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TERMS & CONDITIONS
FOR THE ONLINE SHOP
TOP QUALITY TILES

www.topqualitytiles.com

I. GENERAL PROVISIONS

  1. The Shop is operated by Seller – Andmar Construction Ltd, 12 Scanlan Street, Newcraighall, Musselburgh, Midlothian, EH21 8ST, Scotland, Company number – SC740298, VAT number- 428657365, e-mail: info@topqualitytiles.com, Telephone : 07702 070725
  2. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop https://www.topqualitytiles.com/.
  3. These Terms and Conditions are always available at the website https://www.topqualitytiles.com/ ,which allows to download, display and record their
    contents by printing or saving them to a data carrier at any time.
  4. Before proceeding with an order, you will be required to show that you have read and
    understood the following terms and conditions.
  5. By placing an order through our site, you warrant that:
    • you are legally capable of entering into binding contracts; and
    • you are at least 18 years old.
  6. The Customer is obliged to:
    • provide in the Order and in the registration forms, only true, up-to-date and all
      necessary data of the Customer and promptly update the data.
    • use the services made available by the Seller in a way that it does not interfere
      with the functioning of the Seller, the Online Shop and other Customers.
    • use the services made available by the Seller in a manner consistent with the
      applicable laws, and provisions of the Terms and Conditions.

II. TECHNICAL REQUIREMENTS

  1. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Opera, enabling cookies and JavaScript in the web browser.
  2. An active Internet connection is required to run and properly operate the Online Shop. The Seller is not a data transmission service provider. The costs of data transmission required to download, install, run and use the Online Shop and Services are covered by its Users on their own on the basis of agreements concluded with telecommunications operators or another Internet provider. The Seller is not responsible for the amount of fees charged for the use of data transmission necessary to use the Services. The Seller recommends the Customers to use the Application or operating system functions consisting in measuring the transmitted data.
  3. The Seller acknowledges that 100% availability of the Services is not technically feasible. However, we will make every effort to ensure that the website and services are available in the most permanent way possible. 
  4. The Seller makes no warranties or representations of any kind, express, statutory or implied as to the availability of telecommunication services from provider or access to the services at any time or from any location or any loss or damage connected with the services.

III. ELECTRONIC SERVICES IN THE ONLINE SHOP

  1. The Services are rendered by the Seller free of charge, 24 hours a day, 7 days a week. 
  2. The Seller provides the following Electronic Services:
    • Account.
    • Newsletter.
    • Enabling Customers to place orders and conclude Sale Agreements under the terms specified in these Terms and Conditions.
  3. Using the Account is possible after completing jointly and severally the following steps by the Customer:
    • Completing the registration form and accepting the provisions of these Regulations and our Privacy Policy,
    • Clicking on the “Register” box.
  4. The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”. 
  5. After registering an Account, the Customer may log into the Online Shop by providing the e-mail address and password indicated during registration.
  6. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself in your account. Registration data and personal information about you are governed by our Privacy Policy.
  7. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. 
  8. The Newsletter service, provided at the request of the Customer after the conclusion of the Agreement, includes receiving by the Customers who have provided the Service Provider with their e-mail address, by electronic means commercial information regarding the products and services of the Service Provider, including in particular information about their current offer, promotions, discounts and marketing campaigns.
  9. The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
  10. The Agreement for the provision of service which involves enabling Customer to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Customer earlier terminates placing the Order through it. 
  11. The Seller may at any time terminate the Service Agreement with the Customer giving a 14 day notice period for important reasons, understood as a change in the laws governing the provision of electronic services by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Customer and the Seller, or a change of the scope or provision of services to which the provisions of the Terms and Conditions apply.
  12. If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 – day notice.

IV. SALES AGREEMENT

  1. All orders for products are subject to availability. If the products you have ordered are not available from stock or will not be readily available from suppliers within 7 working days of your order, we will contact you by email or phone (if you have given us the details). 
  2. All products are made to your specifications or clearly personalized (Delivery time up to 4 weeks). These items are non-returnable unless the item is faulty or made to the incorrect measurements.
  3. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
  4. Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by clicking the “PLACE ORDER” button on the checkout page.
  5. Orders can be placed by Internet users, who have correctly filled in registration form. Orders can be placed also without registration form. A user who does not have an Account must independently fill out the Order Form in the scope of his/her details necessary to conclude and execute the Sales Agreement.
  6. As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory. Providing the personal data marked obligatory is voluntary yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order. A lack of due diligence while filling in the form may cause the Customer being obligated to cover additional expenses such as: compensation, costs of improper postage, costs of resending the order to the right address, or any other rightful costs incurred by the Online Shop to complete the Order.
  7. The order form should include the Customer’s first name, last name and postal address, phone number and email address.
  8. After placing an order, you will receive an acknowledgment from us that your order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “PLACE ORDER” button, you enter into an obligation to pay for the Product(s). Where your order is accepted, this will be confirmed by sending you a confirmation (Order Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the relevant Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
  9. The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation.
  10. The sales Agreement shall be concluded in English.
  11. Order can be placed 24 hours a day, 7 days a week. The order implies an obligation to pay.
  12. The Seller offers, after prior arrangement with the customer, additional services for an additional fee (Bathroom Renovation, Kitchen Renovation, Tiles Installation).

V. PRICE / PAYMENT

  1. The price payable for the Products shall be as shown on our site in GBP. The prices shown are inclusive of any value added tax. Due to circumstances beyond our control, prices may have to be altered up or down, including any alterations to the rate of value added tax or sales tax. The current price will be shown when you place your order. 
  2. Delivery charges are clearly highlighted throughout the site https://www.topqualitytiles.com/ .
  3. The Customer may choose the following payment methods:
  4. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution.
  5. The Customer agrees that the purchase documents (VAT invoice / receipt) for the order will be sent electronically. The invoice sent to the customer uses the information he entered in his customer account. The Customer can edit this data each time he places an order through the website.

VI. DELIVERY

  1. The place of delivery is at the address given by the Customer to the Seller. Please check Delivery section on our website https://www.topqualitytiles.com/delivery 
  2. Delivery of the Products is carried out by parcel delivery company.
  3. If your delivery address is outside of the UK, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information. Please note international shipments may be subject to cross-border inspections by customs authorities.
  4. The total waiting time for the Customer to receive the Products (delivery date) consists of the time of preparation of the Order for dispatch by the Seller and the time of delivery of the Product by parcel delivery company (4 weeks). 
  5. The deadline for delivery and processing of the Order shall be calculated per Business Days. On the Shop websites, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges. It may be variable during holiday periods and due to a pandemic covid-19.
  6. Errors in quantity of the delivered product or damages of the packages must be ascertain when receiving the delivery, with the presence of transportation company representative and notified to the seller as soon as possible. After signing the receipt of the goods, the complaint for mechanical damage will not be taken into account.

VII. RISK AND TITLE

  1. The Products will be at your risk from the time of delivery.
  2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

VIII. CONTRACT CANCELLATION

  1. You can cancel this contract if you so wish, provided that you exercise your right to do so within 14 days after the day on which you receive the products. If you wish to cancel your order, please email us or provide your cancellation request in writing.
  2. To cancel a contract, the Consumer must inform the Seller of the decision to cancel it. To keep the deadline, it is sufficient for the Consumer to make a statement to the Seller before it expires. 
  3. If you wish to post your cancellation request our mailing address is Andmar Construction Ltd, 12 Scanlan Street, Newcraighall, Musselburgh, Midlothian, EH21 8ST, Scotland, e-mail:  info@topqualitytiles.com. 
  4. It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us.
  5. You will not have any right to cancel a purchase for the supply of goods made to your specifications or clearly personalised. These items are non-returnable unless the item is faulty or made to the incorrect measurements.

IX. COMPLAINTS PROCEDURE

  1. The Seller shall have a sufficiently notified complaints procedure in place and shall handle the complaint in accordance with this complaint procedure.
  2. The products are covered by a 2-year manufacturer’s warranty.
  3. Complaints should be sent to the following address: Andmar Construction Ltd, 12 Scanlan Street, Newcraighall, Musselburgh, Midlothian, EH21 8ST, Scotland, e-mail:  info@topqualitytiles.com.
  4. You will not have any right to cancel a purchase for the supply of goods made to your specifications or clearly personalised. These items are non-returnable unless the item is faulty or made to the incorrect measurements. You must give us the opportunity to adjust, repair or replace faulty or incorrect items before you can claim a refund. Please contact us if you need any assistance or advice.
  5. The complaints submitted to the Seller shall be replied within a period of 14 days after the date of receipt. The Customer will be informed on the decision concerning the complaint via e-mail.
  6. In the unlikely event that our Customer Relations team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, you may also refer your complaint to Retail ADR (previously ‘The Retail Ombudsman’), which is a certified Alternative Dispute Resolution provider. RetailADR, 33 floor Euston Towers, 286 Euston Road, London, NW1 3DP, Email: enquiries@cdrl.org.uk – Web: www.retailadr.org.uk, Tel: 0203 540 8063.

X. VIRUS

  1. We cannot guarantee that our website will be secure or free from bugs or viruses. You should use your own virus protection software.
  2. You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.

XI. OUR LIABILITY

  1. We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
  2. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price.
  3. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
  4. The products sold on the Andmar websites are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Andmar.
  5. We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. 
  6. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for: Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or Any loss of goodwill or reputation; or Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. 
  7. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

XII. WRITTEN COMMUNICATION

  1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

XIII. SEVERABILITY CLAUSE

  1. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

XIV. GOVERNING LOW

  1. By placing an order with us you will be deemed to have read, understood, accepted and agreed to being bound by the foregoing terms and conditions of access. Governing Law & Jurisdiction Scottish Law applies to this contract. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
  2. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

XV. FINAL PROVISIONS

  1. All content on the website including, without limitation, logos, registered trademarks, text, photographs, images, drawings, models or charts, is protected by UK and International intellectual property laws. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. 
  2. The Seller reserves the right to modify these Terms and Conditions. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess a Customer Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.

LEGAL NOTICE

The Seller: Andmar Construction Ltd, 12 Scanlan Street, Newcraighall, Musselburgh, Midlothian, EH21 8ST, Scotland, Company number – SC740298, VAT number- 428657365, e-mail: info@topqualitytiles.com, Telephone : 07702 070725

I. ACCESSING OUR SITE

Access to our site https://www.topqualitytiles.com/  is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

II. PROTECTION OF PERSONAL INFORMATION

We are committed to complying with the GDPR and the Data Protection Act 2018, once enacted.

As Customers provide their personal information voluntarily, they shall have the right to access their personal data and the right to rectify, delete, limit the processing, the right to data transfer, the right to object, the right to withdraw consent at any time .

Detailed conditions of the above rights shall be indicated in our Privacy Policy. 

We’d like the chance to resolve any complaints you have; however you also have the right to complain to the UK data protection regulator (the “ICO”) about how we have used your personal data. Their website is https://ico.org.uk/.

The Information Commissioner’s Office – Scotland, Queen Elizabeth House, Sibbald Walk, Edinburgh, EH8 8FT, Telephone: 0303 123 1115, Email: Scotland@ico.org.uk.

III. ADR

In the unlikely event that our Customer Relations team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, you may also refer your complaint to Retail ADR (previously ‘The Retail Ombudsman’), which is a certified Alternative Dispute Resolution provider. RetailADR, 33 floor Euston Towers, 286 Euston Road, London, NW1 3DP, Email: enquiries@cdrl.org.uk – Web: www.retailadr.org.uk, Tel: 0203 540 8063.

IV. INTELLECTUAL PROPERTY

All elements of the site  https://www.topqualitytiles.com/   are and remain the intellectual and exclusive property of the TOP QUALITY TILES. Nobody is allowed to reproduce, exploit or use in any way, even partially, elements of the site whether they are in the form of photo, logo, visual or text.

V. DISCLAIMERS

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for: Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or Any loss of goodwill or reputation; or Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

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