Consumer Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER
We recommend that you print a copy of these terms for future reference.
Consumers in Great Britain Only
Please note that these terms and conditions are intended only for use by consumers habitually resident in Great Britain (England, Wales and Scotland) purchasing Porcelanosa products from us wholly or mainly outside of their trade, business, craft or profession.
If you wish to purchase Porcelanosa products in connection with your trade, business, craft or profession, please get in touch to discuss opening a corporate account with us.
- THESE TERMS
- What these terms cover. These are the terms and conditions on which we supply products to you.
The "Website" is our website at www.procelanosa.co.uk, including any websites that automatically redirect you to this website, such as www.porcelanosa.com.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract of our supply of products to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using the contact details at clause 3.
- WE ARE PORCELANOSA
- To ensure your order gets to you as quickly as possible, your order will be fulfilled by one of many Porcelanosa companies across the UK. The Porcelanosa company closest to you will usually be the company which will process and provide your order, but this may not always be the case. The choice of Porcelanosa company will depend on whether you have selected to collect your order, the availability of your chosen products and each company's capacity. But don’t worry, you will know which Porcelanosa company will be responsible for your order as this will be on your order confirmation email (see clause 2).
- The selection of Porcelanosa companies which may fulfil your order are listed below for your reference:
- Porcelanosa (North West) Limited, a company registered in England and Wales under company number 02483097,whose registered office is at Units 1 – 6, Otterspool Way, Watford, WD25 8HL, but whose trading address is located at 850 Europa Boulevard, Westbrook, Warrington, WA5 7ZR. VAT registered number GB 582094528;
- Porcelanosa (Scotland) Limited, a company registered in England and Wales under company number SC108010,whose registered office is at Unit 2, Rocep Drive, Braehead, Renfrew, Scotland, PA4 8YT. VAT registered number GB 596898150;
- Porcelanosa (Western) Limited, a company registered in England and Wales under company number 02622339,whose registered office is at Units 1 – 6, Otterspool Way, Watford, WD25 8HL, but whose trading address is located at Lysander Road, Cribbs Causeway, Westbury on Trym, Bristol, BS10 7TY. VAT registered number GB 590718420;
- Porcelanosa (Yorkshire) Limited, a company registered in England and Wales under company number 02236792,whose registered office is at Units 1 – 6, Otterspool Way, Watford, WD25 8HL, but whose trading address is located at The Carr, Carriage Drive, Doncaster, Yorkshire, DN4 5NT. VAT registered number GB 590718224;
- Porcelanosa (South East) Limited, a company registered in England and Wales under company number 03134596,whose registered office is at Units 1 – 6, Otterspool Way, Watford, WD25 8HL. VAT registered number GB 668153316; and
- Porcelanosa (Midlands) Limited, a company registered in England and Wales under company number 02366908,whose registered office is at Units 1 – 6, Otterspool Way, Watford, WD25 8HL, but whose trading address is located at Starley Way, Solihull, Marston Green, B37 7HB. VAT registered number GB 590718126.
- Porcelanosa Group Limited trading as Porcelanosa is a company registered in England and Wales. Our company registration number is 02332932 and our registered office is at Units 1-6 Otterspool Way, Bushey, Watford WD25 8HL. Porcelanosa Group Limited is the central point of operations for the Porcelanosa companies listed at clause 2, but does not process orders or contract with consumers directly.
- Any reference to "we" or "us" in these terms and conditions is a reference to all Porcelanosa companies rather than one in particular because different companies deal with different parts of the order process in order to make your customer experience as seamless as possible. If you need any further information on this, or help identifying which Porcelanosa company is responsible for your order, please get in touch using our details at clause 3.
- The Porcelanosa company which will be in charge of fulfilling your order, will be specified on your order confirmation email (see clause 2). However, if you have an issues with your order, please use the contact details at clause 3, rather than contact the Porcelanosa company listed in your email confirmation directly.
- CONTACT INFORMATION - QUESTIONS AND COMPLAINTS
- How to contact us. If you have any questions or complaints about your order, an individual product, or any aspect of your experience with Porcelanosa generally, please contact us by:
- telephone on 01923 815200;
- email at email@example.com
- post at Units 1 – 6, Otterspool Way, Watford, WD25 8HL.
- How to contact us. If you have any questions or complaints about your order, an individual product, or any aspect of your experience with Porcelanosa generally, please contact us by:
If your enquiry relates to an order which you have placed with us, please quote your order reference and customer number on any correspondence with us.
- How we may contact you:
- If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- Please note that where you have specified an email address as a form of contact, we will use this email address to contact you in the first instance and have no obligation to repeat this information in writing by post. Please ensure any contact details you provide are accurate and up-to-date.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- SELECTING YOUR PRODUCTS AND PLACING AN ORDER
- Pictures and Packaging. Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your chosen device will display colours accurately which reflect the colour of the products. Your product and its packaging may vary from that shown in images on the Website.
- Natural products - Natural products (or natural-looking or natural-effect products) such as marble or marble effect (“Natural Products”) have a greater degree of variation than any of our other products. This applies not only to shading, but also to the pattern that is produced with a Natural Product. It is impossible to get two Natural Products that are the same as each other in shading and/or design. You agree that any Natural Product we supply will not be the same as seen on the Website, but will be similar.
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the Website and as summarised in your shopping basket when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 4 below for what happens if we discover an error in the price of the product you order.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, and this is noticed before fulfilment of your order, we will try and contact you for your instructions. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
- When you must pay and how you must pay. You must pay for the products before we dispatch them. Please note that payment for your entire order is taken immediately when your order is confirmed (unless the order is confirmed on a weekend or an English or Scottish bank holiday, in which case payment will be taken the next working day). You will be able to pay for your order either directly using your card details via Caixabank on the Website or via third party payment provider, PayPal.
- What to do if you think an amount or invoice is wrong. If you think you have paid an incorrect amount for your order, please contact us promptly to let us know.
- Before you place an order:
- Registration option - We will ask you whether you want to register for a Customer Account with us (to save you entering your personal information each time you place an order with us) or check-out your basket as a guest without registration. Both options will require that you provide us with certain information so that we can fulfil your order(s); for example: (1) your contact details; (2) delivery details; and (3) up-to-date payment information. This will be stated on the Website when you place your order with us.
- Shopping basket summary - Please check your shopping basket summary carefully to ensure that it contains full and accurate information for the products that you are ordering, and for all price, payment and delivery information. This includes (without limitation) checking that the ordered products have the correct description. You are responsible for checking that the ordered products meet your particular needs and you should check measurements carefully. There are many factors you should consider, including without limitation grout joints breakages and wastage, aborted and inaccurate cuts and tiles for spares.
- Incorrect Personal Information. If the information you have provided is found to be inaccurate or insufficient for any reason, we will contact you to ask for additional or revised information. If you do not give us this information within a reasonable time of us asking for it, or if you give us further incomplete or incorrect information, we may either end the contract (and clause 9 will apply) and/or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Check before fixing or installing - Some products that we supply have variations of shading, size and finish. Depending on the nature of the products supplied, a degree of variation of shading is acceptable and may have natural imperfections. These are not faults. In any event, you are responsible for checking the satisfactory degree of shading variation and satisfactory nature of the products (including, without limitation, any damage) before any of the products are installed or fixed and if you are not satisfied with the shading, size or finish, you must inform us in writing before proceeding with installation or fixing. To the extent permitted by law, we will not be responsible for any losses incurred if you do not adhere to this. In addition, to ensure that you do not waste any money, you should book installation or fixing by your selected professional service after you are happy that the products have been delivered in full and to the standard expected.
- Site survey - It is your responsibility, and not ours, to ensure that the products selected for purchase are suitable for the place in which you wish to install or fix them.
- Installation - We are not responsible for organising or providing installation or fixing services for you. All agreements for the installation and fixing shall be between you and the person you may choose, and we shall have no responsibility or liability with regard to the installation or fixing or for any act or omission of the installer or fixer.
- CONFIRMATION OF YOUR ORDER
- What will happen when you place an order. A summary of your order will be shown on the webpage immediately after your order has been placed. We will also send you an order acknowledgement email. The order acknowledgement email is purely for information purposes and does not constitute acceptance of your order (which takes place under clause 2).
- How we will accept your order. Our acceptance of your order will take place when we send you an order confirmation email, at which point a contract will come into existence between you and the Porcelanosa company specified on the order confirmation email (from our list at clause 2).
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because: the order is for delivery outside of Great Britain; a product is out of stock; unexpected limits on our resources which we could not reasonably plan for; a credit reference we have obtained for you does not meet our minimum requirements; we have identified an error in the price or description of a product; or we are unable to meet a delivery deadline.
- Your order reference and customer number. We will assign a customer number and order reference to your order and tell you what they are when we accept your order. It will help us if you can tell us the order reference and your customer number whenever you contact us about your order.
- We only sell to Great Britain. The Website is solely for the promotion of our products in Great Britain. Unfortunately, we do not accept orders from addresses outside Great Britain.
- Making changes to your order - If you wish to make a change to your order, please contact us as a matter of urgency. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change, or the consequences of making the change are unacceptable to you, you may choose to end the contract (see clause 7).
- When you become responsible for the products. The products in your order will be your responsibility from the time we deliver them to the address you gave us or you collect it from us.
- When you own products. You own a product once we have received payment in full and the product is in your possession.
- DELIVERY AND COLLECTION
- Delivery and Collection costs. The costs of delivery will be as displayed to you on the Website. Collection from selected Porcelanosa locations is free of charge.
- When we will provide the products. During the order process we will let you know when we will provide the products to you in accordance with our chosen range of delivery choices or your option to collect (where available). We will provide all the products to you at the same time and, unless specifically agreed with you, do not provide delivery in instalments.
- Delivery within 30 days - We aim to deliver your products within 5 days of our acceptance of your order; however, we will deliver your order to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order (unless you have agreed/specified delivery after the 30 day timeframe). Please note that delivery timescales are estimates only.
- Collection dates - If you have selected to collect your order from a specified Porcelanosa location, please note the selected date(s) for collection and time restrictions on when collection is available at your chosen location. Please ensure you collect your entire order between 8am-4pm, Monday to Friday (excluding days when the banks in London, England are closed for business), or as specified in your order confirmation, to prevent us cancelling the contract under clause 9.
- Delivery Premises - We will deliver your purchased products to the nearest entrance to the delivery address at ground floor level only. It is your responsibility to get the products from that point to any other part of the delivery address. Some products are large (e.g. shower cabins and some baths) and it may be difficult or impossible without modifications to the premises for you to get the items up small or sharp turning staircases or through small doorways. It is your responsibility to satisfy yourself that the access to the room into which the items are to be fitted is sufficient for the size of the products purchased and to modify the premises if necessary. From the estimated or guideline delivery date until we actually deliver the products, you agree to ensure that you and your premises are ready for the safe receipt of the products and you agree to provide us with all necessary access to the delivery address and premises at all reasonable times. You (or your nominee) shall sign a delivery note to show that you have received delivery. You must also provide our delivery vehicle with reasonable access to park and deliver, or give us sufficient notice for reasonable arrangements for making deliveries.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for, but not received.
- If you are not at your address when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from your local Porcelanosa (if available).
- If you do not re-arrange delivery or collect your order. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot/Porcelanosa location, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you, re-arrange delivery, or you have failed to collect your order within 14 days of arrival at your designated collection location or delivery depot, we may end the contract and clause 9 will apply.
- Reasons we may suspend delivery/collection: We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the order or product as requested by you or notified by us to you.
- Your rights if we suspend the supply of products. We will contact you in advance to tell you that we will be suspending your order, unless the problem is urgent or an emergency. If we tell you that we are going to suspend your order, or suspend your order without notice, for longer than 30 days from the date your order was confirmed by us, you may contact us to end the contract and cancel your order. We will refund any sums you have paid for products ordered, but not received.
- YOUR CANCELLATION RIGHTS
- Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
- If you have changed your mind about the product:
- The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in this clause 2.
- Deductions from refunds. You may be able to get a refund if you cancel your contract with us within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products. You will be asked to make a payment of £25 for products returned during the cooling-off period which require our collection from the address specified for the original delivery. There will be no collection charge for products returned to us at one of the Porcelanosa locations in clause 2.
- When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
- any products which become mixed inseparably with, or attached to, other items after their delivery.
- How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products, unless your order is split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
- If what you have bought is faulty or misdescribed, you may have a legal right to end the contract:
- We are under a legal duty to supply products that are in conformity with this contract.
- Nothing in these terms will affect your legal rights. Your key legal rights are subject to certain exceptions. For detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
- The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your products, your legal rights entitle you to the following:
- up to 30 days: if your products are faulty, then you can get an immediate refund.
- up to six months: if your products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for one of the reasons below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 2), you can still end the contract before the products are delivered or collected (depending on which method you have selected). If you cancel your contract with us on this basis, we will refund any sums paid by you for products ordered, but not received, and, at our discretion, deduct from that refund reasonable compensation for the net costs we will incur as a result of you ending the contract.
- HOW TO CANCEL YOUR ORDER
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 01923 815200 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order (including your customer number and order reference) and, where available, your phone number and email address;
- Online. Complete the Model Cancellation Form at Schedule 1 to these term and conditions; or
- By post. Print off the Model Cancellation Form at Schedule 1 to these term and conditions and post it to us at the address on the form. Or simply write to us at that address telling us you are cancelling, including details of what you bought, when you ordered or received it (including, where possible, your customer number and order reference) and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or after you have received them, you must return them to us. You must either return the products in person to your local Porcelanosa warehouse (seethe list of trading addresses at clause 2) or allow us to collect them from you. Please contact us using the details at clause 3 to arrange the return or collection of returned products.
- Returns within the cooling-off period. If you are exercising your right to change your mind, you must send off the products within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if a product is faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to a product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
In all other circumstances (including where you are exercising your right to change your mind within the cooling-off period), you must pay the costs of return where you have asked us to collect the products being returned.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We charge £25 for the collection of products which are not being returned under clauses 5.1 and 8.5.2.
- How we will refund you. We will refund you the price you paid us for the products, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind under clause 2:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost, but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind within the cooling-off period then:
- If you have chosen to return your products to a Porcelanosa location listed at clause 2, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us (if you have used an external courier company).
- In all other cases, your refund will be made within 14 days of you telling us you have changed your mind within the cooling-off period.
- CHANGES TO THESE TERMS AND OUR CANCELLATION RIGHTS
- Changes to these terms. We may make changes to these terms and conditions, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for, but not received.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (for example, your full delivery address or customer name); or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us (or our third party delivery provider).
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 2 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we incur as a result of your breaking the contract.
- OUR RESPONSIBILITY FOR LOSS/DAMAGE
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for: (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (b) for fraud or fraudulent misrepresentation; (c) for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and (d) defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.
- IMPORTANT GENERAL TERMS
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither you nor we will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if you or we delay in enforcing this contract, you or we can still enforce it later. If you or we do not insist immediately that we or you do anything we or you are required to do under these terms, or if you or we delay in taking steps against us or you in respect of us or you breaking this contract, that will not mean that we or you do not have to do those things and it will not prevent us or you taking steps against you or us at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Wales, you can bring legal proceedings in respect of the products in either the Welsh or the English courts.
- Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Ombudsman Service Ltd (Ombudsman Services: The Consumer Ombudsman) via their website at consumer-ombudsman.org. The Ombudsman Service Ltd (Ombudsman Services: The Consumer Ombudsman) will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
- MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Porcelanosa Group Limited trading as Porcelanosa is a company registered in England and Wales. Our company registration number is 02332932 and our registered office is at Units 1-6 Otterspool Way, Bushey, Watford WD25 8HL.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.