Terms and conditions (private customers)
All orders are placed with ENCAUSTIC TILES Zementfliesen. Registered office: Neue Bahnhofstrasse 1a 10245 Berlin, Germany. These terms and conditions will apply to all online sales by ENCAUSTIC TILES Zementfliesen to private customers only. If you are a commercial customer please ask us for our terms and conditions.
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 company and the Customer comprised of these Conditions and the Invoice. "The Company" means ENCAUSTIC TILES Zementfliesen "We and Us" and related expressions means ENCAUSTIC TILES Zementfliesen. "Customer" means the person (18 years of age or older) or company specified on the invoice. "You and Your" and related expressions means the person(s) or company 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.
Payment for invoices other than samples is only accepted by bank transfer. We do not accept payment for invoices by Paypal or check due to the charges and the risk of checks getting lost in the post and long clearance times. The payment is as follows: 100% before shipping your GOODS. Please note that we may ship your GOODS already before receiving your payment and your order is binding for you as soon as we accept it and email you our order confirmation.
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.
IMPORTANT: All given Delivery dates are ETA (estimated time of arrival) and we do not guarantee any Delivery dates and can not be held responsible or liable for any changes in the time and or date of Delivery. If you order in stock tiles but also specially tiles which are not in stock and which needs to be shipped outside the UK firstly, please make sure that you do not make arrangements (e.g. fixed dates) for the tiles to be installed prior to the delivery at your premises. It may can happen that there are delays in receiving tiles from overseas up to 14 days or more due to customs, weather conditions, strike or change of our estimated container shipping dates. Should there be any changes in the time and or date of Delivery We will notify you as soon as possible. Please note that we may ship your GOODS already before receiving your payment and your order is binding for you as soon as we accept it and email you our order confirmation.
The delivery driver will not handle the Goods after unloaded on the kerb side. Unfortunately the driver can not bring the GOODS into your premises. 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, you may have to pay a re-delivery charge. 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
The Customer should inspect the Goods on delivery to ensure that the Goods are of the correct type, correct amount, satisfactory quality and undamaged. You have to inform us within 48 hours latest after the Delivery of Goods of any damaged or unsatisfactory Goods by email otherwise we are not able to refund you for damaged or not satisfactory Goods. If you are not happy with the Goods you can either refuse them on delivery or let us know that you do not want to keep them within 14 days after the date of delivery. The Customer shall be deemed to have accepted the Goods if not returned within 14 days of the date of delivery or when you have not informed us by email within 14 days after the date of delivery that you do not want to keep the Goods. Cancellation before you receive your GOODS: If your tiles are already booked for collection from one of our warehouses, but have not left, you are liable for the delivery charge. If you cancel your order after we have shipped them, even you did not receive them, you are liable for the delivery charge and also the charge for returning the tiles to one of our warehouses as the delivery companies will charge us for these costs. It is not possible to cancel part of your order, only the whole order can be cancelled. If cancelled, there is no restocking fee. Please note that we may ship your GOODS already before receiving your down payment and your order is binding for you as soon as we accept it and email you our order confirmation.
8. RETURNING OVER-ORDERED TILES:
We recommend to measure exactly and order only 10% extra for wastage and cutting to avoid costs in returning GOODS. We also recommend to keep some of our GOODS as you may need them in the future. If you like to return stock GOODS, please inform us before. There is a 10% restocking fee and we only can take back full and unopened boxes. We can arrange a collection for you for an additional charge of at least GBP 79.00 inc. VAT, depending on the amount of GOODS returned and your post code. Please note that our handmade GOODS can easily be damaged and we therefore strongly advise our customers not to return them by post or courier services (that's why we deliver them securely packed on a pallet by lorry). Shipping them by post or courier service will most likely damage the GOODS. We recommend to let us arrange the collection from you instead to avoid damages, which you are liable for. If we receive damaged (chipped, cracked or broken) tiles, we can not sell them anymore and therefore can not refund them unfortunately. If Goods are lost or damaged in transit, we reserve the right to charge you for any loss or damage. The possibility to return your GOODS is limited to 3 months after you have received them. Bespoke orders (orders made from your own design with our easy-to-use online Encaustic tiles configurator or your design) may not be returned, as they are custom made to your requirements. Returning Goods is at your own risk. If Goods are lost or damaged in transit, we reserve the right to charge you for any loss or damage.
9. TITLE AND RISK
The Goods are at the risk of the Customer once received. Ownership will only pass to you when we receive payment in full.
10. 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.
11. TECHNICAL ADVICE
Any advice given by the Company in person, by phone, email or on our website related to installing, maintaining and cleaning of our Goods is in good faith but should be used as guidance only. It is the responsibility of the Customer to install them correctly or let someone install them correctly, 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 and or of cleaning them.
German law is applicable to any contract made under these terms and conditions and the contract is subject to the exclusive jurisdiction of the German courts. If any of these terms and conditions are not enforceable 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.