Terms & Conditions

These terms and conditions will apply to all online sales by ECLIPSE TILES. to private customers only. If you are a commercial customer please ask us for our terms and conditions.

 

1. DEFINITIONS

In these terms and conditions, expect where the context indicates otherwise, the following phrases will have the following meanings: "Agreement" means the agreement between the Seller and the Customer comprised of these Conditions and the Invoice. "The Seller" means ECLIPSE TILES. "We and Us" and related expressions means ECLIPSE TILES. "Customer" means the person (18 years of age or older) or Seller specified on the invoice. "You and Your" and related expressions means the person(s) or Seller to whom the order is addressed. "Invoice" means a document whether as email or printed and stating the goods we are selling to you as Customer. "Goods" means the products we are selling to you as Customer. "Delivery Date" means the date specified on your Invoice when the Goods are to be delivered. "Working Day" means any day except Saturdays, Sundays and bank holidays. "Bespoke Orders or Made by your Design" means a product that is produced on your request by us and specified to your requirements.

 

2. BASIS OF CONTRACT

These terms and conditions shall apply to all sales of Goods between you and us. Please ensure that the details in the invoice are accurate and complete and that you read and understand these terms, before you confirm your order, because you will be bound by the terms and conditions once a contract comes into existence between you and us. If any terms and conditions are inconsistent with the terms of your order, your order shall prevail. The order is an offer by you to enter into a binding contract of the sales of Goods, which we are free to accept or decline. These terms and conditions shall be binding upon you and us when we notify you with a written acceptance (by email or printed letter), at which point the Contract shall come into existence between you and us. We have the right to refuse sending out samples to customers outside the UK and do not need to offer every customer purchase on account. We have the right to revise and amend these terms and conditions.

 

3. THE PRICE

Unless otherwise agreed by us in writing, the Price shall be the price set out in our Invoice. The Price includes VAT at the rate applying at the time of delivery but excludes delivery. The cost of delivery should be stated in the invoice.

 

4. PAYMENT

Payment for invoices other than samples is only accepted by bank transfer. Payment for samples may be made by a bank transfer method or cash. On bank transfer methods, once payment has been made, Goods are released to you. Bank transfer methods are cheque, bank card or wire payment. Non-bank payment methods like credit card or Paypal are not accepted.

 

5. THE GOODS

We warrant that on Delivery all Goods shall comply with their description and be of satisfactory quality. The Customer acknowledges that due to the production methods (handmade) of the Goods little imperfections (e.g. scratches, small splinters on the edges) and colour differences may occur.

 

6. DELIVERY OF THE GOODS

The Goods will be delivered to the address stated in the Invoice. You should make arrangements to take the Delivery whenever they are tendered for delivery. The delivery driver will not handle the Goods after unloaded on the kerb side. We can not be held responsible for the Goods once they have been received by you. If for any reason you fail to accept delivery of any or all Goods or the delivery company is unable to deliver the Goods within 7 days after they tried to contact you for the first time or on the agreed time, the delivery company may store the Goods until delivery and further charges for storage or a second delivery may apply.

 

7. ACCEPTANCE OF THE GOODS AND RIGHT OF CANCELLATION

Goods cannot be supplied on a sale or return basis and no goods will be taken back or exchanged once they have left our premises unless previously agreed. If previously agreed we have the right to apply reasonable terms. We are obliged to make a charge of 30% for the restocking of any items we agree to take back.

 

8. TITLE AND RISK

The Goods are at the risk of the Customer once reveived. Ownership will only pass to you when we receive payment in full.

 

9. LIMITATION AND EXCLUSION OF LIABILITY

The companies total liability shall be limited to the price of the Goods. Neither You or We should be responsible for any losses that result from our own failure to comply to these terms and conditions including, but not limited to, losses that fall into the following categories: loss of income, loss of business, loss of data. Nothing in this agreement will exclude or limit in either way our liability for: death or personal injury caused by our negligence or fraud or fraudulent misrepresentation or any breach of the obligation implied of unexpected events of the Sale of Goods Act 1979 or any other matter for which it would be illegal or unlawful for either you or us to exclude to attempt to exclude our liability. The Company shall not be liable to the Customer for late delivery or short delivery of the Goods.

 

10. TECHNICAL ADVICE

Any advice give by the Company by phone, email or on our website related to installing, maintaining and cleaning of our Goods is in good faith but should be used a guidance only. It is the responsibility of the Customer to buy the correct products for installing, cleaning and maintaining the Goods. The Company can not be held responsible for damages caused during or arising out of the installation of the Goods.

 

11. GENERAL

English law is applicable to any contract made under these terms and conditions and the contract is subject to the exclusive jurisdiction of the English courts. If any of these terms and conditions are unforceable as drafted it will not affect the enforceability of any other terms and conditions and the remaining provisions of these terms and conditions continue in full and effect.