Terms and conditions for sale of Custom made Unique Tiles
Application and entire agreement:
These Terms and Conditions will apply to the purchase of the Tiles detailed in our quotation by the buyer from UniqueTiles Ltd a company registered in England and Wales under number 07873132 whose registered office is at 4 Manor Buildings, New Street, North Perrott, Crewkerne, Somerset, TA18 7ST .
These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Tiles and will constitute the entire agreement between us and you.
These Terms and Conditions and the quotation apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
Words imparting the singular number include the plural and vice-versa.
Made to Order / Custom Tiles – Order Terms and Conditions:
By consenting to the terms and conditions you with this understand that the items you are ordering are handmade/handcrafted, made to order Custom Design Tiles that are created in our warehouse specifically for your order. These items take time to create and are typically completed between 1-8 weeks after your order is placed.
Once your order is placed we do not allow alterations to sizing, material or images, nor do we permit refunds to be given in the event that these terms were overlooked and blindly agreed to. Please be aware our tiles are manufactured using a “KILN” firing process. While we offer our products bound by strict EU standards, those standards do allow for varied tolerances in calibre/size and colour/shade and “marbling extent “inherent in fired products. Our products are made by hand, small imperfections / differences in shape, size and colour can happen and are part of the charm of a handmade product for variation, adding to this unique quality. This part of the handmade process is what makes our products unique and should not be seen as a fault. They will never affect the overall aesthetic of the product and its ability for use as intended.
The Order process is set out on the Website or by Email. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email or telephone number with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract. If your order contains an image uploaded by you onto our website, our acceptance of your order is conditional on the suitably of the image or artwork to be used on our custom products. If the image is unsuitable we will contact you within 3 working days.
You are responsible for entering and proofreading all the text and details entered for each design of every item ordered. This includes text such as postal address, e-mail address, telephone numbers and reference numbers etc. that may be included in the design. We assume that you have checked the details and that they are correct. Where possible, if poor quality artwork or obvious typographical errors are noted, we will try to contact you for confirmation of the order before production but the sole responsibility is with you. We do not accept any liability for any costs associated with errors in stamp design prior to our manufacture and shipping.
We reserve the right to refuse production of goods that, we believe, are or have potential to be offensive, insulting or potentially fraudulent. In such a case, you will be informed and any money paid will be refunded.
Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. We do not accept terms or conditions by you.
Rights to use Content or Uploaded Images:
You warrant that you have appropriate intellectual property rights and any other required permissions or licenses to use all content, data or details you ask us to use or which you upload to our website. You agree to indemnify us and hold us harmless for all liability resulting from any breach of copyright including the breach as mentioned above intellectual property warranty.
All images or artwork, or any element of such images or artwork provided by us, are protected by the laws of copyright and may not, therefore, be used or copied without our permission.
We give you permission to use our artwork to make items if they are for personal or domestic use/non-commercial purposes; or (ii) for sale locally to raise funds for charity and/or community purposes. This permission does not extend to allow sale through commercial retail outlets, via the internet or via social media. The only exemption to this is if the artwork is supplied under our clipart section using our design online tool.
You may not use UniqueTiles Ltd incorporating our images/artwork for business logos or clip art, should you need a custom logo for your business we offer a service where we can provide you with a custom Design to use as you require. These custom logos will never be used or resold to another individual, business or used on our website unless you give permission in writing.
You are not restricted by these terms or by our intellectual property rights in the use of custom tiles, which do not incorporate any of our images or artwork.
The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
Any increase in the Price under the clause above will only take place after we have told you about it.
You may be entitled to discounts.
Any and all discounts will be at our discretion.
The Price is exclusive of fees for packaging and transportation / delivery.
The Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and alteration
Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 7 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
Please note that Full payment is required before production is processed.
We will invoice you for the Price either: on or at any time after delivery of the Goods; or where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.You must pay the Price within 1 day of the date of our invoice or otherwise according to any credit terms agreed between us.
You must make payment even if delivery has not have taken place and / or that the title in the Goods has not passed to you.
Time for payment will be of the essence of the Contract between us and you.
All payments must be made in British Pounds unless otherwise agreed in writing between us.
Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 5 pm.
If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the
If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an installment will not entitle you to cancel any other installment.
Inspection and acceptance of Goods:
You must inspect the Goods on delivery or collection.
If you identify any damages or shortages, you must inform us in writing within 7 days of delivery, providing details.
Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
We will be under no liability or further obligation in relation to the Goods if:
if you fail to provide notice as set above; and/or
you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
the defect arises from normal wear and tear of the Goods; and/or
the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
You bear the risk and cost of returning the Goods.
Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 1 day after delivery.
Risk and title:
The risk in the Goods will pass to you on completion of delivery.
Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods 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.
We can terminate the sale of Goods under the Contract where:
you commit a material breach of your obligations under these Terms and Conditions;
you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.
Limitation of liability:
Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
any indirect, special or consequential loss, damage, costs, or expenses; and/or
any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; and/or
any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence, or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
Notices will be deemed to have been duly given:
when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
on the fifth business day following mailing, if mailed by national ordinary mail; or
on the tenth business day following mailing, if mailed by airmail.
All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
The parties agree that where such processing of personal data takes place, the Buyer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller’s approach to data protection are specified in its Data Protection Policy, which can be found https://www.uniquetiles.uk/cookies. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: firstname.lastname@example.org.
Circumstances beyond the control of either party
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question
Law and jurisdiction:
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
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