Terms and conditions

THESE TERMS

1.1

What these terms cover. These are the terms and conditions on which we supply goods to you.

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 goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

INFORMATION ABOUT US AND HOW TO CONTACT US

2.1

Who we are. We are Rouse Tile Studio, registered with company number 14979045, the registered office of which is situated at 13 Red Lodge Road, West Wickham, England, BR4 0EL.

2.2

How to contact us. You can contact us by telephoning 020 8777 1787, or by writing to us at info@rousetilestudio.co.uk.

2.3

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.

2.4

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

OUR CONTRACT WITH YOU

OUR GOODS

4.1

Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the goods accurately, we cannot guarantee that a device’s display of the goods accurately reflects them. Your goods may vary slightly from those images.

4.2

In addition, you acknowledge that:

1. the goods are natural and geological variations will occur in terms of colour, markings, thickness and size; and
2. all goods are porous to some degree and should be sealed, and some may easily be scratched and/or be subject to natural pitting or chipping,

all of which are beyond our control and for which we do not accept responsibility.

4.3

Making sure your measurements are accurate. It is important that you check your measurements carefully; we will not be liable for any shortfalls or surpluses arising from incorrect measurements. Your order should always include an additional 10% to allow for wastage to cover cutting, minor imperfections, as could be expected with the type of stone and finish ordered, and breakage. If you do not order enough, subsequent goods (as they are a naturally occurring product) may not exactly match the original goods.

YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

OUR RIGHTS TO MAKE CHANGES

Changes to the goods. We may change the goods or substitute goods for equivalent or similar goods:

1. to reflect changes in relevant laws and regulatory requirements; or
2. as a result of an event outside of our control, the goods you ordered are unavailable.

PROVIDING THE GOODS

7.1

Delivery costs. The costs of delivery will be as told to you during the order process.

7.2

When we will provide the goods. During the order process we will let you know when we will provide the goods to you. We will contact you to agree a delivery date.

7.3

We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

7.4

If you are not at home when the goods are delivered. If no one is available at your address to take delivery of the goods, we will leave you a note informing you of how to rearrange delivery.

7.5

If you do not re-arrange delivery. If you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the contract and clause 9.2 will apply.

7.6

Your legal rights if we deliver late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

1. we have refused to deliver the goods;
2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
3. you told us before we accepted your order that delivery within the delivery deadline was essential.

7.7

Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.8

Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.9, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them to us or allow us to collect them from you. We will pay the costs or collection. Please call us on 01380 735886 or write to us at sales@capietra.com to arrange collection.

7.9

When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.

7.10

When you own goods. You own the goods once we have received payment in full.

7.11

What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods, for example, delivery information or to confirm any aspect of the goods ordered. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) 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 goods 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.

7.12

Reasons we may suspend the supply of goods to you. We may have to suspend the supply of the goods to:

1. update the goods to reflect changes in relevant laws and regulatory requirements;
2. make changes to the goods as requested by you or notified by us to you (see clause 6).

7.13

Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. You may contact us to end the contract for the goods if we suspend its supply, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the goods after you end the contract.

7.14

We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 11.4) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. We will not suspend the goods where you dispute the unpaid invoice (see clause 11.6). As well as suspending the goods we can also charge you interest on your overdue payments (see clause 11.5).

YOUR RIGHTS TO END THE CONTRACT

8.1

You can always end the contract for supply of goods before it has been delivered and paid for. You may contact us to end your contract for goods at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where goods are faulty or mis-described (see clause 10, “If there is a problem with the goods”).

8.2

What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:

1. we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
2. there is a risk that supply of the goods may be significantly delayed because of events outside our control;
3. we have suspended supply of the goods for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
4. you have a legal right to end the contract because of something we have done wrong (but see clause 7.10 in relation to your rights to on end the contract if we deliver late).

If you end the contract because there is a risk that supply of the goods may be significantly delayed because of events outside our control, you agree that it is fair and reasonable for us either to deduct from the refund or to charge you for all costs relating to any bespoke goods or non-stock items that would otherwise have been supplied to you under the contract.

8.3

What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. You should note that all costs relating to any bespoke goods or non-stock items may either be deducted from the refund or charged to you, and it is agreed that it is reasonable for us to do so.

8.4

Returning goods after ending the contract. If you end the contract after goods have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.

OUR RIGHTS TO END THE CONTRACT

9.1

We may end the contract if you break it. We may end the contract for a goods at any time by writing to you if:

1. you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods; or
3. you do not, within a reasonable time, allow us to deliver the goods to you.

9.2

You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

IF THERE IS A PROBLEM WITH THE GOODS

10.1

How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone us on 020 8777 1787 or email

PRICE AND PAYMENT

11.1

Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the goods you order.

11.2

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods (including delivery costs) in full before the change in the rate of VAT takes effect.

11.3

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. 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 goods provided to you.

11.4

When you must pay and how you must pay. Our preferred payment method is by BACS but, if delivery is required at short notice, we can accept card payments. We accept all major credit card or debit cards with the exception of American Express. You must pay for the goods (including delivery costs) before we dispatch them. We will not charge your credit or debit card until shortly before we dispatch the goods to you.

11.5

We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% per annum above the base rate of Lloyds Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.6

What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2

What we are not liable for. We are not liable to you in respect of the goods if:

1. a defect arises because you failed to follow our written instructions as to the storage, commissioning, use or maintenance of the goods;
2. you alter or repair the goods without our consent in writing;
3. a defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
4. the goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.

12.3

We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1

How we will use your personal information. We will use the personal information you provide to us:

1. to supply the goods to you;
2. to process your payment for the goods; and
3. if you agreed to this during the order process, to inform you about similar goods that we provide, but you may stop receiving these at any time by contacting us.

13.2

We will only give your personal information to third parties where the law either requires or allows us to do so.

OTHER IMPORTANT TERMS

14.1

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we, acting reasonably, agree to this in writing.

14.3

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

14.4

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

14.5

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.

 

14.6

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.

Contact Rouse Tile Studio

Get in touch with our team to discuss our terms and conditions further. Call us on 020 8777 1787 or email info@rousetilestudio.co.uk.