Terms and Conditions of Sale

These Terms and Conditions of Sale apply to sales of tiles and other goods by Appleton Brooks Limited (“we”, “us”, “our”) to you (“the Customer”). They apply alongside any quotation, pro forma invoice, order acknowledgement or other written terms we issue for an order. If a specific term has been agreed with you in writing for a particular order, that specific term will take priority where it conflicts with these Terms and Conditions of Sale.

If you are a consumer, nothing in these terms affects any statutory rights that cannot lawfully be excluded or limited.

1. About us

Appleton Brooks Limited is registered in England and Wales under company number 14542994. Our VAT number is 432585002. Our registered office is 7-8 Portmill Lane, Hitchin, Hertfordshire SG5 1DJ. The registered office is not a showroom, collection point or returns depot.

2. Orders and contract formation

Our website is principally for product discovery, samples and enquiries. Tile orders are normally arranged directly with the Appleton Brooks team by email, telephone or other agreed communication.

A quotation, estimate or pro forma invoice does not by itself mean that we have accepted an order. Your request to proceed constitutes an offer to buy the goods described. A binding contract is formed when we send you an order acknowledgement, order confirmation or otherwise confirm in writing that we have accepted your order.

Please check all order documents carefully, including the product name, colour, shade, size, finish, quantity, price, VAT, delivery address and any project-specific requirements. You should tell us promptly if anything is incorrect.

Once an order has been accepted, changes or cancellations are subject to clause 7 below.

3. Products, samples and variation

We take reasonable care to describe and illustrate products accurately. However, colours shown on screens, printed material and photographs may not exactly reproduce the appearance of the goods.

Tiles and other surface materials can show variation in shade, tone, pattern, calibre and texture. Samples are intended to give a representative indication only. Where products are ordered at different times, we cannot guarantee that later orders will be from the same production batch or will match an earlier supply exactly.

Goods may be supplied in manufacturer pack, box or minimum-order quantities. The applicable quantity and packaging will be shown or confirmed in the quotation, pro forma invoice or order acknowledgement.

Unless we have expressly agreed otherwise in writing, responsibility for checking the quantity required, including any allowance for wastage, cuts, breakages or future repairs, remains with the Customer.

Availability is subject to stock and manufacturer supply. We do not guarantee availability until an order has been accepted.

4. Prices, VAT and payment

The price payable will be the price stated in our accepted quotation, pro forma invoice or order confirmation. VAT, delivery charges and any other agreed charges will be shown separately where applicable.

Prices and availability may change before an order is accepted. If an obvious pricing or clerical error is identified before acceptance, we may correct it and ask you to confirm whether you still wish to proceed.

Unless we have agreed credit terms with you in writing, payment in full is required before we place, release or dispatch your order. Where credit terms have been agreed, those terms will apply instead.

Ownership of the goods will not pass to you until we have received payment in full for the goods and any associated sums due under the order.

5. Delivery

Delivery arrangements, charges and estimated lead times will be stated in the quotation, pro forma invoice, order acknowledgement or other written communication relating to your order.

Any lead time or delivery date we give is an estimate unless we expressly confirm in writing that it is guaranteed. Lead times can be affected by manufacturer availability, production schedules, transport, customs, carrier delays and other circumstances outside our direct control.

Unless otherwise agreed, standard deliveries are kerbside. You are responsible for ensuring that the delivery address is accessible to the delivery vehicle and that an appropriate person is available to receive and, where necessary, safely offload the goods.

If a delivery cannot be completed because access is unsuitable, nobody is available to receive the goods or the delivery cannot otherwise be accepted as arranged, additional storage, redelivery or carrier charges may apply. We will tell you about any such charges where they arise.

Delivery will be treated as complete, and risk in the goods will pass to you, when the goods have been delivered to the address or other location agreed for the order.

6. Checking goods, damage, faults and shortages

Please inspect the goods as soon as reasonably possible after delivery. Where practical, visible damage or shortage should be noted when the delivery is received.

If goods are damaged in transit, faulty, incorrectly supplied or do not match the agreed description, please contact us promptly at sales@appletonbrooks.com with details and, where helpful, photographs. For business and trade deliveries, we ask that obvious transit damage or shortages are reported within 24 hours where reasonably possible so that we can raise the matter with the carrier. This request does not affect any statutory rights that apply to consumers.

Please do not install goods that you know are damaged or incorrect without first contacting us. Installation may make it harder to establish the nature or cause of an issue.

Please obtain return instructions before sending any goods back to us. Our registered office is not a designated returns depot.

7. Changes, cancellations and returns

If you need to change or cancel an order, please contact us in writing as soon as possible. Whether a change or cancellation can be accepted will depend on the status of the order, commitments already made to a manufacturer or supplier, and the nature of the goods.

Once an order has been accepted, business and trade customers do not have an automatic right to cancel simply because they have changed their mind. If we agree to a change, cancellation or return, we may require reimbursement of reasonable costs that we have already incurred, where permitted by law. Any applicable conditions will be confirmed in writing.

Where goods have been ordered specifically for you, made to specification or otherwise fall within a legal exception to cancellation rights, we will explain the relevant position where appropriate.

If you are a consumer, any cancellation, return, refund or other statutory rights that apply to you remain unaffected by these terms.

8. Trade, professional and project orders

For trade, professional, developer and project customers, a quotation, order acknowledgement or other written agreement may contain additional terms covering matters such as staged supply, project pricing, storage, delivery arrangements, credit terms or other project-specific requirements. Where agreed in writing, those terms form part of the contract and will take priority over these general terms to the extent of any inconsistency.

9. Our liability

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot legally be excluded or restricted.

Subject to the paragraph above, we are responsible for loss or damage that is a reasonably foreseeable result of our breach of contract or negligence.

If you are acting in the course of a business, we will not, to the fullest extent permitted by law, be liable for loss of profit, loss of business, loss of revenue, loss of anticipated savings, loss of goodwill, business interruption or any indirect or consequential loss.

Nothing in these terms affects the legal rights of a consumer.

10. Events outside our control

We will not be responsible for delay or failure to perform our obligations where this results from events beyond our reasonable control. This may include, for example, manufacturer or supplier failure, transport disruption, industrial action, shortages, severe weather, fire, flood, epidemic or pandemic, war, civil disturbance, governmental action or other similar events.

11. Personal information

We will use personal information in accordance with our Privacy Policy.

12. General terms

We may transfer our rights or obligations under a contract to another organisation where this does not reduce your rights. You may only transfer your rights or obligations under a contract with our written consent, unless the law gives you a right to do so.

The contract is between you and us. No other person has any right to enforce its terms, except where the law provides otherwise.

If any provision of these terms is found to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.

If we do not immediately enforce a right or remedy, that does not mean that we have waived it.

13. Governing law and jurisdiction

These terms and any contract between you and us are governed by the laws of England and Wales.

If you are a business customer, the courts of England and Wales will have exclusive jurisdiction over disputes arising from the contract. If you are a consumer, any mandatory rights relating to the law and courts that apply to you are unaffected.

14. Contact

Appleton Brooks Limited
Registered in England and Wales · Company no. 14542994 · VAT no. 432585002
Registered office: 7-8 Portmill Lane, Hitchin, Hertfordshire SG5 1DJ
Email: sales@appletonbrooks.com
Telephone: 01780 769166