Terms & Conditions

PREMIER TILES & BATHROOMS TERMS AND CONDITIONS OF BUSINESS

About our terms of business

This page contains our general terms and conditions of business with our customers. We refer to them as the ‘Our Terms of Business’. You agree to Our Terms of Business as a condition of visiting our Premier Tiles & Bathrooms store and/or our website, as applicable. In addition, each time you order products from us online or purchase products from a Premier Tiles & Bathrooms store, that creates a separate contract between you and us concerning the individual order or purchase (we refer to that as a ‘Purchase Contract’).

ABOUT US

We are Premier Tiles & Bathrooms (UK) Limited, a company registered in England and Wales with company number 12995559. Our registered office is at Compass House, Lancaster Road, Cressex Business Park, High Wycombe HP12 3PY. Our VAT number is 374 9136 69. In Our Terms of Business, we may use ‘Premier Tiles & Bathrooms, ‘we’, ‘us’ or ‘our’ to refer to Premier Tiles & Bathrooms (UK) Limited.

ABOUT YOU

You (in Our Terms of Business, we may use ‘your’ to refer to you) are a customer or potential customer who visits our store, or visits our website and/or buys products from our store and/or through our website. You may be a person, firm or company.  If you are a firm or company, you confirm that whoever deals with us has authority to do so and to agree to Our Terms of Business on behalf of the company or partners in the firm.

CONSUMER or TRADER?

Depending on your circumstances, you will be either a ‘Consumer’ or a ‘Trader’ for the purposes of Our Terms of Business when you have dealings with us. Some parts of Our Terms of Business apply differently depending on whether you are a Consumer or Trader. Our Terms of Business make it clear when there is a difference.

• You will be a ‘Consumer’, if you are an individual acting for purposes that are wholly or mainly outside of your trade, business, craft or profession. For example, if you are a homeowner doing your own ‘DIY’ project for your own home, or you employ a tiler to do work on your own home.
• You will be a ‘Trader’ if you are a person acting for purposes relating to your trade, business, craft or profession, whether acting personally or through another person acting in your name or on your behalf. For example, if you are a tiler or a builder doing work on someone else’s home.

IF YOU HAVE A QUESTION

If you have a question about Our Terms of Business or any of our Policies, please contact us. We recommend you keep a copy of Our Terms of Business for future reference.

REVISIONS

We have the right to revise Our Terms of Business and our Policies from time to time. Please check back regularly, to see the latest versions. Our Terms of Business were most recently updated on 10 August 2021.

HOW TO CONTACT US

Please see our Contact Us Page.

DOING BUSINESS WITH US

1. DESCRIPTION (Consumer, Trade, Online, In store)

1. Images and descriptions used instore or online are to help illustrate the use of our products. Printed material and computer displays may not accurately show colours, textures or finishes. We recommend that you visit a store and/or obtain samples before buying.
2. Naturally, due to the manufacturing processes and natural materials used in many of our products, there may be variations in the size, colour, shade and texture between individual tiles, or between batches of products; and sizes, weights, capacities, dimensions and measurements indicated on our site may vary too.
3. Naturally, products may be porous, subject to veining, prone to staining, prone to pitting and/or prone to change their appearance and/or performance over time.
4. Packaging may vary from that shown on images.
5. CHOOSING AND BUYING (Consumer, Trade, Online, In store)
   1. You are responsible for deciding what you need and in what quantities. We recommend that you:
      1. select products with a suitable specification for your intended use;
      2. buy enough for your whole project and allow for tolerances in estimating quantities, wastage and breakage. Buy tiles, borders and decors from the same range.
   2. Please keep your receipt as proof of purchase.
   3. Online, you may check your order and amend any errors before placing an order online (we recommend that you do this). We confirm receipt of all orders by email (this does not commit us to accept the order).
   4. Online, we accept an order when the products are despatched to you or you collect them. Until then we have the right to cancel for any reason and if we do so we will refund what you have paid.
6. DELIVERY AND COLLECTIONS (Consumer, Trader, Online, In store)
   1. All in store collections are free of cost. There would be different changes based on volume and weigh of delivery.
   2. When we give a date for delivery or collection, this will be an estimate and is not guaranteed as a firm date. Time is not of the essence. To avoid disappointment and wasted costs, we recommend that you do not make any firm arrangements to use products (for example, arranging a time for a tiler to fit tiles) until you have received them. Otherwise, for example, you may have to pay a tiler for their wasted time and we will not be responsible for reimbursing this cost.
7. PROMOTIONS (Consumer, Trader, Online, In store)
   1. We may make promotional offers available. Details of current promotions will be displayed instore and/or online, as applicable and the following will apply in addition:
      1. promotions may be limited to particular products, particular time periods, particular stores and online only;
      2. we do not guarantee to keep products in stock throughout the period of a promotion;
      3. discounts (for example up to a third off) will be against the price we charged immediately before the promotion began (not off the price we may have charged at some other time or the price other retailers may charge for the same or an equivalent product) and different discounts may apply to different products;
      4. discount codes (for example Voucher Codes) will be applied against the designated products and for the designated validity period given for the particular discount code and discount will be against our prevailing price when you buy (not the price we may have charged at some other time or the price other retailers may charge for the same or an equivalent product) during the validity period of the particular discount code;
      5. free products (for example buy five and get the sixth free) will be given only when the specified minimum quantity of products in the promotion are purchased at the same time and the free product will be the lowest priced product;
      6. unless we say otherwise for a particular promotion, promotions cannot be used in conjunction with any other offers, discounts or promotions, apart from Trade discount;
      7. if you return a product that was purchased as part of a discount promotion, we will refund the price you actually paid (not the full price);
      8. if you return products that were purchased as part of a free products promotion (for example. buy five and get the sixth free), or which entitled you to a free gift, you must return the free products and/or free gift as well as the products you paid for;
      9. we have the right to amend or withdraw promotional offers at any time;
      10. some promotions (for example Voucher Codes) may be run in conjunction with third parties and you may have to agree to their terms and conditions in order to benefit from them.
8. Blue Light Card DISCOUNT (Consumer, In store)
   1. Show your valid Blue Light Card, NHS ID Card, Defence Privilege Card or MOD90 Armed Forces Card to receive a discount. In-store only.
9. INSTALLATION AND SAFETY (Consumer, Trader, Online, In store)
   1. Check tiles carefully before fixing them. Look out for variations in shade. We cannot replace tiles once they have been cut, had adhesive or other chemicals applied or been fixed to a substrate, for example a wall or floor. For more see our Cancellation, Returns and Refunds Policy.
   2. The products we sell may be hazardous, especially if misused. Take care when handling (especially when lifting or using chemicals). Follow the manufacturer’s instructions and warnings. Use appropriate safety equipment, tools and procedures including any recommended by the manufacturer. Only use products for their recommended application.
   3. An adult should supervise anyone under the age of 18.
   4. We do not knowingly sell to children and orders may only be placed by persons 18 or over.
10. CANCELLATION, RETURNS AND REFUNDS
    1. Our Cancellation, Returns and Refunds Policy explains your rights to cancel orders, return products and receive refunds.
11. AFTER CARE (Consumer, Trader, Online, In store)
    1. Some products need regular care and attention (for example maintenance, cleaning or treatment) to maintain their look, performance and safety features.  Follow the manufacturer’s instructions and warnings. Use appropriate safety equipment, tools and procedures including any recommended by the manufacturer.
12. PRODUCT GUARANTEES (Consumer, Trader, Online, In store)
    1. Where products come with a manufacturer’s guarantee enforceable by you, the benefits are in addition to your rights under Our Terms of Business.
13. RESOLVING ANY PROBLEMS (Consumer, Trader, Online, In store)
    1. If you are not entirely satisfied with your purchase, please contact us. We will try to resolve any problems as quickly as we can. If necessary, we will explain how you can use our complaints procedure.
14. NO RE-SALE (Trader, Online, In store)
    1. We only sell products to Traders to use for the benefit of your own customers as end users, not for onward sale. You agree not to re-sell any products you buy from us and should you try to do so, we have the right to cancel the sale or order (if we do we will refund the price you paid and we will have no further liability to you in connection with the cancellation). You may be able to return any unwanted products. See our Cancellation, Returns and Refunds Policy.
15. DATA AND PRIVACY (Consumer, Trader, Online, In store)
    1. We are committed to using information that we collect from and about you fairly and properly.
       1. We will sometimes need to collect and use information about you (for example your name, address, email and phone number) to help you when you are choosing and buying products or receiving customer support services.
       2. We may share information about you with third parties who support us (for instance when we arrange deliveries) or help us find ways of improving our products.
       3. When you use our website, we will need to interact with your computer or mobile device and collect information from it (for example, the internet protocol (IP) address).
       4. We may ask you to share information with us so that we can keep in touch and provide you with information about our products and services.
    2. How we do all this and your rights are all set out in our Privacy Policy. This explains what choices you can make about sharing information about you, with us.
16. INTELLECTUAL PROPERTY RIGHTS (Consumer, Trader, Online, In store)
    1. The intellectual property rights (including copyright, rights related to copyright such as moral rights, patents, rights in inventions, trademarks, geographical indications, service marks, trade names, design rights, rights in get-up, domain names, business names, rights in computer software, database rights, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature) in or to our website, products we offer for sale and material (for example artwork, photographic work) displayed in our stores and/or on our website and/or our social media accounts (for example, Facebook, Instagram, Pinterest and LinkedIn) will be owned by us, or owned by a third party and used by us with their permission.
    2. Such intellectual property rights may not be used, modified, copied, stored or shared by you or by anyone on your behalf, except with our written permission and in the case of social media, in accordance with the terms and conditions of the social media service provider.
17. RESPONSIBLE CUSTOMER CONTENT (Consumer, Trader, Online, In store)
    1. We welcome your opinions and feedback whether posted to our social media. All content and comments submitted by you must be contributed responsibly and respectfully and feedback must be a true reflection of the work done.
    2. Posting to our website or social medial accounts anything that in our opinion is obscene, derogatory, defamatory or otherwise unsuitable is prohibited and we have the right to remove it or have it removed.
18. WEBSITE AND COMMUNICATIONS SYSTEMS (Consumer, Trader, Online, In store)
    1. Use of our website is subject to our Acceptable Use Policy.
    2. We use reasonable endeavours to ensure that our website, email and other communication systems are generally available, but we have the right to suspend service and restrict or prevent access (temporarily or permanently), for example to carry out maintenance or for security reasons, or due to misuse.
    3. We are not responsible for and shall not be liable for the availability or content of third-party websites and other resources that can be reached through links from our website or social media content

1. APPLICATION OF OUR TERMS OF BUSINESS – CONSUMERS (Consumer, Online, In store)
   1. Our Terms of Business, including any document expressly referred to (for instance our Policies) form the agreement between you and us.
2. APPLICATION OF OUR TERMS OF BUSINESS – TRADERS (Trader, Online, In store)
   1. Our Terms of Business, including any document expressly referred to (for instance our Policies) form the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to their subject matter.
   2. You acknowledge and agree that in entering into any Purchase Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in or referred to in Our Terms of Business.
   3. You acknowledge and agree that when entering into any Purchase Contract, unless we have agreed otherwise in writing, Our Terms of Business apply to the exclusion of all other terms and conditions, including any that you may try to apply or impose.
3. INTERPRETATION OF OUR TERMS OF BUSINESS (Consumer, Trader, Online, In store)
   1. A reference to you or us includes personal representatives, successors and permitted assigns, where applicable.
   2. A reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
   3. Words in the singular include the plural and vice versa.
   4. Any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words.
   5. The paragraph and other headings are included for convenience only and shall have no effect on the interpretation of Our Terms of Business.
   6. Reference to legislation is a reference to that legislation as in force as at the date of Our Terms of Business or amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under Our Terms of Business.
4. EVENTS OUTSIDE OUR CONTROL (Consumer, Trader, Online, In store)
   1. We will not be liable or responsible for any failure or delay in performing any of our obligations when that failure or delay is wholly or partly due to:
      1. any act, omission, event or circumstance beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, natural disaster, interruption to telecommunications networks (whether domestic, international, public or private), interruption to transport systems, including roads, railways, shipping, ports and other goods interchanges, airfreight, airports, fuel supplies (whether domestic, international, public or private); and/or
      2. any act, omission, event or circumstance resulting from the UK’s exit from the European Union.
5. TRANSFERRING RIGHTS (Consumer, Trader, Online, In store)
   1. We can transfer our rights under any Purchase Contract or otherwise arising under Our Terms of Business, to another person, firm or company without your permission, but this will not affect your rights. You can only transfer your rights under any Purchase Contract, or otherwise arising under Our Terms of Business, to another other person, firm or company if we first agree to it in writing. Neither you nor we can transfer obligations arising under Our Terms of Business without the other’s written permission.
6. GOVERNING LAW, THIRD PARTY RIGHT AND ENFORCEMENT OF RIGHTS (Consumer, Trader, Online, In store)
   1. English law governs Our Terms of Business. The courts of England and Wales have exclusive jurisdiction over any dispute, difference or claim arising out of or in connection with Our Terms of Business, including the subject matter or formation of any Purchase Contract.
   2. You can only bring legal proceedings against us in the courts of England and Wales (unless you are a Consumer).
   3. Our Terms and Business and any Purchase Contracts made under them are between you and us. No one else is intended to have any rights under Our Terms and Business or any Purchase Contract, whether under the Contracts (Rights of Third Parties) Act 1999 or other applicable principles of law having a similar effect.
   4. Each paragraph and sub-paragraph of Our Terms of Business operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
   5. If we fail to insist that you perform any of your obligations under any Purchase Contract or otherwise arising under Our Terms of Business, or do not enforce our rights against you or delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. We will only waive our rights in writing and if we do, that will not mean that we will waive any other rights not expressly waived by us.
7. GOVERNING LAW – ADDITIONAL RIGHTS FOR CONSUMERS (Consumer, Online, In store)
   1. Consumers may also bring legal proceedings against us:
      1. if resident in Northern Ireland, in the courts of Northern Ireland;
      2. if resident in Scotland, in the courts of Scotland.
8. LIABILITIES – GENERAL (Consumer, Trader, Online, In store)
   1. Nothing in Our Terms of Business limits or excludes our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
      4. defective products under the Consumer Protection Act 1987.
9. LIABILITIES – CONSUMERS ONLY (Consumer, Online, In store)
   1. For Consumers, in addition to paragraph 28:
      1. nothing in Our Terms of Business limits or excludes our liability for breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      2. If we fail to comply with Our Terms of Business, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of Our Terms of Business or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if you and we contemplated it at the time we entered into this Purchase Contract.
10. LIABILITIES – TRADERS ONLY (Trader, Online, In store)
    1.  
       1. For Traders, we will not be liable to you on any basis (whether in contract, tort (including negligence), breach of statutory duty, or otherwise), including under or in connection with any Purchase Contract, for:
          1. any loss of profits, sales, business, or revenue;
          2. loss or corruption of data, information or software;
          3. loss of opportunity;
          4. loss of anticipated savings;
          5. loss of goodwill;
          6. distress or inconvenience; or
          7. any indirect or consequential loss;

whether or not the possibility of the same occurring was brought to your attention, or foreseeable.

Except as expressly stated in Our Terms of Business, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into Our Terms of Business by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes

1. Without prejudice to paragraph 28, our total liability to you on any basis (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) in connection with Our Terms of Business, including under or in connection with any Purchase Contract, shall in no circumstances exceed:
   1. under or in connection with a Purchase Contract, the total amount paid for products and services under the Purchase Contract; and otherwise, then in connection with a Purchase Contract;
   2. £1,000 per event, circumstance or series of connected events or circumstances giving rise to liability.