Terms & Conditions of Sale
These terms and conditions of sale, together with our Privacy & Security Policy and Terms of Website Use tells you information about us, and the terms on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms and Conditions of Sale (the Terms) will apply to any contract between us for the sale of Products to you (Contract). Please read the Terms carefully and make sure that you understand them before ordering any Products from our site. You will be asked to agree to the Terms before placing your order, and you will not be able to order any Products from our site without having accepted the Terms.
You should print a copy of the Terms, or save them to your computer, for future reference.
We amend the Terms from time to time as set out in paragraph 8. Every time you wish to order Products, please check the Terms to ensure you understand the terms which will apply at that time.
The Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.splashback.co.uk We are Insight Retail Limited, a company registered in England and Wales under company number 05595565 and with our registered office at 4 Claridge Court, Lower Kings Road, Berkhamsted, Hertfordshire, HP4 2AF.
1.2 If you wish to contact us, you can contact us by e-mailing our customer service team at [email protected] or by post to Insight Retail Ltd, 4 Claridge Court, Lower Kings Road, Berkhamsted, Hertfordshire, HP4 2AF. However, please also see paragraph 18 for further details of how we will communicate with you.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, photographical images may not accurately reproduce the exact shade of the Products, and we cannot guarantee that your computer’s display of the colours will accurately reflect the colour of the Products. If the precise colour of the Products is important to you, we recommend that you order a sample of the Products.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate.
2.3 No Products are guaranteed against variation from samples and/or descriptions.
2.4 The pigments of coloured grouts may penetrate the surface of some Products, but this does not constitute product failure. Sufficient test Product should be purchased to ensure the desired effect can be achieved. Where the Product has been sold with a known defect, the Product will only be considered for quality issues excluding any consideration of the known defect.
2.5 You should order the correct quantity of the Products required at any one time as we cannot guarantee to repeat the same shade. Shade variation is an inherent characteristic within the manufacture of tiles. We will not be responsible for any shade variation in the Products.
2.6 We will not accept any claims whatsoever if the Products have been fixed. All Products should be checked for shade, texture and size at the time of delivery and before fixing. Fixing to a substrate means that you have accepted the splashbacks and tiles in their present state, so no refunds or replacements will be offered.
2.7 The packaging of the Products may vary from that shown on images on our site.
3. Use of our site
4. How we use your personal information
We only use your personal information in accordance with our Privacy & Security Policy. Please take the time to read our Privacy & Security Policy as it includes important terms which apply to you.
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
6. Business Customers
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and our Privacy & Security Policy and Terms of Website Use include the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or Privacy & Security Policy and Terms of Website Use.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation, or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because we cannot meet your requested delivery date, or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount, including any delivery costs, as soon as possible.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time, including to reflect any changes in relevant laws and regulatory requirements. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.2 If we revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Cancellations and returns
Your Consumer Cancellation Rights
9.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out in paragraph 9.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office. However, this cancellation right does not apply in the case of:
(a) any Products which become mixed inseparably with other items after their delivery;
(b) any Products which have been opened, for example grout or adhesive, unless faulty; or
(c) any Products that are not in their original packaging and a re-saleable condition.
9.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. The end date is the end of 28 days after the day on which you receive the Product. For Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 7th February.
9.3 To cancel a Contract, you just need to let us know that you have decided to cancel. You can e-mail us at [email protected] or contact our Customer Services team by post to Insight Retail Ltd, 4 Claridge Court, Lower Kings Road, Berkhamsted, Hertfordshire, HP4 2AF. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, 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 goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer, provided that this is a common and generally acceptable method.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 28 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 28 days after you inform us of your decision to cancel the Contract.
9.5 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.6 If a Product has been delivered to you before you decide to cancel your Contract, you must return it to us without undue delay and in any event not later than 28 days after the day on which you let us know that you wish to cancel the Contract. Unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If we offer to collect the Product from you, you will be charged the direct cost to us of the collection.
9.7 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this paragraph , or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.8 A ‘Return’ is classified as occurring after the 14 day cancellation period. We regret that we cannot accept any returns once the 14 day cancellation period has expired unless the product is faulty or not as described. Where any product is proven to be defective we shall replace the Products, or refund the price paid for the Products in question. All replacements for damaged products will be sent on our standard delivery service at our cost. Any claims for damages or shortages must be reported within three (3) days of the Products being received by you.
10.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See paragraph 17 for our responsibilities when this happens.
10.2 Delivery Charges are:
Free – Standard delivery (2-5 Days) for all orders.
£49 for next working day delivery (Order by 12 noon on previous working day)
£49 for Saturday AM delivery (Order by 12 noon previous working day)
Offshore Deliveries (Including Republic of Ireland, Channel Islands, Isle of Man, Scilly Isles, Isle of Wight, Scotland Offshore and all other Exports): Price on Application
Please note that Next Day or Saturday deliveries are not available for the following postcodes /areas
BT (1-76), HS(1-9), IV (All), KA (27-28), KW (All), PA (20-49, 60-80), PH (15-50), PO (30-41), ZE (1-3),
10.3 Deliveries are either kerbside or doorstep deliveries depending on the size of the order. Larger orders will be delivered to the kerbside on a pallet.
10.4 If no one is available at your address to take delivery, we may leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. In some circumstances we may charge a re-delivery fee of £30 per item.
10.5 Delivery of an Order shall be completed when we deliver the Products to the address you gave us, or you or a carrier organised by you, collect them from us, and the Products will be your responsibility from that time.
10.6 You own the Products once we have received payment in full, including all applicable delivery charges.
10.7 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products; or
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances), or you otherwise told us before we accepted your order that delivery within the delivery deadline was essential.
10.8 If you do not wish to cancel your order straight away, or do not have the right to do so under paragraph 10.7, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.9 If you do choose to cancel your Order for late delivery under paragraph 10.7 or paragraph 10.8, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, the cost of which will be our responsibility. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10.10 Unfortunately, we do not ordinarily deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK. To discuss delivery outside the UK please contact us at [email protected]
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.2 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you need to pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.3 The price of a Product does include delivery charges. [Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to section 10.]
11.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12. How to pay
12.1 You can only pay for Products using the methods advertised on the site.
12.2 Payment for the Products and all applicable delivery charges is required in advance, when you order the products from our site.
13. Manufacturer guarantees
13.1 Some of the Products we sell to you may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
13.2 If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
14. Our warranty for the Products
14.1 For Products which do not have a manufacturer’s guarantee, we provide a warranty that on completion of delivery the Products shall be free from material defects, be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and be reasonably fit for purpose. However, this warranty does not apply in the circumstances described in paragraph 14.2.
14.2 The warranty in paragraph 14.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or any third party;
(c) if you fail to use the Products in accordance with the user instructions;
(d) any alteration or repair by you, or by a third party, who is not one of our authorised repairers; or
(e) any specification provided by you.
14.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15. Our liability if you are a consumer
15.1 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 negligence, but 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 we entered into the Contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
16. Our liability if you are a business
16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
16.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
16.3 Subject to paragraph 2.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.4 Subject to paragraph 16.4, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products in relation to which the claim arose, and you shall have a duty to mitigate any losses arising from such claim.
16.5 Except as expressly stated in the Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in paragraph 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price, including any delivery charges.
18. Communications between us
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you are a consumer, you may contact us as described in section 1.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.3 If you are a business you may contact us as described in section 1.2. However, in respect of contractual notices:
(a) any notice given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this paragraph shall not apply to the service of any proceedings or other documents in any legal action.
19. Other important terms
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing, or by posting on this webpage, if this happens.
19.2 This Contract is between you and us. Subject to paragraph 19.3, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, and you may only transfer your rights or obligations under these Terms to another person if we agree in writing.
19.3 If you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in paragraph 13 or 14 (as appropriate) to the recipient of the gift without needing to ask our consent. However, we and you will not need the consent of the recipient of your gift of a Product to cancel or make any changes to the Terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that the Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).