Terms & Conditions
About our Terms and Conditions
This page contains our general terms and conditions of business with our customers. We refer to them as the ‘Our Terms and Conditions’. You agree to Our Terms and Conditions as a condition of visiting the Tile Warehouse website. In addition, each time you order products from us, this creates a separate contract between you and us concerning the individual order (a ‘Purchase Contract’).
In addition, the following policies form part of Our Terms and Conditions:
- Delivery Policy
- Cancellations, Returns and Refunds Policy
- Website Acceptable Use Policy
We have the right to revise Our Terms and Conditions and our policies from time to time. Please check back regularly, to see the latest versions. Our Terms and Conditions were most recently updated on May 24, 2022.
If you have a question about Our Terms and Conditions or any of our policies, please contact us.
Our Terms and Conditions
Part 1 – Choosing, Buying and Using
a. You may order up to three cut samples at a time, free of charge. Additionally, you may buy up to six different full-size samples. However, if you try to buy either multiple cut or full-size samples of the same tile, we reserve the right to cancel your order and refund any payment made.
b. Delivery of all samples is free of charge, using our Standard Delivery Service. See our Delivery Policy for more information.
c. You have the right to return full-size samples to us within 60 days of purchase and have a refund. For more information see our Cancellation, Returns and Refund Policy.
2. Choosing and buying
a. We recommend that you:
i. select products with a suitable specification for your intended use;
ii. buy enough for your whole project and allow for tolerances in estimating quantities, wastage and breakage;
iii. buy tiles, borders and decors from the same range where available.
b. You may check your order and amend any errors before placing it.
a. After you checkout, we confirm receipt of your order by email.
b. Until products are despatched to you, we have the right to cancel your order for any reason and if we do so we will refund what you have paid.
c. When products are despatched to you, we will send your receipt by email. This will be your proof of purchase.
a. Our Delivery Policy explains your delivery options, the fees and the conditions applicable to using our delivery service, which will be charged at the checkout.
a. Images and descriptions used on our website are to help illustrate the use of our products. Computer displays may not accurately show colours, textures or finishes. We recommend that you obtain samples before buying.
b. 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.
c. 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.
d. Packaging may vary from that shown in images.
a. Credit is available subject to status and is provided by Klarna Bank AB.
b. Pay in three instalments is available. The first instalment must be paid directly to Klarna at the point of application, then the second and third payments are on days 30 and 60. The maximum value is £5,000 across all possible term lengths.
c. Late or missing repayments may have serious consequences for you and cause you serious money problems.
d. Tile Warehouse is authorised and regulated by the Financial Conduct Authority (FCA FRN 738007) and acts as a credit intermediary and not a lender, offering credit products provided exclusively by Klarna Bank AB (publ). Finance is only available to permanent UK residents aged 18+, subject to status, terms and conditions apply. 738007.
e. Klarna Bank AB (publ) is authorised and regulated by the Swedish Financial Supervisory Authority. Deemed authorised by the Prudential Regulation Authority. Subject to regulation by the Financial Conduct Authority and limited regulation by the Prudential Regulation Authority. Details of the Temporary Permissions Regime, which allows EEA-based firms to operate in the UK for a limited period while seeking full authorisation, are available on the Financial Conduct Authority’s website. For more information on Klarna please visit https://www.klarna.com/uk/.
a. We may make promotional offers available. Details of current promotions will be displayed on our website and the following apply to all promotions
i. Promotions may be limited to designated products and stated periods.
ii. We do not guarantee to keep products in stock throughout a promotion.
iii. Discounts 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.
iv. Discount codes will be applied against the designated products and for the designated validity period given for the particular discount code and the 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.
v. Free products 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.
vi. Unless we say otherwise for a particular promotion, promotions cannot be used in conjunction with any other offers, discounts or promotions.
vii. If you return a product that was purchased as part of a discount promotion, we will refund the price you paid (not the full price).
viii. 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.
ix. We have the right to amend or withdraw promotional offers at any time.
x.. Some promotions may be run in conjunction with third parties and to benefit from them you may have to agree to their terms and conditions in addition to Our Terms and Conditions.
8. Free Prize Draws and Competitions
Who Can Enter a Prize Promotion (“Promotion”)
a. We may run prize promotions (“Promotion” or Promotions”) from time to time which may take the form of a free prize draw where a winner, or winners is, or are, chosen at random or a prize competition where success depends on the skill, judgement or knowledge of the participant and does not wholly rely on chance with such Promotions open to residents of the United Kingdom aged 18 years or over.
b. Our employees (or family members of employees) , or the employees (or their family members) of any organisation involved in or associated with the operation or administration of a Promotion may not enter a Promotion.
c. In entering a Promotion, you confirm that you are eligible to do so and eligible to claim any Prize you may win.
d. We may require that winners provide proof that they were eligible to enter a Promotion.
How to Enter the Promotion
a. To take part in any Promotion, you must follow the instructions and comply with any terms and conditions applicable to the Promotion.
b. Unless stated otherwise within the Promotion:
i. no purchase is necessary to enter a Promotion. Where a Promotion is aimed at existing Tile Warehouse customers, the customer will not be required to make any additional purchase in order to enter the Promotion;
ii. you can only enter a Promotion once; and
iii. no one shall be entitled to more than one Prize from a Promotion.
c. Each Promotion will set out the mode of entry. The “Entrant” is the person whose name is identified on the mode of entry.
d. Each Promotion will set out the time and date the Promotion will run from (the “Opening Date”) to the time and date the Promotion will end on (the “Closing Date”).
e. The Closing Date will not be changed unless due to circumstances beyond our control make it necessary to do so.
How are Winners Selected
a. Each winner will be selected at random, unless the Promotion is to be judged individually, in which case the person responsible for judging the Promotion will be named in the terms and conditions of the individual Promotion.
b. Each winner will win a prize (“Prize”), details of which will be outlined within the Promotional material.
c. The winner(s) will be notified within seven working days of the draw or within seven working days of when a Promotion is judged, whichever is applicable.
d. The Prize may be subject to specific terms and conditions of the individual Promotion, in which case such terms will prevail over these terms and conditions where there is a conflict.
How to Claim a Prize
a. To be eligible to claim the Prize, winners must respond to the Prize notification message within seven working days of the date it was sent.
b. Failure to respond within the requested period or provide any necessary personal details will result in the Prize being forfeited.
c. We reserve the right to award the Prize to an alternative winner if, for any reason, we decide it is not possible to award the Prize, there has been a breach of these terms and conditions, or the Prize is not accepted in accordance with the process set out above.
Details of the Prize
a. Unless stated otherwise in the Promotion, the Prize excludes any costs for transport, travel, accommodation, spending money, meals, travel documentation, insurance and any other costs and expenses associated directly or indirectly with the Prize.
b. We may substitute a Prizes, or Prizes, (or any part of a Prize, or Prizes) for a prize or prizes of equivalent or greater monetary value if this is necessary for reasons beyond our reasonable control.
c. The Prizes are non-refundable, non-transferable and may not be redeemed for cash or other prizes.
d. Where any third-party terms and conditions apply to the Promotion, such terms and conditions will be set out in a hyperlink in the Promotion.
The Promoters Liability
a. We accept full liability for all matters for which we cannot, under English law, exclude or limit our liability.
b. Subject to the above paragraph, we, or any associated companies, agents, and any other third parties involved in the Promotion, will not be responsible for (and will have no liability in connection with) acts, omissions and occurrences resulting from circumstances beyond their reasonable control, including:
i. entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other;
ii. any postponement or cancellation of a Promotion;
iii. any changes to Prizes or the way in which they can be used;
iv. damage, loss, injury suffered by entering the promotion or as a result of accepting any Prize;
v. problems with the allotment or dispatch of Prizes (such as Prizes failing to reach the intended recipient);
vi. any act, omission or default of any third party supplier;
vii. any injury or damage to your or any other person’s computer relating to or resulting from participation in or downloading any materials in connection with a Promotion;
·viii. weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation;
ix. network, computer, hardware or software failure of any kind (which may affect the sending, receipt or processing of your entry).
x. computer virus, network/technical/communications failure or tampering.
c. In the event of any of the circumstances set out in the above paragraph, we may cancel, terminate, modify or suspend a Promotion or invalidate any affected entries (subject to any written directions given under applicable law).
d. Entries must not be made through agents or third parties or any automated entry software or any other means which allow you to automatically enter repeatedly.
Incomplete entries will be disqualified and will not be counted.
a The Promotion is not sponsored, endorsed or administered by, or associated with any social media channel or business. By entering, you acknowledge that, social media channels bear no responsibility for any Promotion and, to the maximum extent permitted by law, you release the social media channel concerned from any liability whatsoever in connection with any Promotion.
a. We do not claim any rights of ownership in your entry. For the avoidance of doubt, we can use your entry in accordance with paragraphs 28 and 29 below.
b. You irrevocably grant us a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights in all elements of your entry (“Work”), and consent to us doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of your moral rights.
c. We may use all or any part of your Work(s) for any purposes at our discretion, including for promotional, marketing or publicity purposes, whether in respect of the Promotion, the Promoter, or otherwise.
d. By entering you warrant to us that the Work you submit is your original work and does not infringe any rights of any third party. A breach of this warranty will result in your entry being invalid.
a. If we have grounds to suspect any entrant or third party of cheating, deception or fraudulent conduct of any kind (including manipulating the promotion, choice of prize winner(s) or any entry) we reserve the right (in our sole discretion) to disqualify any entrant, entry or person we reasonably believe to be responsible for, or associated with, such activity.
b. Entries may be subject to moderation. We reserve the right to deem an entry to be ineligible should it contain offensive, inappropriate, obscene, unlawful or otherwise objectionable content.
c. We reserve the right to amend these terms and conditions at any time.
d. Our decisions in respect of the Promotion shall be final and binding in all respects on all entrants. No correspondence will be entered into.
Publicity and Use of Personal Data
a. We will use each entrant’s personal details for the purpose of administering the Promotion, including Prize fulfilment and announcing winners.
b. The winner, or winners, will agree to allow us to use their name and likeness for advertising and publicity purposes without additional remuneration. They may be required to take part in reasonable PR activity at our request.
c. The winner, or winners, may also be required to take part in promotional activity (e.g. photographs to be taken) and be required to make themselves available without charge for publicity purposes and agree to publication of his/her name.
9. Installation and Safety
a. 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 a floor. For more see our Cancellation, Returns and Refunds Policy.
b. The products we sell may be hazardous, especially if misused. Take care when handling (especially when lifting, using tools 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.
c. An adult should supervise anyone under the age of 18.
d. We do not knowingly sell to children and orders may only be placed by persons 18 or over.
10. Cancellations, Returns and Refunds
a. Our Cancellation, Returns and Refunds Policy explains your rights to cancel orders, return products and receive refunds and the conditions applicable to doing so.
11. After Care
a. 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.
12. Product Guarantees
a. Where products come with a manufacturer’s guarantee enforceable by you, the benefits are in addition to your rights under Our Terms and Conditions.
13. Resolving Any Problems
a. If you are not entirely satisfied with your purchase, please contact our Customer Services team here. We will try to resolve any problems as quickly as we can. If necessary, we will explain how you can make a complaint.
Part 2 – General Legal Terms
14. Application of Our Terms and Conditions
a. Our Terms and Conditions, including any document, expressly referred to (for instance our Policies) form the agreement between you and us. Additionally, if you are a Trader:
i. Our Terms and Conditions 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.
ii. 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 and Conditions.
iii. You acknowledge and agree that when entering into any Purchase Contract, unless we have agreed otherwise in writing, Our Terms and Conditions apply to the exclusion of all other terms and conditions, including any that you may try to apply or impose.
15. Website and Communication Systems
a. Use of our website is subject to our Acceptable Use Policy.
b. 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.
c. 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.
16. Events Outside Our Control
a. 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:
i. 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, pandemic, natural disaster, interruption to telecommunications networks, interruption to supply chains, 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
ii. any act, omission, event or circumstance resulting from the UK’s exit from the European Union.
17. Data and Privacy
a. We are committed to using information that we collect from and about you fairly and properly.
b. 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.
c. 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.
d. 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).
e. 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.
18. Intellectual Property Rights
a. 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, the products we offer for sale and the material (for example artwork, photographic work) displayed 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. No rights are transferred to you by doing business with us.
b. 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, following the terms and conditions of the social media service provider.
19. Responsible Customer Comments
a. We welcome your opinions and feedback posted on our 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.
b. Posting to our website or social medial 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. Transferring Rights
a. We can transfer our rights under any Purchase Contract or otherwise arising under Our Terms and Conditions, 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 and Conditions, 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 and Conditions without the other’s written permission.
21. Governing Law, Third Party Rights and Enforcement of Rights
a. English law governs Our Terms and Conditions. The courts of England and Wales have exclusive jurisdiction over any dispute, difference or claim arising out of or in connection with Our Terms and Conditions, including the subject matter or formation of any Purchase Contract.
b. You can only bring legal proceedings against us in the courts of England and Wales (unless you are a Consumer – see below).
c. Our Terms and Conditions 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 Conditions or any Purchase Contract, whether under the Contracts (Rights of Third Parties) Act 1999 or other applicable principles of law having a similar effect.
d. 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.
e. If we fail to insist that you perform any of your obligations under any Purchase Contract or otherwise arising under Our Terms and Conditions 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.
22. Governing Law – Additional Rights for Consumers
a. Consumers may also bring legal proceedings against us:
i. if resident in Northern Ireland, in the courts of Northern Ireland.
ii. if resident in Scotland, in the courts of Scotland.
23. Liabilities – General
a. Nothing in Our Terms and Conditions limits or excludes our liability for:
i. death or personal injury caused by our negligence;
ii. fraud or fraudulent misrepresentation;
iii. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
iv. Defective products under the Consumer Protection Act 1987.
24. Liabilities – Consumers Only
a. For Consumers, in addition to the previous paragraph:
i. nothing in Our Terms and Conditions limits or excludes our liability for breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
ii. If we fail to comply with Our Terms and Conditions, we are responsible for the loss or damage you suffer that is a foreseeable result of the breach of Our Terms and Conditions 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.
25. Liabilities – Traders only
a. For Traders, subject to paragraph 23, 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:
i. any loss of profits, sales, business, or revenue;
ii. loss or corruption of data, information or software;
iii. loss of opportunity;
iv. loss of anticipated savings;
v. loss of goodwill;
vi. distress or inconvenience; or
vii. any indirect or consequential loss;
whether or not the possibility of the same occurring was brought to your attention, or foreseeable.
b. Except as expressly stated in Our Terms and Conditions, we do not give any representation, warranties or undertakings concerning the Products. Any representation, condition or warranty which might be implied or incorporated into Our Terms and Conditions 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
c. Without prejudice to paragraph 23, 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 and Conditions, including under or in connection with any Purchase Contract, shall in no circumstances exceed:
i. 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;
ii. £10,000 per event, circumstance or series of connected events or circumstances giving rise to liability.
Part 3 – Definitions and Interpretation of Our Terms and Conditions
a. Tile Warehouse, a trading name of Topps Tiles (UK) Limited (a company registered in England and Wales, company number 04781209, registered office Grove Park, Thorpe Way, Enderby, Leicestershire, LE19 1SU) and in Our Terms and Conditions, ‘Tile Warehouse’, ‘we’, ‘us’ or ‘our’ to refer to Topps Tiles (UK) Limited.
b. In Our Terms and Conditions, we use ‘you’, ‘your’ and ‘yourself’ to refer to a customer or potential customer who visits Tile Warehouse and/or buys products through our website.
c. A reference to a party includes personal representatives, successors and permitted assigns, where applicable. A reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having a separate legal personality) and that person’s personal representatives, successors and permitted assigns.
27. Consumer or trader?
a. Depending on your circumstances, you will be either a ‘Consumer’ or a ‘Trader’ for the purposes of Our Terms and Conditions when you have dealings with us. Some parts of Our Terms and Conditions apply differently depending on whether you are a Consumer or a Trader. Our Terms and Conditions make it clear when there is a difference.
b. 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 buy tiles and employ a tiler to do work in your home.
c. 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.
28. Rules of Interpretation
a. Words in the singular include the plural and vice versa.
b. 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.
c. The paragraph and other headings are included for convenience only and shall not affect the interpretation of Our ‘Terms of Business’.
d. Reference to legislation is a reference to that legislation as in force as at the date of Our Terms and Conditions 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’.