Terms and Conditions
This page outlines the terms and conditions governing the supply of any products listed on our website to you. While our terms and conditions are fairly standard, we strongly recommend that all our customers carefully review them before making any purchases from us.
These terms and conditions provide important information about our identity, the manner in which we will deliver products (“Goods”) to you, the procedures for ending the contract between us for the sale of products to you (“Agreement”), and other significant details.
It’s important to acknowledge that placing an order for any product through our website signifies your agreement to abide by these terms and conditions. We suggest printing a copy of these terms for your records.
Should you require any clarifications or have additional questions, please don’t hesitate to reach out to us. We’re here to assist.
Definitions
The following terms and conditions apply to all transactions, and placing an order will be considered an acceptance of these terms and conditions. Porcelain Tiles Ltd, may be referred to as “we,” “us,” “our,” “The Company,” “Seller,” or “Emporio Surfaces” within this document and web site. These terms and conditions may also use the terms “Customer” or “Buyer,” which refer to “you.”
- “Agreement” refers to the arrangement in which you agree to purchase, and we agree to sell, the Goods.
- “Buyer” and “Customer” denote the individual who accepts a quotation from the Seller for Goods or agrees to purchase Goods from the Seller.
- “Business Sales” encompass transactions with trades, professions, or professional bodies.
- “Consumer Sales” cover sales to individuals buying for purposes other than their normal business.
- “Delivery Address” signifies the address where we commit to delivering the Goods.
- “Delivery Date” represents the agreed-upon date for delivering the Goods to the Delivery Address.
- “Goods” pertain to the Tiles, Slabs and other products the Buyer commits to purchasing from the Seller.
- “Stock Items” refer to products designated as standard and available on our website as in-stock items.
- “Order” and “Contract” imply the Order or Contract for purchasing and selling Goods between the Buyer and the Seller.
- “Price” stands for the cost of the Goods, excluding applicable charges for carriage, packaging, insurance, and Value Added Tax.
- “Total Price” encompasses the Goods’ price and any inclusive delivery costs, including VAT.
- “In writing” denotes communication through postal letters, emails, facsimiles, and similar means of communication.
- The headings within these Conditions are for convenience only and do not impact their interpretation.
1. About Us
1.1 www.emporiosurfaces.com is a website owned and managed by Porcelain Tiles Ltd. We are a registered company in England and Wales with the company number 05517223.
Registered Office: Unit One, 1055 Finchley Road, London NW11 7ES, United Kingdom.
VAT Number: GB 867655568
2. Use of Our Website
2.1 Our website is intended for use by UK residents and solely serves the purpose of promoting our products within the UK.
2.2 Your utilisation of our site is regulated by the terms and conditions presented herein. The Company may revise and update these terms and conditions at any time without prior notification.
2.3 By initiating an order through our website, you affirm the following:
- You are at least 18 years old.
- You are a resident of the UK.
- You possess the legal capacity to enter into a binding contract.
2.4 Copyright
All designs and imagery featured on the Internet site, promotional leaflets, advertisements, and publications are protected by copyright held by The Company. Reproduction of any such materials is permissible only with the explicit written consent of Emporio Surfaces.
You are prohibited from establishing a hyperlink to this website from another website or document without prior written authorisation from The Company.
The website comprises materials owned by or licensed to The Company. This encompasses design, layout, appearance, graphics, and more. Reproduction is strictly prohibited, except as permitted by the copyright notice, which is an integral part of these terms and conditions.
3. Sample Ordering – Description and Samples
3.1 We highly recommend the practice of ordering tile samples before making a purchase, as this provides insight into the look, feel, and finish of our products. All our products offer the option to order samples online, though certain exclusions may apply.
3.2 Descriptions, images, and samples of goods are intended to offer an approximate representation of the products. Online images and descriptions serve to illustrate the potential use of the seller’s products. However, please be aware that printed materials and computer displays may not accurately portray colors, textures, or finishes. To aid in decision-making, the seller advises the procurement of samples.
3.3 Tiles can vary in shade and size from batch to batch and so a sample may not be 100% indicative of the final product. Please ensure you are entirely happy with the Products as any claims once Products have been fixed will not be considered.
3.4 Samples are provided in good faith, and the cost of samples cannot be reimbursed.
3.5 Customers are welcome to order a single sample tile of any style, colour, or type, but multiple samples of the same product cannot be added. Different styles, types, and colours may be ordered.
3.6 For the delivery of samples and small orders, we employ appointed carriers who may furnish delivery information directly to you through SMS text messaging. When placing your order, we encourage you to provide a mobile telephone number whenever possible. This enhances the quality of service our delivery partners can extend to you.
4. Pricing
4.1 The Company’s catalogues, price list, website, and other advertising materials are not considered part of any contract between the Buyer and the Company.
4.2 Information or descriptions of goods found in the Seller’s catalogues, brochures, and other publications are believed to be accurate and current. However, these descriptions are not warranted by the Seller. The Seller accepts no responsibility for the accuracy of such information, as it is often compiled from data provided by manufacturers or suppliers.
4.3 While we strive to maintain accurate pricing on our website, errors may occur. If we identify an error in the price of goods you’ve ordered, we’ll promptly notify you. You’ll have the option to confirm the order at the correct price or cancel it. If we can’t reach you, we’ll consider the order cancelled. If the Company cancels the order for standard stock items and you’ve already paid, a full refund will be issued.
4.4 Prices are subject to change without prior notice and are not binding on the Seller.
5. Ordering
5.1 You can place an order for Products by following the process outlined on our site. Please ensure your contact details, including phone and email address, are accurate so we can contact you if needed.
5.2 Our order process allows you to review and correct any errors before submitting the order to us. Ensure you order sufficient Products to complete your project, including allowances for damages, wastage, and cuts. Any additional Products required may incur additional delivery charges.
5.3 Upon placing an order, you’ll receive an email confirmation from us, signifying acceptance. The Contract between you and us will be established upon sending this email.
5.4 If we’re unable to supply a Product, due to factors such as unavailability or inability to meet your delivery date, we’ll inform you via email or phone. If you’ve already paid, a full refund will be provided.
5.5 To amend or cancel an order, contact us within two hours of placing it. Once dispatched, we can’t halt an order, and any amendments or cancellations may incur additional charges.
5.6 Each Contract between the Seller and the Buyer comprises the Order, the Terms and Conditions, and any additional specific terms agreed upon in writing.
5.7 The Company accepts major credit and debit card payments via the website, processed through accredited 3rd party payment gateway services (e.g. Stripe, PayPal, etc.). The Company holds no responsibility for non-authorisation of online payments or ensuing delivery delays.
5.8 Ensuring accurate measurements is of paramount importance. An order should consistently incorporate an additional 10% to account for potential wastage due to cutting, minor imperfections inherent to the type of stone and finish selected, and possible breakage. Insufficient ordering may lead to discrepancies as subsequent Goods (being naturally occurring) may not precisely match the original Goods.
5.9 While we can provide quantity estimates for Goods, these will be based on general guidelines and the measurements you’ve provided. It is your responsibility to supply precise measurements to guarantee the proper quantities of Goods are ordered. Seeking professional advice is recommended, especially as variations in surfaces and angles can impact the quantities needed. We assume no responsibility for shortages or excesses.
5.10 When not acting as a consumer, you confirm that your involvement in this Agreement is not based on, or reliant upon, any representation we’ve made that is not expressly included in this written Agreement and signed by both parties.
5.11 Since we have not conducted a survey or inspection of the Goods’ installation site, we cannot warrant the suitability of the Goods for that or any specific environment. When not acting as a consumer, any implied or express representation, advice, or information from us that is not part of the Agreement and signed by both parties cannot be relied upon.
5.12 We cannot be held liable for circumstances beyond our control, such as source shortfalls, natural disasters, or restraints affecting suppliers or transportation. We will make every effort to promptly notify you should these situations arise.
5.13 In Business Sales cases, you confirm that these terms constitute the sole agreement between us. Any terms you propose to purchase, including those on your purchase order, confirmation of order, or similar documents, do not apply to this agreement between us.
5.14 Authorisation routines require that the used debit or credit card is registered to the Buyer. In case of credit authorisation failure, additional measures may be taken to confirm the Buyer’s authenticity. The Company assumes no liability for delays or costs resulting from the credit authorisation process.
5.15 If Payments are declined or queried by the appointed and accredited 3rd party payment gateway service, the Company reserve the sole right to employ additional checking measures in order to confirm or qualify the authenticity of the Buyer. The Company cannot accept any liability for any delay, or cost incurred by the Buyer because of a delay in the credit authorisation process.
5.16 In the event that the express terms of a contract conflict with any Conditions, the Conditions shall take precedence.
5.17 As the number of tiles per square meter is nominal, the Buyer is responsible for ensuring an adequate quantity of tiles is ordered.
5.18 Payment for goods indicates acceptance of and agreement to these general Terms and Conditions.
5.19 Orders and delivery commitments are subject to the Company’s ability to secure the necessary materials or goods. Delays due to manufacturing risks, strikes, accidents, or other uncontrollable factors are not the responsibility of the Company.
5.20 The Company retains the right not to supply the Buyer at its sole discretion.
6. Warranty
6.1 The supply of goods does not imply suitability for a specific installation. The Company’s responsibility for product failure is contingent on the extent to which the manufacturer provides a guarantee for the products. Tiles and slabs are not guaranteed against crazing. Impact damage is possible for all tiles and slabs, irrespective of their wearing grade. Tiles and slabs can experience wear and need protection from grit, appliance movement, and items dropped on the surface. No tiles are guaranteed against chipping or misuse.
6.2 Variations in size, shape, manufacturing tolerance, shading, and pattern are inherent in tile manufacturing. As a result, the Seller bears no liability. All tiles and slabs are subject to natural colour and shade variations. Tile/Slab names, images, and sizes displayed are nominal and serve as a guide to the actual style, colour, and size of a tile/slab. Differences in texture, shade, and size can deviate from what is advertised. The appearance of colour can also be exaggerated by individual monitor settings. The Company recommends purchasing a sample before the main order. It’s the Buyer’s responsibility to ensure tiles/slabs have an acceptable shade and size and are satisfactory before installation.
6.3 It falls to the Tiler or Tradesperson to utilise goods from various separate boxes whenever possible to minimise batch, colour, shading, and quality variances.
6.4 Disclaimers or notes printed on boxes or packaging must be read and accepted by the Buyer before use or installation.
6.5 Any claims by the Buyer based on defects in the quality or condition of the Goods, or their non-conformance with specifications, must be reported to the Seller in writing within two working days from delivery, regardless of whether the delivery is refused by the Buyer. If the delivery is rejected, and the Buyer fails to notify the Seller, the Seller will not be liable for the defect or failure, and the Buyer will be obligated to pay the price as if the Goods were delivered in accordance with the Contract.
6.6 The Company assumes no liability for faulty installation work or the quality or correctness of the tiles post-delivery acceptance. To the extent permitted by law, liability is limited to replacing faulty items or refunding their cost, excluding consequential loss, including removal and retiling expenses.
7. Delivery and Collection
7.1 The Company cannot, under any circumstances, entertain financial claims from the Buyer for late delivery, incorrect goods supply, or inaccurate delivery. The Company respectfully advises against booking a Tiler or Tradesman for tile installation until the goods have been received at the intended location, signed for, and quality checked. The risk concerning the goods transfers to the Buyer upon physical delivery at the specified time.
7.2 The transportation and carriage of goods by customers or their contracted parties is entirely at their own risk. The Company holds no liability whatsoever for damage, loss, or inconvenience arising from goods transport or carriage arranged by the customer.
7.3 You may collect your Goods from our Chatteris warehouse, but this must be arranged in advance. Additionally, please ensure that the vehicle you use for collection is suitable for fork-lift loading, unless alternative arrangements have been agreed upon in writing. Please note that if you organise transportation for the Goods, it is done so at your own risk, and we will not entertain claims for damage or breakages.
7.4 Changes in your order might affect the delivery date; this is confirmed upon amending an order.
7.5 In cases where one or more items are out of stock, The Company will notify the customer and provide an estimated delivery date.
7.6. Time is not of the essence. The Company shall not be liable to the Buyer or considered in breach of the Contract due to any delay or failure attributed to causes beyond the Company’s reasonable control. Such causes include but are not limited to: Acts of God, Explosions, Floods, Snow, Tempest, Adverse Weather conditions, Fires or Accidents, Traffic delays/Road works, Wars or threats 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.
7.7 The Company offers various standard and special delivery services with our transport and third-party contractors. Due to Health and Safety and Insurance considerations, we provide a Kerbside Delivery Service* only. Drivers are not guaranteed to enter a customer’s property. While every effort is made to align deliveries with desired or committed services, the Company is not liable for any delay, cost, or consequential loss arising from failed or delayed deliveries. Our general Delivery Service and those of our delivery Partners (unless communicated otherwise) may involve deliveries between 8 am to 6 pm, excluding weekends and public holidays.
*”Kerbside Delivery Service”: The Kerbside Delivery Service aims to bring your product as close as possible to the nearest available solid delivery point. However, certain obstacles such as steps, lifts, uneven or gravel paths/driveways, and grass surfaces might require the delivery to be redirected to the nearest feasible location in proximity to the delivery vehicle.
7.8 The Company reserves the right to utilise various transportation services for delivery. Efforts will be made to deliver to the desired point, but if not practical, delivery will be made to an alternative location specified by the Customer or the nearest available location.
7.9 Our vehicles for deliveries are 18-tonne rigid bodies with tail lifts. It is the Buyer’s responsibility to inform the Company of any circumstances affecting delivery using a vehicle of this size, such as parking restrictions, “red routes,” restricted vehicular access, road works, uneven driveways, building sites, high-rise apartments (with or without lifts), etc. Failure to provide this information prior to delivery will incur additional redelivery costs and longer lead times.
7.10 If a smaller or specialist vehicle is required due to Buyer notification, the Company reserves the right to charge the Buyer for the additional costs involved.
7.11 The Company expects the Buyer or their representative to be present for signing the goods upon delivery. If, for any reason, delivery cannot be made due to absence, the Company reserves the right to pass on any re-delivery costs incurred before another delivery is attempted. Due to Insurance and Health and Safety regulations, neither Company staff nor delivery representatives can enter a customer’s property. If goods are left without customer presence and consent, the Company assumes no responsibility for incorrect delivery, damage, or loss. Delivery will be recorded as fully accepted.
7.12 Before fixing, the Buyer must verify that the supplied goods are in accordance with the original order. The Customer should inspect all items thoroughly upon unpacking. If there are queries related to supply, damage, shading, or other faults, contact our Customer Service Team at 020 3696 0588 or email enquiry@empriosurfaces.com. If a part order is delivered with a balance pending, it is strongly advised not to install any tiles until the order is complete. The Company has no control over manufacturer delivery times, shades, nominal sizing, or discontinuations.
7.13 The Company must be informed via email, facsimile, or writing within two working days of delivery regarding any claims by the Buyer about shortages or damage to goods in transit. Failure to communicate problems may lead to additional redelivery costs and longer lead times. In case of damages reported, images and a completed claims form will be requested.
Claims related to shortages, damage, and incorrect deliveries reported within 2 working days of receipt will be rectified within 7 further working days wherever possible. This is subject to availability, transportation, and if outside the standard 10% waste allowance recommended by the industry for minor imperfections and handling/manufacturing damage. Subsequent remedial action will be solely at the Company’s discretion, and redelivery charges may apply. A signed POD stating the damage will be required.
8. Risk and Ownership
8.1 Ownership of the Products will transfer to you upon our receipt of full payment for all amounts owed concerning the Products, encompassing any associated delivery charges.
8.2 Responsibility for the Products will transfer to you from the moment you, or a third party other than the carrier, physically take possession of the Products. In the case of standard pallet deliveries, it is the customer’s responsibility to handle the disposal of delivery packaging materials, such as pallets.
8.3 It is important not to make any arrangements for installing the Products until they have been delivered, thoroughly checked, signed for, and you have assumed responsibility for them.
9. Your Consumer Rights
9.1 This section exclusively pertains to individuals who make purchases from us (Consumer Sales). It does not extend to business customers (Business Sales) or individuals who acquire products for business or commercial purposes.
9.2 You possess a legal entitlement to cancel a Contract between you and us within 14 days following the delivery of your Products. If you exercise this right, you will be entitled to a full refund in accordance with our returns policy below. Please be aware that the right to change your mind does not apply to bespoke Products that you procure from us (i.e., Products not listed on our website).
9.3 To cancel your order (Contract) with us, you must communicate your decision to us in writing by way of an email. We recommend sending an email to enquiry@emporiosurfaces.com. The Products must maintain the same condition as when received, which means they should be in perfect, resalable condition, undamaged, and in their original, unopened packaging. You have a legal obligation to ensure the Products are well-maintained during your possession.
9.4 This cancellation right does not apply to Products that have been opened, except in the case of a fault.
9.5 Unless the Products are faulty, you are responsible for the cost of returning the Products to us. If we propose to collect the Product from you, we will levy the associated collection cost and deduct it from any subsequent refund provided.
10. Refunds and Returns
10.1 We hope you’ll be satisfied with your purchases from us. However, if you wish to return Products, you can exercise your legal right to cancel as specified in clause 9.2 above.
10.2 In the event that you receive damaged or incorrect tiles, it is essential to notify us within 2 working days of the delivery. A Company representative will respond to your notification within two working days to engage in a discussion regarding potential refunds and/or to schedule the earliest possible delivery date for any replacement orders (contingent on stock availability at that time).
10.3 To initiate the cancellation of the Contract between you and us, you must notify us of your intent within 14 days following the delivery of your Products. The cancellation period will conclude 14 days from the day you received the goods. Please communicate your decision in writing or through email at enquiry@emporiosurfaces.com.
10.4 Returns can only be accepted for your entire, unopened order of Products. We cannot accommodate returns for partial orders or unwanted packs.
10.5 When opening and repacking Products for return, please exercise care with the original packaging. We can only provide refunds for undamaged products that are in a resalable condition and within their original, unopened packaging.
10.6 We will reimburse you for all payments received, including the original delivery cost. Please note that you’ll be responsible for the cost of returning the Products to us.
10.7 Refunds will be processed after the Products have been received and inspected in our warehouse. We endeavour to complete all reimbursements within 7 working days from the receipt of Products in our warehouse. Refunds will be issued via the original payment method.
10.8 Ensuring the Products are securely pallet-wrapped and ready for collection on the agreed date is your responsibility.
10.9 Should you wish for the Company to organise the collection of the Goods, a charge may apply. It is advisable to verify this charge prior to making a collection request. When loading returns onto your selected transport company’s vehicle, it’s recommended to take photographs of the goods before loading and to have the driver acknowledge the condition of the goods. It is important to understand that any damage occurring during transit by the transport company will constitute a contractual matter between you and the transport company directly. We will not assume any responsibility for resultant loss or damage in such cases.
10.10 All returns must be made within 14 days without exception. Instances of shortages, damages, and incorrect deliveries need to be communicated to Emporio Surfaces within two working days of receipt. Whenever feasible, these issues will be addressed within an additional five working days, contingent upon availability. Providing a copy of a signed Proof of Delivery (POD) is required for these cases.
11. Limitation of Liability
Business Sales
11.1 Our liability to you in relation to this Agreement or the Goods is contingent upon your notifying us of any proven shortfall, damage, or defect in the Goods within 48 hours following delivery or collection (as applicable). We retain the right to request supporting evidence, such as photographic documentation of the damage or defect. Should you provide such notification, our sole obligation to you will be (at our discretion):
- 11.1.1 Rectifying any shortfall or non-delivery; or
- 11.1.2 Replacing or repairing any Goods that are damaged or defective.
11.2 We will not be held liable to you for loss of profits, loss of business, goodwill depletion, or any indirect or consequential losses or compensations of a consequential nature. Our total liability to you (whether under contract, tort, statute, or otherwise) shall not exceed the Price.
11.3 In cases where Goods are returned to us for reasons not outlined in clause 11.1, we reserve the right to impose a restocking and collection charge.
Consumer Sales
11.4 We will be held liable for your losses arising from shortfalls, defects, or damages in Goods that we provide to the extent that these losses are reasonably foreseeable. However, we shall not be held liable to you for lost working time or third-party contractor costs if the Goods are not installed correctly by you (or your contractor), or if the appropriate base, sealants, or installation techniques are not used, or if the installation environment is unsuitable.
11.5 Please be aware that we may occasionally provide you with extra tiles, including damaged ones, free of charge as part of your order. Therefore, our liability to you will only apply if we have not supplied you with the specified quantity of Goods in a non-defective and undamaged state.
11.6 This Agreement does not intend to limit any consumer rights granted by statute, nor does it intend to restrict our liability to you concerning death or personal injury arising from our negligence, fraud, or fraudulent misrepresentation in relation to untrue or misleading statements.
12. Health and Safety
The Company is committed to adhering to the relevant UK laws, including health and safety at work and Environmental Protection acts, at all times.
It is strongly advised that appropriate precautions are taken off-site, as many of our products are heavy.
Please note that gloves, goggles, and other suitable safety clothing must be worn when handling products supplied by The Company.
Customers are directed to health and safety guidelines related to our goods. Once the goods have been delivered to the customer, The Company holds no liability.
13. Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of England, and they shall be subject only to the jurisdiction of English Courts. If any provision in these terms is found invalid by any court, the validity of other provisions will not be affected. The remaining provisions will remain in force. The failure of either party to exercise any right or remedy under these terms does not waive that right or remedy. Headings in these terms are for convenience only and do not have legal significance.
All designs and imagery used on the Internet site, publicity leaflets, advertising, and publications are copyright of Porcelain Tiles Ltd (Emporio Surfaces), and any reproduction must be done with the express written permission of the Company.
Creating a link to this website from another website or document requires The Company’s prior written consent.
The website’s material is either owned by us or licensed to us. Reproduction is prohibited, except in accordance with the copyright notice, which is part of these terms and conditions.
14. Third Parties
This Agreement is not intended to and does not confer any right for third parties to enforce any of its provisions.