All orders are placed with Aroha Tiles which is a business name of Aroha Tiles Limited, registered in England and Wales 11032409.
These terms and conditions will apply to all sales of products made by Aroha Tiles to our consumers, if you wish to trade with us in the course of your business, please refer to our trade terms and conditions on our website www.arohatiles.com.
‘Goods’ means the products which we are selling to you as set out in the Order.
‘Order’ means a document whether in hard copy or electronic form produced by us setting out the Goods we are to supply to you under these terms.
‘Unexpected Event’ shall have the meaning given to it in clause 13.
‘Working Day’ means any day except Saturdays, Sundays and bank or public holidays.
‘We’ and ‘Us’ and related expressions mean Aroha Tiles.
‘You’ and ‘Your’ and related expressions means the person to whom the order is addressed.
‘Consumer’ means any person who in buying goods is acting for purposes that are outside their business.
‘Special orders’ means any goods which are made to your specification, are ordered specifically for your order, or items which are clearly personalised.
- BASIS OF CONTRACT
2.1 These terms set out the whole agreement between you and us for the sale of goods. Please read and understand these terms and check that you agree to these terms and your order is complete and accurate before you commit yourself to the contract. You will be bound by these terms once a contract comes into existence between us in accordance with Clause 2.4.
2.2 The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.3 We will send you confirmation of your order in writing (either as a hard copy or via email) but this will not constitute acceptance of your order. Our acceptance of the order occurs when the 50% deposit has been paid and the order has been placed with our supplier. In the case of ‘special orders’ as defined above, acceptance occurs at the time we place an order with our supplier.
2.4 Prices and delivery charges are those that are in force at the time you submit your order. If the prices or charges are different to those published, this will be brought to your attention before we accept your order, giving you the option to cancel at that time.
2.5 We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of any systems operated by us. You will be subject to the policies and terms in force at the time that a binding contract comes into existence in accordance with clause 2.4, unless any change to those policies or these terms is required by law or government or regulatory authority, in which case it will apply to orders you have previously placed that we have not yet fulfilled.
- CANCELLATION AND AMENDMENTS
3.3 With the exception of ‘special orders’ your order can only be cancelled within 3 days of the order being placed with our supplier which will occur when the deposit has been paid
3.4 Orders for special order items cannot be cancelled after the deposit has been paid
3.5 If the order has been cancelled and we have agreed to refund the deposit, the reimbursement will be made within 5 days using the same payment method used to place the order.
- THE GOODS
4.1 The goods on delivery should be as described, fit for purpose and of satisfactory quality. If this is not the case, goods will be refunded or replaced, please contact us immediately at least within one hour of taking delivery.. This term does not apply to any defect in the goods arising from:
4.1.1 fair wear and tear, wilful damage, accident or negligence by your or any third party; or
4.1.2 use of the goods in a way that we do not recommend; or
4.1.3 your failure to follow instruction (including instructions about use, cleaning and servicing of the goods) which we have provided to you; or
4.1.4 any alterations or repair you carry out without prior written approval.
- PRICE AND PAYMENT
5.1 The price of goods shall be the price in force at the time you confirm your order. We reserve the right to update our price list from time to time without providing specific notice to you.
5.2 Estimates for goods are valid from the date of issue for 30 days unless we notify you we have withdrawn the offer during this period, and are given on the basis that a binding contract shall only come into existence in accordance with clause 2.4.
5.3 The price includes VAT; VAT will be charged at the rate applying at the time of delivery.
5.4 The price of goods excludes delivery. The cost of delivery shall be as specified on the order.
5.5 An order will be secured with payment of 50% deposit on placing the order and the remaining 50% when the goods are ready to ship. All payments must be made in advance by BACS Payment.
6.1 The goods will be delivered to the delivery address specified on the order; please check the delivery address if this is not your account address. We reserve the right to decline a delivery to an address other than the account address, where we have not previously traded with you.
6.2 Delivery of the order shall be complete when we deliver the goods to you.
6.3 If we are not able to deliver the whole of the order at one time for any reason including operational reasons or shortage of stock, we will deliver the order in instalments at no additional charge. If you ask us to deliver the order in instalments, we will charge you the published delivery charge of each consignment.
6.4 We will take reasonable steps to meet the delivery estimate set out on the order (or as otherwise agreed between us in writing) and this should be no later than 30 days from the date of your order if all items are in stock. If an item ordered is out of stock, you will be notified and given an opportunity to change or cancel your order. If you chose to wait for stock having been made aware of the delay, we will estimate an approximate delivery date however occasionally delivery may be affected by factors outside our control and so cannot be guaranteed.
6.5 Deliveries will be made to kerbside only. .
6.6 The delivery company may decline to deliver the goods if they believe it would be unsafe, unlawful or unreasonably difficult to do so, or the premises or access are unsuitable for the delivery vehicles used.
6.7 A failed delivery is classed as any order where we have not received notification of your wish to postpone delivery within 48 hours of the suggested delivery date on your order. If you fail to take delivery of the order as arranged, then except where this failure is caused by a failure by us to comply with these terms:
6.8 The goods will be stored until delivery takes place at a charge of £100 per week to cover handling and storage charges.
6.9 We shall have no liability for late delivery.
- RISK AND TITLE
7.1 The goods will be your responsibility from the time they are in your physical possession, or the possession of the person you asked us to deliver to, or at the time of delivery if you ask us to leave the goods in a safe place at your risk. It is accepted that once the goods are delivered, ownership is transferred to you.
8.1 It is advisable that installation be carried out by an accredited installer.
8.2 Installation constitutes acceptance of the product.
- DAMAGED, MISSING OR FAULTY GOODS
9.1 Once received, please check all goods within an hour of delivery. We reserve the right to refuse claims for damaged or missing goods made after this time unless a longer period of time has been previously agreed in writing.
9.2 We strongly advise you to arrange delivery at least 10 working days in advance of any installation work to allow sufficient time to check your order and to allow any natural materials to acclimatise, or to rectify any incorrect, delayed, damaged or postponed deliveries (for whatever reason). This will allow sufficient time to postpone your installation if necessary; we cannot accept responsibility for lost working time in any eventuality.
- LIMITATIONS OF LIABILITY
10.1 We warrant that on delivery all goods shall comply and conform in all material respects with their descriptions and any information, specifications and guidance.
10.2 Subject to clause 11.3, if either of us fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are an obvious result of the failure to comply at the time at which you purchased the goods.
10.3 Neither you nor we shall be responsible for unforeseeable losses.
10.4 Neither of us will exclude nor limit in any way our liability for:
10.4.1 death or personal injury caused by our negligence; or
10.4.2 fraud or fraudulent misrepresentation; or
10.4.3 any breach of the obligations under the Consumer Rights Act 2015; or
10.4.4 any other matter for which it would be illegal or unlawful for either you or us to exclude or attempt to exclude our liability. You can obtain information regarding your legal rights by contacting your local Citizens Advice Bureau.
- WAIVERS AND VARIATIONS
11.1 No waiver or variation of these terms shall be effective unless we expressly state that we agree a waiver and we tell you so in writing. If you default on these terms that will not mean that we will automatically waive any subsequent default by you.
- UNEXPECTED EVENT
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these terms that is caused by events over which we have no reasonable control (an ‘unexpected event’).
12.2 An unexpected event includes an Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood epidemic, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
12.3 The obligations we have under these terms are suspended for the period that the Force Majeure event continues, and we will have an extension of time to perform these obligations for the duration of the Force Majeure Event to a close or to find a solution by which the obligations we have under these terms can be performed despite the ‘unexpected event.’
13.1 These terms and conditions are applicable to consumers only, if you wish to trade with us in the course of your business, please refer to our trade terms published on our website.
13.2 If time is the essence of the contract, this must be agreed in writing by both parties at the time of ordering and will only be applicable for the order referenced in the agreement.
14.1 English Law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction. If any of these terms are unenforceable as drafted, it will not affect the enforceability of any other of these terms, and if it would be enforceable if amended, it will be treated as so amended.
14.2 All notices sent by you to us must be sent to Aroha Tiles Ltd. We may give notice to you at either the e-mail or postal address you provide to us in the order. Notice will be deemed received and properly served twenty-four (24) hours after an email is sent or two (2) working days after the date of posting of any letter.
14.3 Except as explicitly set out in these terms, no contract will create any right enforceable by virtue of the Contracts (Right of Third Parties) Act.
Updated 8th May 2019