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Terms & Conditions (Tiles)

On this page you will find three sets of Terms and Conditions:

Please make sure you are referring to the relevant one for you.

Terms and Conditions of Sale for Newly-Made Encaustic Tiles

TERMS AND CONDITION OF SALE

1. Definitions
“Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods. “we” and “us” means Alhambra Tiles Ltd whose business address is at 148 High Street Buildings, Kirkdale, London SE26 4BB. Tel. 020-3417 6385. Email. mail@alhambrahome.co.uk and “you” means the customer.
“Business Sales” includes selling to a trade, profession or professional body.
“Consumer Sales” includes selling to any person who is purchasing for purposes outside of their normal business.
“Delivery Address” means the address at which we agree to deliver the Goods.
“Goods” means the goods which we agree to provide to you on these terms.
“Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address.
“Price of the Goods” means the price for the Goods shown inclusive of delivery unless otherwise agreed in writing and signed by both of us.
“Total Price” means the price for the Goods and any delivery cost.

2. Order and Sale
2.1 You order and agree to buy, and we agree to sell, the Goods at the Price, subject to these terms and conditions.
2.2 Products which are not standard and are therefore specifically ordered for you or fabricated for you must be paid for in full before the order/fabrication will be processed and cannot be cancelled after the order/fabrication process has started.

3. Applicable terms, conditions and representations

3.1 These terms are the express terms and conditions governing the Agreement.
3.2 There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and signed by both of us.
3.3 It is your responsibility to check that the details relating to your order are correct and to provide us with all the relevant information relating to the environment in which the Goods are intended to be used and for their Delivery.
3.4   It is important that you check your measurements carefully. An order should always include an additional 15% to allow for wastage to cover cutting, minor imperfection, as could be expected with the type of tile ordered, and breakage. If you do not order enough, subsequent Goods, as they are a handmade product, may not be exactly the same as the original Goods.
3.5 We can provide estimates of quantities of Goods but this will be based on general guidelines and the measurements which you have supplied. It is your responsibility to provide accurate measurements to ensure that the correct quantities of Goods are ordered. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required. We will not be responsible for any shortfalls or surpluses.
3.6 Where you are acting other than as a consumer, you confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us that is not expressly incorporated into this Agreement in writing and signed by both of us.
3.7   As we have not carried out a survey or inspection of the installation site of the Goods, we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.
3.8 We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation (to us or you). We will endeavour to notify you as soon as possible should these problems occur.
3.9 In the case of Business Sales, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply to this agreement between us.

4. Description and samples

4.1   All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
4.2   You acknowledge that the Goods are handmade using natural products and pigments, and slight variations may occur in terms of markings and between consignments which are beyond our control. The colour of the Goods may alter slightly over time. We advise you to view as much of the Goods as possible before entering into this Agreement.
4.3   You should be aware that all the Goods are porous to some degree and should be sealed. They may easily be scratched and stained before they are sealed. It is recommended that the Goods are re-sealed annually.

5.Price

Business Sales
5.1 The Price is the price indicated and includes the delivery charge, unless otherwise agreed in writing and signed by both of us.
Consumer Sales
5.2   The Price is the price indicated and includes delivery charges.
All Sales
5.3   We reserve the right to change the Price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increase of the costs of materials and such like. If we change the Price and you are not happy with it, you will be able to cancel your order. Products which are not standard and are therefore specifically ordered for you or are fabricated for you cannot be cancelled after the order/fabrication process has started. If we do agree to cancel the order, you will be liable for any reasonable costs incurred.

6. Payment
6.1 Payment in full is required on placement of your order. Please note that we will not commence production until we are in receipt of cleared funds.
6.2 Payment can be made either by BACS bank transfer, debit card or cheque.
6.3 BACS payments should be made to Royal Bank of Scotland
Account name: Alhambra Tiles Ltd
Account number: 10947730
Sort Code: 16-00-93
BIC RBOS GB 2L
IBAN GB98 RBOS 1600 9310 10947730
6.4 Card Payments can be made at our business address in person or by telephone.
6.5 Cheques should be made out to Alhambra Tiles Ltd.

7. Delivery and Collection

7.1 We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not the essence of this Agreement. We use an independent delivery company for which we are not responsible so we cannot guarantee delivery times.
7.2 The Goods will be off-loaded at the nearest accessible point to the Delivery Address at the discretion of the driver, which may be the kerb side. The driver will not handle the Goods further.
7.3 You must make us aware of any access restrictions or difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the off-load and sign for the Goods.
7.4   If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.
7.5     Occasionally, by prior arrangement, it may be be possible to collect small orders from our showroom at Alhambra, 148 Kirkdale, London SE26 4BB. If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages.

8. Risk and Property
8.1   The risk of, for example, breakage, loss and damage in the Goods will pass from us to you on completion of delivery or, if you decide to collect the Goods, at the point of collection.
8.2 The ownership of the Goods will not pass to you until we have received payment of the Total Price in full in cleared funds.

9. Unpacking, stacking and storing
9.1 Care needs to be taken when unpacking the Goods as spacers may need to removed from the packaging before the Goods are lifted out. The Goods should always be stacked and stored vertically (on edge) but not on a hard surface as this may cause unnecessary edge-chipping. We cannot be held responsible for damage which occurs after delivery or, if you decide to collect the Goods, after collection.
9.2 Cement tiles may need to dry out before the installation process begins. You should ask your fitter to advise you if this is the case.

10. Examination and Acceptance
10.1 Our suppliers take care to ensure that all of our Goods leave their premises in Spain in perfect condition. If there is any obvious damage to the Goods, please make a note of the damage on the delivery note. If it is not possible to inspect all the Goods on arrival, please write ‘unchecked’ on the delivery note. If the Goods are deemed and proven to be damaged on delivery, by way of documentary evidence such as a photograph, we will bear the cost of re-delivery and replacement Goods. Please note that you will still be required to notify us under clause 10.2, 10.3 and 10.4 (as applicable).

Business Sales
10.2 You must inspect the Goods on delivery or collection (as the case may be) to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, you must notify us within 48 hours of delivery or collection (as the case may be) for correction, replacement or refund of all or part of the Price (at our option), which will be your sole remedy. If the Goods are damaged or of unsatisfactory quality, we reserve the right to request documentary evidence, such as a photograph, in support of your statement. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your only rights and remedies in relation to the Goods and all other terms and conditions, express or implied, relating to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.
Consumer Sales
10.3 If the Goods are not of the correct type or of satisfactory quality, i.e. damaged, you should notify us as soon as possible within 7 days and we will either refund you the total Price or make available replacement Goods (at your option).
If the fault with the order proves to be an error on your part, you will be required to bear the cost of redelivery of replacement Goods and collection of the original Goods.
10.4 If an incorrect amount of Goods are delivered or collected you should notify us as soon as possible within 7 days and we will arrange to deliver or make available (as appropriate) the correct quantity of the Goods.
If this proves to be an error on our part, we will bear the cost of delivery of the balance of the order.
If this proves to be an error on your part, you will bear the cost of delivery of the balance of the order. 

11. Limitation of Liability
Business Sales
11.1 We will only be liable to you under or in relation to this Agreement or in relation to the Goods if you tell us about any shortfall, proven damage or defect in the Goods within 48 hours after delivery or collection (as appropriate) but not otherwise. We reserve the right to request documentary evidence, such as a photograph, of the damage or fault.
If you so notify us, our only obligation to you will be (at our option):

  1. to make good any shortage or non delivery; or
  2. to replace or repair any damaged or defective Goods.

11.2 We will not be liable to you for loss of profits or loss of business, depletion of goodwill or for any indirect or consequential loss or other consequential compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the Price.
11.3 We reserve the right to charge a restocking and collection charge for goods returned to us which are not for reasons outlined in clause 11.1.
Consumer Sales
11.4   We will be liable for your losses arising out of the provision by us of a shortfall in, or defective or damaged Goods to the extent that such losses are reasonably foreseeable. However, we will not be liable to you for lost working time or the cost of third party contractors where you (or your contractor) fail to install the Goods correctly or fail to use the correct base, sealants or installation techniques or if the environment in which the Goods are installed is unsuitable.
11.5   Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge with your order, which may be of use to you. We will therefore only be liable to you if we have not provided you with the quantity of Goods which you ordered in a non-defective and undamaged condition.
11.6   Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.

12. Right of Cancellation for Consumers
This clause only applies if you are acting for a purpose outside your business and there has been a distance contract.
Distance Contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made.
12.1 You may cancel this Agreement within 14 days (period of cancellation) beginning the day after you receive the Goods. 
12.2 You may cancel verbally, or by letter or email sent within 14 days to us at the address set out in clause 1.
12.3. You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.
12.4 If you wish to cancel Goods which have already been delivered, then you must return the Goods to us at your own cost, or we can send a courier to collect them from you. If we send a courier to collect the goods, then you will be liable for the cost of collection. You will also be liable for our costs already incurred: the price we have paid our suppliers for the tiles and the cost of delivery of the tiles to you.
12.5 You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care.

13. Fixing Products and Installation
13.1   We advise you to read the ‘Technical’ page on our website at http://alhambrahome.co.uk/pages/technical before installation. The advice given here and any other advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter.
13.2. We do not offer an installation service and it is your responsibility to ensure a professional fitter is carrying out your installation. We strongly recommend that you take up independent references.
13.3. We cannot therefore be responsible for the manner of installation of the Goods or for damage caused during or arising out of installation.

 14. Bespoke Artwork
Any artwork supplied to us for reproduction on the Goods may not be reproduced without the permission of the artist.

15. Exclusivity
You agree that you will purchase the Goods only through us, and will not seek to purchase the Goods directly from the supplier for a period of five years. This clause does not seek to restrict Competition Law.

16. Third Parties
This agreement is not intended to and does not give any third parties any right to enforce any of its provisions.

17. Governing Law
The construction, performance and validity of this agreement will be governed by English law and the Parties submit to the exclusive jurisdiction of the Court of England and Wales.

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Terms and Conditions of Sale for the PICASSO RANGE

TERMS AND CONDITION OF SALE

1. Definitions
“Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods. “we” and “us” means Alhambra Tile Ltd whose business address is at 148 Kirkdale, London SE26 4BB. Tel. 020-3417 6385. Email. mail@alhambrahome.co.uk and “you” means the customer.
“Business Sales” includes selling to a trade, profession or professional body.
“Consumer Sales” includes selling to any person who is purchasing for purposes outside of their normal business.
“Delivery Address” means the address at which we agree to deliver the Goods.
“Goods” means the goods which we agree to provide to you on these terms.
“Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address.
“Price of the Goods” means the price for the Goods shown inclusive of delivery unless otherwise agreed in writing and signed by both of us.
“Total Price” means the price for the Goods and any delivery cost.

2. Order and Sale
2.1 You order and agree to buy, and we agree to sell, the Goods at the Price, subject to these terms and conditions.
2.2 Products which are not standard and are therefore specifically ordered for you or fabricated for you must be paid for in full before the order/fabrication will be processed and cannot be cancelled after the order/fabrication process has started.

Applicable terms, conditions and representations

3.1 These terms are the express terms and conditions governing the Agreement.
3.2 There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and signed by both of us.
3.3 It is your responsibility to check that the details relating to your order are correct and to provide us with all the relevant information relating to the environment in which the Goods are intended to be used and for their Delivery.
3.4   It is important that you check your measurements carefully. An order should always include an additional 15% to allow for wastage to cover cutting, minor imperfection, as could be expected with the type of tile ordered, and breakage.
3.5 We can provide estimates of quantities of Goods but this will be based on general guidelines and the measurements which you have supplied. It is your responsibility to provide accurate measurements to ensure that the correct quantities of Goods are ordered. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required. We will not be responsible for any shortfalls or surpluses.
3.6 Where you are acting other than as a consumer, you confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us that is not expressly incorporated into this Agreement in writing and signed by both of us.
3.7   As we have not carried out a survey or inspection of the installation site of the Goods, we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.
3.8 We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation (to us or you). We will endeavour to notify you as soon as possible should these problems occur.
3.9 In the case of Business Sales, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply to this agreement between us.
Description and samples
4.1   All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
4.2   You acknowledge that in the case of the Picasso Patchwork Range the patterns included in each box are random. We cannot guarantee that any particular pattern or colour will be included in any box.
Price
Business Sales
5.1 The Price is the price indicated and includes the delivery charge, unless otherwise agreed in writing and signed by both of us.
Consumer Sales
5.2   The Price is the price indicated and includes delivery charges.
All Sales
5.3   We reserve the right to change the Price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increase of the costs of materials and such like. If we change the Price and you are not happy with it, you will be able to cancel your order. Products which are not standard and are therefore specifically ordered for you or are fabricated for you cannot be cancelled after the order/fabrication process has started. If we do agree to cancel the order, you will be liable for any reasonable costs incurred.
Payment
6.1 Payment in full is required on placement of your order. Please note that we will not commence production until we are in receipt of cleared funds.
6.2 Payment can be made either by BACS bank transfer, debit card or cheque.
6.3 BACS payments should be made to Royal Bank of Scotland
Account name: Alhambra Tiles Ltd
Account number: 10947730
Sort Code: 16-00-93
BIC RBOS GB 2L
IBAN GB98 RBOS 1600 9310 10947730
6.4 Card Payments can be made at our business address in person or by telephone.
6.5 Cheques should be made out to Alhambra Tiles Ltd.

7. Delivery and Collection
7.1 We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not the essence of this Agreement. We use an independent delivery company for which we are not responsible so we cannot guarantee delivery times.
7.2 The Goods will be off-loaded at the nearest accessible point to the Delivery Address at the discretion of the driver, which may be the kerb side. The driver will not handle the Goods further.
7.3 You must make us aware of any access restrictions or difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the off-load and sign for the Goods.
7.4   If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.
7.5     Occasionally, by prior arrangement, it may be be possible to collect small orders from our showroom at Alhambra, 148 Kirkdale, London SE26 4BB. If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages.

8. Risk and Property
8.1   The risk of, for example, breakage, loss and damage in the Goods will pass from us to you on completion of delivery or, if you decide to collect the Goods, at the point of collection.
8.2 The ownership of the Goods will not pass to you until we have received payment of the Total Price in full in cleared funds.

9. Unpacking, stacking and storing

9.1 Care needs to be taken when unpacking the Goods as spacers may need to removed from the packaging before the Goods are lifted out. The Goods should always be stacked and stored vertically (on edge) but not on a hard surface as this may cause unnecessary edge-chipping. We cannot be held responsible for damage which occurs after delivery or, if you decide to collect the Goods, after collection.
9.2 Cement tiles may need to dry out before the installation process begins. You should ask your fitter to advise you if this is the case.

10. Examination and Acceptance
10.1 Our suppliers take care to ensure that all of our Goods leave their premises in Spain in perfect condition. If there is any obvious damage to the Goods, please make a note of the damage on the delivery note. If it is not possible to check all the Goods on arrival, please write ‘Unchecked’ on the delivery note. If the Goods are deemed and proven to be damaged on delivery, by way of documentary evidence such as a photograph, we will bear the cost of re-delivery and replacement Goods. Please note that you will still be required to notify us under clause 10.2, 10.3 and 10.4 (as applicable).
Business Sales
10.2 You must inspect the Goods on delivery or collection (as the case may be) to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, you must notify us within 48 hours of delivery or collection (as the case may be) for correction, replacement or refund of all or part of the Price (at our option), which will be your sole remedy. If the Goods are damaged or of unsatisfactory quality, we reserve the right to request documentary evidence, such as a photograph, in support of your statement. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your only rights and remedies in relation to the Goods and all other terms and conditions, express or implied, relating to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.
Consumer Sales
10.3 If the Goods are not of the correct type or of satisfactory quality, i.e. damaged, you should notify us as soon as possible within 7 days and we will either refund you the total Price or make available replacement Goods (at your option).
If the fault with the order proves to be an error on your part, you will be required to bear the cost of redelivery of replacement Goods and collection of the original Goods.
10.4 If an incorrect amount of Goods are delivered or collected you should notify us as soon as possible within 7 days and we will arrange to deliver or make available (as appropriate) the correct quantity of the Goods.
If this proves to be an error on our part, we will bear the cost of delivery of the balance of the order.
If this proves to be an error on your part, you will bear the cost of delivery of the balance of the order.

11. Limitation of Liability
Business Sales
11.1 We will only be liable to you under or in relation to this Agreement or in relation to the Goods if you tell us about any shortfall, proven damage or defect in the Goods within 48 hours after delivery or collection (as appropriate) but not otherwise. We reserve the right to request documentary evidence, such as a photograph, of the damage or fault.
If you so notify us, our only obligation to you will be (at our option):
11.1.1 to make good any shortage or non delivery; or
11.1. 2 to replace or repair any damaged or defective Goods.
11.2 We will not be liable to you for loss of profits or loss of business, depletion of goodwill or for any indirect or consequential loss or other consequential compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the Price.
11.3 We reserve the right to charge a restocking and collection charge for goods returned to us which are not for reasons outlined in clause 11.1.
Consumer Sales
11.4   We will be liable for your losses arising out of the provision by us of a shortfall in, or defective or damaged Goods to the extent that such losses are reasonably foreseeable. However, we will not be liable to you for lost working time or the cost of third party contractors where you (or your contractor) fail to install the Goods correctly or fail to use the correct base, sealants or installation techniques or if the environment in which the Goods are installed is unsuitable.
11.5   Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge with your order, which may be of use to you. We will therefore only be liable to you if we have not provided you with the quantity of Goods which you ordered in a non-defective and undamaged condition.
11.6   Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.
12. Right of Cancellation for Consumers
This clause only applies if you are acting for a purpose outside your business and there has been a distance contract.
Distance Contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made.
12.1   You may cancel this Agreement within 7 working days (period of cancellation) beginning the day after you receive the Goods.
12.2 To cancel you must let us know in writing that you wish to cancel. You may do this by letter or email sent within 7 days to us at the address set out in clause 1. If you tell us verbally you will need to send confirmation in writing within the 7 days.
12.3. You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.
12.4 If you wish to cancel Goods which have already been delivered, then you must return the Goods to us at your own cost, or we can send a courier to collect them from you. If we send a courier to collect the goods, then you will be liable for the cost of collection.
12.5 You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care.

13. Fixing Products and Installation
13.1   We advise you to read the ‘Technical’ page on our website at http://alhambrahome.co.uk/pages/technical before installation. The advice given here and any other advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter.
13.2. We do not offer an installation service and it is your responsibility to ensure a professional fitter is carrying out your installation. We strongly recommend that you take up independent references.
13.3. We cannot therefore be responsible for the manner of installation of the Goods or for damage caused during or arising out of installation.

14. Bespoke Artwork
14.1 Any artwork supplied to us for reproduction on the Goods may not be reproduced without the permission of the artist.

15. Exclusivity
You agree that you will purchase the Goods only through us, and will not seek to purchase the Goods directly from the supplier for a period of five years. This clause does not seek to restrict Competition Law.

16. Third Parties
This agreement is not intended to and does not give any third parties any right to enforce any of its provisions.

17. Governing Law
The construction, performance and validity of this agreement will be governed by English law and the Parties submit to the exclusive jurisdiction of the Court of England and Wales.

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Terms and Conditions of Sale for the GRANADA RANGE

1. Definitions

“Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods. “we” and “us” means Alhambra Tiles Ltd whose business address is at 148 Kirkdale, London SE26 4BB. Tel. 020-3417 6385. Email. mail@alhambrahome.co.uk and “you” means the customer.
“Business Sales” includes selling to a trade, profession or professional body.
“Consumer Sales” includes selling to any person who is purchasing for purposes outside of their normal business.
“Delivery Address” means the address at which we agree to deliver the Goods.
“Goods” means the goods which we agree to provide to you on these terms.
“Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address.
“Price of the Goods” means the price for the Goods shown inclusive of delivery unless otherwise agreed in writing and signed by both of us.
“Total Price” means the price for the Goods and any delivery cost.

2. Order and Sale
2.1  You order and agree to buy, and we agree to sell, the Goods at the Price, subject to these terms and conditions.
2.2 Products which are not standard and are therefore specifically ordered for you or fabricated for you must be paid for in full before the order/fabrication will be processed and cannot be cancelled after the order/fabrication process has started.

3. Applicable terms, conditions and representations
3.1 These terms are the express terms and conditions governing the Agreement.
3.2  There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and signed by both of us.
3.3  It is your responsibility to check that the details relating to your order are correct and to provide us with all the relevant information relating to the environment in which the Goods are intended to be used and for their Delivery.
3.4    It is important that you check your measurements carefully. An order should always include an additional 15% to allow for wastage to cover cutting, minor imperfection, as could be expected with the type of tile ordered, and breakage. If you do not order enough, subsequent Goods, as they are a handpainted product, may not be exactly the same as the original Goods.
3.5  We can provide estimates of quantities of Goods but this will be based on general guidelines and the measurements which you have supplied. It is your responsibility to provide accurate measurements to ensure that the correct quantities of Goods are ordered. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required. We will not be responsible for any shortfalls or surpluses.
3.6 Where you are acting other than as a consumer, you confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us that is not expressly incorporated into this Agreement in writing and signed by both of us.
3.7   As we have not carried out a survey or inspection of the installation site of the Goods, we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.
3.8  We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation (to us or you). We will endeavour to notify you as soon as possible should these problems occur.
3.9  In the case of Business Sales, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply to this agreement between us.

4. Description and samples
4.1    All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
4.2   You acknowledge that the Goods are handpainted using natural products and pigments, and slight variations may occur in terms of markings and between consignments which are beyond our control. The colour of the Goods may alter slightly over time. We advise you to view as much of the Goods as possible before entering into this Agreement.

5. Price
Business Sales
5.1 The Price is the price indicated and includes the delivery charge, unless otherwise agreed in writing and signed by both of us.
Consumer Sales
5.2   The Price is the price indicated and includes delivery charges.
All Sales
5.3   We reserve the right to change the Price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increase of the costs of materials and such like. If we change the Price and you are not happy with it, you will be able to cancel your order. Products which are not standard and are therefore specifically ordered for you or are fabricated for you cannot be cancelled after the order/fabrication process has started. If we do agree to cancel the order, you will be liable for any reasonable costs incurred.

6. Payment
6.1 Payment in full is required on placement of your order. Please note that we will not commence production until we are in receipt of cleared funds.
6.2 Payment can be made either by BACS bank transfer, debit card or cheque.
6.3 BACS payments should be made to Royal Bank of Scotland
Account name: Alhambra Tiles Ltd
Account number: 10947730
Sort Code: 16-00-93
BIC RBOS GB 2L
IBAN GB98 RBOS 1600 9310 10947730
6.4 Card Payments can be made at our business address in person or by telephone.
6.5 Cheques should be made out to Alhambra Tiles Ltd.

7. Delivery and Collection
7.1  We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not the essence of this Agreement. We use an independent delivery company for which we are not responsible so we cannot guarantee delivery times.
7.2  The Goods will be off-loaded at the nearest accessible point to the Delivery Address at the discretion of the driver, which may be the kerb side. The driver will not handle the Goods further.
7.3  You must make us aware of any access restrictions or difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the off-load and sign for the Goods.
7.4   If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.
7.5     Occasionally, by prior arrangement, it may be be possible to collect small orders from our showroom at Alhambra, 148 Kirkdale, London SE26 4BB. If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages.

8. Risk and Property
8.1   The risk of, for example, breakage, loss and damage in the Goods will pass from us to you on completion of delivery or, if you decide to collect the Goods, at the point of collection.
8.2  The ownership of the Goods will not pass to you until we have received payment of the Total Price in full in cleared funds.

9. Unpacking, stacking and storing
9.1 Care needs to be taken when unpacking the Goods as spacers may need to removed from the packaging before the Goods are lifted out. The Goods should always be stacked and stored vertically (on edge) but not on a hard surface as this may cause unnecessary edge-chipping. We cannot be held responsible for damage which occurs after delivery or, if you decide to collect the Goods, after collection.
9.2  Cement tiles may need to dry out before the installation process begins. You should ask your fitter to advise you if this is the case.

10. Examination and Acceptance
10.1  Our suppliers take care to ensure that all of our Goods leave their premises in Spain in perfect condition. If there is any obvious damage to the Goods, please make a note of the damage on the delivery note. If it is not possible to inspect all the Goods on arrival, please write ‘unchecked’ on the delivery note. If the Goods are deemed and proven to be damaged on delivery, by way of documentary evidence such as a photograph, we will bear the cost of re-delivery and replacement Goods. Please note that you will still be required to notify us under clause 10.2, 10.3 and 10.4 (as applicable).
Business Sales
10.2  You must inspect the Goods on delivery or collection (as the case may be) to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, you must notify us within 48 hours of delivery or collection (as the case may be) for correction, replacement or refund of all or part of the Price (at our option), which will be your sole remedy. If the Goods are damaged or of unsatisfactory quality, we reserve the right to request documentary evidence, such as a photograph, in support of your statement. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your only rights and remedies in relation to the Goods and all other terms and conditions, express or implied, relating to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.

10.Consumer Sales
10.3 If the Goods are not of the correct type or of satisfactory quality, i.e. damaged, you should notify us as soon as possible within 7 days and we will either refund you the total Price or make available replacement Goods (at your option).
If the fault with the order proves to be an error on your part, you will be required to bear the cost of redelivery of replacement Goods and collection of the original Goods.
10.4  If an incorrect amount of Goods are delivered or collected you should notify us as soon as possible within 7 days and we will arrange to deliver or make available (as appropriate) the correct quantity of the Goods.
If this proves to be an error on our part, we will bear the cost of delivery of the balance of the order.
If this proves to be an error on your part, you will bear the cost of delivery of the balance of the order.

11. Limitation of Liability
Business Sales
11.1 We will only be liable to you under or in relation to this Agreement or in relation to the Goods if you tell us about any shortfall, proven damage or defect in the Goods within 48 hours after delivery or collection (as appropriate) but not otherwise. We reserve the right to request documentary evidence, such as a photograph, of the damage or fault.
If you so notify us, our only obligation to you will be (at our option):
11.1.1 to make good any shortage or non delivery; or
11.1. 2 to replace or repair any damaged or defective Goods.
11.2  We will not be liable to you for loss of profits or loss of business, depletion of goodwill or for any indirect or consequential loss or other consequential compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the Price.
11.3  We reserve the right to charge a restocking and collection charge for goods returned to us which are not for reasons outlined in clause 11.1.
Consumer Sales
11.4   We will be liable for your losses arising out of the provision by us of a shortfall in, or defective or damaged Goods to the extent that such losses are reasonably foreseeable. However, we will not be liable to you for lost working time or the cost of third party contractors where you (or your contractor) fail to install the Goods correctly or fail to use the correct base, sealants or installation techniques or if the environment in which the Goods are installed is unsuitable.
11.5   Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge with your order, which may be of use to you. We will therefore only be liable to you if we have not provided you with the quantity of Goods which you ordered in a non-defective and undamaged condition.
11.6   Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.

12. Right of Cancellation for Consumers
This clause only applies if you are acting for a purpose outside your business and there has been a distance contract.
Distance Contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made.
12.1   You may cancel this Agreement within 7 working days (period of cancellation) beginning the day after you receive the Goods.
12.2  To cancel you must let us know in writing that you wish to cancel. You may do this by letter or email sent within 7 days to us at the address set out in clause 1. If you tell us verbally you will need to send confirmation in writing within the 7 days.
12.3. You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.
12.4  If you wish to cancel Goods which have already been delivered, then you must return the Goods to us at your own cost, or we can send a courier to collect them from you. If we send a courier to collect the goods, then you will be liable for the cost of collection.
12.5 You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care.

13. Fixing Products and Installation
13.1   We advise you to read the ‘Technical’ page on our website at http://alhambrahome.co.uk/pages/technical before installation. The advice given here and any other advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter.
13.2.  We do not offer an installation service and it is your responsibility to ensure a professional fitter is carrying out your installation. We strongly recommend that you take up independent references.
13.3. We cannot therefore be responsible for the manner of installation of the Goods or for damage caused during or arising out of installation

14. Bespoke Artwork
14.1 Any artwork supplied to us for reproduction on the Goods may not be reproduced without the permission of the artist.

15. Exclusivity
You agree that you will purchase the Goods only through us, and will not seek to purchase the Goods directly from the supplier for a period of five years. This clause does not seek to restrict Competition Law.

16. Third Parties
This agreement is not intended to and does not give any third parties any right to enforce any of its provisions.

17. Governing Law
The construction, performance and validity of this agreement will be governed by English law and the Parties submit to the exclusive jurisdiction of the Court of England and Wales.

 

 

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