Terms & Conditions

Acceptance of Terms

a) these terms and conditions apply to the purchase of goods by you from us via our website.

b) the placement of an order for goods indicates your acceptance of these terms and conditions.

c) these terms and conditions cannot be varied unless agreed in writing by Brooke Ceramics Ltd.

d) if we make any typographical, clerical or other omission in any information, invoice or other document we shall be entitled to correct it without any liability on our part.

e) these terms and conditions do not affect your statutory rights.

Definitions

In these conditions the following words shall have the meanings set out opposite them.-

(a) "the Company” shall mean Brooke Ceramics Ltd;

(b) "the Customer” shall mean any person, firm, company or organisation to whom the Company agrees to sell "the Goods";

(c) "the Goods” shall mean the goods (and any parts thereof) the subject matter of the contract as described in these conditions and (if appropriate) on the face of the Company's acknowledgement of order form;

(d) "the Manufacturer” shall mean the manufacturer of the Goods where the Goods are not manufactured by the Company

General

Please check your order within 48 hours.

Technical and other advice is given by the Company's authorised representatives in good faith and for general guidance only.

We recommend that you never book a tiler or fitter until the Goods have been delivered.

The Company is not liable for errors or defects by the Manufacturer or other circumstances beyond its control.

All prices shown and quoted are inclusive of V.A.T. unless stated otherwise.

Prices stated are exclusive to this website only and will not necessarily be available in the Company’s store.

Samples

Samples are exhibited solely to enable the Customer to judge the quality of the Goods, but not so as to constitute a sale by sample.

Comparison with Previous Orders

The Company cannot guarantee to match shades of previous orders.

Quality, Condition and Suitability or Goods

It is a particular condition of sale that all Goods be inspected and approved by the Customer in all aspects of quality, shade and condition prior to any cutting or fixing, and that the Customer is responsible as to the suitability of the product to meet design and manufacturing needs.

The use of Goods delivered implies their acceptance by the Customer.

The Company is not liable for incorrect use or installation of Goods.

Considering the distance that most tiles travel, you should expect a few breakages and these should be used for cuts.

Goods are supplied within the Manufacturers tolerance limits of size, texture and colours variations.

Shading and Crazing

Shading and crazing are inherent characteristics of all ceramic tiles. Brooke Ceramics Ltd reserves the right to refuse any responsibility for tiles shaded, crazed or faulty in any way once said goods have been fixed.

Brooke Ceramics Ltd cannot guarantee to match shades of previous orders.

Calibration

In modern manufacturing of most types of ceramic and porcelain tiles, the calibration i.e. size of the tile, may vary from batch to batch. It is important to check the calibration stamped on each box before installation commences.

The company cannot accept any claims once materials are fixed or if they are ordered specifically, a specific calibration cannot be guaranteed.

Slate and Natural Stone products

In these products there are some natural characteristics which make handling and fixing more specialised than factory pressed ceramic tiles. The material is formed over many years by natural process. The thickness of tiles may vary within the same batch or box. Therefore, we do not guarantee that the thickness of tiles will be uniform nor will cracked or broken tiles be accepted as faulty. There will be a natural variation in colour; no two tiles are the same. Consequently, we cannot accept any returns on any natural products.

Your obligations as a Customer

You are responsible for your own choice of Goods and their suitability for purpose.

You are responsible for your telephone & postal charges in contacting the Company.

You must provide the Company with all reasonable courtesy, information, cooperation, facilities and access to enable the Company to perform our duties. Failing which the Company shall not be obliged to perform any service or assistance.

Acceptance

Your order will be confirmed to you via email once we have received payment and providing that you have given us your email address. Whether you receive the email or not, your payment for and our acceptance of your order will create a legally binding contract between us.

When you receive the Goods you must inspect them for any defects or non-conformity within 48 Hours. After this period, you will have accepted the Goods.

Stock Availability

All items are subject to availability at time of order.

Deliveries

We will advise you of the delivery day for your goods. Normal delivery times are between 9:00am and 5:00pm on a Monday to Friday. Weekend deliveries are not available.

Tiles will normally be shrink wrapped on a pallet and delivered to the ground level edge of your property.

Someone will need to be present at the time of delivery to accept and sign for the Goods as a failed delivery may result in you incurring a re-delivery charge.

The driver will not be able to assist getting the Goods into your property due to insurance purposes. Orders under 20kg weight will be delivered with a parcel courier.

As we use a national carrier to fulfil our deliveries it is not possible to guarantee a 100% success rate on the confirmed delivery day.

Where the Company delivers to site, delivery will be to the nearest hard road to site. If the Customer requests delivery to a site beyond the nearest hard road then all risk as to the condition of the Goods on the delivery is with the Customer, and no claims will be entertained as to the condition of the Goods on delivery. Unloading is the responsibility of the Customer.

If the Company delivers in its own vehicle the Company retains the risk for the condition of the Goods until delivery has been made.

If delivery is by carrier or by post then risk for the condition of the Goods is with the Customer after the Goods have left the Company's premises.

Delivery to the site or nearest hard road to the site requested by the Customer, established by a signed delivery note, is conclusive evidence that delivery has been made to the order of the Customer, and in compliance with the agreement.

The Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery of the Goods but shall be under no obligation to do so and where delivery is postponed by agreement otherwise than due to default by the Company, the Customer shall pay all costs and expenses including a reasonable charge for storage and transportation occasioned thereby.

Any claim as to shortages or condition of Goods on delivery which would not be apparent on visual inspection must be communicated within 48 hours. Subject to this condition, the Customer is deemed to have accepted the Goods upon delivery as having been supplied in good condition, and in accordance with the order.

Order Cancellation

If you wish to cancel an item or order, you must inform us in writing. You can do this preferably by email, or by post.

Cancellation must be made within 3 days of placing your order. If we have sent a despatch email notification before the cancellation is made then the delivery charge is non refundable. If the cancellation is made before the despatch email is sent by us then all charges are refunded.

Cancellations by email must be sent to:-

sales@brookeceramics.com

Cancellations by post must be sent to:-

Online Order Department.
Brooke Ceramics Ltd
Stoneferry Road
Hull
HU8 8BT

Faulty Goods and damaged goods

If the products purchased are faulty, and providing that we are informed within 28 days of receipt of the goods, the Company will offer a like replacement. If the goods are not available then a full refund will be made. Faults resulting from misuse, neglect, accident, incorrect installation or normal wear and tear will not be covered.

You should notify us within 48 hours of receiving delivery if any of the goods you have purchased arrive damaged.

If a collection is required then you should contact us by email at sales@brookeceramics.com or by telephone on 01482 585888, quoting your sales receipt number. Please note that goods can only be collected between 7.30am and 5.30pm Monday to Friday.

Claims

a) Any claim as to the condition of the Goods on delivery and which would be apparent on visual inspection must be communicated within 48 hours of delivery and confirmed in writing within 5 days after delivery.

b) Subject to condition (c) after 5 days from delivery the Customer is deemed to have accepted the Goods as having been supplied in good condition, and in accordance with the order.

c) Any claim as to the condition of the Goods not apparent on visual inspection must be communicated in writing to the Company within 28 days of the date of delivery.

d) Liability of the Company for the defective condition of any of the Goods supplied will not exceed the contract value of the Goods in respect of which the complaint is made.

e) Notwithstanding condition (c) no claim may be made in respect of defective condition of the Goods once they have been used by fixing to the wall or floor, or by any attempt to fix the same.

f) In the event that the Goods are not manufactured by the Company then the Company gives no assurance, warranty or guarantee whatsoever that the sale or use of the Goods will not infringe copyright, registered design, design copyright or other intellectual property rights of any other person, firm or company.

g) Marble, slate and stone. A certain amount of breakages are to be expected with marble, slate and stone and should be accounted for at the time of ordering.

Returns

Returns are not normally accepted unless expressly stated in writing by the Company. However, if the Company in its absolute discretion accepts back any Goods which are surplus to the Customer’s requirements, it may levy a handling fee of not less than 25% of the invoice value of the Goods returned.

Items must be returned within 28 days of receipt of your goods. The Goods must be in their original packaging and must be undamaged and fully resalable.

If the goods that are returned are not in a fully resalable condition or the packaging is damaged, then we reserve the right to refuse the refund. This does not affect your statutory rights.

Due to the inherent variations within natural products, we cannot accept any returns on these products.

If the Company agrees to accept back surplus Goods, these returns can be taken to the Brooke Ceramics Ltd store with your sales receipt or we can arrange to have a carrier collect the goods from your premises.

If this is required then you should contact us by email at sales@brookeceramics.com or by telephone on 01482 585888, quoting your sales receipt number. We will then obtain a quotation for you for the cost of the return and contact you to arrange collection day and payment before collection is arranged. Please note that Goods can only be collected between 8am and 5.30pm Monday to Friday.

Goods to be returned to:
Brooke Ceramics Ltd
Stoneferry Road
Hull
HU8 8BT

A copy of your original receipt must be placed in an envelope and then securely attached to the returning goods.

We expect returned tiles in a re-saleable condition. Therefore we recommend that you put the Goods back on the pallet they were delivered on, and securely fasten the Goods so they are not able to move around. It is always helpful in the event that damage may be caused in transit to take a couple of photographs before they are wrapped and when they are wrapped, before they are collected. Because of batching issues etc, we can only accept returns within 28 days of the tiles being delivered.

Statutory Rights

Please note that these terms do not affect your statutory rights. For more information you should contact your local Citizens Advice Bureau or Trading Standards Office.

Changes to Website

Prices, products and Terms and Conditions are subject to alteration without notice and you confirm that Brooke Ceramics Ltd shall not be liable to you for any such change or removal and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

Links to Third Party Websites

The Brooke Ceramics Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

Disclaimers and Limitations of Liability

Availability of goods. All goods are subject to availability and if they are in stock in our warehouse, delivery will normally be made within 5 working days. If the Company or our suppliers are temporarily out of stock for any reason, we will notify you of this situation and you should in these cases allow up to 14 working days for delivery. For delays longer than 14 days, you will have the opportunity to cancel the order for a full refund. The Company will not however be responsible for compensating you for any other losses you may suffer if we are not able to supply the goods within these times.

The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Brooke Ceramics Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

Brooke Ceramics Ltd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Brooke Ceramics Ltd for death or personal injury as a result of the negligence of Brooke Ceramics Ltd or that of its employees or agents.

The Company's conditions over-ride any Conditions of Sale/Purchase of the Customer. The Customer's Conditions are only effective in so far as they do not conflict with the Company's Conditions.

Force Majeure

Brooke Ceramics Ltd is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months this Agreement may be terminated by either party without compensation.

English Law

The contract is governed by English Law. The English Courts are the property venue for any Actions arising from the Contract.