
Terms & Conditions
(In-Store)
TERMS AND CONDITIONS OF SALE
1. BASIS OF CONTRACT
1.1 All orders placed with us are subject to acceptance by us. A legally binding contract shall only arise once we confirm acceptance of the order, whether verbally, in writing, or by supplying the goods.
1.2 These Terms and Conditions apply to all contracts for the sale of goods and shall override any alternative terms proposed by the customer unless expressly agreed by us in writing.
1.3 Any descriptions, samples, brochures, website content, showroom displays, drawings, specifications, images, or marketing materials are provided for illustrative purposes only and do not form part of the contract.
1.4 Orders are based upon the customer attending our showroom and completing the product selection, specification, estimating, and ordering process in person with our staff. Where payment is subsequently made by telephone, bank transfer, or other remote method, such payment shall be treated solely as a method of settling the in-store order and shall not, of itself, constitute a distance or online sale. This clause shall apply only where the contract has been substantially negotiated and agreed within our showroom premises.
1.5 No variation to these Terms shall be binding unless agreed by us in writing.
1.6 These Terms and Conditions constitute the entire agreement between the parties and supersede any prior discussions, representations, understandings, or agreements unless confirmed by us in writing.
2. PRODUCT DESCRIPTION, VARIATION, AND INSPECTION
2.1 Due to manufacturing processes and the nature of ceramic, porcelain, stone, timber, and decorative products, goods may vary in shade, tone, texture, pattern, finish, calibration, and size between batches.
2.2 We shall use reasonable endeavours to supply goods from a single batch where possible; however, this cannot be guaranteed, particularly for repeat, supplementary, or replacement orders.
2.3 We cannot guarantee future availability, batch matching, or exact consistency for repeat or additional orders placed after the original purchase.
2.4 Customers are responsible for ordering sufficient quantities. We recommend ordering a minimum additional quantity of 10% to allow for cutting, wastage, breakages, and future repairs.
2.5 Customers are solely responsible for checking all measurements, specifications, quantities, suitability, compatibility, and intended use of goods before placing an order.
2.6 All goods must be carefully inspected before fixing, cutting, installation, or use. Dry laying should be carried out where appropriate.
2.7 The fixing, installation, cutting, alteration, or use of goods shall constitute acceptance that the goods are of satisfactory quality and free from visible defects, except in relation to latent defects not reasonably discoverable prior to installation.
2.8 We cannot guarantee exact consistency or matching between showroom displays, samples, brochures, website images, marketing materials, and supplied goods.
2.9 Samples are provided as a general representation only and may not precisely reflect the full appearance, finish, shade, texture, or variation of supplied goods.
2.10 Natural materials and decorative finishes may contain inherent variations, veining, markings, pits, crazing, texture differences, knots, grains, or other natural characteristics which shall not be considered defects.
2.11 Shade and appearance of products may vary depending on lighting conditions, laying patterns, grout colour, screen settings, display devices, printing methods, and installation methods.
2.12 Unless expressly confirmed by us in writing, we do not guarantee that any product is suitable for a particular purpose, environment, installation method, or application.
2.13 Colours and finishes shown in photographs, brochures, websites, social media, samples, and marketing materials may vary depending on lighting conditions, screen settings, printing methods, display devices, and installation environments.
2.14 Minor variations in dimensions, calibration, finish, specification, weight, or manufacturing tolerances shall not constitute defects.
3. PRICING AND PAYMENT
3.1 All prices are as stated at the time of quotation or sale but may be amended prior to order confirmation.
3.2 Full payment is required at the time of placing an order unless a trade credit account has been approved by us in writing.
3.3 Orders for special order, bespoke, made-to-order, or supplier-sourced goods cannot be cancelled once the order has been placed with the supplier or manufacturer.
3.4 Where a trade credit account has been approved, payment shall be made strictly in accordance with agreed payment terms.
3.5 In the event of late payment, we reserve the right to:
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Charge interest at 8% above the Bank of England base rate, calculated daily;
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Recover fixed compensation and debt recovery costs permitted by law;
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Suspend ongoing or future orders;
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Withdraw or amend credit facilities; and/or
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Commence legal proceedings for recovery of outstanding sums.
3.6 We reserve the right to suspend, refuse, or cancel orders where payment has not been received or is overdue.
3.7 Ownership of the goods shall remain with us until payment has been received in full in cleared funds.
4. RETURNS AND REFUNDS
4.1 General Returns
4.1.1 As a gesture of goodwill, returns relating to in-store purchases may be accepted within 21 days from the date of purchase, subject to these Terms and Conditions and at our discretion.
4.1.2 All in-store purchases are deemed to have been inspected and accepted by the customer at the point of sale.
4.1.3 Returned goods must:
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Be unused;
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Remain in original packaging;
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Be complete; and
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Be in fully resalable condition.
4.1.4 Proof of purchase must be provided for all returns.
4.1.5 We reserve the right to refuse any return which does not comply with these requirements.
4.1.6 A restocking charge of up to 25% of the original invoice value may apply to accepted returns to cover handling, inspection, administration, and supplier restocking costs.
4.1.7 Excess or surplus tiles from completed orders are non-returnable unless otherwise agreed by us in writing.
4.2 Non-Returnable Goods
The following goods are strictly non-returnable unless faulty or not as described:
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Special order or made-to-order items;
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Bespoke products;
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Fitted furniture;
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Worktops;
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Freestanding baths;
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Shower trays;
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Adhesives, grout, trims, silicones, sealants, fixings, and ancillary products;
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Clearance, discounted, or sale items;
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Opened, damaged, or partially used products; and
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Selected branded goods including, but not limited to, Fibo Board, Showerwall, Merlyn, Merlyn Arysto, Whirlpool Baths, and Kudos products identified at the point of sale.
4.3 Statutory Rights
Nothing within these Terms and Conditions shall affect the customer’s statutory rights under the Consumer Rights Act 2015 or any other applicable legislation.
5. FAULTY GOODS AND CLAIMS
5.1 Customers must notify us of any alleged fault, defect, shortage, or damage as soon as reasonably practicable after discovery.
5.2 We reserve the right to inspect goods and/or request photographic evidence before agreeing any replacement, repair, refund, or other remedy.
5.3 Where goods are confirmed to be faulty, remedies shall be provided in accordance with applicable consumer legislation.
5.4 We shall not be liable for faults, damage, deterioration, staining, or defects arising from:
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Incorrect installation;
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Failure to follow manufacturer instructions;
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Improper handling, transport, loading, unloading, or storage;
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Incorrect substrate preparation;
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Structural movement, settlement, damp, moisture ingress, or environmental conditions;
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Incorrect adhesives, grout, trims, silicones, sealants, fixings, or ancillary products;
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Misuse, abuse, neglect, impact, or accidental damage;
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Wear and tear;
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Chemical damage or unsuitable cleaning materials; or
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Modifications, alterations, or repairs carried out by third parties.
5.5 Claims relating to defects which were visible or reasonably apparent prior to installation shall not be accepted after installation has commenced.
5.6 Customers are responsible for ensuring installers and contractors are suitably qualified and comply with all manufacturer installation instructions and recognised industry standards.
6. DAMAGE, SHORTAGES, AND REPORTING
6.1 Customers are responsible for inspecting goods immediately upon delivery or collection.
6.2 Goods collected by customers or third-party couriers must be checked before leaving the premises, as claims for shortages or visible damages may not be accepted afterwards.
6.3 Any shortage, breakage, damage, or discrepancy should be reported as soon as reasonably practicable and preferably within 72 hours.
6.4 Claims should be supported by photographic evidence where reasonably possible.
6.5 Failure to report issues promptly may affect our ability to investigate or resolve the claim.
6.6 This clause does not affect statutory consumer rights.
7. DELIVERY
7.1 Any delivery dates or lead times provided are estimates only and time shall not be of the essence.
7.2 We shall use reasonable endeavours to deliver goods within a reasonable timeframe but shall not be liable for delays outside our reasonable control.
7.3 Customers are responsible for ensuring safe and suitable access and arrangements are available for delivery.
7.4 Failed deliveries resulting from customer absence, restricted access, unsafe access conditions, or incorrect delivery information may incur additional delivery, handling, storage, or redelivery charges.
7.5 Risk in the goods shall pass to the customer upon delivery or collection.
8. STORAGE AND DELAYED COLLECTION
8.1 Where customers request delayed delivery or collection, storage shall commence immediately once goods are available for dispatch or collection.
8.2 Where goods are held at the customer’s request after they are ready for collection or delivery, such storage shall be entirely at the customer’s risk.
8.3 Customers are responsible for arranging any insurance they require for goods held in storage.
8.4 Any agreed storage period is discretionary and may be withdrawn by us upon reasonable notice.
8.5 We reserve the right to charge reasonable storage fees for goods not collected within the agreed timeframe.
8.6 Goods remaining uncollected for more than 60 days after notification may, at our discretion:
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Be resold or disposed of;
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Have storage charges applied; and/or
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Result in forfeiture of deposits or payments already made.
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9. LEAD TIMES
9.1 Certain goods are sourced from third-party manufacturers and suppliers and may therefore be subject to extended lead times.
9.2 We shall not be liable for delays arising from supplier issues, transport disruption, shortages of materials, customs delays, or other circumstances beyond our reasonable control.
9.3 Customers are strongly advised not to arrange installers, contractors, or associated works until all goods have been received and inspected.
9.4 We shall not be liable for indirect or consequential losses arising from delayed deliveries, including labour costs, contractor charges, accommodation costs, or project delays.
10. LIMITATION OF LIABILITY
10.1 Nothing within these Terms shall limit or exclude liability for:
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Death or personal injury caused by negligence;
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Fraud or fraudulent misrepresentation; or
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Any liability which cannot lawfully be excluded or limited.
10.2 Subject to Clause 10.1 and to the fullest extent permitted by law, our total liability arising under or in connection with any contract shall be limited to the amount paid for the goods supplied.
10.3 We shall not be liable for:
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Loss of profit, business, or revenue;
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Loss of opportunity;
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Indirect or consequential loss; or
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Third-party costs including installer, contractor, removal, refitting, accommodation, delay, or labour charges arising from defective, delayed, damaged, or incorrectly ordered goods, except where required by law.
11. RETENTION OF TITLE
11.1 Ownership of the goods shall remain with us until payment has been received in full in cleared funds.
11.2 Until ownership passes, the customer shall:
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Store the goods separately and clearly identifiable;
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Keep the goods in satisfactory condition; and
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Not sell, dispose of, or encumber the goods without our prior written consent.
12. AFTERCARE AND USE
12.1 Customers must comply with all manufacturer installation, maintenance, sealing, cleaning, and aftercare instructions.
12.2 The use of inappropriate cleaning materials, chemicals, or maintenance products may invalidate warranties and product guarantees.
12.3 Bathroom furniture is water-resistant but not waterproof and must be properly maintained and protected from excessive moisture exposure.
13. GUARANTEES AND WARRANTIES
13.1 Any guarantees or warranties provided in relation to goods are strictly subject to the terms, conditions, limitations, and exclusions of the relevant manufacturer.
13.2 Manufacturer guarantees may require products to be installed, handled, maintained, stored, cleaned, sealed, ventilated, and used strictly in accordance with manufacturer instructions, recommendations, and recognised industry standards.
13.3 Unless expressly confirmed by us in writing, we do not provide any additional guarantee or warranty beyond those offered by the manufacturer and the customer’s statutory rights.
13.4 Guarantees and warranties shall not apply where defects, damage, staining, deterioration, or failures arise from:
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Incorrect installation;
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Failure to follow manufacturer instructions;
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Improper handling, transport, loading, unloading, or storage;
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Movement, settlement, cracking, or failure of buildings, walls, floors, substrates, or subfloors;
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Incorrect substrate preparation;
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Incorrect adhesives, grout, trims, silicones, sealants, fixings, or ancillary products;
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Structural movement, damp, condensation, moisture ingress, water penetration, humidity, or environmental conditions;
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Excessive weight loading, impact damage, or accidental damage;
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Misuse, abuse, neglect, or inappropriate use;
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Wear and tear;
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Chemical damage or unsuitable cleaning materials;
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Lime scale, hard water, or water quality issues;
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Failure to maintain, clean, seal, ventilate, or care for products correctly;
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Scratching, chipping, staining, or deterioration occurring after installation;
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Modifications, alterations, or repairs carried out by third parties; or
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Installation by persons who are not suitably qualified, competent, or experienced.
13.5 Natural materials, decorative finishes, plated finishes, painted finishes, timber products, and products subject to natural ageing, oxidation, or environmental exposure may naturally change in appearance over time and shall not constitute defects covered by any guarantee or warranty.
13.6 Minor variations in shade, texture, pattern, dimensions, calibration, finish, surface appearance, or manufacturing tolerances shall not constitute defects and are not covered by guarantees or warranties.
13.7 We shall not be liable for:
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Installer or contractor costs;
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Removal or refitting costs;
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Accommodation costs;
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Project delays;
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Loss of earnings;
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Consequential or indirect losses; or
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Any third-party costs arising from product defects, delays, damage, or warranty claims,
except where required by law.
13.8 Guarantees and warranties apply to the original purchaser only and are non-transferable unless expressly stated otherwise by the manufacturer.
13.9 Any claim under a guarantee or warranty must be reported to us as soon as reasonably practicable after discovery of the issue and must be supported by proof of purchase, photographs, and any other information reasonably requested.
13.10 We reserve the right to inspect goods or appoint a third-party inspector before agreeing any warranty or guarantee claim.
13.11 No guarantee or warranty shall apply where goods have been fixed, installed, altered, or used despite visible defects or issues which ought reasonably to have been identified prior to installation.
13.12 Unless expressly stated otherwise in writing, guarantees and warranties apply to the product only and do not include labour, installation, removal, reinstallation, transport, delivery, accommodation, or associated costs.
13.13 Nothing within this clause excludes or limits the customer’s statutory rights under applicable consumer legislation.
14. FORCE MAJEURE
We shall not be liable for any failure or delay in performing our obligations where such failure or delay arises from circumstances beyond our reasonable control including, but not limited to, supplier delays, shortages of materials, transport disruption, industrial disputes, acts of God, fire, flood, pandemic, governmental action, or other unforeseen events.
15. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.
