Hello and welcome to the Wallingford Tiles and Bathrooms Terms pages.
The following pages set out how we do business and what you can expect from us, whether you purchase something from the Site or not.
They are intended to bind all visitors to the Site and, if you purchase an item from us, the terms under which we supply it.
We’ve tried to make them simple, but if there is anything that is not clear, please contact us.
These terms do change from time to time and we will assume that you have read them each time you visit us.
There are various parts to these terms, which are as follows:
- Buying Terms – the terms which apply when you purchase products or services from us.
- Privacy & Cookie Policies – which tells you how we use your personal data and cookies.
- Delivery and Returns Policy – which tells you how we deal with deliveries and returns.
- Definitions – where we define the meaning of certain words we use.
These Terms apply to anyone visiting the Site, whether you order from us or not.
1. YOU PROMISE US
You agree that:
- You are over the age of 18 years.
- You will have only one Account with us.
- You will not pretend to be someone else when you use the Site.
- If you link to another site through us, you will read their Terms.
- You will not use robots, spiders, scrapers or similar things on the Site.
- You will not try to get around any things we put on the Site to stop or limit access to parts of it.
- You will not do anything that might cause our systems to crash.
- You will not steal the Site or any part of it for use in any other site or application.
- You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.
- You will not use our trademarks and/or designs and/or layout before asking us.
2. INTELLECTUAL PROPERTY
2.1 We and our business partners own all of the IP and IPR on the Site and in the Services. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.
2.2 We will retain ownership of any and all IPR that may subsist in the Services. You may not use such IPR for any purpose, whether commercial or otherwise.
2.3 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.
2.4 You may download and print any Material for your own use only, and not for any commercial or other use whatsoever. None of the material contained in any printable material may be extracted, copied or otherwise used except as provided for in this clause. The material data sheets if provided are available for downloading and printing but may only be used with the Product for which they have been supplied and may not be used for any other purpose whatever.
3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations, but we are unable to guarantee that it will.
3.2 We are not able to guarantee that the Site will work with your device or will be secure or that any Plan will provide a benefit to you.
3.3 Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy and suggest that, if any information is important to you, you verify it independently.
3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You should seek specialist advice in connection with any use of the Products, if you are in any doubt as to such use.
3.5 If using the Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.
3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.
4. AVAILABILITY OF THE SITE
4.1 We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.
4.2 We have the right to change the Site and the Services it offers, suspend it or stop it at any time, without compensating you.
5. LIMITATION OF LIABILITY
5.1 As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.
5.2 Nothing in these Terms excludes or restricts our liability for death or personal injury resulting from any negligence, or fraud, on our part.
6. LINKS TO OTHER WEBSITES
6.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.
6.2 We are not responsible for evaluating other sites to which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the Terms and privacy policies of all sites we link to.
6.3 A link to another site does not mean that we endorse or recommend that site.
6.4 We can never guarantee that a link that we offer will work.
7. MODIFICATIONS TO THESE TERMS AND THE SITE
7.1 These Terms will change from time to time and we do not have the resources to let all our visitors know about the changes.
7.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms.
7.3 We may change the Site as often as we choose, and these Terms will still apply to any changes we make.
8. Data Protection and Privacy
You and we both agree to comply with the Privacy Notice which forms part of the Agreement.
9. NO WAIVER
No failure by us to enforce any provision in these Terms will constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms. Such failure will not be deemed to be a waiver of any preceding or subsequent breach and will not constitute a continuing waiver.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the rest of these Terms and the remainder of the provision in question will not be affected.
11. THIRD PARTY RIGHTS
No person who is not a Party to these Terms has any rights under the Contracts (Rights of Third Parties) Act 1999.
12. FORCE MAJEURE
No Party to these Terms, and any Agreement made under them, 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.
13. ADDITIONAL TERMS
13.1 Operative Law – These Terms and any Agreement under which they operate are made under the laws of England and Wales and that is the only jurisdiction which can govern it.
13.3 Effect – These Terms supersede all previous Terms and represent the entire understanding between you and us.
13.4 Time of the Essence – Time will not be of the essence in any part of these Terms.
13.5 Notices – If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.
13.6 Entire Agreement – These Terms contain the entire understanding between us.
These Terms apply if you want to buy anything using the Site or direct from us.
1.1 If you want to order anything from us, you may create an Account with us.
1.2 When you create an Account you promise that:
All information you give us is accurate and truthful.
You will keep this information accurate and up-to-date.
You will not share your Account with anyone else.
You will keep your Account details confidential.
You will not give your username or password to anyone else.
You must log off when you exit the Account.
1.3 We may close your Account if you break these Terms or if there has been no activity on the Account for 12 months and you do not reactivate the Account after we have requested that you do so.
1.4 If we send a payment to your bank account and it is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep the monies in that account, to offset the expenses we have incurred, and you will be entitled to nothing.
1.5 If you do anything which we think might be fraud, we have the right to report those actions to the Police and the money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
1.6 You may only have one Account with us.
1.7 To receive cashbacks and other money back offers and to be part of our referral programme you must be a UK resident with a UK bank account.
1.8 If you change your address at any other time you must tell us.
1.9 If we earn any commission on any transaction in which we are involved or any interest on the money deposited in your Account we may keep that commission and/or interest.
1.10 You can cancel your Account with us at any time; all you need to do is to email us at email@example.com
2.1 You represent and warrant that:
2.1.1 all information you submit to us is complete, accurate and truthful;
2.1.2 you have permission to submit payment information where permission may be required;
2.1.3 you will at all times keep this information accurate and up-to-date.
2.2 A binding contract, on these Terms, when ordering through the Site will come into existence only when we accept an order from you. If you purchase a Product or Service at our shop, a binding contract will come into effect when we provide you with a receipt for money paid for the Product or Service.
2.3 If making an order through the Site, until we tell you, by email or otherwise, that we have accepted your order, we can reject it and will return any money you have sent us using the method by which you paid us.
2.4 If, for any reason, we can’t supply the Product or Service you have ordered, even after we have accepted your order, as long as we refund all money you have paid us, we will have no further liability to you.
2.5 You will own the Product as soon as we have passed it to our carrier or, if you are collecting it, as soon as you have paid us.
2.6 If we are sending the Product to you, unless we have agreed to insure it in transit, itwill be sent at your risk.
2.7 If we agree to supply a Product to an address outside the United Kingdom, you agree to pay all taxes and duties which may be imposed upon it.
2.8 We will retain all Products, where you are collecting them, for a period of 4 weeks, free of charge. After that time, we will charge £10.00 per week for storage and administration charges and, if those charges exceed the price of the Product, we may retain the Product as payment for them and, in that event, all storage charges will end.
2.9 We always try to describe all of our Products accurately but we can never guarantee that small changes will not occur in manufacture.
2.10 The images we use may not look the same on our screens as they will on yours.
2.11 All measurements/sizes we publish are subject to minor variations in manufacture if applicable.
2.12 Any Product you buy from us will be despatched to you in the manner you have selected when making the order but, although we will do our best, we cannot guarantee that any delivery time quoted will be met.
3. SERVICES AND INSTALLATION
3.1 You will only be able to use our Services when a binding contract has come into existence under these Terms.
3.2 We will use our best endeavours to provide the Services with reasonable skill and care.
3.3 You must tell us, while we are providing any of our Services, if there is any aspect of them that you do not understand. We are unable to deal with any lack of understanding, if you do not tell us about it.
3.4 We have the right at any time and for any reason we deem appropriate to alter the Services and the way we provide them.
3.5 Our Estimates are valid only for a period of 30 days or as stated therein.
3.6 If an Estimate includes the supply of Products, you accept and agree that we can quote the prices for such Products as they are on the date of that estimate and that, should those prices change, when we order the Products, we may alter the amount of that Estimate, to reflect the change.
3.7 We have the right to increase the any Estimate we provide, if:
3.7.1 prices for any Products we have agreed to supply or for any sub-contract labour we need to employ increase between the date of such Estimate and the date upon which our Services are to be supplied; and/or
3.7.2 any factor, of which we were not aware, when providing our Estimate becomes evident, before Installation has commenced; and/or
3.7.3 in the course of providing the Services we discover circumstances which make the provision of those Services substantially more difficult to carry out.
4. DATES AND TIMINGS
Whilst we will always do our best to meet any date we have agreed with you for the supply of Products or Services, we are unable to control third party suppliers. Time will not be of the essence in relation to any dates and times we provide.
5. SELF INSTALLATION
5.1 Many of the Products we supply are, by their nature, complicated and must be installed correctly. You agree to look at, understand and carry out all installations in accordance with the installation information provided with such Products.
5.2 As we may not be aware of your intended use of our Product, you must seek such additional professional advice as is appropriate to your use of it.
5.3 With certain of our Products, you may need to have permissions or professional or other qualifications to use them and, by making an order for or buying such Products, you warrant that you have all such permissions and qualifications or will not install the Product yourself but will have such installation carried out by a suitably qualified person.
5.4 You warrant and agree that, when using our Products, you will do so in a safe manner and not so as to cause harm, damage or injury to yourself, any third party or any property.
If we provide our design service to you, the following provisions will apply.
6.1 If you provide your own measurements, wish to install products you own or provide us with any other information which might affect our design, you are responsible for ensuring the accuracy of the information and suitability of any such product. We have no liability for any errors or omissions on your part.
6.2 We accept responsibility for the accuracy of our own measurements, if we take any.
6.3 Every image we produce will appear differently on other screens and when printed. We are only responsible for colour and design changes, if we have provided you with a physical example of the Product before the design is completed, but all samples will have minor variations caused by natural effects, batch changes and minor manufacturing differences – for which we do not accept responsibility.
6.4 You must ensure that we have full information about any issue which might affect the design. We will take reasonable care to make sure that we have dealt with all visible issues, but you must advise us of any issues which are not visible.
6.5 As the process is iterative, we require your feedback on any designs we produce. If you do not produce such feedback, we will assume that a design is acceptable to you.
6.6 We will refund your fee:
6.6.1 when you place an order with us, for Services or Products directly associated with the design and satisfy the conditions for such refund advertised on the Site – which will be given as a credit towards the price of the Services or Products you are buying; or
6.6.2 if, at any time, we form the opinion that we are unable to assist you.
7. THIRD PARTY INSTALLERS
7.1 If we are not able to undertake installation of a Product ourselves, we may suggest a third party carries out the installation. If that is the case:
7.1.1 we do not warrant that such installer is a good and satisfactory alternative to us – and you must carry out such research as you deem necessary, to assure yourself that such installer is suitable for your project;
7.1.2 whilst we may take payment of a deposit on behalf of the installer, you must make arrangements to pay the installer, direct, all other sums due;
7.1.3 we have no responsibility for any breach by such installer of its contract with you.
7.2 If our Products are fitted by any third party, the guarantees for those Products will remain unchanged but will be subject to their correct fitment, in accordance with all fitting instructions.
8.1 Payment for any Product may be made through the Site, or by cash or card, using the methods we provide.
8.2 We will not retain any information relating to your bank or credit cards except the information that you give to us so that we can credit your bank account.
8.3 Our payment gateways may retain information relating to your bank and credit cards, so that they can provide the payment service we and you benefit from.
8.4 Unless we have agreed to offer you credit, we require payment in full, before we supply/deliver any Product.
8.5 If we have agreed to offer you a credit facility, you must settle each invoice we provide within 30 days of the day it was sent to you, or as detailed on the invoice or periodic statements we send you.
8.6 If you fail to pay any sum due to us by its due date, we may charge interest on all unpaid sums, from the date of the invoice until the actual date of payment (whether before or after judgment) at the rate of 8% per annum above the base rate, from time to time, of Barclays Bank PLC.
9. VOUCHER CODES/DISCOUNT CODES/COUPON CODES
We may offer voucher, discount and coupon codes from time to time; they will be effective only on the terms on which they are offered.
10. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
10.1 We will not be liable for any failure or delay in performing our obligations under these Terms if that failure or delay arises because of any cause beyond our reasonable control.
10.2 Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
10.3 If this happens:
We will tell you as soon as we reasonably can;
We will do all that we reasonably can to minimise the delay;
If we cannot minimise the delay, we will cancel your order for the Product and refund you the money you have paid us, using the same method by which you paid us
11. TRANSFERRING RIGHTS AND OBLIGATIONS
11.1 We may transfer (assign) our rights and obligations under these Terms to a third party. This might happen if we sell our business. If that happens, we will tell you and your rights under these Terms will not be affected.
11.2 You may not transfer (assign) your rights and obligations under these Terms.
12. LIMITATION OF LIABILITY
12.1 We guarantee our workmanship against all defects which arise due to errors or faults on our part, for a period of two years from the date we complete the work. This guarantee does not cover misuse on your part, your failure to follow instructions we have given or any changes you make which affect the Services we supply.
12.2 Our guarantee is limited to correcting any errors or faults in our workmanship and only covers any consequential damage, if that damage was fully foreseeable by us when undertaking the Services.
12.3 We offer you the manufacturer’s guarantee on all Products we supply but do not provide any further or additional guarantee on any Product.
12.4 Save as above, we deny, as far as we are legally able, all liability for any losses you may incur in the purchase of any Product.
12.5 In any event, we are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
12.6 Nothing in these Terms limits our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.7. If you are a business user, please note that, in particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
12.8 If you are a Consumer, please note that we only provide Products for domestic and private use. You agree not to use our Products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
In the unlikely event that you wish to make a complaint about any Product or Service we offer, please contact us at: firstname.lastname@example.org
DELIVERY AND RETURNS POLICY
1.1 Delivery will only be made when we have received payment in full from you and accepted your order.
1.2 We can deliver only to the address, and in the manner, you have specified when ordering.
1.3 If we offer free delivery on any Product, delivery will be by the method we choose.
1.4 We cannot guarantee that we will meet any delivery date you require and events beyond our control (such as pandemics, strikes, supplier and other issues) may cause delays which we cannot control.
1.5 We will do our best to comply with any delivery instructions you specify but cannot guarantee to do so and will have no liability if we do not comply with them. If you have any such instructions, they must be clearly displayed in your order.
1.6 Please ensure you provide us with the correct delivery address as any mistakes cannot be rectified and/or compensated for once we have shipped your order.
1.7 You must ensure that we can make the delivery; we have the right to charge additional delivery charges if a delivery is refused.
1.8 If delivery of your order is not possible for any reason, which may include (but not by way of limitation) an incorrect address, or no one being available to sign for or collect the order, an additional charge will be made to cover the additional delivery and administration costs.
1.9 If you are ordering Products from us for delivery outside the United Kingdom, you accept and agree that it is your responsibility to:
1.9.1 pay all duties and taxes arising from the purchase outside the United Kingdom; and
1.9.2 ensure that ownership and use of the Product is legal in the country to where they are delivered.
1.10 You may, by prior arrangement, collect Products from us, within our normal working hours.
2. CANCELLATION AND RETURNS
2.1 If you are buying any Product from us as a Consumer then the following provisions apply. They do not apply if you are not a Consumer.
2.2 We cannot offer Cancellation or Returns on Products which we have custom made for you, unless those Products are defective.
2.3 If you do not want the Product, you must tell us within 14 days of receiving it and cancel this contract by emailing us at email@example.com or writing to us within the 14-day period at this address: Wallingford Tiles & Bathrooms Ltd, 35 Wallingford Road, Goring RG8 0HL. If you are writing to us, we suggest that you obtain proof of postage. After that period has expired, you have no right to cancel and should we allow cancellation this will be subject to a restocking charge of at least 20% of the value of the Product.
2.4 You may cancel your order before we dispatch it and, in that event, we will refund you the amount you have paid us through the payment method you used when buying the Product.
2.5 Refunds or replacements will be issued only upon our receipt of the returned Product in unused, original condition, in the original packaging and with all original labels and original tags attached and any seals present, unbroken and intact.
2.6 If you are unable to arrange delivery of a cancelled purchase, we will collect it and charge, from the refund you are due, our reasonable collection costs.
2.7 If you have used or damaged the Product, you may be entitled to no refund.
2.8 If you receive a Product which:
- is of unsatisfactory quality; or
- is not fit for its purpose; or
- does not match the description of the Product that you ordered from us; or
- has faults when it is delivered to you; or
- has been damaged in transit,
you must tell us, by emailing us at: firstname.lastname@example.org, as soon as possible and within 15 days of delivery to arrange for its return. We may ask for photographic evidence of any issue, and the Product must not be returned until you have heard from us. We will pay the reasonable return shipment costs.
2.9 You agree that, for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we may confirm the terms of the agreement between you and us and the Product we are selling by email.
2.10 Any failure to comply with these provisions may mean that your right to a refund is lost.
2.11 If you are not buying as a Consumer we will not accept returns.
2.12 You must include the date of your order; the order number; your name and address, and tell us what Product you are returning by emailing us at email@example.com.
3. INFORMATION ABOUT THE EXERCISE OF THE RIGHT TO CANCEL THIS CONTRACT
3.1 RIGHT TO CANCEL
3.1.1 You may have the right to cancel this contract within 14 days without giving any reason. That right does not apply for any purchase you have made whilst visiting our showroom.
3.1.2 The 14-day period will start:
If the item we are selling is a physical item – when you receive it.
If we are supplying multiple Products – then the day upon which you received the last item.
If this is a regular supply – when you receive the first consignment.
3.2.1 To exercise the right you must tell us by post or email and you should use the attached form – but this is not compulsory. The address you should use is:
35 Wallingford Rd Goring RG8 0HL
3.2.2 To meet the cancellation deadline you must send the form or tell us before the end of the 14-day period. You should keep a proof of posting if you send us a letter and proof of posting when sending a Product back to us.
3.3 EFFECT OF CANCELLATION
3.3.1 If you cancel this contract, we will repay you all payments you have made to us, including delivery costs (unless you have asked for non-standard delivery).
3.3.2 We can deduct from the amount we send back to you any reduction in value of the Product which results from unnecessary handling by you.
3.3.3 We will repay you:
188.8.131.52 Within 14 days from receiving the Product back from you.
184.108.40.206 Within 14 days of receiving proof that you sent the Product back to us.
220.127.116.11 If we did not supply the Product, then within 14 days of your telling us that you want to cancel.
3.3.4 We will pay you back using the same method that you paid us.
3.3.5 If you have removed labels and tags from the Product, if you have damaged them or if you return them in an unsaleable condition, your rights to cancel your purchase may be affected.
CANCELLATION AND RETURNS FORM
You can download this form in PDF format here.
REMEMBER THAT YOU HAVE ONLY 14 DAYS TO SEND THIS FORM TO US.
IF SENDING BY POST GET A PROOF OF POSTING FREE FROM THE POST OFFICE.
INSURE YOUR PARCEL AS WE MAKE REFUNDS ONLY WHEN THE PRODUCT IS IN OUR HANDS.
In all parts of these Terms, the following words will have the following meanings:
|We, Us, Our||means Wallingford Tiles & Bathrooms Limited, 35 Wallingford Road, Goring, Reading RG8 0HL. Company Number 11571230|
|Site, Website||means www.wallingfordtilesandbathrooms.co.uk|
|You, Your||means a visitor to the Siteor someone who wishes to purchase a Product from us or our Services.|
|Account||means the account we may require you to open, if you wish to use our Services.|
|Agreement||means the agreement you make with us, if you wish to use the Site or purchase any Product or Service from us.|
|Consumer||means a Consumer, as defined by the Regulations.|
|Content||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.|
|Estimate||any estimate we provide to you, for the supply of goods and/or services.|
|IP||means Intellectual Property and all rights associated with the use of that Intellectual Property.|
|IPR||means Intellectual Property Rights and includes copyright (and related rights), designs, patents, trademarks, and all other intellectual property rights that may exist in anything that we may create or produce as part of the Services. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant).|
|Material||means any recorded material which appears on the Site, all images on the Site, all written material, including books, e-books, guides, blogs and any other matter of any nature the IPR of which belongs to us or those affiliated to us.|
|Product||means any product we supply through the Site, or direct to you.|
|Regulations||means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.|
|Services||means any services we supply to you.|
|Terms||means the terms and conditions contained herein.|