Terms of service

Last updated: (April 2022)

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.bricktilecompany.com website operated by Horsburgh & Corr Ltd ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Terms and conditions

1. Definitions

1.1 The “company”, “we” or “us” means The Brick Tile Co. (Company No: 11879702) of Horsburgh & Corr Ltd, Brittania House, Cottage Terrace, Nottingham, NG1 5DX.

1.2 The “customer” or “you” means the individual or company who purchases goods from the company.

1.3 “Consumer” means any person who in buying something is acting outside their business, as defined by the Distance Selling Regulations.

2. Application of Terms

2.1 These terms apply to all sales of goods and or services by us to the exclusion of all other terms (including any which you purport to apply) unless expressly agreed in writing in advance by one of our Directors.

2.2 Each order or acceptance of a quotation for goods and or services by you shall be deemed to be an offer by you to buy goods and or services subject to these terms. No order or acceptance of a quotation by you shall be deemed to be accepted by us until written confirmation of order is issued by us or (if earlier) we begin to process your order. We shall be entitled to withdraw any quotation at any time (whether or not already accepted by you).

2.3 Any typographical error or clerical omission in any sales literature, quotation, price list or other document issued by us may be corrected without liability on our part.

3. Supply of Products

3.1 You acknowledge that you have not relied on any statement or representation made or given on our behalf. Any estimate of quantities needed, advice as to the suitability of any goods for a particular purpose and any plan or measurement given by us is given for guidance only (based on your information) and without liability on our part. No allowance is made by us for additional materials, wastage or installation. You must satisfy yourself that all goods and or services ordered are correct.

3.2 When you need to match new bricks to existing brickwork, the company advises customers to request a sample before placing an order. Whilst every effort is made to exactly match bricks, we cannot guarantee a perfect match.

3.3 The sizes of our products are listed on each product page, however, brick is a natural product, and as such, these will vary due to texture variations in the products, and we allow a tolerance of up to 10% in any of these measurements.

3.4 We always recommend ordering a sample prior to ordering our products, our images will not necessarily represent the finished product in your space. The product will look different based on the lighting and surrounding colourings in your particular project. Our sample panels are produced to provide you with a genuine product, but you will receive one of every variant in each blend. Therefore you will not see the correct ratio of these variants, and we encourage you to use these in conjunction with our imagery to represent the ratio of each colouring.

3.5 Our products are priced to include 5% breakages. The product is natural clay, fired and subsequently cut into tile form. Therefore the product may occasionally have a weak point which could lead to breakage during installation or in transit. We, therefore, price to account for this, and you should account for this in calculating the quantities you require. If for any reason you have underordered, or the 5% breakages mean that you need to re-order, you are solely responsible for the cost of the extra product and transport charges.

3.6 As a natural product, each blend can vary slightly over time in different batches. It is therefore your responsibility to make sure you order enough at one time to cover your project. We will always dispatch orders from an individual batch, but cannot guarantee 100% that the batch will be available when you re-order.

4. Price and Payment

4.1 The price of the goods does not include the price for delivery. When we display a “delivered price” this is the price of the goods and the price of delivery combined, all product pages and order forms display the price of the goods and price of delivery.

4.2 The price of delivery for the goods is for delivery to the exact postcode entered by you on the checkout page of the website, the quoted price is only valid for delivery to that postcode if you require the delivery address to be changed after placing an order an additional charge may be made.

4.3 Occasionally an error may occur with our website and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.

4.4 We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery before your order can be processed unless we have agreed otherwise in advance in writing.

4.5 Prices are inclusive of VAT unless otherwise stated.

5. Availability

5.1 While we endeavour to only allow products to be sold when we have the level of stock available to meet your order, we reserve the right to cancel the contract between us if we have insufficient stock to deliver the goods you have ordered. In such cases, we will inform you as soon as possible and refund the price paid for such goods as soon as possible and in any case within 30 days, or in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

6. Delivery

6.1 We will deliver the goods in accordance with your order usually within the stated delivery time but certainly within 30 days. In the unlikely event that we are unable to make the goods available to you within 30 days of accepting your order, we will contact you to inform you. You will have the choice of agreeing to a revised delivery date or cancelling the order and receiving a full refund for the order.

6.2 Deliveries are made Monday to Friday between 08:00 and 18:00 (excluding bank holidays). Depending on the delivery method timed deliveries may be available, if they are available you will be given the option to select an hour slot for an additional charge.

6.3 Deliveries will be made to the address stated on the order.

6.4 Only a delivery to the kerbside can be guaranteed and you are responsible for moving the goods from the kerbside. We, or our agents, will do their best to deliver closer to the property if access allows. Delivery does not include carrying goods up paths, to rear gardens or into dwellings.

6.5 For deliveries that are made by a small rigid lorry with a tail-lift (please see our delivery information page for detailed description) a manually manoeuvred pallet truck is used to manoeuvre the goods off the tail lift to the kerbside delivery point, therefore you understand it is only possible to unload the goods on to a hard, at and level surface, this excludes gravel, grass or slopes of any kind. If you have placed an order and the delivery point is unsuitable you must contact us as soon as reasonably possible, to arrange a more suitable delivery method.

6.6 Access to the delivery point must be on a hard road over which a vehicle can pass without sustaining or causing damage of any kind. It is your responsibility to let us know if there are any access difficulties, such as low bridges, narrow single lanes, weight limit roads, steep driveways or hills.

6.7 If a customer wishes for any vehicle to leave the public highway and enter their property or premises of delivery then the customer accepts liability for any damages caused to the property, vehicle or other.

6.8 The delivery vehicle must be able to park in the area where the delivery is to be made. If you require delivery on a red route or road that has restricted unloading it is your responsibility to inform us as soon as is reasonable possible after placing your order, and it is your responsibility for gaining any permits, if required, for stopping and unloading of your goods. It is your responsibility, in some areas of the UK, to obtain a permit from your local council to have bulk items left on the kerbside.

6.9 We reserve the right to cancel or hold any orders that we deem may suffer from potential delivery problems and you understand that delivery dates may be delayed in these instances.

6.10 You, or somebody appointed by you, should be at the delivery point to accept the delivery.

6.11 All deliveries, unless the delivery vehicle is a large brick lorry, have a 20-minute window for unloading the goods at the delivery point. If the delivery vehicle is a large brick lorry the delivery has a 60-minute window for unloading the goods at the delivery point. If the unloading is delayed the delivery may be cancelled.

6.12 We reserve the right to charge you an additional charge where: for any reason, the delivery vehicle is unable to unload at the delivery point you, or somebody appointed by you, redirects a delivery vehicle delivery cannot be made because of unsuitable access or unsuitable unloading point, or in relation to clauses 6.5 and 6.6 inadequate information was provided if the delivery cannot be completed within the delivery window, as defined in clause 6.11.

6.13 Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title of the goods passes to us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.

7. Divisibility Clause

Each delivery made hereunder:

7.1 Shall be deemed to arise from a separate contract

7.2 Shall be invoiced separately and any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein without reference to and notwithstanding any defect of default in delivery of any other instalment.

8. Cancellation

8.1 Where you are a “consumer” under a “distance contract” as (both as defined in the Consumer Protection (Distance Selling) Regulations 2000) the following clauses apply.

8.1.1 You may cancel the contract under the Distance Selling Regulations by notifying us no later than 7 working days after we deliver the goods that you are cancelling the contract, notification must be made in writing, this includes a letter or email. A phone call is not an acceptable form of notification of cancelling the contract.

8.1.2 If you cancel the contract under the Distance Selling Regulations, it is your statutory duty to take reasonable care of the goods from the time you receive them until you return them to us. Please see Clause 6.1 for advice on reasonable care.

8.1.3 If you cancel the contract under the Distance Selling Regulations you must return the goods to us at your own expense. We can arrange the collection of the goods, at your cost, in most cases the cost will be the same as the delivery price outlined in your order.

8.1.4 If you cancel the contract under the Distance Selling Regulations and do not return the goods as required, we may charge you our direct costs of recovering the goods.

8.2 Where you are a business or representing a business, we may, at our discretion, accept or reject the cancellation of any contract or the return of any goods not required. Any such cancellation or return shall be on such terms as we specify and in particular, we may charge you a collection and restocking fee.

9. Returning Goods – General

9.1 Reasonable care requires that if the goods are in a pack and banded together you do not cut or break any bands that are integral to the structure and safety of the pack. Please refer to our returns policy for more information.

10. Liability

10.1 If you notify us of a problem with the goods within 5 working days of delivery, we will (subject to clause 5) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question. If the goods ordered are facing bricks then we would only consider the goods as damaged if more than 5% of bricks were damaged or broken.

10.2 If you did not receive the goods within 30 days of the date on which you ordered them and notified us of the problem within 40 days of the date on which you ordered them, we will either make good the non-delivery; or refund to you the amount paid by you for the goods in question.

10.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clauses 10.1 and 10.2.

10.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable UK law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

10.5 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.

10.6 We can recommend installers who we know have previously installed our products, however the responsibility of the work undertaken by any installer is not the responsibility of The Brick Tile Company.

10.7 If your product is installed with any tools that are not purchased from us, then we will not be held responsible for any effect the additional materials have on our products. Our accessories have been thoroughly tested with the products, and you are responsible for any other products purchased. We are not liable for the damage incurred on our products by other materials purchased elsewhere.

11. Descriptions and Images

11.1 All descriptions and samples of goods are approximate only and are intended to serve as a guide. The company shall not be liable to the customer for their accuracy.

11.2 Whilst we always endeavour to display images of goods that accurately represent the goods, we cannot guarantee that the accuracy due to differing light levels when the photos were taken and variations in monitor settings. We recommend that you order a sample before ordering the goods you require.

12. Force Majeure

12.1 We shall not be liable for any failure to perform, or delay in performing, any of our obligations under the contract if and to the extent that the failure or delay is caused by circumstances beyond our control.

13. External Links

13.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by The Brick Tile Company

13.2 The Brick Tile Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Brick Tile Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

14. Law

14.1 If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.

Contact Us

If you have any questions about these Terms, please contact us.