Refund policy

Grestec Tiles Limited
Terms of Trading
1. Business customers and consumers
1.1. Some of these terms apply to consumers only; some apply to business customers only. Those terms are marked as
such.
1.2. All other terms apply to all customers.
1.3. You are classified as a Business Customer if you indicate to us that the goods supplied by us will be used in the
course of your business or if you use the goods in the course of your business.
1.4. If you are not a business customer, you are a Consumer. You have certain statutory rights as a consumer which are
not affected by these terms. Contact your local trading standards office for more information. Words in italic type
are legal words which clarify, rather than alter, the meaning of the relevant clause.
1.5. “We” or “Us” refers to Grestec Tiles, the seller, whose office is registered at Unit 4 – 6 Marley Farm Business Estate,
Headcorn Road, Smarden TN27 8PJ, Website: https://www.grestec.co.uk .
1.6. “They” or “You” refers to the customer.
2. Price
2.1. The price excludes VAT. VAT will be charged at the rate applying at the time of delivery. The price quoted excludes
delivery (unless otherwise stated).
2.2. Our quotations lapse after 30 days (unless otherwise stated).
2.3. The price quoted excludes delivery (unless otherwise stated).
2.4. Business Customers: unless otherwise stated, the price quoted to business customers is an illustrative estimate
only and the price charged will be our price current at the time of delivery.
2.5. Business Customers: at any time before delivery we may adjust the price to reflect any increase in our costs of
supplying the goods.
3. Delivery
3.1. All delivery times quoted are estimates only.
3.2. If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however, if
you cancel the contract, you can have no further claim against us under that contract.
3.3. If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim
against us for delay (including indirect or consequential loss, or increase in the price of the goods).
3.4. We may deliver the goods in instalments. Each instalment is treated as a separate contract.
3.5. We may decline to deliver if:
3.5.1. we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
3.5.2. the premises (or the access to them) are unsuitable for our vehicle.
4. Risk
4.1. The goods are at your risk from the time of delivery.
4.2. Delivery takes place either:
4.2.1. at our premises (if you are collecting them or arranging carriage); or
4.2.2. at your premises or address specified by you (if we are arranging carriage).
4.3. You must inspect the goods on delivery. If any goods are damaged or not delivered, you must inform us in writing:
4.3.1. Business Customers: Must inform Grestec Tiles within 48 hours of delivery or the expected delivery
􀆟me, you must sign the delivery note “unexamined” if quantities are not checked.
4.3.2. Consumers: Must inform us within 14 days of delivery, you must sign the delivery note “unexamined” if
quantities are not checked.
4.4. We are not liable for defects arising from wilful damage, negligence, abnormal working conditions or misuse of
the goods.
4.5. Prior to fixing all goods must be inspected for quality and shade and accepted before work commences. No claims
will be considered after goods have been fixed or installed.
5. Payment Terms
5.1. Both Consumers and Business Customers are to pay us in cash or in cleared funds prior to delivery unless as a
Business Customer you have an approved credit account.
5.2. Business Customers: If you have an approved credit account, payment is due no later than 30 days a􀅌er the date
of our invoice unless otherwise agreed in writing.
5.3. If you fail to pay us in full on the due date we may:
5.3.1. suspend or cancel future deliveries.
5.3.2. cancel any discount offered to you;
5.3.3. charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act
1998;
5.3.3.1. calculated (on a daily basis) from the date of our invoice un􀆟l payment;
5.3.3.2. compounded on the first day of each month; and
5.3.3.3. before and after any judgment (unless a court orders otherwise);
5.3.4. claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead
costs; and
5.3.5. recover (under clause 5.8) the cost of taking legal action to make you pay.
5.4. Business Customers: If you have an approved credit account we may withdraw it or reduce your credit limit or
bring forward your due date for payment. We may take any of these actions at any time and without notice.
5.5. Business Customers: you do not have the right to offset any money you may claim from us against anything you
may owe us.
5.6. Consumers: you may only offset money you claim from us against money you owe us with our written agreement
and on such terms as we may state.
5.7. While you owe money to us, we have a right to keep any goods we may hold of yours until you have paid us in full
(a lien).
5.8. You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or
indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any
of your obligations under these terms.
5.9. Consumers: clause 5.8 means that you are liable to us for losses we incur because you do not comply with these
terms. We may claim those losses from you at any 􀆟me and if we have to take legal action we will request that the
court obliges you to pay our legal costs
5.10. If we hold goods for you (either consumer or Business Customer) we have the right to issue any invoice for those
goods if they have not be collected by you within 90 days of notifying you they are ready for collection (unless
otherwise agreed).
6. Title
6.1. Consumer: your statutory rights are unaffected.
6.2. Business Customers: until you pay all debts you may owe us.
6.2.1. all goods supplied by us remain our property;
6.2.2. you must store them so that they are clearly identifiable as our property;
6.2.3. you must insure them (against the risks for which a prudent owner would insure them) and hold the
policy on trust for us;
6.2.4. you may use those goods and sell them in the ordinary course of your business, but not if:
6.2.4.1. we revoke that right (by informing you in writing); or
6.2.4.2. you become insolvent.
6.3. Business Customers: you must inform us (in writing) immediately if you become insolvent.
6.4. Business Customers: if your right to use and sell the goods ends you must allow us to remove the goods.
6.5. Business Customers: we have your permission to enter any premises where the goods may be stored:
6.5.1. At any time, to inspect them; and
6.5.2. after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
6.6. Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of
goods supplied should you not pay us by the due date.
6.7. Neither the Consumer or Business Customers are our agents and have no authority to make any contract on our
behalf or in our name.
7. Warranties
7.1. We warrant that the goods.
7.1.1. comply with their description on our acknowledgement of order form; and
7.1.2. are free from material defect at the time of delivery (as long as you comply with clause 7.4).
7.2. Business Customers: we give no other warranty (and exclude any warranty, term or condition that would
otherwise be implied) as to the quality of the goods or their fitness for any purpose.
7.3. Consumers: the warranty in clause 7.1 is in addition to your statutory rights.
7.4. If we supply you with a sample or an illustration whether in our catalogue or electronically please note these are
meant only as mere examples. Ceramic tiles and natural stone colours can vary considerably over a period of time.
Samples are therefore for general guidance and are not necessarily identical to current stock.
7.5. Colour shades of the same tile can vary from size to size and from batch to batch due to the manufacturing
process. We are therefore not liable for any of these variations. Repeat or subsequent orders can therefore not be
guaranteed to be the same size, calibration or colour shade.
7.6. If you believe that we have delivered goods, which are defective in material or workmanship, you must:
7.6.1. Consumers: Inform us in writing within 30 days of delivery.
7.6.2. Business Customers: Inform us with full details, as soon as possible; and
7.6.3. allow us to investigate (we may need access to your premises and product samples).
7.7. If the goods are found to be defective in material or workmanship (following our investigations), and you have
complied with those conditions (in clause 7.6) in full, we will (at our option) replace the goods or refund the
price.
7.8. We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of
profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
7.9. Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to
£250,000.00 or any such insurance that we hold from time to time.
7.10. For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price
of the goods.
7.11. Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
8. Specification
8.1. If we prepare the goods in accordance with your specifications or instructions you must ensure that:
8.1.1. the specifications or instructions are accurate;
8.1.2. goods prepared in accordance with those specifications or instructions will be fit for the purpose
for which you intend to use them; and
8.1.3. your specifications or instructions will not result in the infringement of any intellectual property
rights of a third party, or in the breach of any applicable law or regulation.
8.2. Business Customers: We reserve the right;
8.2.1. to make any changes in the specifications of our goods that are necessary to ensure they conform
to any applicable safety or statutory requirements; and
8.2.2. to make without notice any minor modifications in our specifications we think necessary or
desirable.
9. Return of Goods
9.1. Business Customers: We will not accept the return of goods from you. Exceptional reasons for returns can
only be accepted by us by prior arrangement (confirmed in writing by us).
9.2. Consumers: Must return the goods within 14 days from the day that they notify us of order cancellation or
return per clause 11.2, 11.2.1 and 11.2.2.
9.2.1. If the consumer wishes to cancel Goods which have already left our premises, they will be liable
for the cost of returning the Goods to our warehouse (this can be up to £280 per pallet, for a pallet
return depending on your geographical location).
9.2.2. The consumer has 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.
9.2.2.1. We reserve the right to charge for any damages caused by failure to carry out your duty
of care.
9.2.3. In all other instances, except in the case of faulty or misdescribed goods, the consumer will be
liable for:
9.2.3.1. the cost of returning the goods to us; and / or
9.2.3.2. the organisation of the return to us
9.2.4. In orders containing bespoke or custom-made items, except in the case of faulty or misdescribed
goods, the consumer will be liable for the full value of the goods.
10. Export terms
10.1. Where the goods are supplied by us to you by way of export from the United Kingdom Clause 10 of these
terms applies (except to the extent that it is inconsistent with any written agreement between us).
10.2. The ‘Incoterms’ of the International Chamber of Commerce which are in force at the time when the contract
is made apply to exports, but these terms prevail to the extent that there is any inconsistency.
10.3. Unless otherwise agreed, the goods are supplied ex works from our UK warehouse.
10.4. Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to
give a notice under section 32(3) of the Sale of Goods Act 1979.
10.5. You are responsible for arranging testing and inspection of the goods at our premises before shipment
(unless otherwise agreed). We are not liable for any defect in the goods which would be apparent on
inspection unless a claim is made before shipment. We are not liable for any damage during transit.
10.6. We are not liable for death or personal injury arising from the use of the goods delivered in the territory of
another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).
11. Cancellation
11.1. Business Customers: You may not cancel the order unless we agree in writing (and clauses 3.2.2 and 11.2
then apply).
11.1.1. If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished)
that we may then hold (or to which we are committed) for the order.
11.2. Consumers: The consumer may cancel their order within 14 days of receiving their goods;
11.2.1. To cancel the order, you must inform us in writing that you wish to cancel. You cannot cancel or
return bespoke or custom-made items unless the product is faulty, misrepresented or does not
meet the agreed-upon specifications.
11.2.1.1. You may do this by email to sales@grestec.co.uk.
11.2.1.2. If you tell us verbally you will need to send confirmation in writing within the 14 days
since receiving the goods.
11.3. We may suspend or cancel the order, by written notice if:
11.3.1. you fail to pay us any money when due (under the order or otherwise);
11.3.2. if a Business Customer becomes insolvent;
11.3.3. you fail to honour your obligations under these terms.
12. Waiver and Variations
12.1. Any waiver or variation of these terms is binding in honour only unless:
12.1.1. made (or recorded) in writing;
12.1.2. signed on behalf of each party; and
12.1.3. expressly stating an intention to vary these terms.
12.2. All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing
an order with us, you are expressly waiving any printed terms you may have to the extent that they are
inconsistent with our terms.
13. Force majeure- business customers only
13.1. If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost)
because of circumstances beyond our control, we may cancel or suspend any of our obligations to you,
without liability.
13.2. Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood,
transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
14. General
14.1. English law is applicable to any contract made under these terms. The English and Welsh courts have nonexclusive
jurisdiction.
14.2. If you are more than one person, each of you is liable for all of your obligations under these terms (joint and
several liability).
14.3. If any of these terms are unenforceable as drafted:
14.3.1. it will not affect the enforceability of any other of these terms; and
14.3.2. if it would be enforceable if amended, it will be treated as so amended.
14.4. We may treat Business Customers as insolvent if:
14.4.1. you are unable to pay your debts as they fall due; or
14.4.2. you (or any item of your property) becomes the subject of:
14.4.2.1. any formal insolvency procedure (examples of which include receivership, liquidation,
administration, voluntary arrangements (including a moratorium) or bankruptcy);
14.4.2.2. any application or proposal for any formal insolvency procedure; or
14.4.2.3. any application, procedure or proposal overseas with similar effect or purpose.
14.5. All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their
contents form no part of any contract between us and the customer and you should not rely on them in
entering into any contract with us.
14.6. Business customers: any notice by either of us which is to be served under these terms may be served by
leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of
business. All such notices must be signed.
14.7. No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by
any person not identified as the buyer or seller.
14.8. The only statements upon which you may rely in making the contract with us are those made in writing by
someone who is (or whom you reasonably believe to be) our authorised representative and either:
14.8.1. contained in our estimate (or any covering letter) and not withdrawn before the contract is made;
or
14.8.2. which expressly state that you may rely on them when entering into the contract.
14.9. Nothing in these terms affects or limits our liability for fraudulent misrepresentation.