Terms & Conditions
All orders are placed with Bert & May, which is a business name of The Reclaimed Tile Company Limited:
Registered in England No. 07760714.
VAT registration No. GB 139944668
Registered Office: Unit 14, Marston Business Park. Nr Tockwith. YO26 7QF
These terms and conditions will apply to all sales of products made and supplied by Bert & May to our customers.
1. Cancellation and order amendments
1. Where the goods are "made to order" you cannot:
- amend or cancel your order
- return the goods
- seek any refund of the price paid by you from us
This is because when we receive your order, the order is placed with our suppliers and the manufacturing process begins immediately.
The goods are manufactured to your exact specification, pursuant to The Consumer Contracts.
1.2 For stock orders, where the goods are held by Bert & May, immediately available and not created especially for you, you may amend your order with us 5 working days prior to the despatch date.
For orders placed through the Sales or Trade departments please contact them directly.
For orders placed via www.bertandmay.com contact Customer Services on 0203 744 0776 or email email@example.com
Order amendments may delay the previously agreed delivery date and time. Any amendments that result in a subsequent “made to order” order being placed will be issued with a new delivery time.
1.3 “Made to order” products are all items ordered & manufactured specifically for the customer and include all paint orders, fabric, all bathroom fittings and any custom colours or bespoke tile designs.
1.4 Amendments to an order must be of equal or higher value. Any increase in the order value must be paid for at the time of the amendment.
2. The Goods
2.1 We warrant that on delivery the goods shall:
2.1.1 comply in all material respects with their description on the order;
2.1.2 be of satisfactory quality;
2.1.3 be fit for purpose we say the goods are fit for or for any reasonable purpose for which you use the goods;
2.1.4 be free from any material defects in design, material or workmanship; and
2.1.5 comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.
2.2 The warranties set out in this clause 2 are in addition to your legal rights in relation to goods which are faulty or which do not otherwise confirm with these Terms.
Advice about your legal rights is available from your local Citizens’Advice Bureau or Trading Standards office.
2.3 This warranty does not apply to any defect in the goods arising from:
2.3.1 fair wear and tear, wilful damage, accident or negligence by you or any third party;
2.3.2 use of the goods in a way that we do not recommend;
2.3.3 your failure to follow instruction (including instructions about use, cleaning and servicing of the goods) which we have provided to you; or
2.3.4 any alteration or repair you carry out without prior written approval.
3. Price and payment
3.1 The price of goods shall be the price in force at the time you confirm your order. We reserve the right to update our price list from time to time without providing specific notice to you.
3.2 The price includes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
3.3 The price or goods excludes delivery (unless otherwise stated). The cost of delivery shall be as specified in the order.
3.4 Payment of all goods must be made in advance. We accept payment with Visa, Maestro and MasterCard payment cards.
4.1 The goods will be delivered to your delivery address specified on the order.
4.2 Delivery of the order shall be complete when we deliver the goods to you.
4.3 If we are not able to deliver the whole of the order at one time for any reason including operational reasons or shortage of stock, we will deliver the order in instalments.
We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs.
Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.4 We will take reasonable steps to meet the delivery estimate set out on the order (or as otherwise agreed between us in writing).
However, occasionally delivery may be affected by factors which we do not control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery with you.
We shall have no liability for late delivery except where time has been made the essence of the contract and agreed by both parties in writing at time of ordering.
4.5 Please advise us if access to the delivery address will be difficult for an 8ft 6in wide, 30ft long high-sided vehicle.
Should any doubt exist, please contact Customer Services on 0203 744 0776 to make alternative arrangements.
4.6 We may decline to deliver the goods if:
4.6.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
4.6.2 the premises (or access to them) are unsuitable for the delivery vehicles we use.
4.7 If you fail to take delivery of the order, then, except where this failure is caused by a failure by us to comply with these Terms:
4.7.1 we will store the goods until delivery takes place and may charge you a reasonable sum to cover expenses; and
4.7.2 we shall have no liability for late delivery.
4.8 Once received, please check all goods within 14 working days. We reserve the right to refuse claims for damaged or missing goods made after this time unless a longer period of time has been previously agreed in writing.
5. Warranties & limitations of liability
5.1 We warrant that, on delivery, all goods shall comply and conform in all material respects with their descriptions on our website and any information, specifications and guidance which is set out on our website.
5.2 Subject to clause 5.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are an obvious result of the failure to comply with these Terms, or which both you and us knew might occur as a result of a failure to comply at the time at which you purchased the Goods.
5.3 Neither you or we shall be responsible for the following foreseeable losses:
5.3.1 Business losses, which includes loss of business, business interruption, loss of profits or loss of revenue or income.
5.3.2 Loss of any savings which you or we were expecting to make;
5.3.3 Loss of data; or
5.3.4 Any waste of time.
However, this Clause 5.3 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
5.4 Neither of us will exclude or limit in any way our own liability for:
5.4.1 death or personal injury caused by our negligence; or
5.4.2 fraud or fraudulent misrepresentation; or
5.4.3 any breach of the obligations implied by section 17 of the Consumer Rights Act 2015; or
5.4.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
5.4.5 any other matter for which it would be illegal or unlawful for either you or us to exclude or attempt to exclude our own liability. You may obtain information about your legal rights by contacting your local Citizen’s Advice Bureau.
6. Return of goods (excluding 'made to order' items and Samples)
6.1 Should you wish to return your stock (none ‘made-to-order’) order following delivery you may do so by informing us within 14 working days of receipt of delivery. Goods must be returned to us and we ask that you take reasonable care when handling the goods and return the goods to us unopened, unused and in their original packaging, where possible.
6.1.1 Please confirm your intent to return the order by calling Customer Services on 0203 744 0776 within 14 working days of receipt; we will confirm to you a returns address and reference for your package.
6.1.2 The cost of returning the goods once delivered is at your own cost and risk;
6.1.3 We are not responsible for any loss or damage to any returned goods in transit and as such, we recommend that you return the goods through a recorded delivery service.
6.1.4 When returning goods please carefully package the goods together with your returns reference.
6.1.5 If returned goods are lost or damaged in transit, we reserve the right to charge you for any loss or damage.
6.1.6 Where we have agreed to the return of goods, these goods must be returned within 14 days of the notice of intent.
6.2 In the unlikely event that the goods do not conform to these Terms, please let us know as soon as possible by contacting Customer Services on 0203 744 0776.
6.3 We will, at our option:
6.3.1 inspect the goods at your premises;
6.3.2 collect the goods on a date agreed between you and us; or
6.3.3 ask you to return the goods to us.
6.4 If the goods are found by us to be defective, and we have asked you to return the goods to us at your cost we will reimburse you for third party delivery costs involved in the return.
6.5 Any goods manipulated, fixed or installed will be considered accepted by you and are not eligible for return.
6.6 Bespoke orders, as defined in 1.3, are not eligible for return.
6.7 All wood orders are 50% non-refundable or exchangeable. This due to the costs incurred in the preparation of the wood that begins once the order has been placed.
6.8 If you exercise your right to return your order, any refunds due will be refunded within 30 days of receipt of goods.
6.9 For any orders where a credit note is issued, the credit note is valid for 12 months from the date of issue.
6.10 We cannot accept returns or refunds on sample products.