Terms and conditions
MS Ceramics Ltd (Company Number 09805643) is a company registered in England and Wales. MS Ceramics Ltd is trading as exceltilesandbathrooms.co.uk.
MS Ceramics Ltd, 8 Holyhead Road, Handsworth, Birmingham, B21 0LT
MS Ceramics Ltd, 8 Holyhead Road, Handsworth, Birmingham, B21 0LT
1. Making a purchase
When you buy from us, it's vitally important you don't schedule any installation work until your products have arrived and have been checked. In the rare case that there is an issue with your order, either in terms of the product or delivery, we don't want you paying unnecessarily for a plumber or fitter. Any good plumber or fitter should happily make a quick visit to ensure all your products are present and correct before starting any work.
The following terms and conditions apply to all transactions on exceltilesandbathrooms.co.uk. When you place an order, this indicates that you have accepted these terms and conditions. Please read them carefully and print a copy for future use. Before placing an order you will be asked to agree to these terms and conditions. If you refuse to accept these terms and conditions, you won't be able to order any goods from our site.
We'll treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
If you're a consumer:
To order goods through this website you must be at least 18 years of age and accept delivery within the UK.
If you're not a consumer:
You confirm that you have authority to bind any business on whose behalf you use this website to purchase goods. These terms and conditions and any document expressly referred to in them constitutes the entire agreement between you and exceltilesandbathrooms.co.uk and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or any document expressly referred to in them you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this contract.
IT'S IMPORTANT THAT YOU DO NOT SCHEDULE OR COMMENCE ANY INSTALLATION WORK UNTIL YOUR GOODS HAVE ARRIVED AND HAVE BEEN CHECKED.
exceltilesandbathrooms.co.uk is an online retailer. This means we don't have any showrooms and we don't allow collections or returns in person to our warehouse.
Order acceptance and processing
Your order is accepted and a contract is formed between exceltilesandbathrooms.co.uk and you when we deliver the goods you have ordered and not before. A contract is not formed at the point in time that payment has been taken from you by exceltilesandbathrooms.co.uk, nor at the point in time that you receive an email from exceltilesandbathrooms.co.uk acknowledging receipt of your order. Until the goods are delivered, the order may not be accepted by exceltilesandbathrooms.co.uk or may be cancelled by you. Any email or other acknowledgment of your order is simply to report that your request has been received and will be looked at, and does not in any way represent acceptance of your order regardless of any wording on the email. exceltilesandbathrooms.co.uk reserves the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable it to evaluate and/or process the order.
In addition, for saving and accessing order agreements, we store the contract's content and send you the details of your order as well as our general terms via email. You can find the terms here at all times. Details about your recent orders can be found using your customer login.
2. Description of goods
All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. All specifications given to the customer are approximate and intended as a guide only. We always try to ensure all product descriptions are correct, but advise customers to seek technical advice from qualified sources prior to ordering products and any work to be carried out.
Whilst we make every effort to reproduce the colours of the products correctly, slight variations may occur during the print and photography process.
Please note that certain products such as bathroom furniture may need some alteration to meet your specific requirements, such as pipework, space constraints and designs. Any such alterations are carried out at your own risk, and the resulting alterations may mean your product guarantee is no longer valid.
If you are purchasing tiles and borders, we advise you to buy them from the same range. The tiles may be sourced from different suppliers which may result in a slight variation in size and colour.
3. Made-to-order products
Made-to-order products are handmade to the customer’s own specification and therefore cannot be cancelled, returned or exchanged. Please bear in mind that, as these products are bespoke, delivery times may vary. Nothing in this paragraph affects your statutory rights or the provision of the standard guaranteed granted under paragraph 10.
4. Payment and price
We reserve the right to make adjustments to the price of goods stated on the website from time to time to take account of any increase in our suppliers' prices or an increase in any taxes or duties.
The prices for the goods ordered by you will be as quoted during the ordering process. The price of the goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you've already paid for the goods in full before the change in VAT takes effect. The price of the goods does not include delivery charges. Our delivery charges are as advised to you during the checkout process, before you confirm your order.
If we discover an error in the price of the goods you've ordered, we'll contact you to inform you of this error and give you the option of continuing to purchase the goods at the correct price or cancelling your order. We won't process your order until we have your instructions. If we're unable to contact you using the contact details provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have been recognised by you as a mispricing, we don't have to provide the goods to you at the incorrect (lower) price. We ask that all goods be paid for on completion of order and that all funds are cleared prior to delivery. We accept most major credit and debit cards such as Visa, Mastercard and Maestro. On the order you must provide us with your exact billing address and telephone number - the address and telephone number your credit card bank has on file for you. Incorrect information will cause a delay in processing your order.
In the event that there is a pricing error on the website or in our printed catalogues then exceltilesandbathrooms.co.uk will not have to honour any orders made at that price.
We only accept debit/credit card payments from cards registered to an address within the UK.
In some cases for presentation purposes, prices may be rounded to the nearest pound, however all prices will be fully detailed (including pence) in your shopping basket and in the checkout process. Prices are presented to show your trade discount excluding VAT. Please note your order will be billed inclusive of VAT. VAT will be taken up front and is the trade account holder's responsibility to claim back.
You will own the goods once we have received your payment in full. We will issue you with an electronic invoice once we have dispatched the goods to you. Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions. These terms and conditions are subject to change at any time without prior notice to you.
5. Delivery information
We aim to deliver most products within 5 working days if possible, however, some made to order items may take longer. Please be aware that all delivery dates given are only and always provisional. Goods are subject to availability and delay in delivery of goods is sometimes outside of our control. All orders must be delivered within 28 days.
When selecting our VIP delivery service (for large and/or fragile items), you will be shown a list of available delivery dates from which you can choose the most convenient for you. Certain postcode exclusions apply to this service - please see our delivery page for details. The delivery driver will contact you on the morning of the day of delivery to confirm your timeslot. If you have any questions regarding your delivery please call : 0330 111 8888. If there are any items on your order that are currently out of stock then the complete order will be delivered when these items are available. However, if you would like the items in stock to be delivered immediately then please contact a member of our sales team on 0121 726 3300 and they will be happy to arrange this for you.
If we miss the delivery date for any goods then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the goods
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances)
(c) you told us before we accepted your order that delivery within the delivery deadline was essential
If you don't wish to cancel your order straight away, or don't have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we don't meet the new deadline.
If you do choose to cancel your order for late delivery, you can do so for just some of the goods or all of them, unless splitting them up would significantly reduce their value. If the goods have been delivered to you, you'll have to return them to us or allow us to collect them, and we'll pay the costs of this. After you cancel your order we'll refund any sums you have paid to us for the cancelled goods and their delivery.
If our couriers turn up to your delivery address on your allotted day and within your allotted timeslot, but are unable to complete the delivery, we reserve the right to charge you an additional £34.99 redelivery fee for the rearranged delivery.
If you live in one of the following post code areas you can place an order online with exceltilesandbathrooms.co.uk but won't be able to select a delivery date during the checkout process. Instead, you'll be contacted by phone within 10 days of placing an order online to arrange delivery. This is due to the proximity of the location and extra logistics involved:
Please note that deliveries to these areas may be delivered by a one person delivery service.
Other delivery information
We strongly advise you not to book your installers or engage in any preparatory work until in full receipt of your goods. If any item is out of stock, a exceltilesandbathrooms.co.uk sales advisor will email or call to advise you of the expected delivery date.
If your order cannot be successfully completed due to you being unable to accept the goods on the date agreed, then a redelivery charge may be applicable. This cost would then be charged to you.
At the point of delivery of your order, please check your receipt and ensure that all the details are correct, whilst ensuring none of your items are missing or incorrect. If you are in any doubt please contact us immediately as postal delivery changes take time and can be an inconvenience to you.
If your item is not in stock we will back order for you, or give you the option to cancel your order if you would rather not wait.
Please ensure that all goods are checked by yourself and we ask that any problems or damages are reported to us 0330 111 8888 as soon as reasonably possible.
As soon as we have delivered the goods to your door, you will be responsible for them. We'll only deliver to the address on the order and goods will not be left without a signature unless authorised by the person named on the order. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. You own the goods once we have received payment in full, including any delivery charges.
Please check your tiles carefully before fixing. Shade variation is a design feature of most of our tiles. If, for any reason, you aren't happy with the shade of your tiles, we cannot accept the responsibility after the tiles have been fixed. Fixing the tiles to a substrate means that you have accepted the tiles in their present state, so no refunds or replacements will be offered. Please ensure you're happy with the shade of your tiles before you start any project.
Nothing in these terms limits or excludes our liability for:
a) death or personal injury caused by our negligence
b) fraud or fraudulent misrepresentation
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
d) defective products under the Consumer Protection Act 1987.
If you are acting in the course of a business, trade or profession (a business user) we shall:
a) under no circumstances whatever be liable to compensate you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract. For the avoidance of doubt, we shall have no liability to compensate you in relation to your use of the Website or its content whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise, except for any refund we make under any other agreement between us or otherwise at our discretion.
b) Without prejudice, if you are acting as a business customer in your ordering and/or purchasing of Products, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
c) Our total liability to you in respect of any other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products you have purchased.
If you are a consumer:
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
We only supply the products to you for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.