) 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 (e) defective products under the Consumer Protection Act 1987.
15. Events Outside Our Control
15.1 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 15.2.
15.2 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.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) 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.
15.4 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.
16. Communications Between Us
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 If you are a consumer, you can e-mail us at info@tilemarket.co.uk or contact our Customer Services team by telephone on 028 9023 0433 or by post to Customer Services, 5-7 Glenmachan place Boucher Road, Belfast, County Antrim, BT12 6QH. If you are emailing us or writing to us please include details of your order number to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your order.
16.3 If you are a business and wish to give us formal notice of any matter in accordance with these T erms: (a) 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 (b) a notice or other communication shall be deemed to have been received: if delivered personally, when left at registered office 76-78 Church Street, Portadown, Co Armagh, BT62 3EU; 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; (c) 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; and (d) the provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.4 If you are a business and you wish to contact us for any other reason other than as set out in clause 16.3 you can contact us by telephoning our customer service team at 028 9023 0433 or by e-mailing us at info@tilemarket.co.uk.
17. Other Important Terms
17.1 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. We will always notify you in writing or by posting on this webpage if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 Any Contract is between you and us. No other person shall have anyrights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the clauses 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.
17.5 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.
17.6 If you are a consumer, please note that these Terms are governed by the laws of Northern Ireland. This means a Contract for the purchase of Products through our site and any dispute or claim arising FEBRUARY 2018 out of or in connection with it will be governed by the laws of Northern Ireland. You and we both agree to that the courts of Northern Ireland will have exclusive jurisdiction.
17.7 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 Northern Ireland.
17.8 If you are a business, we both irrevocably agree that the courts of Northern Ireland 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).
17.9 We will not file a copy of any Contract between you and us.
18. Copyright
18.1 All rights within the website include that copyright and are owned and licensed to J&G Agencies trading as Tile market. All copying or storing of content from this website is prohibited without receiving the prior permission of Tile Market. Content used without permission will be in breach of copyright and these Terms.