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Terms and Conditions

Terms and Conditions


Arte&Stili - Terms and Conditions
 
Definitions
 
'The Company' and 'Seller' means Arte&Stili Ltd, a company registered in England and Wales (Registration Number 9886201), whose place of business is 6 Leigh Street, London WC1H 9EW
 
'Buyer' and 'Customer' means the person who accepts a quotation from the Seller, for the sale of the Goods or agrees to buy the Goods from the Seller subject to these terms and conditions.
 
'Goods' means the Tiles and other products which the Buyer agrees to purchase from the Seller.
 
'Order' and 'Contract' means the Order or Contract for the sale and purchase of the Goods between the Buyer and the Seller.
 
'Price' means the price for the Goods excluding where applicable, carriage, packaging, and insurance.
 
'In writing' means a communication by postal letter, email, facsimile and any comparable means of communication.
 
The headings in these conditions are for convenience only and shall not affect their interpretation.
 
General 
 
1. The Company has produced the website to service our Mainland United Kingdom Customers only. If you are located overseas, please contact our Team on +44 (0)2073884145 or info@artestili.co.uk for further information. 
 
If you buy Goods from us, you agree to be legally bound by these terms and conditions
 
2. The Company may revise and update these Terms & Conditions, at any time and without prior notification.
 
Samples
 
3. The Company makes full size sample tiles available at discounted prices (and promotional free and/or cut size samples) with free delivery*, therefore, a restriction is in place regarding the number of sample tiles a Customer may order of one style/type/colour. We always recommend ordering tile samples prior to purchasing to see their true beauty, finish and texture.
 
Marble and stones are excluded from any of offer above and will be charged according to the price for those products.
 
*There is a maximum overall limit of 3 samples per order. 
For more than 3 samples we would charge for delivery as well as for larger tiles above 400x200mm Details of delivery charges will be notified before placing an order for any samples
 
4. A Customer may only order 1 sample tile of any style, colour or type, but may order as many different styles, types and colours as they choose. 
 
5. We despatch our samples and small order consignments through appointed carriers, who may be able to advise you of the relevant delivery information, direct to you, by SMS text messaging. When placing your order, please provide wherever possible, a mobile telephone number, as this will improve the level of service our delivery partners are able to provide to you. 
 
Please note - Due to shading variation caused by stock turnover, Sample tiles are exempt from our returns policy and are strictly non-refundable.
 
Special Terms relating to Bespoke and Personalised Goods
 
The Company offers a bespoke design and personalised ceramic tile service. In view of the nature of all bespoke and personalised Goods they will not be subject to the returns and/or cancellation policy set out in these terms and conditions. 
 
We will confirm your order by email after you have approved the sample provided to you, and will give you 14 days in which to change your mind and cancel the order. After the 14 day period we will instruct the manufacturer to begin the process of designing and personalising the Goods, at which point you will be liable for the whole cost of the Goods and will not be entitled to a refund or to return the Goods to the Company. All bespoke and made to order items and samples are non refundable, and also excluded from our returns policy
 
Ordering and acceptance of your Order
 
6. Below, we set out how a legally binding contract between you and us is made:
6.1 Any quotation given by us before you make an order for goods is not a binding offer by us to supply such goods.
6.2 When you decide to place an order for goods with us, this is when you offer to buy such goods from us.
6.3 When you place your order with us, we will acknowledge it in store or by email. This acknowledgement does not, however, mean that your order has been accepted.
6.4 We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:
6.4.1 the goods are unavailable
6.4.2 we cannot authorise your payment
6.4.3 you are not allowed to buy the goods from us
6.4.4 we are not allowed to sell the goods to you
6.4.5 you have ordered too many goods
6.4.6 there has been a mistake on the pricing or description of the goods
6.5 We will only accept your order when we confirm this in store by accepting an upfront payment or we will email you to confirm this (Confirmation E-mail). At this point:
6.5.1 a legally binding contract will be in place between you and us, and
6.5.2 we will dispatch the goods to you
 
7. Each Contract between the Seller and the Buyer will consist of the Order, the Terms and Conditions and such other specific terms as the two parties shall agree in writing.
 
8. Acceptance of your order and the completion of the contract between the Buyer and the Company will take place upon the despatch to the Buyer of the Goods ordered, unless we have notified you that we will not accept your order, or you have cancelled it.
 
9. Orders are accepted and promises for delivery given, conditionally upon our being able to secure the necessary material and /or goods and without responsibility for delays arising through risks and uncertainties of manufacture, strike, accidents, or other causes beyond our direct control.
 
Price and Payment
 
10. The Company accepts most major Credit & Debit Card payments 
 
11. All payments by debit or credit card need to be authorised by the relevant card issuer
12. Upfront payments via bank transfer debit/credit cards have to be cleared before manufacturing process starts; 
13. Final payments have to be cleared before items are despatched.
14. The price of the goods:
14.1.1 is in pounds sterling (£)(GBP)
14.1.2 includes VAT at the applicable rate
14.1.3 does not include the cost of:
14.1.3.1 delivering the goods (if you want information on your delivery options and costs, speak with us in store or visit our webpage before you place your order.
 
15. In the event that the express Terms of a contract are in conflict with any Conditions, the Conditions shall prevail.
 
16. As the number of tiles per square metre is nominal, the Buyer will be responsible for ensuring sufficient quantity of tiles are ordered.
 
17. Payment for the goods shall in itself constitute an acceptance of and agreement to these general Terms & Conditions.
 
18. The Company reserves the right not to supply the Buyer at the Companies sole discretion.
 
Delivery
 
19. The Company cannot, under any circumstances accept any financial demands from the Buyer for late delivery, incorrect supply of goods, or incorrect delivery. The Company respectfully recommends that the Buyer does not book a Tiler or Tradesman, until the goods have been delivered to the desired location, signed for and quality checked. The risk in relation to the goods passes to the Buyer at the point of physical delivery, at the time of delivery.
 
20. Time shall not be of the essence. The Company shall not be liable to the Buyer, or be deemed to be in breach of the Contract by reason of any delay in performing, or if any failure to perform, was due to any cause beyond the Companies reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded, although not exclusively, as causes beyond the Companies control; Act of God, Explosion, Flood, Tempest, Adverse Weather conditions, Fire or Accident, Traffic delays/Road works, War or threat of War, Sabotage, Civil Unrest, Import / Export regulations and embargoes, Fuel availability, Strikes, Industrial action, Raw material availability, Power failure or disruptions and breakdowns in vehicles or machinery.
 
21. The Company offer a wide range of standard and special delivery services in conjunction with our own transport and third-party contractors. Due to Health & Safety / Insurance reasons we are only able to offer deliveries through our business partners We cannot commit that Drivers will enter a Customers property. Whilst every effort will be made to deliver goods in line with the desired, requested or committed service, the Company do not accept responsibility for any delay, cost, or consequential loss, how so ever caused for a failed or late delivery. Please note that our general Delivery Service and those of our delivery Partners may involve deliveries being completed between the hours of 7am to 6pm 
Whilst every effort will be made to deliver your product to the nearest available delivery point, hazards or obstructions e.g. steps, lifts, uneven or gravel paths / driveways may necessitate the delivery being made to an alternative location nearest to the delivery vehicle.
 
22. The Company reserve the right to utilise a variety of transportation services to deliver the goods. Every effort will be made to deliver to the desired and requested point of delivery. However, in circumstances where it is not practical or possible to complete the delivery in this manner, the delivery will be made to an alternative location, appointed and notified to the Company by the Customer, in advance, or to the nearest available location adjacent to the point of delivery.
 
23. For the purpose of general appreciation / association, the vehicle making the delivery is likely, in most cases, to be the comparative size of a Fire Engine, or slightly larger. It is the Buyers responsibility to notify the Company of any circumstances that may affect the delivery of goods using a vehicle of this size. i.e. Parking restrictions, “Red Routes”, Vehicular access due to height or width, Narrow roads, Road works, Gravel or uneven driveways, Building sites, High rise apartments (with or without lifts) etc. Failure to communicate relevant information to the Company prior to delivery may result in additional costs for the re-supply being incurred by the Buyer and may also increase the re-delivery lead time.
 
24. If, due to prior notification from the Buyer, that a smaller vehicle or specialist vehicle is required to complete the delivery, the Company reserves the right to charge the Buyer for the additional costs involved.
 
25. It is the Company’s expectation that the Buyer or the Buyers representative, will be available to sign for the goods at the point of delivery. If goods are delivered without a signature the responsibility for checking the goods is that of the Buyer. If, for whatever reason, the delivery cannot be made due to the Buyer or the Buyers representative not being present or available on the agreed delivery date, the Company reserves the right to pass any re-delivery costs incurred to the Buyer, before a further delivery can be attempted. Please Note: Due to Insurance and Health & Safety regulations, neither Arte&Stili Ltd staff, nor the representatives of our Delivery Companies are able to take any goods into a Customers property.
 
26. Before fixing, the Buyer should ensure that they are satisfied that the goods supplied, are correct according to the original order. All items should be thoroughly unpacked and inspected as soon as possible. Should you have any queries or questions at this stage, relating to the supply, damage, shading or any other fault, please contact our Customer Service Team on +44 (0) 2073884145. If for any reason the Company deliver a part order with a balance to follow, we strongly recommend that no tiles are fixed until the order is complete. The Company has no control over manufacturers delivery times, shades, nominal sizing or the discontinuance of stocked lines.
 
27. The Company must be notified by email, facsimile or in writing, within a maximum of 2 working days from delivery relating to any claims by the Buyer relating to any shortage or damage to goods in transit. Failure to communicate problems may result in additional costs for re-supply being incurred and may also increase the re-delivery lead time. Upon any damages being reported we may request the Buyer to supply images of the damage along with a completed claims form. The Company is unable to alter existing invoices, including changes to (although not exclusively) values, items and billing/delivery addresses. If you require a specific address on your invoice, our sales coordinators will be happy to assist you in any way they can, prior to payment being taken.
 
28. IT IS THE RESPONSIBILITY OF THE CUSTOMER AND THEIR TILE FIXER TO ENSURE THAT THE GOODS ORDERED, ARE SATISFACTORY QUALITY AND SUITABLE FOR THE PURPOSE REQUIRED. INCLUDING COLOUR, SHADE, AND GAUGE. NO CLAIMS CAN BE ACCEPTED ONCE THE MATERIALS ARE USED. GOODS ARE SUPPLIED ON THE STRICT UNDERSTANDING THAT BRITISH STANDARDS RELATING TO TILE FIXING ARE FOLLOWED.
 
Before fixing, the Buyer should ensure that they are satisfied that the goods supplied, are correct according to the original order. All items should be thoroughly unpacked and inspected as soon as possible. Should you have any queries or questions at this stage, relating to the supply, damage, shading or any other fault, please contact our Customer Service Team on +44 (0) 2073884145
 
Product Quality / Warranty
 
29. The supply of goods does not mean that they are suitable for a specific installation and the Company gives no warranty that any of the Goods will be suitable for the intended purpose. The Company can only be held responsible for any failure against products supplied, to the extent that the manufacturer of such products is prepared to guarantee the same. No tiles are guaranteed against crazing. All tiles are susceptible to impact damage and this is unrelated to the wearing grade. Tiles can wear and must be protected against grit, movement of appliances and items being dropped on the surface. No tiles are guaranteed against chipping or mis-use.
 
30. Some variations in size, shape, manufacturing tolerance, shading and pattern are inherent in the manufacture of tiles and therefore the Seller accepts no liability for any variation in size and/or shading or colour. All Natural Stone goods are supplied subject to natural colour and shade variations. Tile names, images and sizes displayed are nominal and only represent a guide to the actual style, colour and size of a tile. Variations in texture, shade and size can occur from that which is advertised. Individual monitor setting can also exaggerate the appearance of a colour. The Company recommends that a sample is purchased prior to the main order. It is the responsibility of the Buyer to ensure that tiles are of an acceptable shade and size, and satisfactory for their situation.
 
31. It is the responsibility of the Tiler or Tradesperson to use where possible, goods from a variety of separate boxes to ensure that any batch, colour, shading and quality variances are minimised.
 
32. Any fault, quality or shading issue with the tiles supplied will remain the responsibility of the manufacturer. The Company will accept no responsibility for further or subsequent loss or expense, if the tiles are faulty, or not to the acceptance of the Buyer. Any such issues will be passed to the manufacturers, whereby any claims will become solely the manufacturer’s liability, disclaimers or notes printed on boxes or packaging will become the responsibility of the Buyer to read and accept, prior to use or fixing. 
 
33. 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 the delivery is refused, by the Buyer) be expected to notify the Seller in writing, within 2 working days, from delivery. If delivery is refused and the Buyer does not notify the Seller accordingly, the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
 
34. Each tile should be carefully examined individually before fixing. Fixing of the tiles constitutes acceptance of their quality. The Company does not perform any installation services and accepts no liability for faulty installation work, or the quality or correctness of the tiles once fixed. As far as the law permits, liability is limited to replacement of faulty items or a refund of their cost and excludes any consequential loss, including the cost of removal and refixing.
 
35. The Company offer a wide range of special protection, cleaning and maintenance products manufactured by a variety of different suppliers. Every care should be taken when using these products to ensure that they are appropriate for the product and location involved. Customers are requested to refer to the manufacturer's website and to fully read and adhere to the manufacturer's usage and application guideline instructions before use. Additionally, it is recommended that Customers should apply a small sample to a test area to ensure suitability, before proceeding with the main project. The Company are unable to accept any responsibility or liability for costs incurred through the use/mis-use of these products, howsoever caused. Ceramic tiles often absorb moisture from the adhesive used to fix them. Discoloration can occur when moisture is absorbed. Tiles need to fully dry before grouting which can take days in some circumstance.
This policy does not affect your statutory rights.
 
Cancellations
 
35. If the Buyer cancels the order after despatch, but before physical delivery, the Buyer will be expected to accept delivery of the goods and take responsibility for the return of the goods to the Company showroom in 6 Leigh Street, WC1H 9EW London, United Kingdom, no later than 14 days from the original delivery date. A Full refund will be issued for the Goods only, once the goods have been received and inspected by the Company, as being in a resalable condition. The Company will not accept under any circumstances the cost for delivering, or re-packaging of the Goods. Return of the goods will be at buyer’s cost. However, if the Customer returns the Goods themselves to the Company, the Company, will not reimburse the cost of returning the Goods .  
 
36. The Buyer can, before order is despatched* and within 14 (fourteen) days of receipt, cancel their order. Cancellations should be made either in writing, by email to Customer Service at info@artestili.co.uk The Customer does not need to give a reason, however, a brief outlined explanation will help us to improve our Customer Service in the future. In this case, if the Customer decides to cancel the order, a FULL refund for the GOODS and original DELIVERY charge will be issued. 
*Despatch will be communicated to buyer by Customer Service via email.
 
37. The goods must arrive in a resalable condition, therefore the Buyer, before returning the goods must ensure that the packaging is suitable for the safe return of the product. The cost for any additional packaging will be the responsibility of the Buyer.
 
38. The Buyer should return Goods using conventional haulage and should not use Express or Special Transportation services, unless specifically agreed with the Company, in writing, prior to the Goods being returned.
 
39. If the original packaging has been opened or is deemed by the Buyer to require improvement, to allow the safe return of the Goods, it is the responsibility of the Buyer to complete a re-packing exercise, at their cost. The Company will not accept any costs for the re-packing of Goods, in any circumstances.
 
40. Refunds for cancellations will only be processed once the Goods have arrived with the Company and have been fully inspected and deemed to be in a resalable condition. The Company reserve the right to amend the amount refunded based on the value of the resalable Goods.
 
41. Refunds will be processed as a priority, however, dependent upon circumstances, the administration may take up to 5 working days to complete. The maximum time period to refund any monies will not exceed 30 Days from the receipt of goods. Additionally, please note, any monies paid back to Credit / Debit cards may take a further 3-5 days to show on Customers statements. - However, it may be possible to improve on these timings by contacting your Bank / Card account company.
 
42. After 14 (fourteen) days from delivery, if the Buyer wishes to cancel the order, this action will be considered to be a 'Return' and be covered by our Returns Policy - see below.
 
Returns
 
43. Damages / Incorrect Delivery - If you receive damaged or incorrect tiles you will need to inform us in writing within 2 working days of delivery. We will either refund you or send replacements as quickly as possible.
 
44. Change of mind - The Customer will have the right to return Goods if they are not happy with their selection. In this case, Goods must be returned to our London-based depot (address will be provided upon request).  
The Goods must be returned in the original packaging. Customer will be responsible for arranging transport and insurance of Goods. This must be done within 30 days of receiving the order. Return of the goods will be at Customer’s cost and costs associated to the return of the Goods will be not reimbursed by the Company. Customer is instead fully refunded for the Goods. Refunds will be processed within 5 working days following our receipt of items, original delivery costs will not be refunded. 
 
Returned tiles must be as new, unused,  and have not been previously installed or fixed. All tiles must be returned, in the original packaging, and in condition suitable for resale.
 
Please note - Due to shading variation caused by manufacturers’ stock turnover, Sample tiles are exempt from our returns policy and are strictly non-refundable. 
 
The Buyer is again reminded that bespoke and personalised Goods are not included in our cancellation, returns or refund policies
 
 
45. Please be aware clearance items are one-off end of the line or discontinued products - we do not offer a Returns policy on these items.
 
46. Limit on our responsibility to you
46.1 In addition to all other limitations set out within these terms, except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
46.1.1 losses that:46.1.1.1 were not foreseeable to you and us when the contract was formed
46.1.1.2 that were not caused by any breach on our part
46.1.2 business losses
46.1.3 losses to non-consumers
 
47 Disputes and Applicable Law
47.1 These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales.
47.2 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods, our service to you, or any other matter, please contact us as soon as possible.
47.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
47.3.1 let you know that we cannot settle the dispute with you, and
47.3.2 give you certain information required by law about our alternative dispute resolution provider
47.4 If you want to take court proceedings, both parties agree to that the courts of England will have exclusive jurisdiction over any dispute which has arisen or may arise out of, or in connection with, these terms and in relation to this contract.
 
48      Third party rights
48.1 No one other than a party to this contract has any right to enforce any term of this contract.

 




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