General Conditions of Sale
Last updated March 05, 2022
1. THESE TERMS
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1.1 What do these terms cover. These are the terms and conditions on which we supply products to you.
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1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract of our supply of products to you, what to do if there is a problem and other important information.
2. CONTACT INFORMATION
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2.1 How to contact us. If you have any questions or complaints about your order, an individual product, or any aspect of your experience with Essentile & Bathroom generally, please contact us by:
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2.1.1 telephone on 01355 224677;
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2.1.2 email at accounts@essentile.com
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2.1.3 post at Essentile & Bathroom Unit 25 Colvilles Park, Kelvin Industrial Estate, East Kilbride Glasgow G750GZ
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If your enquiry relates to an order, which you have placed with us, please quote your order reference and customer number on any correspondence with us.
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2.2 How we may contact you:
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2.2.2 Please note that where you have specified an email address as a form of contact, we will use this email address to contact you in the first instance and have no obligation to repeat this information in writing by post. Please ensure any contact details you provide are accurate and up to date.
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2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails
3. SELECTING YOUR PRODUCTS AND PLACING AN ORDER
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3.1 Pictures and Packaging. Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your chosen device will display colours accurately which reflect the colour of the products. Your product and its packaging may vary from that shown in images on the Website.
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3.2 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the Website and as summarised in your shopping basket when you place your order.
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3.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, and this is noticed before fulfilment of your order, we will try and contact you for your instructions. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
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3.4 When you must pay and how you must pay. You must pay for the products before we dispatch them. Please note that payment for your entire order is taken immediately when your order is confirmed (unless the order is confirmed on a weekend or an English or Scottish bank holiday, in which case payment will be taken the next working day). You will be able to pay for your order either directly using your card details on the Website or via third-party payment provider, PayPal.
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3.5 What to do if you think an amount or invoice is wrong. If you think you have paid an incorrect amount for your order, please contact us promptly to let us know.
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3.6 Before you place an order:
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3.6.1 Registration option - We will ask you whether you want to register for a Customer Account with us (to save you entering your personal information each time you place an order with us) or check-out your basket as a guest without registration. Both options will require that you provide us with certain information so that we can fulfill your order(s); for example: (1) your contact details; (2) delivery details; and (3) up-to-date payment information. This will be stated on the Website when you place your order with us.
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3.6.2 Shopping basket summary - Please check your shopping basket summary carefully to ensure that it contains full and accurate information for the products that you are ordering, and for all price, payment and delivery information. This includes (without limitation) checking that the ordered products have the correct description. You are responsible for checking that the ordered products meet your particular needs and you should check measurements carefully. There are many factors you should consider, including without limitation grout joints breakages and wastage, aborted and inaccurate cuts and tiles for spares.
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3.7 Incorrect Personal Information. If the information you have provided is found to be inaccurate or insufficient for any reason, we will contact you to ask for additional or revised information. If you do not give us this information within a reasonable time of us asking for it, or if you give us further incomplete or incorrect information, we may either end the contract (and clause 8 will apply) and/or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
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3.8 Check before fixing or installing - Some products that we supply have variations of shading, size, and finish. Depending on the nature of the products supplied, a degree of variation of shading is acceptable and may have natural imperfections. These are not faults. In any event, you are responsible for checking the satisfactory degree of shading variation and satisfactory nature of the products (including, without limitation, any damage) before any of the products are installed or fixed and if you are not satisfied with the shading, size or finish, you must inform us in writing before proceeding with installation or fixing. To the extent permitted by law, we will not be responsible for any losses incurred if you do not adhere to this. In addition, to ensure that you do not waste any money, you should book an installation or fixing by your selected professional service after you are happy that the products have been delivered in full and to the standard expected.
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3.9 Site survey - It is your responsibility, and not ours, to ensure that the products selected for purchase are suitable for the place in which you wish to install or fix them.
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3.10 Installation - We are not responsible for organising or providing installation or fixing services for you. All agreements for the installation and fixing shall be between you and the person you may choose, and we shall have no responsibility or liability with regard to the installation or fixing or for any act or omission of the installer or fixer.
4. IMPORTANT GENERAL TERMS
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4.1 The supply of goods does not mean that they are suitable for a specific installation. The Company can only be held responsible for any failure against products supplied, to the extent that the manufacturer of such products is prepared to guarantee the same. No tiles are guaranteed against crazing.
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4.2 Some variations in size, shape, manufacturing tolerance, shading and pattern are inherent in the manufacture of tiles and therefore the Seller accepts no liability. All Natural Stone goods are supplied subject to natural colour and shade variations.
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4.3 Where a significant area is to be tiled, it is the responsibility of the Tiler or Buyer to use where possible, goods from a variety of separate boxes to ensure that any batch, colour, shading, and quality variances are minimised.
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4.4 Any fault, quality or shading issue with the tiles supplied will remain the responsibility of the manufacturer. The Company will accept no responsibility for further or subsequent loss or expense, if the tiles are faulty, or not to the acceptance of the Buyer. Any such issues will be passed to the manufacturers, whereby any claims will become solely the manufacturer’s liability, disclaimers or notes printed on boxes or packaging will become the responsibility of the Buyer to read and accept, prior to use or fixing.
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4.5 Any claim by the Buyer, which is based on any defect in the quality or condition of the Goods, or their failure to correspond with specification, shall (whether the delivery is refused, by the Buyer) be expected to notify the Seller in writing, within 24 hours, from delivery. If delivery is refused and the Buyer does not notify the Seller accordingly, the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
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4.6 Where any valid claim in respect of any defect in the quality or condition of the Goods, or their failure to meet specification is notified to the Company, in accordance with these conditions, the Company shall be entitled to replace the Goods (or the part under query) free of charge or at the Companies sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price) however, the Company will have no further liability to the Buyer.
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4.7 Our entire liability to you shall be limited to the price you paid for the goods, and we shall not be held responsible for any consequential or other financial loss that you may seek to claim regarding the tiling or flooring job you are carrying out.
5. RETURN AND OUR RESPONSIBILITY FOR LOSS/DAMAGE
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5.1 Stock Items (Standard Products) The Buyer may return complete boxes of tiles to the Company within 1 calendar month of delivery, provided the goods are in good condition and are able to be re-sold. If the Buyer returns the goods a 30% handling fee will be applied.
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5.2 Non-Stock Items (Non-Standard Products) samples, clearance and special purchase items are non-returnable cannot be returned for credit.
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5.3 Essentile & Bathroom will not collect any surplus or unwanted goods, the customer will be responsible for arranging the return of goods to:
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5.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.
