Bargain Tiles Assistant
Products, samples & tile help
Last updated: 27 June 2026
Welcome to Bargain Tiles Ltd (âBargain Tilesâ). In these terms, we also refer to Bargain Tiles as âourâ, âweâ, or âusâ. In these terms, references to âyouâ and âyourâ mean the person who uses the Website and/or purchases Products from us. If you place an order on behalf of a business or another person, you confirm that you have authority to accept these terms on their behalf. What are these terms about? These terms apply when you use this website, being www.bargain-tiles.co.uk and any other websites we operate with the same domain name and a different extension (âWebsiteâ). These terms also apply when you purchase goods through this Website, in-person, by phone, email or other distance method or place a click-and-collect order (âProductsâ). Our Privacy Policy, which explains how we collect, use and protect personal data can be found here Privacy Policy. How do I read these terms? We separated these terms into three parts, so they are easy to read and understand. Those parts are: Part A: Terms for when you buy Products (applies when you buy) Part B: Terms for when you browse and interact with this Website (applies when you browse) Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing) Please let us know if you have any questions about these terms, and donât continue using this Website or purchase any Products unless you have read and agree to these terms. Iâve returned to your Website, do I need to read these terms again? Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that, for most goods bought online, by phone, by email or otherwise at a distance, you have the right to change your mind and cancel your contract within 14 days after the day you (or a person identified by you, other than the carrier) receive the goods. Please note this does not include contracts for goods that are made to your specifications or are clearly personalised. If your order is split into multiple deliveries, the cancellation period will usually end 14 days after the day the last item is received. If you cancel within that period, you must send the goods back to us without undue delay and, in any event, no later than 14 days after the day you tell us that you want to cancel. Unless we expressly state otherwise, you will have to bear the direct cost of returning the goods to us if you cancel for change of mind. If you validly cancel, we will reimburse the price paid for the goods and the basic delivery costs you paid for the order, subject to any lawful deduction for any reduction in value of the goods caused by handling them more than is necessary to establish their nature, characteristics and functioning. This statutory right to cancel applies to distance and other qualifying consumer contracts only. It does not generally apply to goods bought in person at our premises unless we expressly say otherwise. The Consumer Rights Act 2015 requires that all goods we supply are as described, fit for purpose and of satisfactory quality. Nothing in these terms affects your statutory rights in relation to faulty, unsafe, misdescribed or otherwise non-conforming goods. During the expected lifespan of your Product, if the Consumer Rights Act 2015 applies to you, you may be entitled to the following remedies: up to 30 days: if your goods are faulty, you may be entitled to reject them and receive a refund; after 30 days and within the first 6 months: if your goods are faulty, you will usually be entitled to a repair or replacement first, and if that is not possible or is unsuccessful, you may be entitled to a refund or price reduction; and for up to 6 years in England and Wales: you may be able to bring a claim if the goods do not last a reasonable length of time, although the remedy will depend on the circumstances. This is a summary of some of your key rights. For more detailed information, please visit the Citizens Advice website or contact your local Trading Standards service. The information above summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully. If you have any questions about this contract or any order you have placed, please contact us at: sales@bargain-tiles.co.uk
When you place an order through the Website, you are making an offer to buy the goods selected by you on these terms. Your order is not accepted, and no binding contract is formed, unless and until we accept your order. We may accept your order by: sending you an email expressly confirming acceptance of your order; sending you an email confirming that the goods have been dispatched; or where your order is for collection, sending you an email confirming that the goods are ready for collection, whichever occurs first. Any automated acknowledgement of your order or confirmation that payment has been authorised does not itself mean that we have accepted your order. We may refuse or cancel any order before acceptance for any lawful reason, including where: the goods are unavailable; there is an error in the price, description or listing of the goods; we are unable to obtain payment authorisation; there are delivery restrictions affecting your order; we reasonably suspect fraud, misuse or other unlawful activity; or we reasonably believe that we cannot fulfil the order in accordance with these terms.
If you place an order online for collection from our unit or other nominated collection point, your order will still be treated as an online order and clause 1.1 will apply. Where we accept a click-and-collect order, a binding contract is formed when we send you confirmation in accordance with clause 1.1(b), not when you later collect the goods. You must collect the goods in accordance with the collection instructions we send to you. We may require proof of identity, proof of order, or both before releasing the goods.
If you purchase goods in person at our unit or other business premises and do not place the order through the Website first, the contract is formed when we accept your payment and complete the sale, unless we tell you otherwise at the time. In-person purchases made at our business premises are not generally subject to the statutory cancellation rights that apply to qualifying distance contracts, unless we expressly state otherwise.
Before you place an online order, the Website will set out the main characteristics of the goods, the total price payable, any delivery charges, any delivery restrictions that apply, and the payment methods we accept. When placing an order through the Website, you must follow the on-screen prompts. The final step of the checkout process will make clear that placing the order creates an obligation to pay.
If we accept your online order, we will provide you with confirmation of the contract and the key information relating to your order by email or another durable medium. Where required by law, that confirmation will be provided no later than delivery of the goods unless the relevant information has already been given to you on a durable medium before the contract is made.
By placing an order, you confirm that: you are legally capable of entering into a binding contract; the information you provide to us is accurate and complete; and where you pay by card or another electronic payment method, you are authorised to use that payment method.
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these terms. If you cannot access this information for any reason, you are welcome to contact us using the functionality on the website, or at the contact email address above, and we will provide you with a copy of this information. The key information we give you by law forms part of this contract (as though it is set out in full here). If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
The goods supplied by us are the goods described in the relevant product listing on the Website, any specification set out on the Website or otherwise provided to you before contract formation, and any user instructions, manuals or safety information supplied with the goods. We will use reasonable care to ensure that product descriptions, specifications, images and pricing information on the Website are accurate. However: images are for illustrative purposes only; colours, finishes and appearance may vary slightly from how they appear on your device or screen; measurements, weights and dimensions may be subject to minor tolerances; and packaging may vary from that shown on the Website, provided always that the goods will materially match their description. Some goods may require minor assembly, setup, inspection or adjustment by you after delivery. Where this applies, you must follow any assembly, setup, inspection, safety and maintenance instructions provided with the goods before use. Nothing in these terms affects your statutory rights. We are under a legal duty to supply goods that are in conformity with the contract. This means that the goods must be as described, fit for purpose and of satisfactory quality. Title to the goods will pass to you when we receive payment in full for those goods. Risk in the goods remains with us until the goods come into the physical possession of: you; or a person identified by you to take possession of the goods.
Nothing in these terms affects your statutory rights under the Consumer Rights Act 2015 or any other applicable consumer law. If any goods you purchase from us are faulty, damaged, unsafe, not as described, or not fit for their usual purpose or any purpose made known to us before the contract was made, please contact us as soon as reasonably possible using the contact details set out on our Website. Where goods do not conform to the contract, your statutory remedies may include, depending on the circumstances and timing of the issue: the right to reject the goods and receive a refund; the right to require us to repair or replace the goods; the right to a price reduction; or the final right to reject the goods and receive a refund. Where permitted by law, we may ask you to provide reasonable information about the fault or issue, including photographs, a description of the problem, or returning the goods to us for inspection, so that we can assess the appropriate remedy. If the goods are found to be faulty or otherwise not in conformity with the contract, we will provide the remedy required by law and, where applicable, arrange or reimburse the reasonable cost of returning the goods to us. Any manufacturer guarantee or warranty that applies to the goods is separate from, and additional to, your statutory rights. Your statutory rights are against us as the seller, and they are not replaced or limited by any manufacturer guarantee or warranty. Where the fault or issue relates to Products that have already been installed, fitted, fixed, cut, sealed, drilled, grouted, connected, plumbed in, wired, assembled or otherwise used, we may ask you to provide reasonable evidence of the issue and of the way the Products were installed or used, including photographs, installer comments or relevant installation information. This does not affect your statutory rights. Nothing in this clause requires us to provide a refund, repair, replacement or other remedy to the extent that any problem has been caused by fair wear and tear, accidental damage, misuse, neglect, failure to follow any assembly, safety, charging, care or maintenance instructions, unauthorised modification, or any use of the goods that is inconsistent with the product listing or accompanying instructions, except where doing so would be unlawful.
To help us investigate claims with our delivery partners, we ask that any visible damage, shortages or incorrect Products are reported to us within 48 hours of delivery or collection. Please provide your order number together with clear photographs of the Product, packaging and any visible damage where possible. Failure to notify us within this period may affect our ability to recover losses from the carrier. This does not affect your statutory rights under the Consumer Rights Act 2015 where the Products are faulty, not as described or otherwise not in conformity with the contract.
Some goods may be supplied with a manufacturer guarantee or warranty. Where a manufacturer guarantee or warranty applies, details of it may be included with the goods, on the relevant product listing or otherwise made available to you. Any manufacturer guarantee or warranty is separate from, and in addition to, your statutory rights against us as the seller. Nothing in these terms requires you to pursue a manufacturer instead of us where you have statutory rights against us under applicable consumer law.
Some Products may be described by us as special order products, supplier-order products, imported-order products, made-to-order products, back-order products or similar (Special Order Products). Special Order Products are Products that we do not usually hold in stock, or do not hold in the relevant quantity, colour, finish, size, batch or specification, and which we order from a manufacturer, supplier, distributor or other third party specifically in connection with your order. Before you place an order for a Special Order Product, we will use reasonable efforts to tell you that the Product is a Special Order Product and provide any relevant information about estimated availability, lead times, supplier requirements, cancellation restrictions or return restrictions. You acknowledge that Special Order Products may be subject to supplier availability, manufacturer lead times, import timescales, shipping delays, customs delays, minimum order quantities, supplier charges, and manufacturer or supplier changes outside our reasonable control.
Unless we expressly agree otherwise in writing, Special Order Products must be paid for in full before we place the relevant order with our supplier. Where we incur supplier, manufacturer, shipping, import, handling or other third-party costs in connection with a Special Order Product, you may be responsible for those costs if you later ask us to cancel or change the order and we are not able to cancel or change our corresponding order with the relevant supplier without cost.
Once we have accepted an order for a Special Order Product, we are not required to agree to any change or cancellation of that order unless: you have a statutory right to cancel; the Product is faulty, damaged, unsafe, misdescribed or otherwise not in conformity with the contract; or we agree to the change or cancellation in writing. If we agree to cancel or change an order for a Special Order Product where you do not have a statutory right to cancel, we may deduct or charge you our reasonable costs arising from that cancellation or change, including supplier charges, manufacturer charges, shipping costs, import costs, storage costs, restocking charges and other direct costs reasonably incurred by us. Nothing in this clause limits any statutory right you may have to cancel a qualifying distance contract, except where a statutory exception applies.
Some Products may be made to your specifications, custom-made, cut, altered, manufactured, ordered to a non-standard specification, or clearly personalised for you (Bespoke Products). Where a Product is a Bespoke Product, the statutory right to cancel for change of mind under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may not apply. We will use reasonable efforts to tell you before the contract is formed where we consider a Product to be a Bespoke Product and where cancellation rights may not apply.
Unless we expressly agree otherwise in writing, Special Order Products and Bespoke Products are excluded from any goodwill, voluntary or change-of-mind returns policy offered by us. This means that, where you do not have a statutory right to cancel and the Product is not faulty, damaged, unsafe, misdescribed or otherwise not in conformity with the contract, we are not required to accept the return of a Special Order Product or Bespoke Product merely because you have changed your mind, ordered the wrong Product, ordered too many Products, no longer need the Product, or your installer or adviser has changed their recommendation. Where we agree to accept the return of a Special Order Product or Bespoke Product as a goodwill return, we may apply a reasonable handling, collection, storage, restocking or supplier charge, which we will tell you before accepting the return.
Nothing in this clause affects your statutory rights in relation to faulty, damaged, unsafe, misdescribed or otherwise non-conforming goods.
Some Products may be imported, sourced from overseas manufacturers or suppliers, or ordered from third-party manufacturers, suppliers, distributors or wholesalers, including suppliers based outside the United Kingdom. Imported and supplier-sourced Products may be subject to availability, production times, supplier lead times, shipping times, customs processes, import procedures, minimum order quantities and other matters outside our reasonable control. Any lead time, delivery estimate or availability date we give you for imported or supplier-sourced Products is an estimate only, unless we expressly agree a specific delivery date with you in writing.
We will use reasonable efforts to keep you informed if we become aware of a material delay affecting your order. We are not responsible for delays caused by manufacturers, suppliers, shipping providers, customs authorities or other third parties where the delay is outside our reasonable control, but this does not affect any statutory rights you may have if the delay means we fail to deliver the Products within an agreed delivery period or within the period required by law. If a Product becomes unavailable, discontinued or materially delayed after we accept your order, we will contact you as soon as reasonably possible and may offer you: a revised estimated delivery date; a suitable alternative Product, where available; the option to cancel the affected part of your order and receive a refund for the affected Product; or any other remedy required by law.
Manufacturers and suppliers may update, discontinue or change Products, product ranges, packaging, specifications, finishes, dimensions, colours, components or availability from time to time. We will not knowingly supply a materially different Product from the Product you ordered unless: we have told you about the relevant difference before the contract is formed; or you agree to the change after the contract is formed. Minor changes to packaging, labelling, model codes or non-material specifications may occur, provided the Product materially matches its description and remains of satisfactory quality, fit for purpose and as described.
Where a supplier surcharge, shipping surcharge, import cost, customs charge or similar additional cost applies to a Product, we will tell you about that cost before we accept your order where we are aware of it. We will not require you to pay an additional supplier surcharge, import charge, shipping surcharge or similar cost after the contract is formed unless: we told you about the possibility and method of calculating that cost before the contract was formed and the charge is permitted by law; or you agree to the additional charge in writing. If an additional charge arises after the contract is formed and you do not agree to pay it, we may cancel the affected part of your order and refund any amount you have paid for the affected Product, unless we are required by law to provide a different remedy.
Nothing in this clause limits any statutory right you may have to cancel a qualifying distance contract. Nothing in this clause affects your statutory rights in relation to faulty, damaged, unsafe, misdescribed or otherwise non-conforming goods. Where a Product is a Special Order Product or Bespoke Product, any cancellation and return restrictions set out in the Special Orders and Bespoke Products clause will also apply, subject always to your statutory rights.
You acknowledge that tiles and related products may naturally vary in colour, shade, tone, texture, pattern, size, thickness, finish, calibre and appearance. Tiles are manufactured within applicable manufacturer and industry tolerances. Small differences in size, thickness, shape, flatness, surface finish, colour, shade, tone, texture, pattern, calibre or appearance may occur between individual tiles and between different boxes of tiles. These variations are common in ceramic, porcelain, natural stone, handmade, glazed, polished, textured, patterned and specialist products. Variations may occur between: different manufacturers; different product ranges; different production batches; different calibres, shade numbers or production runs; samples, display products and the Products supplied to you; images shown on the Website, in brochures or on a screen and the Products supplied to you; and natural, handmade, glazed, polished, textured, patterned or specialist products. Rectified tiles generally have tighter manufacturing tolerances than non-rectified tiles, but they may still be subject to minor manufacturing tolerances and installation requirements. Small variations of the type described in this clause 5.1 should be allowed for during installation, including when setting out, spacing, levelling, cutting and grouting tiles. Minor variations of this nature do not mean that the Products are faulty, provided the Products materially match their description and remain of satisfactory quality, fit for purpose and as described.
Any sample, display product, showroom product, brochure image, website image, photograph, rendering or other visual material is provided as a general indication only of the relevant Productâs appearance. Although we will use reasonable care to ensure that samples, displays and images are accurate, they may not show the exact colour, shade, batch, texture, finish, size variation, pattern variation or overall appearance of the Products supplied to you. You should not rely on samples, displays or images as a guarantee that the Products supplied will be an exact match, unless we expressly agree otherwise in writing.
Where applicable, tiles may be supplied by batch, shade number, calibre, production run or similar manufacturer reference. Natural variations in shade, colour, texture, pattern, calibre and batch are common in ceramic, porcelain and natural stone products. We recommend that you order all tiles required for your project at the same time to help achieve the best possible batch, shade and calibre match. You are responsible for ordering enough tiles for your project, including a reasonable allowance for cuts, waste, breakages, future repairs and installation requirements. We recommend that you seek advice from your installer or other suitably qualified adviser before placing your order, including as to quantities, suitability, wastage allowance and installation requirements. We cannot guarantee that any later or repeat order will match the colour, shade, tone, batch, calibre, texture, finish or appearance of Products supplied under an earlier order. Where you place a later or repeat order, the Products supplied may come from a different batch or production run and may not exactly match Products previously supplied.
Any coverage figures, including square metres per box, number of tiles per box, tile dimensions, layout estimates, wastage estimates or quantity estimates, are provided as a guide only. Coverage may vary slightly due to manufacturing tolerances, tile size, tile shape, grout width, installation method, layout, cutting, pattern matching, breakages, site conditions and the installerâs requirements. You are responsible for checking the quantity of Products required for your project with your installer or other suitably qualified adviser before placing your order. We recommend allowing a suitable wastage margin for cuts, breakages, pattern matching, future repairs and installation requirements. The appropriate wastage allowance may vary depending on the Product, layout, installation method and site conditions. We are not responsible for any shortage of Products caused by incorrect measurements, insufficient wastage allowance, changes to your project, installer requirements, installation method or site conditions, except to the extent this would be contrary to your statutory rights.
You, or your installer, must inspect the Products before installation, fixing, cutting, sealing, drilling, grouting or other use. Before installation, you should check that: the Products are the correct type, design, colour, shade, batch, size, finish and quantity; the Products are free from visible damage or obvious defects; the Products are suitable for the intended location and use; you have sufficient quantities for the relevant project, including any required wastage allowance; and any manufacturer instructions, warnings, batch information, installation guidance and care information have been reviewed. You should not install, fix, cut, seal, drill, grout or otherwise use Products if you believe they are incorrect, damaged, defective, unsuitable, from an inconsistent batch, or otherwise not in conformity with the contract. If you identify any issue before installation, you should contact us as soon as reasonably possible and provide reasonable details of the issue, including photographs where appropriate. Subject to your statutory rights, we may not be responsible for avoidable installation, removal, reinstallation, labour or related costs where you or your installer install, fix, cut, seal, drill, grout or otherwise use Products despite an issue being visible or reasonably identifiable before installation.
Unless we expressly agree otherwise in writing, excess tiles are not returnable merely because you ordered more tiles than you needed, your installer used fewer tiles than expected, your project requirements changed, or you no longer require the excess tiles. Where we agree to accept the return of excess tiles as a goodwill return, the return will be subject to our goodwill returns policy and any applicable handling, restocking or return charges set out in these terms. Nothing in this clause affects your statutory rights in relation to faulty, damaged, unsafe, misdescribed or otherwise non-conforming Products.
Nothing in this clause affects your statutory rights in relation to faulty, damaged, unsafe, misdescribed or otherwise non-conforming Products.
Unless we expressly agree otherwise in writing, we supply Products only. We do not provide installation, fitting, tiling, plumbing, electrical, building, construction, design, surveying or project management services. Nothing on the Website, in any showroom discussion, quotation, product recommendation, drawing, estimate, measurement, sample, display or other communication from us should be treated as installation advice, building advice, plumbing advice, electrical advice, design advice or professional technical advice unless we expressly agree otherwise in writing.
You are responsible for ensuring that the Products you order are suitable for your intended project, location, property, measurements, layout, existing services, water systems, building structure and intended use. Before placing an order, you should obtain advice from a suitably qualified installer, tiler, plumber, electrician, builder, surveyor, designer or other professional adviser where appropriate. You are responsible for checking with your installer or adviser: all measurements and quantities required; any allowance for cuts, waste, breakages and future repairs; access to and within the property; the suitability and compatibility of the Products with the relevant property, room, surface, substrate, water system, drainage, plumbing, electrical supply and other products or materials; any applicable building regulations, water regulations, planning requirements, safety requirements, manufacturer requirements and installation instructions; and whether any additional materials, products, fixings, adhesives, grouts, seals, trims, tools, works or services are required.
You, or your installer, must inspect all Products before they are installed, fitted, fixed, cut, sealed, drilled, grouted, connected, plumbed in, wired, assembled or otherwise used. Before installation or use, you should check that the Products are: the correct Products; the correct colour, shade, batch, size, finish, quantity and specification; free from visible damage or obvious defects; suitable for the intended location and use; and compatible with any other products, materials, fixtures, fittings, systems or works with which they are to be used. You should not install, fit, fix, cut, seal, drill, grout, connect, plumb in, wire, assemble or otherwise use any Product if you believe it is incorrect, damaged, defective, unsuitable, incompatible or otherwise not in conformity with the contract. If you identify an issue before installation or use, you should contact us as soon as reasonably possible and provide reasonable details of the issue, including photographs where appropriate.
If we provide details of, introduce, recommend or refer you to an installer, tiler, plumber, electrician, builder, designer or other third-party contractor, we do so for information only. Any such third party is independent from us and is not our employee, worker, subcontractor, agent or representative. You are responsible for deciding whether to appoint any third party and for checking their qualifications, experience, insurance, availability, pricing and suitability. Any contract or arrangement for installation, fitting, tiling, plumbing, electrical, building, construction, design or other services is between you and the relevant third party only. We are not responsible for any act, omission, advice, delay, defect, damage, loss, cost or other issue caused by any independent third party, except to the extent that we are legally responsible and cannot exclude or limit that responsibility.
Subject to your statutory rights, we are not responsible for loss, damage, deterioration, defects, incompatibility, installation failure or additional costs caused by: incorrect installation, fitting, fixing, cutting, sealing, drilling, grouting, plumbing, wiring, assembly or use; failure to follow manufacturer instructions, safety information, technical guidance, building regulations, water regulations or applicable laws; incorrect measurements, quantities, specifications or assumptions provided by you or your installer; unsuitable surfaces, substrates, structures, pipework, drainage, electrical systems, water pressure, ventilation or site conditions; use of unsuitable or incompatible adhesives, grouts, seals, trims, fixings, fittings, tools, products or materials; or installation or use of Products where an issue was visible or reasonably identifiable before installation or use. Subject to your statutory rights, we may not be responsible for avoidable installation, removal, reinstallation, labour, contractor, remedial works or associated costs where you or your installer install, fit, fix, cut, seal, drill, grout, connect, plumb in, wire, assemble or otherwise use Products despite an issue being visible or reasonably identifiable before installation or use.
Nothing in this clause affects your statutory rights in relation to faulty, damaged, unsafe, misdescribed or otherwise non-conforming Products.
All prices shown on the Website are in pounds sterling (GBP) and are inclusive of VAT and any other compulsory taxes or charges, unless we clearly state otherwise. Any delivery charges, shipping costs or other optional charges will be shown separately before you place your order, where applicable. You must pay for the goods in full at the time you place your order, unless we expressly agree otherwise in writing. We may make available various payment methods from time to time. You must use a valid payment method that you are authorised to use. We may use third-party payment processors to process payments made through the Website. Payment processing services may be subject to the relevant third-party providerâs own terms and privacy policy, and we are not responsible for the security or performance of any third-party payment processor to the extent matters are outside our reasonable control. Your order will not be accepted until payment has been successfully processed or authorised, as applicable. However, confirmation that payment has been authorised does not itself mean that we have accepted your order. If we discover an obvious error in the price, description or other listing information for any goods before we accept your order, we may cancel the order and refund any amount already paid by you. We may also cancel your order if payment cannot be successfully processed, is declined, reversed or charged back, or if we reasonably suspect fraud or unauthorised activity.
We may offer a price match guarantee from time to time in relation to certain Products. Unless we expressly state otherwise in writing, our price match guarantee is available for both qualifying online orders and qualifying in-person purchases. Any price match guarantee is subject to this clause 8 and to any additional terms, conditions or limitations stated in the relevant advertisement, promotion, product listing, quotation or other written communication issued by us. Nothing in this clause 8 requires us to match a competitor price unless all eligibility requirements in this clause 8 are satisfied.
To qualify for a price match, the product offered by the competitor must be identical to the relevant Product offered by us. For the purposes of clause 8.2(a), âidenticalâ means the same brand, manufacturer, model, range, size, colour, finish, specification, quantity and any other material product characteristic. The price match will only apply where: the relevant Product is in stock and available for purchase from us at the time you request the price match; the competitor product is in stock and available for immediate purchase from the competitor at the time you request the price match; the competitor is a UK-based retailer selling to customers in the United Kingdom; the competitor price is current, genuine, verifiable and available to the general public; you provide written evidence of the competitor price, such as a current written quotation, product listing, advertisement, email or other evidence reasonably acceptable to us; and we are able to verify the competitor price and product details before confirming the price match.
Unless we expressly state otherwise, the price comparison will be made against the total price payable for the relevant product, including VAT and any compulsory charges. Where delivery charges apply, we may take account of the competitorâs delivery charges and our delivery charges when determining whether the competitor price is lower. We are not required to match a competitor price where the lower price results from a pricing error, misprint, technical error or other obvious mistake.
Unless we expressly agree otherwise in writing, the price match guarantee does not apply to: clearance, liquidation, closing-down, distressed, damaged-box or end-of-line offers; auction listings or auction-style sales; products sold through online marketplaces or by third-party marketplace sellers; trade-only, membership-only, voucher-only, cashback, loyalty, staff, affiliate or restricted-access offers; bundled offers, multi-buy offers, package deals or conditional promotions where the relevant product price cannot be separately verified; used, refurbished, damaged, returned, ex-display or second-hand products; products that are not available for immediate purchase; products that are not identical to the relevant Product offered by us; competitor prices that are not available from a UK-based retailer; verbal statements or unverified price claims; or any offer that we reasonably consider is not genuine, current or comparable.
A price match will only apply if we confirm the price match to you in writing before the relevant order is completed. We may refuse a price match request where we reasonably require further information to verify the competitor price or product details and that information is not provided. Unless we expressly agree otherwise in writing, a price match cannot be applied retrospectively after an order has been completed.
A price match does not automatically entitle you to any additional discount. Any additional discount, including any 5% discount, will only apply where it is expressly advertised by us or confirmed by us in writing for the relevant qualifying Product. Where an additional discount applies, we will tell you how that discount is calculated before the relevant order is completed.
We may amend, suspend or withdraw any price match guarantee at any time. Any amendment, suspension or withdrawal will not affect a price match that we have already confirmed to you in writing before the amendment, suspension or withdrawal takes effect.
Nothing in this clause 8 affects your statutory rights in relation to faulty, damaged, unsafe, misdescribed or otherwise non-conforming goods.
Any delivery options, estimated delivery times and delivery charges for online orders will be shown on the Website during checkout or otherwise before you place your order. We will deliver the Products to the delivery address provided by you when placing your order. You are responsible for ensuring that the delivery address, contact details and any access instructions provided by you are accurate and complete. Any delivery dates or times shown on the Website, at checkout, in any order confirmation, or otherwise communicated to you are estimates only, unless we expressly agree a specific delivery date with you in writing. Unless we agree a different delivery period with you, we will deliver the Products without undue delay and, in any event, no later than 30 days after the date the contract is formed. If we become aware that delivery is likely to be materially delayed due to circumstances outside our reasonable control, we will let you know as soon as reasonably possible and provide an updated estimated delivery date where we can. Nothing in this clause affects any statutory rights you may have if we fail to deliver the Products within an agreed time or within the period required by law.
Unless we expressly agree otherwise in writing, delivery is to kerbside or the nearest safe and lawful access point at the delivery address. Unless we expressly agree otherwise in writing, delivery is to ground floor locations only. Our delivery drivers, couriers and delivery partners are not required to: carry Products upstairs; carry Products inside your property; deliver Products to basements, upper floors, lifts, balconies, roof spaces, gardens or other non-ground-floor locations; remove doors, windows, fixtures or fittings; unpack, assemble, install, fit, connect, move or position Products; or wait for extended periods while access, parking, labour or other arrangements are organised. Where a driver or courier agrees to assist with any activity beyond kerbside or ground-floor delivery, this is done at their discretion and does not mean that we have agreed to provide installation, fitting, positioning, lifting or other services.
You are responsible for ensuring that, at the scheduled delivery time: there is safe, suitable and lawful access to the delivery address; there is suitable parking, loading access or unloading access for the delivery vehicle; any required permits, permissions, parking arrangements, concierge approvals or building access arrangements have been made; there is a person available to accept delivery; where reasonably required due to the size, weight or nature of the Products, adequate and competent assistance is available to help unload, move or receive the Products; and the Products can be safely delivered without breaching parking restrictions, access restrictions, health and safety requirements or applicable laws. You are responsible for checking before placing an order that the Products can be safely and lawfully delivered to, and moved within, the relevant property or site. We are not responsible for any failed delivery, delay, additional cost or inability to complete delivery caused by inaccurate delivery information, unsafe or unsuitable access, lack of parking or unloading access, absence of required assistance, refusal of delivery, or other circumstances within your control.
If nobody is available to take delivery, or delivery cannot be completed because of incorrect address details, failed access arrangements, lack of parking or unloading access, absence of required assistance, refusal of delivery, or other circumstances within your control, we may leave instructions for redelivery or collection. Where a delivery fails for any reason within your control, we may charge you our reasonable additional delivery, redelivery, return, storage, insurance, administration and handling costs, where permitted by law. If Products are returned to us or held by us, our courier or our delivery partner because delivery cannot be completed, we may contact you to rearrange delivery or collection. If you do not rearrange delivery or collection within a reasonable period after we contact you, we may charge reasonable storage costs. Unless we agree otherwise in writing, if Products are ready for delivery or collection, you must accept delivery or collect the Products within 14 days after we notify you that they are ready. If you do not accept delivery or collect the Products within that period, we may contact you to rearrange delivery or collection. If you still do not accept delivery or collect the Products after we have made reasonable efforts to contact you, we may cancel the contract and refund the price paid for the Products, less any reasonable delivery, return, storage, insurance, administration, handling or other direct costs incurred by us, except where the Products are faulty or you are otherwise entitled to a full refund by law.
We may deliver Products in one or more instalments where this is reasonable, including where Products are supplied by different manufacturers or suppliers, become available at different times, or are too large or heavy to deliver together. Where we deliver in instalments, each instalment will form part of the same order unless we tell you otherwise. If an instalment is delayed, this does not entitle you to cancel the whole order unless: the delay gives you a statutory right to cancel; we have agreed with you that delivery by a specific date is essential; the delayed instalment means the remaining Products are no longer reasonably useful to you for the purpose made known to us before the contract was formed; or we otherwise agree to cancellation in writing.
You should inspect the Products as soon as reasonably possible after delivery or collection. When inspecting the Products, you should check whether: the Products delivered or collected are the correct Products; the quantity of Products is correct; any Products are missing; any Products are visibly damaged; the Products appear to match the relevant order, product description, colour, shade, batch, size, finish and specification; and any packaging appears materially damaged. If you identify any visible damage, shortage, incorrect Product, missing Product or other delivery issue, you should notify us as soon as reasonably possible and provide reasonable details of the issue. Where reasonably requested by us, you should provide photographs of the Products, packaging, labels, batch information, delivery documentation and any visible damage or issue. You should keep the relevant Products, packaging, labels and delivery documentation for a reasonable period so that we can assess the issue and, where appropriate, raise the matter with the relevant courier, supplier or manufacturer. You should not install, fit, fix, cut, seal, drill, grout, connect, plumb in, wire, assemble or otherwise use any Product if you believe it is incorrect, damaged, defective, incomplete, unsuitable or otherwise not in conformity with the contract. If you install, fit, fix, cut, seal, drill, grout, connect, plumb in, wire, assemble or otherwise use a Product after an issue was visible or reasonably identifiable before installation or use, this may affect the remedies available to you, except where this would be contrary to your statutory rights. Notifying us promptly helps us investigate the issue, preserve evidence and arrange any appropriate remedy. However, failure to notify us immediately does not automatically prevent you from exercising any statutory rights you may have. Nothing in this clause affects your statutory rights in relation to faulty, damaged, unsafe, misdescribed or otherwise non-conforming Products.
We may cancel your order at any time before the goods are dispatched or made available for collection, for any lawful reason, including where: the goods are unavailable; there is an obvious error in the price, description or listing of the goods; we cannot obtain valid payment authorisation; we reasonably suspect fraud, misuse or other unlawful activity; or we reasonably believe that we cannot fulfil the order in accordance with these terms. If we cancel your order after you have paid, we will refund all sums paid by you for the cancelled order without undue delay, using the same payment method used for the original transaction unless we agree otherwise with you.
You may cancel your order at any time before we accept it. Once we have accepted your order, you may only cancel: where you have a statutory right to cancel under clause 10.3; where the goods are faulty, damaged, unsafe, not as described or otherwise not in conformity with the contract under clause 10.5; or where we otherwise agree to cancellation in writing.
This clause 10.3 applies only to distance contracts and any other qualifying consumer contracts where you have a statutory right to cancel for change of mind. It does not generally apply to goods bought in person at our business premises unless we expressly state otherwise. Subject to clause 10.4, you may cancel the contract for change of mind within 14 days after the day on which: you; or a person identified by you to take possession of the goods, receives the goods. If your order consists of multiple goods delivered on different days, the cancellation period ends 14 days after the day on which the last of those goods is received. To exercise your right to cancel, you must inform us of your decision by a clear statement before the cancellation period expires. You may do this by email or by using any cancellation method we make available to you. If you cancel under this clause 10.3, you must send the goods back to us without undue delay and, in any event, no later than 14 days after the day on which you tell us that you wish to cancel, unless we have agreed to collect the goods from you.
The statutory right to cancel for change of mind does not apply to goods: made to your specifications; or clearly personalised for you. Special Order Products and Bespoke Products are dealt with in clause 3. In particular, Special Order Products and Bespoke Products may be excluded from goodwill or voluntary returns, and Bespoke Products may be excluded from statutory change-of-mind cancellation rights where a statutory exception applies. This clause 10.4 does not affect any statutory rights you may have in relation to faulty, damaged, unsafe, misdescribed or otherwise non-conforming goods.
This clause 10.5 is separate from your change-of-mind cancellation rights under clause 10.3. If goods are faulty, damaged in transit, unsafe, not as described, not fit for purpose or otherwise not in conformity with the contract, you may have statutory rights under the Consumer Rights Act 2015 and other applicable law. If you believe there is a problem with the goods, you should contact us as soon as reasonably possible and provide reasonable details of the issue. We may ask you for photographs, a description of the problem, or for the goods to be returned to us for inspection. Where the goods do not conform to the contract, the remedy available to you will depend on the circumstances and may include repair, replacement, price reduction or refund, in each case as required by law. Where a refund is due because the goods are faulty, damaged, unsafe, misdescribed or otherwise not in conformity with the contract, we will refund you the amount required by law and, where applicable, arrange or reimburse the reasonable cost of returning the goods.
If you validly cancel a contract under clause 10.3, we will reimburse: the price paid for the goods; and the cost of our standard outbound delivery option, but not any additional amount paid by you for a premium or enhanced delivery service. Unless we expressly agree otherwise, you must bear the direct cost of returning the goods to us if you cancel for change of mind under clause 10.3. If you cancel under clause 10.3, we may reduce your refund to reflect any reduction in the value of the goods caused by handling them beyond what is necessary to establish their nature, characteristics and functioning. Any refund due under clause 10.3 will be made without undue delay and, in any event, within 14 days after: the day on which we receive the goods back; or if earlier, the day on which you provide evidence that you have sent the goods back to us. We will make any refund using the same payment method used for the original transaction, unless we agree otherwise with you. No restocking fee, cancellation fee or similar charge will be applied where you validly exercise a statutory right to cancel, except that we may make any deduction permitted by law under clause 10.6(c). You must return cancelled goods to the return address that we specify. If we have not specified a return address, you may return the goods to any address that we have specified for customer contact or any place where we carry on business. Where you cancel for change of mind under clause 10.3, you should return the goods with all accessories, components, manuals, chargers, keys, packaging and other items supplied with them, where reasonably possible. You must not use the goods beyond what is reasonably necessary to establish their nature, characteristics and functioning. If the value of the goods has been reduced because of handling by you beyond what is reasonably necessary to establish their nature, characteristics and functioning, we may reduce the refund to reflect that reduction in value, as permitted by law. Nothing in this clause 10 affects your statutory rights in relation to faulty, damaged, unsafe, misdescribed or otherwise non-conforming goods.
Unless we expressly state otherwise in writing, we do not offer any additional goodwill right to return goods bought in person at our business premises merely because you have changed your mind. Any goodwill returns policy we may choose to offer from time to time is separate from, and does not affect, your statutory rights.
This clause 10.8 applies only where: you do not have a statutory right to cancel the contract; you are not exercising a statutory right in relation to faulty, damaged, unsafe, misdescribed or otherwise non-conforming goods; and we agree, at our discretion, to accept a return, cancellation or exchange. For the avoidance of doubt, we will not apply any handling fee, restocking fee, cancellation fee or similar charge where you validly exercise a statutory right to cancel under clause 10.3, except for any deduction permitted by law for reduction in the value of the goods caused by handling beyond what is necessary to establish their nature, characteristics and functioning. We will not apply any handling fee, restocking fee, cancellation fee or similar charge where the goods are faulty, damaged, unsafe, misdescribed or otherwise not in conformity with the contract and you are exercising a statutory remedy. Where we agree to accept a return, cancellation or exchange outside your statutory rights, we may apply a reasonable handling, administration, collection, storage, supplier, cancellation or restocking charge. Without limitation, a charge under clause 10.8(d) may apply where: you bought the goods in person at our business premises and ask to return them because you have changed your mind; we agree to accept a goodwill return; we agree to cancel or change an order after we have accepted it, where you do not have a statutory right to cancel; the goods are Special Order Products, Bespoke Products or other goods ordered from a supplier specifically for you, and we have incurred or become liable for supplier, manufacturer, import, shipping, handling, storage, cancellation or restocking costs; or the goods are returned incomplete, outside their original packaging, used, damaged or otherwise in a condition that means they cannot reasonably be resold as new, except where this is due to the goods being faulty, damaged, unsafe, misdescribed or otherwise not in conformity with the contract. Any charge under this clause 10.8 will be reasonable and will reflect the costs, losses or reduction in value reasonably incurred by us as a result of accepting the return, cancellation or exchange. Unless we tell you otherwise in writing before agreeing to the relevant return, cancellation or exchange, our standard handling/restocking charge for voluntary returns is up to 15% of the price paid for the relevant Product. Where we agree to accept a voluntary return, the relevant Product must be returned in its original packaging, unused, undamaged, complete with all components, accessories, manuals and other items supplied with it, and in a resaleable condition, unless we agree otherwise in writing. We may deduct any charge payable under this clause 10.8 from any refund due to you, or require you to pay the charge separately. Nothing in this clause 10.8 requires us to accept any return, cancellation or exchange where you do not have a statutory right to cancel and we have not agreed to accept the return, cancellation or exchange in writing. Nothing in this clause 10.8 affects your statutory rights.
All intellectual property rights in the Website, our trading names, logos, branding, website design, text, graphics, images, product-page copy, compilations, layouts, and any other materials created by or for us and made available through the Website (together, Website Materials) are owned by us or licensed to us. Nothing in these terms transfers any intellectual property rights to you, except for the limited right to use the Website and the Website Materials for your own personal, non-commercial use in connection with browsing the Website and purchasing goods from us. You must not, without our prior written consent: copy, reproduce, republish, upload, post, transmit, distribute, adapt, modify or create derivative works from any Website Materials; use any of our trading names, logos or branding; or use any Website Materials for commercial purposes. Any third-party trade marks, brand names, logos, product names, product images, manuals, specifications or other third-party materials displayed on the Website remain the property of their respective owners. Nothing in these terms gives you any right to use them except as permitted by law or with the relevant ownerâs permission. Nothing in this clause limits any rights you may have under applicable law to use the Website or any materials made available through it to the extent such use cannot lawfully be excluded. In this clause 11, âintellectual property rightsâ means copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
Certain third-party terms, policies or procedures may apply where you use a third-party payment processor, receive delivery through a courier or delivery partner, or rely on a manufacturer guarantee or warranty. For example, third-party terms may apply to: payment processing services; delivery, courier, tracking or fulfilment services; manufacturer guarantees, manufacturer warranties, product registration schemes or after-sales support provided directly by a manufacturer; and third-party websites or services linked from the Website. Nothing in this clause requires you to accept any third-party terms that were not properly made available to you where required by law. Nothing in any third-party terms limits or excludes your statutory rights against us as the seller. We remain responsible for supplying Products that conform to the contract, including Products that are as described, fit for purpose and of satisfactory quality, as required by applicable consumer law. Where a manufacturer guarantee or warranty applies, that guarantee or warranty is separate from, and in addition to, your statutory rights against us. We are not responsible for the content, availability, security, performance, acts or omissions of third-party websites, payment processors, couriers, fulfilment providers, manufacturers or other third parties, except to the extent that we are legally responsible and cannot exclude or limit that responsibility. If you experience an issue with payment processing, delivery, fulfilment or a manufacturer guarantee or warranty, you should contact us where the issue relates to your order or statutory rights against us, and we will deal with the matter in accordance with these terms and applicable law.
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
You must not: copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Bargain Tiles; use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products; use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website; use the Website with the assistance of any automated scripting tool or software; act in a way that may diminish or adversely impact the reputation of Bargain Tiles, including by linking to the Website on any other website; and attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by: gaining unauthorised access to Website accounts or data; scanning, probing or testing the Website for security vulnerabilities; overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or instigate or participate in a denial-of-service attack against the Website.
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that: the Website will be free from errors or defects (or both, as the case may be); the Website will be accessible at all times; messages sent through the Website will be delivered promptly, or delivered at all; information you receive or supply through the Website will be secure or confidential; and any information provided through the Website is accurate or true. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
Your use of the Website and all intellectual property rights in the Website and Website Content are subject to clause 11 of these terms.
The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
Bargain Tiles does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; supplying goods that do not comply with your statutory rights under applicable consumer law; or defective products to the extent such liability cannot lawfully be excluded or limited. Subject to clause 21(a), if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill. 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 it was contemplated by you and us at the time the contract was made. Subject to clause 21(a), we are not responsible for any loss, damage or deterioration arising from: fair wear and tear; misuse of the goods; failure to follow any assembly, setup, safety, charging, care, maintenance or storage instructions provided with the goods; unauthorised modification, alteration, derestriction or repair of the goods; or use of the goods in a manner that is inconsistent with the product listing, accompanying instructions or applicable law. Nothing in this clause affects any rights you may have under the Consumer Rights Act 2015 or any other applicable consumer law.
If you have any complaint about the goods or any matter arising under these terms, please contact us first using the contact details set out on our Website and provide reasonable details of the issue. We will review your complaint in good faith and aim to respond within a reasonable time. If a complaint cannot be resolved through our internal complaints process, you and we may agree to try to resolve the matter through mediation or another form of alternative dispute resolution. Any mediation or other alternative dispute resolution process under clause 22(c) is voluntary and does not prevent you or us from bringing a claim before the courts at any time.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of: reasonable details of the Force Majeure Event; and so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation. Subject to compliance with clause 24(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event. The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible. For the purposes of this agreement, a âForce Majeure Eventâ means any: act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire; strikes or other industrial action outside of the control of the Affected Party; war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Partyâs ability to perform its obligations.
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Notwithstanding, if you live in Scotland or Northern Ireland, you may also bring proceedings in the courts of the part of the United Kingdom where you live. We may bring proceedings against you in the courts of the part of the United Kingdom where you live.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(singular and plural) words in the singular includes the plural (and vice versa); (currency) a reference to ÂŁ, or âpoundâ, is to pound sterling (GBP), unless otherwise agreed in writing, and a reference to â$â or âdollarâ is to USD, unless otherwise agreed in writing; (gender) words indicating a gender includes the corresponding words of any other gender; (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; (person) a reference to âpersonâ or âyouâ includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity; (party) a reference to a party includes that partyâs executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee; (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it; (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time; (headings) headings and words in bold type are for convenience only and do not affect interpretation; (includes) the word âincludesâ and similar words in any form is not a word of limitation; and (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
A notice or other communication to a party under this agreement must be: in writing and in English; and delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other partyâs Email Address, notice will be taken to be given: 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the country whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that country; or when replied to by the other party, whichever is earlier.