Wall and Floor Solutions Limited- B2C


1. ‘Buyer’ – means the person who accepts a quotation of the Seller for the sale of the Goods or agrees to buy the Goods from the Seller.
‘Conditions’ – means the standard terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
‘Contract’ – means the contract for the sale and purchase of the Goods as set out in the Order incorporating the Conditions.
‘Goods’ – means the Tiles and other products (including any instalment of the Goods) which the Buyer agrees to buy from the Seller.
‘Order’ – means the order in writing or by electronic means delivered by the Buyer to the Seller for the Goods.
‘Price’ – means the price on the Seller’s invoice for the Goods.
‘Seller’ – means Wall and Floor Solutions Ltd, 31 Wellington Road, Nantwich, England, CW5 7ED (‘the Company’).
‘Tiles’- includes all ceramic, porcelain, natural stone, marble, glass, conglomerate, vinyl and terrazzo products supplied by the Seller.
‘Writing’ – including letter, email, and comparable means of communication.
‘Website’ the Seller’s website at http://www.wallandfloorsolutions.co.uk/delivery or such other address as the Seller shall operate from time to time.

2. Any reference on these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, applied or extended at the relevant time and includes any subordinate legislation.

3. The headings in these Conditions are for convenience only and shall not affect their interpretation.

4. Words in the singular include the plural and, in the plural, include the singular.

5. A reference to one gender includes a reference to the other gender.

2. Conditions Applicable

1. These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order, specification or other document.

2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.3 The Buyer shall ensure that the terms of its Order and any applicable specification are complete and accurate.

2.4 All Orders for or acceptance of a quotation for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.

2.5 Any variations to these Conditions (including any special terms agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.6 Any typographical, clerical or other error of omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2.7 Any quotation is given on the basis that no Contract shall come into existence until the Seller despatches an acknowledgement of Order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Seller has not previously withdrawn it.

2.8 The Buyer shall be responsible for ensuring that the Seller’s acknowledgement of Order corresponds with the Buyer’s Order and the Seller shall not responsible for any variation between the Buyer’s Order and the Seller’s acknowledgement of Order.

3. Contract

1. Each Contract between the Seller and the Buyer shall consist of the Order, the Conditions and such other express terms as the Seller and the Buyer shall agree in writing.

2. In the event that:
a) the terms of the Order are in conflict with any of the Conditions, the Conditions shall prevail; and
b) the express terms of a Contract are in conflict with any of the Conditions, the Conditions shall prevail.

3. The Buyer acknowledges that he has not been induced to enter into the Contract by any representation made by or on the behalf of the Seller other than those contained in the Contract.

4. The Supplier may accept or decline Orders at its absolute discretion.

5. Acceptance of the Order shall take place when the Seller emails or notifies the Buyer of the Order, at which point the Contract shall come into existence incorporating the Conditions between the Buyer and the Seller. If the Seller is unable to accept the Order, the Seller will inform the Buyer as soon as possible and will not charge the Buyer for the Goods.

4. Quotations and Prices

1. The Buyer will be invoiced by the Seller at the Seller’s price ruling at the sale of the despatch of the Goods. The Price of the Goods (which includes VAT) will be the price indicated on the Order page when the Buyer places the order.

2. Prices quoted in the Seller’s quotations or price lists:
a) are those then current and shall not be binding on the Seller.
b) do not include Value Added Tax or any other tax, levy, duty or surcharge whether imposed before or after making the Contract.

3. If the rate of VAT changes between the order date and the date of supply of the Goods, the Seller will adjust the rate of VAT payable.

4. Smaller orders. Any Order of less than £500 in value will incur a carriage charge of £50.00.

5. Subject to paragraphs 4.3,4.4 and 4.5, Prices include packaging and are consigned free and carriage paid to the Buyer’s delivery address in the United Kingdom.

6. Packaging and postage or carriage may be charged extra where the Goods consigned by the Seller by post, rail, road freight or by special delivery [or outside of the United Kingdom].

4.6 Where the Seller supplies Goods to the Buyer in accordance with the Buyer’s specifications, any addition or alteration to the specification upon which the Seller has based its quotation shall be subject to an extra charge.

5. Catalogues & Marketing Materials

5.1 Any description of the Goods appearing in the Seller’s catalogues, brochures and other publications is believed to be correct and current but is not warranted by the Seller and shall not form part of the Contract. In so far as any such publication has been compiled from information supplied to the Seller by any manufacturer or supplier of any such goods, the Seller accepts no responsibility for the accuracy of any such description.

5.2 All images of the Goods are for illustrative purposes only. Although the Seller has made every effort to display colours accurately, the Seller cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. The Seller recommends that you order samples of Goods to ensure that they meet with your requirements. The cost of any samples will be deducted from the Price of the same Goods.

6. Intellectual Property

The specifications and designs of the Goods (including copyright, design right, or other intellectual property in them) shall be the exclusive property of the Seller. The Buyer shall not copy nor cause to be copied or reproduce nor cause to the reproduced such specifications and designs. Where any designs or specifications have been supplied by the Buyer for manufacture by the Seller or to the order of the Buyer then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party’ and the Buyer shall indemnify the Seller against all damages, penalties, costs and expenses to which it may become liable through the infringement of the rights of third parties.

7. Specification and Material

1. All Goods are manufactured and supplied in accordance with the Seller’s designs and specifications current at the date of commencement of manufacture of the Goods.

2. All Tiles are manufactured in accordance with relevant current British and European Standards.

3. Some variations in size, shape, shade and pattern are inherent in the manufacture of Tiles and the Seller accepts no liability.

4. Tiles supplied by the Seller are not guaranteed against crazing.

5. The Seller may from time to time make changes in the specification, subject to prior notification, of the Goods which are required to comply with any applicable safety or statutory requirements, or which do not materially affect the quality or fitness for purpose of the Goods.

6. The Goods shall be supplied in accordance with the description contained in the Seller’s specification and manufactured in accordance with all applicable British and European Standards which relate specifically to the Goods.

7. Any contractual description of the Goods by the Seller relates to the identity of the Goods but only if it relates to a central characteristic of the Goods or to a substantial ingredient in their identity.

8. When ordering Goods, you are responsible for ensuring that you order the correct amount of Goods for the purposes that you need and you must ensure that all of your measurements are correct.

8. Buyer’s Right to make Changes

8.1 If the Buyer wishes to make changes to the Order, the Buyer should contact the Seller as soon as possible and the Seller will inform the Buyer if the change is possible. If possible, the Seller will let the Buyer know about any changes to the Price of the Goods, the timing of delivery or anything else which would be necessary as a result of the requested change and ask the Buyer to confirm whether they wish to proceed with the change.

8.2 If the Seller cannot make the changes or the consequences of making the changes are unacceptable to the Buyer, the Contract may be terminated by the Buyer notifying the Seller in accordance with condition 9.1(b).

9. Buyer’s Right to end the Contract

9.1 The Buyer may terminate the Contract in the following circumstances:
(a) Where the Goods are faulty or misdescribed. The Buyer has the right to cancel the Contract or request for the Goods to be replaced, providing the Buyer notifies the Seller within as soon as possible after Delivery. Please check all goods prior to fitting as we are unable to accept any claims after the tiles have been installed except in the cases of any inherent non visible defects.
If you wish to return the goods to us because they are faulty and mis-described, you should notify us that the goods are faulty as soon as possible after delivery by contacting us using the number or email provided on our Contact Us page. We will ask you to return the goods to us and provide you with a refund for the cost of arranging such return.
(b) Because of something the Seller has done. If the Buyer is ending the Contract for a reason set out below, the Contract will end immediately and the Seller will refund the Buyer in full for any Goods not provided:
i. any changes made by the Seller which the Buyer does not agree to;
ii. there has been an error in the price or description of the Goods ordered and the Buyer does not wish to proceed;
iii. the supply of the Goods may be significantly delayed because of events outside of the Seller’s control;
iv. the Seller has suspended supply of the Goods for technical reasons; or
v. the Buyer has a legal right to end the Contract because of something the Seller has done wrong.
(c) Where the Buyer has purchased the Goods online and changed their mind about the Goods (Consumer Contracts Regulations 2013). The Buyer may be entitled to a refund if the Buyer is still within the 14-day cooling-off period, but this may be subject to deductions and the Buyer will have to pay the costs of return of the Goods. This 14-day cooling off period commences on the date that the Goods are ordered.

9.2 The Buyer does not have the right to change its mind in respect of any Goods which have been ordered to the Buyer’s specification or in relation to Goods which have been used in any way (other than where such Goods are defective).

10. How to end the contract with the Seller

10.1 To end the Contract with the Seller, the Buyer must do one of the following:
(a) Phone or email. Call customer services on 01484 320 403 or email the Seller sales@wallandfloorsolutions.co.uk Please provide your name, home address, details of order and your email address.
(b) By Post. At 31 Wellington Road, Nantwich, England, CW5 7ED including details of what was bought, when the order took place along with the Buyers details.

10.2 If the Buyer wants to end the Contract for any reason after the Goods have been dispatched or delivered, the Buyer must return the Goods to the Seller. The Buyer must either return the Goods in person, arrange for a courier to send them back to our address or allow the Seller to collect at the Buyer’s expense. If the Buyer is exercising their right to change their mind, the Buyer must return the Goods within 14 days of informing the Seller.

10.3 The Seller will pay for the return of the Goods in the following instances:
(a) if the Goods are faulty or misdescribed;
(b) if the Order has been changed as a result of something the Seller has done.

11. Refunds

11.1 How the Seller will refund the Buyer. Where the Buyer is entitled to receive a refund in accordance with the Contract, the Seller will refund the Buyer the price paid for the Goods, including delivery (where applicable) by the method used for payment. However, the Seller may make deductions from the refund as set out below:
(a) Deductions where the Buyer is exercising right to change their mind:
i. The Seller may reduce the refund (excluding delivery cost) to reflect any reduction in the value of the Goods, if this has been caused by the Buyer handling them.
ii. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

11.2 When the refund will be made. The Seller will issue any refunds as soon as possible. If the Buyer is exercising its right to change its mind, then within 14 days of the Goods being received by the Seller.

12. The Seller’s right to end the Contract

12.1 The Seller may end the Contract with the Buyer at any time if:
(a) payment is not made when it is due;
(b) the Buyer fails to provide any necessary and required details in relation to the Order of the Goods; or
(c) the Buyer does not accept delivery of the Goods.

12.2 If the Seller ends the Contract for any reason in Condition 12.1, the Seller will repay any money paid in advance for the value of the Goods not provided but the Seller may deduct or charge 10% of the Price as compensation for the costs incurred as a result of the Buyer cancelling the Contract.

13. Warranties and Liability

13.1 Subject to the conditions set out below and those set out in clause 7, the Seller warrants that the Goods will correspond with the Seller’s specification at the time of delivery.

13.2 The above warranty is given by the Seller subject to the following conditions:
a) the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
b) the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval or any damage that occurs to the Goods after the time of delivery;

13.3 The Seller shall be under no liability under the warranty at clause 13.1 (or any other warranty, condition or guarantee) if the total Price for the Goods has not been paid by the due date of payment.

13.4 The warranty at clause 13.1 does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.

13.5 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 5 days from the date of delivery.

13.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or Condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, refund to the Buyer, the Price of the Goods (or a proportionate part of the Price), but the Seller shall have no further liability to the Buyer.

13.7 The Seller shall not be liable to the Buyer by reason of any representative, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in conjunction with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.

14. Delivery

14.1 All Goods supplied by the Seller shall be delivered to the Buyer at the address specified in the Order (“the place of delivery”). The Buyer shall make all arrangements as necessary to take delivery of the Goods when they are tendered for delivery.

14.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in the delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date.

14.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

14.4 Your delivery will be delivered to the nearest accessible location to the delivery address that you provide to us (kerb side Delivery). Please ensure that any hazards that may prevent your delivery being taken off of the delivery lorry are removed, to the extent possible. If there are immovable hazards or obstructions (e.g. steps, uneven or gravel paths or driveways for example) your delivery may be made to an alternative location between the delivery vehicle and your property. If your property has limited or difficult access you must let us know at time of placing your order, using the delivery restrictions comment box. The goods will become your responsibility at the point of delivery.

14.5 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the Price of the Goods. The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.

14.6 The Goods will become the responsibility of the Buyer from the time the Seller has delivered the Goods at the place of delivery.

14.7 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by any reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may
a) store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and any attempt of redelivery; or
b) Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

14.8 The terms on the Seller’s Website relating to the delivery of Goods shall apply to the Contract and the Buyer’s should review those terms before placing an Order.

14.9 The Company is currently unable to deliver to certain areas in the Highlands and Offshore Islands in the UK. Excluded postcodes: AB, DD, HS, IOM, IOW, IV, IV51-56, KA27-28, KW, PA20+, PH, Guernsey & Jersey.

15. Non-acceptance of Delivery

15.1 If the Buyer fails to take or accept delivery of the Goods in accordance with Condition 15 hereof, the Price shall nevertheless be paid in accordance with Condition 16 as if delivery had taken place.

15.2 In the event that the Buyer declines to accept the Goods in breach of this Contract the Buyer shall pay to the Seller as and by way of agreed liquidated damages an amount equal to the Price of the Goods less the net proceeds received by the Seller on reselling the Goods after deducting the costs and expenses of resale.

15.3 The Seller shall be entitled to charge the Buyer for storage, insurance and other expenses reasonably incurred or suffered by the Seller as a result of such failure but the Seller shall not be bound to take any steps for the custody or the care of the Goods or be liable for any loss or damage suffered by the Buyer arising therefrom.

16. Payment

Payment of the Price, associated delivery costs and Value Added Tax shall be made by cleared funds prior to the Goods being dispatched.

17. Force Majeure

The Seller reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), epidemics or pandemics or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 20 Business Days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the Contract.

18. Non-assignment

The Buyer shall not assign its rights or liabilities under the Contract.

19. Waiver

Failure by the Seller to enforce a term of the Contract shall not prevent the subsequent enforcement of that or any other term of the Contract.

20. Limitation of Liability – YOUR ATTENTION IS DRAWN TO THIS CLAUSE

20.1 In the event of any breach of this contract by the Seller, the Seller shall be responsible for any foreseeable loss or damage caused to the Buyer only.

20.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) defective products under the Consumer Protection Act 1987.

20.3 Subject to condition 20.2 above, the Seller’s total liability to the Buyer shall not exceed the total Price of the Order.

20.4 Subject to condition 20.2, the following types of loss are wholly excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.

21. Proper Law

Contracts made with the Seller shall be governed by and construed according to the Laws of England and the Buyer agrees to submit to the exclusive jurisdiction of English Courts.

22. General

22.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Seller whether under the Contract or not.

22.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

22.3 Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

22.4 Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

22.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

23. Communications

23.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first-class post or sent by e-mail:

23.2 (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Company or;

23.3 (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.

23.4 Communications shall be deemed to have been received:

23.4.1 If sent by pre-paid first-class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting) or;

23.4.2 If delivered by hand, on the day of delivery or;

23.4.3 If sent by e-mail at the date and time of receipt by the party to which the communication is addressed.