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TERMS AND CONDITIONS OF SALE
These Terms and Conditions govern all sales of goods by Deeward Limited trading as Tile Merchant (“Tile Merchant”, “we”, “us” or “our”) to all Customers, whether Consumer or Trade. Your statutory rights under Irish and European consumer law are not affected by these Terms insofar as they cannot lawfully be excluded or limited. These Terms should be read carefully before placing any order.
1.DEFINITIONS AND CONSTRUCTION
1.1 In these Terms the following words and expressions have the following meanings:
• Company: Deeward Limited, a private company incorporated in Ireland (Registered Number 305205) with registered office at The Dockrell’s Complex, Ballymount Road Upper, Dublin 24 (“Tile Merchant”, “we” or “us”).
• Ballymount HQ: The Company’s central warehouse, logistics depot, and showroom at The Dockrell’s Complex, Ballymount Road Upper, Dublin 24. The only location at which returns, exchanges, and refund processing can be carried out, subject to the Greenogue exception.
• Greenogue Paving Yard: The Company’s dedicated outdoor paving facility and the sole location for returns and collections of outdoor paving Products.
• Satellite Showrooms: The Company’s showroom locations at Ashbourne (Co. Meath), Coolock (Dublin 17), and Deansgrange (Co. Dublin). Sales locations only, with no warehouse, logistics, or returns-processing capability.
• Customer: The purchaser of the Products, which may be a Consumer or a Trade Customer.
• Consumer: A natural person purchasing Products wholly or mainly outside their trade, business, craft, or profession, within the meaning of the Consumer Rights Act 2022.
• Trade Customer: Any entity or person (including a contractor, tiler, developer, or retailer) purchasing Products for purposes relating to their trade, business, or contracting operations.
• Installer: Any tradesperson, contractor, or individual engaged by the Customer to cut, fix, lay, grout, or otherwise install the Products, whether employed, self-employed, or engaged under any other arrangement.
• Natural Stone Products: Any product composed of or containing natural granite, marble, limestone, travertine, sandstone, or any other quarried stone.
• Products: All tiles (ceramic, porcelain, natural stone, marble, limestone, travertine, terrazzo, mosaic, metro, hexagon, pattern, large-format, wood-effect, marble-effect, brick slip, subway), mega-tiles, paving slabs, outdoor tiles, wood flooring, laminate flooring, wall panelling, stone cladding, cobblestones, artificial grass, bathrooms and sanitary ware, countertops, fireplace surrounds, adhesives, grouts, and all associated installation materials and accessories from time to time supplied by the Company. Singular includes plural and vice versa.
• Special Order Products: Any product fabricated to bespoke specifications or designated as non-standard stock, including all Bathware, Sanitary Ware, Wood Flooring, and Wall Panel ranges.
• Recommended Installation System: The installation method, fixing system, adhesive specification, substrate preparation standard, and tooling system recommended or required by the Product manufacturer for the specific Product type, including without limitation clip/levelling systems for large-format tiles, specified adhesive bed depths, and approved grout specifications.
• Site: The delivery address specified by the Customer.
• Terms: These Master Terms and Conditions of Sale as amended from time to time.
1.2 References to any legislation include any amendment, re-enactment, or extension thereof and any subordinate legislation made thereunder. All legislation references are to the laws of Ireland unless stated otherwise.
2. APPLICATION OF THESE TERMS
2.1 These Terms apply to all supply of Products by the Company to the Customer. By placing an order the Customer confirms acceptance of these Terms to the exclusion of all other terms, conditions, or representations unless expressly agreed otherwise in writing signed by a director of the Company.
2.2 These Terms are deemed accepted upon the earliest of: (a) purchase of Products; (b) notification of intention to proceed with supply; (c) payment of any invoice; or (d) written or electronic acceptance during checkout.
2.3 Where the Customer is a Consumer, nothing in these Terms limits or excludes any right that cannot lawfully be excluded under Irish or EU consumer law, including the Consumer Rights Act 2022, the Sale of Goods and Supply of Services Act 1980 (as amended), and the European Communities (Consumer Information, Cancellation and Other Rights) Regulations 2013.
2.4 Incorporation by Reference: These Terms are incorporated into every sale and order by reference. The full Terms are available at all times at www.tilemerchant.ie/terms-and-conditions and can be requested at any time by email to [email protected]. The Company is not required to reproduce these Terms in full on any individual quote, invoice, order confirmation, delivery docket, or receipt. The inclusion on any such document of the words “Subject to Terms and Conditions — see www.tilemerchant.ie/terms-and-conditions” or words of similar effect shall constitute valid and sufficient notice of these Terms and their incorporation into the contract. By proceeding with a purchase the Customer confirms they have had the opportunity to read and have accepted these Terms.
3. ONLINE PRICING AND ADMINISTRATIVE ERRORS
3.1 All prices displayed on tilemerchant.ie include VAT at the applicable rate (currently 23% for most Products) unless stated otherwise. Due to the scale of our product range, pricing errors may occasionally occur.
3.2 Where the correct price on our central system is lower than that displayed on the website, we will charge the lower price.
3.3 Where the correct price on our central system is higher than that displayed on the website, we will contact the Customer promptly and offer the option to proceed at the correct price or cancel for a full refund. We will not fulfil the order at the higher price without the Customer’s express consent.
3.4 Where a pricing error is obvious, clear, and apparent such that it could reasonably be recognised as a pricing mistake, the Company reserves the absolute right to cancel the order, void the transaction, and issue a full refund without further liability.
3.5 If we cannot contact the Customer using the details provided, the order will be treated as void and the Customer notified by email.
3.6 We strongly recommend that Customers order a minimum of 10% additional Products above the measured requirement to allow for cutting waste, breakage, batch variation, and future repairs. The Company accepts no liability for shortfalls arising from under-ordering.
3.7 Telephone processing of card details is not permitted. Payment must be made via secure online checkout, approved payment link, or cleared bank transfer.
4. SUPPLY
4.1 The Company will use its best endeavours to dispatch orders promptly. All orders are subject to Product availability. The Company shall not be liable for loss or damage caused by delays outside its reasonable control.
4.2 Where Products include a Special Order Product, the Customer is solely and exclusively responsible for verifying all on-site measurements, dimensions, thicknesses, specifications, and finishes prior to placing the order. The Company accepts no liability whatsoever for errors caused by the Customer providing incorrect, incomplete, or inaccurate information, including ordering the wrong size, finish, colour, dimensions, or specification of any Product, including shower trays, sanitary ware, or bathware. The Customer acknowledges that such errors are entirely their own responsibility and do not entitle them to a return, exchange, or refund.
4.3 Special Order Products are strictly non-returnable and non-cancellable once ordered, except where demonstrably faulty.
4.4 Tiles and Natural Stone Products are natural or semi-natural materials. Colour, tone, texture, veining, pitting, fissures, and surface irregularities within and between batches are inherent characteristics and not manufacturing defects. Customers are advised to blend tiles from multiple boxes during installation. The Customer acknowledges the provisions of Appendix A.
5. PAYMENT TERMS AND RETURN POLICY
5A. Payment
5A.1 Full payment in cleared funds is required before any order will be placed or any Products reserved, sourced, or dispatched. The Company does not accept deposits. No order for any Product, including Special Order Products, will be processed or placed with any supplier until full payment has been received and cleared. Accepted payment methods are card payment via secure online checkout, approved payment link, or bank transfer. Telephone card processing is not permitted.
5A.2 Prices exclude delivery and uplift charges, which are quoted and billed separately.
5A.3 Title to Products shall not pass to the Customer until full payment has been received and cleared.
5A.4 Late payments by Trade Customers will attract interest at the rate prescribed by the European Communities (Late Payment in Commercial Transactions) Regulations 2012 (as amended).
5B. Humm Finance
5B.1 Where the Customer elects to use Humm finance, all Products and services must be purchased at full retail price. Humm finance cannot be used in conjunction with any sale, promotion, discount, special offer, negotiated reduction, discount code, price match, or any other reduced pricing arrangement. The Customer may choose either Humm finance at full retail price, or a promotional or discounted price paid by another accepted method — not both.
5C. In-Store Purchases — No Returns or Exchanges
IMPORTANT: The Company does not accept returns, exchanges, or credits for in-store purchases under any circumstances, except where the Products are demonstrably faulty or non-conforming under the Consumer Rights Act 2022. This policy applies regardless of reason, including change of mind, ordering the wrong size, wrong specification, wrong colour, or wrong quantity.
5C.1 All in-store sales are final. The Company operates a strict no-returns, no-exchange, no-credit policy for all in-store purchases of non-faulty goods without exception.
5C.2 The Customer is solely responsible for ensuring that all Products selected in-store are of the correct size, specification, finish, colour, quantity, and suitability for the intended application before completing purchase. The Company’s staff may offer guidance but the final purchasing decision rests entirely with the Customer. Ordering the wrong size, finish, or specification — including shower trays, sanitary ware, or tiles — does not entitle the Customer to a return, exchange, or refund.
5C.3 The only remedy available for in-store purchases is where Products supplied are demonstrably faulty or not as described, in which case the Consumer’s statutory rights under clause 5F apply.
5C.4 Discretionary Returns — Restocking Charge: Where the Company, entirely at its discretion and without any obligation to do so, agrees in writing to accept a return of non-faulty goods in circumstances where no legal obligation to accept a return exists, a restocking charge of 25% of the original invoice value of the returned goods will apply and will be deducted from any credit note or refund issued. Any such agreement must be confirmed in writing by a manager of the Company before any goods are returned. The granting of a discretionary return in any particular case shall not create any precedent or expectation that the Company will agree to accept returns in any future case.
5D. Online and Telephone Orders — Distance Selling Cancellation Right (Consumers Only)
5D.1 Where the Customer is a Consumer who has purchased Products via a distance contract (online or by telephone), the Consumer has the statutory right to cancel the order and return Products without giving a reason, pursuant to the Consumer Rights Act 2022 and the European Communities (Consumer Information, Cancellation and Other Rights) Regulations 2013, subject to the following timeframes and conditions:
• Notification window: The Consumer must notify the Company of their decision to cancel within 14 calendar days of the date on which the Consumer (or a third party nominated by the Consumer, other than the carrier) takes physical possession of the Products (“Cancellation Period”). The Cancellation Period begins on the day after physical receipt of the goods.
• Return window: Following valid notification of cancellation, the Consumer has a further 14 calendar days from the date of notification to physically return the Products to the Company. Notification of cancellation does not in itself complete the cancellation — the goods must also be physically returned within this second 14-day window.
• These two windows are sequential and independent. A Consumer who notifies on day 14 of the Cancellation Period has a further 14 days from that notification date to return the goods.
5D.2 To exercise the right to cancel, the Consumer must notify the Company before the Cancellation Period expires by sending a clear written statement by email to [email protected] stating their decision to cancel, including their order reference number.
5D.3 The right of cancellation applies to the order as a whole. The Company is not obliged to accept a partial cancellation or partial return of a single order. Where a Consumer seeks to return only a portion of an order, the Company may at its absolute discretion agree to accept a partial return, in which case the restocking charge in clause 5C.4 shall apply to the returned portion, notwithstanding that the return arises from a distance contract, as the partial return falls outside the scope of the statutory cancellation right which applies to the contract as a whole.
5D.4 Following a valid cancellation of the full order:
• The Consumer must arrange and pay for the return of all Products to Ballymount HQ (or to Greenogue Paving Yard for outdoor paving products) within 14 days of notifying cancellation. The Company does not collect returned goods under any circumstances. The cost of return delivery is entirely the Customer’s responsibility.
• Products must be returned in their original, factory-sealed, completely unopened condition, with all original undamaged manufacturer’s packaging, labels, inserts, and wrapping fully intact, and fully resaleable as new stock at full retail price. Products that have been opened, used, handled beyond what is necessary to assess their nature and characteristics, damaged, or returned without original packaging will not be accepted and will be returned to the Customer at their cost. Where any box has been opened or any tile or unit removed or used, that box or unit is deemed to have been handled beyond assessment and its value will be treated as zero for the purposes of any refund calculation.
• The Company will initiate a refund of the purchase price including standard delivery charges (not supplementary delivery charges) within 14 calendar days of receiving the returned goods or proof of dispatch, whichever is earlier. Once initiated by the Company, the time taken for funds to appear in the Customer’s account is outside the Company’s control and is determined by the Customer’s card issuer and payment processor (such as Square). This process can take up to 14 working days from the date the refund is initiated. The Company accepts no liability for processing delays caused by third-party payment providers.
• The Company may reduce the refund for any diminution in value of the Products resulting from handling beyond that which is necessary to assess their nature, characteristics, and functioning. For the avoidance of doubt, opening boxes, removing tiles or units from packaging, laying, cutting, or using any Product constitutes handling beyond assessment and entitles the Company to reduce the refund by the full value of any such Product.
5D.5 The 14-day cancellation right does not apply to Special Order Products fabricated to the Consumer’s specifications, or to any Products that have been cut, modified, or installed.
5E. Returns Logistics — Location, Condition, and Operating Hours
Returns are only accepted at Ballymount HQ (all standard Products) and Greenogue Paving Yard (outdoor paving only). No other branch or showroom can accept, process, or receive returned goods. The Company does not collect returned goods from any location.
5E.1 The Customer is solely responsible for transporting returned Products to the correct location at their own cost and risk. The Company will not dispatch a vehicle to collect returned goods from the Customer’s address or any other location under any circumstances whatsoever.
5E.2 Return Locations:
• Standard tiles and all other Products: Ballymount HQ only — The Dockrell’s Complex, Ballymount Road Upper, Dublin 24.
• Outdoor paving products: Greenogue Paving Yard only. Paving returns cannot be made to Ballymount HQ or any other location.
• Satellite Showrooms (Ashbourne, Coolock, Deansgrange): These locations cannot accept, receive, or process returns, exchanges, or credits under any circumstances. Customers attending Satellite Showrooms with returns will be directed to Ballymount HQ or Greenogue Paving Yard as appropriate.
5E.3 Operating Hours for Returns:
• Ballymount HQ Warehouse: Monday to Friday 07:00–17:00 only. Returns are not accepted at Ballymount HQ on Saturdays, Sundays, or Bank Holidays. No returns, exchanges, or credits can be accepted or processed outside these hours under any circumstances (see clause 5E.5).
• Greenogue Paving Yard: Monday to Friday 08:30–17:00 only. Closed Saturdays and Sundays. No exceptions.
5E.4 Condition of Goods for Return: Products presented for return must comply with all of the following conditions without exception:
• Original, factory-sealed, completely unopened condition.
• Original, undamaged manufacturer’s packaging with all labels, inserts, and wrapping fully intact.
• Free from any damage, marks, dirt, or signs of use or handling beyond inspection.
• Fully resaleable as new stock at full retail price.
Products that do not meet all of the above conditions without exception will be refused at the Customer’s risk and returned to the Customer at the Customer’s cost.
5E.5 Saturday, Sunday, and Bank Holiday Operations — No Returns or Exchanges
The Ballymount HQ warehouse is closed on Saturdays, Sundays, and Bank Holidays. While the Ballymount showroom may open on Saturdays and Sundays for sales purposes, there are no warehouse, logistics, or administrative staff on the premises at weekends. No returns, exchanges, credits, faulty goods assessments, or refund processing of any kind can be accepted, received, or initiated on Saturdays, Sundays, or Bank Holidays, regardless of the reason for the return. Customers wishing to return or exchange goods must attend Ballymount HQ on a weekday (Monday–Friday 07:00–17:00) only.
5E.6 Absolute Exclusions — Non-Returnable Products: The following are non-returnable and non-refundable under any circumstances, except where demonstrably faulty:
• All in-store purchases (clause 5C).
• Adhesives, grouts, powders, and chemical fixing materials.
• Mega-tiles.
• Special Order Products, including all Bathware, Sanitary Ware, Wood Flooring, and Wall Panel ranges.
• Any Product that has been cut, modified, installed, or fixed to a substrate in any way.
• Clearance, ex-display, or sale-priced Products.
• Products returned without original packaging or not in fully resaleable condition.
• Free or paid sample tiles.
5F. Faulty or Non-Conforming Goods — Consumer Statutory Rights
5F.1 If Products purchased by a Consumer are faulty, not of satisfactory quality, or not as described, the Consumer has the following statutory rights under the Consumer Rights Act 2022:
• Within 28 days of delivery: The Consumer has the right to reject the goods and claim a full refund where a fault is present upon or shortly after delivery.
• After 28 days: Repair or replacement is the primary remedy. If repair or replacement is not possible, disproportionate, or takes too long, a price reduction or refund is available.
• Burden of proof: Any fault arising within the first 12 months of delivery is presumed to have existed at delivery unless the Company can demonstrate otherwise or the presumption is incompatible with the nature of the goods or the fault.
5F.2 To make a faulty goods claim, the Customer must notify the Company by email to [email protected], providing: (a) proof of purchase; (b) a clear written description of the alleged fault; and (c) clear photographic evidence of the fault sufficient to allow the Company to assess the nature and extent of the defect remotely. The Company will assess faulty goods claims on the basis of the photographic and written evidence provided. The Company does not carry out on-site inspections. If the photographic evidence provided is insufficient to establish the nature or extent of the alleged fault, the Company may request further evidence before determining the appropriate remedy. The Company’s determination of the appropriate remedy (repair, replacement, or refund) will be made on the basis of the evidence provided and in accordance with the Consumer’s statutory rights.
5F.3 Where a refund is due under this clause, the Company will initiate the refund promptly. The time taken for funds to appear in the Customer’s account depends on the Customer’s card issuer and payment processor and may take up to 14 working days from the date the refund is initiated. This delay is outside the Company’s control and the Company accepts no liability for third-party payment processing timelines.
5F.4 Faulty goods claims cannot be assessed or processed on Saturdays, Sundays, or Bank Holidays (see clause 5E.5).
5G. Administrative Hours — Refund Queries, Complaints, and Admin Matters
Refund queries, complaints, and all administrative and accounting matters can only be dealt with Monday to Friday during normal business hours. Accounting and administrative staff do not work on weekends. Customers contacting us on Saturdays or Sundays regarding refunds, complaints, or administrative queries will be responded to on the next working day (Monday).
5G.1 The Company’s accounting, administrative, and customer service functions operate Monday to Friday only. Weekend showroom staff are sales staff only and do not have access to accounting systems, refund processing, complaints handling, or any administrative functions.
5G.2 Refund queries, complaints, credit note requests, invoice queries, and all other administrative matters must be directed to [email protected] and will be dealt with on the next available working day. Statutory timeframes for refunds and remedies run from the relevant trigger date (date of return receipt or date of notification) and weekday-only processing does not affect the Company’s compliance with those statutory windows.
6. Delivery
6.1 Delivery is made by the Company’s vehicle or authorised third-party haulage to the delivery address specified by the Customer. Time shall not be of the essence for delivery. The Company accepts no liability for indirect or consequential loss, contractor or tiler down-time costs, or project delays caused by routing, traffic, or logistical constraints beyond its reasonable control.
6.2 Delivery is kerbside only. The Company’s delivery vehicles are heavy commercial vehicles equipped with mechanical crane lift (HIAB) mechanisms. Due to gross vehicle weight and risk of structural damage, the Company’s vehicles will not under any circumstances enter, drive, or reverse onto a Customer’s private driveway, laneway, lawn, or unmade ground.
6.3 Offloading is executed by mechanical crane lift from the roadside. The Company’s driver has the absolute right to determine the drop zone and will only deliver to a location deemed entirely safe, stable, and unobstructed by overhead cables, trees, walls, or parked vehicles. If the driver considers a location unsafe or inaccessible, delivery will be completed at the kerbside or nearest public highway boundary.
6.4 Apartment Blocks, Gated Developments, and Managed Premises: Where delivery is to an apartment block, gated development, managed estate, basement car park, or any other multi-occupancy or managed premises:
• Delivery will be made kerbside to the public road or entrance boundary of the development only. The Company’s driver will not enter the building, lobby, lift, stairwell, car park, or any internal area of the development under any circumstances.
• It is the Customer’s sole responsibility to arrange for a competent adult to be present at the kerbside delivery point at the agreed delivery time, with sufficient personnel and equipment to receive the consignment.
• The Customer is solely responsible for arranging onward movement of the Products from the kerbside delivery point into the building and to the final installation location. The Company accepts no responsibility for this and will not assist with or arrange such onward movement.
• If access to the kerbside delivery point is obstructed or the Customer is not present, the delivery will be aborted and a redelivery charge will apply.
6.5 Risk in the Products passes to the Customer upon completion of offloading (when Products touch the ground). The Company accepts no liability for subsequent damage to public pathways, footpaths, or kerbs arising from necessary offloading.
6.6 If a Customer requests or causes a driver to breach clause 6.2, the Customer shall fully indemnify the Company against any resulting damage to property, including cracked tarmac, broken concrete, collapsed drains, or ruptured water mains.
6.7 A competent adult must be present at the kerbside delivery point to receive the consignment. Where delivery cannot be completed due to the Customer’s absence or inaccessibility, a redelivery charge will apply. The Company will not wait at the delivery address for the Customer to arrive.
7. Inspection of Goods on Delivery — Customer Obligation
IMPORTANT: The Customer must inspect the outer packaging and visible condition of all delivered goods before the driver departs, and note any visible external damage or shortage on the delivery docket. All claims for damage or shortage must be reported in writing to [email protected] within 24 hours of delivery with photographic evidence and the delivery note number. Claims outside this window will not be accepted.
7.1 The Customer must carry out a visual inspection of the delivered consignment upon delivery. The Customer is required to:
• Verify that the number of pallets, boxes, or units delivered matches the delivery note.
• Inspect the outer packaging and visible external condition of all boxes and pallets for signs of transit damage (crushed corners, tears, moisture staining, broken strapping, crushed pallets) before signing the delivery docket.
• Note any visible external damage or shortage on the delivery docket before signing it. If the Customer signs the delivery docket without noting any damage or shortage, delivery is deemed accepted in good external condition.
• Photograph any visible damage to outer packaging or pallets at the time of delivery as contemporaneous evidence.
7.2 The driver is not required to wait while the Customer opens and inspects individual boxes or units. The Customer’s obligation at the point of delivery is to inspect the external condition and count of the consignment. Any damage to individual units discovered after the driver has departed must be reported to [email protected] within 24 hours of delivery as set out in clause 7.3.
7.3 All claims for transit damage, concealed damage, shortage, or picking errors must be notified to the Company by email to [email protected] within 24 hours of delivery. To be considered valid, the notification must include: (a) the delivery note number; (b) clear photographic evidence of the damage or defect; and (c) a description of the nature and extent of the issue. Notifications received after 24 hours, or without the required delivery note number and photographic evidence, will not be accepted.
Consumer Note: If you are a consumer, your statutory rights under the Consumer Rights Act 2022 are not extinguished solely by a failure to notify within 24 hours, subject to your obligation to mitigate loss. However, prompt notification with photographic evidence greatly assists investigation and resolution of your claim.
7.4 For Trade Customers, the 24-hour notification requirement is strict and time is of the essence. No claim will be entertained outside this window.
8. Collection of Orders
8.1 Order collections are available from Ballymount HQ only for standard Products, and from Greenogue Paving Yard only for outdoor paving Products. Collections cannot be arranged from any Satellite Showroom.
8.2 The Customer is solely responsible for ensuring that any collected Product is transported in a vehicle suitable for and capable of safely carrying the weight of the payload, and which is forklift-compatible.
8.3 Any damage, shortage, or defect in Products collected must be identified and reported to a member of Company staff at the immediate time of collection, before the Products leave the Company’s premises. Once Products are loaded and leave the premises, they travel entirely at the Customer’s risk. The Company accepts no liability for structural damage, fractures, or cracks caused by improper transit, inadequate securing, or incorrect vehicle transportation by the Customer or their agent.
8.4 Storage Fees: Where a confirmed order remains uncollected for four or more weeks from the date it was ready for collection, a storage charge of €300 per week (or part week) will accrue from the end of the fourth week. This charge represents a genuine pre-estimate of the warehousing, handling, and administrative costs incurred by the Company in storing the Customer’s order. The Customer will be notified in writing before charges begin to accrue. Continued non-collection following notice may result in the Company exercising its right to treat the order as abandoned and applying the storage charges against the purchase price paid.
9. Product Verification, Installer Responsibility, and Pre-Installation Obligations
CRITICAL: The Customer and their Installer must verify that the correct Product has been delivered, and must fully inspect all Products before installation begins. Once any Product is cut, laid, fixed, adhered, mixed, grouted, or otherwise installed in any way, it is deemed verified, inspected, and accepted. No claim for wrong product delivered, visible defects, batch mismatch, shade variation, or structural bowing can be made after installation has commenced.
9.1 Product Verification Before Installation: Before commencing any installation work, the Customer and their Installer must verify that the Products delivered are the correct products as ordered, including verifying the product reference, shade code, batch number, size, finish, and specification against the original order confirmation. The Company acknowledges that delivery errors may occasionally occur. Where an incorrect product has been delivered, the Customer must notify the Company by email to [email protected] before installation commences. Once any Product has been installed, the Customer is deemed to have verified and accepted that the correct product was delivered, and no claim for wrong product delivered will be entertained after installation has started. It is not a valid defence that the Customer was not present during installation or that the Installer installed the Products without checking them against the order.
9.2 Pre-Installation Inspection: The Customer and their Installer must carry out a full inspection of all Products before installation, including:
• Checking every tile or unit from every box for visible cracks, chips, structural bowing, colour variation outside normal batch tolerance, size discrepancies, or surface defects.
• Verifying that all Products are from the same batch/shade code where visual consistency is required.
• Confirming suitability of the Products for the intended application, including slip resistance rating (PEI rating), frost resistance, hardness, and load-bearing capacity.
• Ensuring the substrate is suitable, level, dry, and free from contamination before installation begins.
• Blending tiles from multiple boxes during installation to achieve an even aesthetic result.
9.3 Recommended Installation System: The Customer and their Installer are solely responsible for installing all Products in accordance with the Recommended Installation System for the specific Product type. This includes without limitation:
• Large-format tiles (typically 60cm x 60cm or larger) must be installed using an approved tile levelling or clip system. Installation using conventional spacers only does not comply with the Recommended Installation System for large-format tiles and will void any claim arising from lippage, cracking, or substrate failure.
• All Products must be fixed using an adhesive of the type, grade, and bed depth specified or recommended by the Product manufacturer for the specific tile type, substrate, and application.
• Grout type and joint width must comply with the Product manufacturer’s recommendations.
• Substrate preparation must meet the standards required by the adhesive and tile manufacturer for the specific application.
The Company accepts no liability whatsoever for any loss, damage, or failure arising from the use of an incorrect installation method, inadequate substrate preparation, incorrect adhesive, incorrect grout, or failure to use the Recommended Installation System. The competence and professionalism of the Installer engaged by the Customer is entirely the Customer’s responsibility. The Company makes no representation as to the suitability or competence of any Installer and accepts no liability for any loss arising from the acts, omissions, or errors of the Installer.
9.4 Installer Acceptance: By commencing installation, the Installer and Customer jointly and severally confirm that: (a) the correct Products as ordered have been delivered and verified; (b) all Products have been inspected and are free from visible defects; (c) the Products are suitable for the intended application and environment; (d) the substrate and installation conditions are appropriate; and (e) the Recommended Installation System will be followed.
9.5 No Post-Installation Claims for Visible Defects: The Company accepts no responsibility whatsoever, and will not offer any refund, replacement, or compensation, for visible faults, wrong products installed, batch mismatches, shade variations, or structural bowing once any Product has been installed. The Company is not responsible for any secondary, indirect, or consequential expenses, including the cost of de-installation, structural strip-out, adhesive or grout materials used, waste disposal, or re-installation labour costs.
Consumer Note: Notwithstanding clause 9.5, if you are a consumer and can demonstrate that a defect was latent (not visible or reasonably discoverable on pre-installation inspection), your statutory rights under the Consumer Rights Act 2022 remain available. You are strongly encouraged to photograph all Products before and during installation as contemporaneous evidence.
9.6 Natural Stone Products (including marble, limestone, travertine, sandstone, and granite) are quarried from the earth. Veining, colour variation, pitting, fossils, fissures, and surface irregularities are inherent characteristics of genuine natural stone and not manufacturing defects, and do not render the Products non-conforming.
10. Limitation of Liability
10.1 Nothing in these Terms limits or excludes the Company’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot lawfully be excluded under Irish or EU law.
10.2 Subject to clause 10.1 and to consumer rights that cannot lawfully be excluded:
• The Company’s total aggregate liability in respect of any claim or series of related claims shall not exceed the total price paid by the Customer for the Products giving rise to that claim.
• The Company shall not be liable for any indirect, special, or consequential loss, loss of profit, loss of business, loss of revenue, loss of goodwill, loss of anticipated savings, or wasted overheads, howsoever arising and whether or not the Company was advised of the possibility of such loss.
• The Company shall not be liable for the cost of labour, adhesive, grout, underlay, or any other materials or work in connection with the installation of Products where the claim relates to a defect that was, or ought reasonably to have been, apparent on pre-installation inspection.
• The Company shall not be liable for loss or damage arising from the Customer’s or Installer’s failure to inspect Products or verify the correct product before installation.
•The Company shall not be liable for natural variations in colour, texture, tone, veining, or surface characteristics in Natural Stone Products or wood products, which are inherent product characteristics.
• The Company shall not be liable for any loss arising from the Customer’s error in ordering incorrect sizes, dimensions, specifications, finishes, or quantities of any Product.
• The Company shall not be liable for any loss, damage, or failure arising from the use of an incorrect or non-recommended installation method, inadequate substrate preparation, or the incompetence or negligence of the Installer.
10.3 For Trade Customers, all implied terms as to satisfactory quality, fitness for purpose, and conformity with description are excluded to the fullest extent permitted by law. Trade Customers rely on their own professional expertise in selecting and installing Products.
11. Indemnity
11.1 The Customer agrees to fully indemnify, keep indemnified on a continuing basis, defend (at the Company’s request), and hold harmless the Company and its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, actions, proceedings, losses, damages, costs, and expenses (including legal costs on a solicitor and own client basis) arising from or in connection with: (a) any breach by the Customer of these Terms; (b) any negligent or wrongful act or omission of the Customer, their employees, agents, or Installer; (c) any damage to property (including public roads, footpaths, drains, or utilities) arising from a breach of clause 6.2 or from the Customer’s direction to the Company’s driver; or (d) any claim by a third party (including the Installer or end user) arising from the Customer’s failure to comply with these Terms.
11.2 This indemnity shall survive termination or expiry of any contract between the parties and shall not be limited by any other provision of these Terms.
12. Data Protection
12.1 The Company is a data controller within the meaning of the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and the Data Protection Acts 1988 to 2018. The Company processes personal data provided by the Customer solely for the purposes of order processing, delivery, customer service, and, where consent has been given, marketing communications.
12.2 The Company’s Privacy Policy, available at www.tilemerchant.ie, sets out in full the basis on which personal data is collected, processed, stored, and shared. Customers are encouraged to read the Privacy Policy before placing an order.
12.3 The Company will not sell, rent, or otherwise transfer personal data to third parties except as necessary for order fulfilment (including delivery partners and payment processors) or as required by law.
13. Governing Law, Jurisdiction, and Dispute Resolution
13.1 These Terms and any contract formed under them are governed by and shall be construed exclusively in accordance with the laws of Ireland. The parties hereby irrevocably submit to the exclusive jurisdiction of the Irish courts in respect of any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims), save that the Company reserves the right to bring proceedings against a Customer in any court of competent jurisdiction.
13.2 Consumers may refer unresolved complaints to the Competition and Consumer Protection Commission (CCPC) at www.ccpc.ie. Consumers may also have the right to use the European Commission’s Online Dispute Resolution platform at http://ec.europa.eu/odr for disputes arising from online purchases. Complaints should in the first instance be directed to [email protected] or 01-2337819.
13.3 Nothing in these Terms prevents either party from seeking urgent injunctive or other equitable relief from any court of competent jurisdiction.
14. General Provisions
14.1 Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall continue in full force and effect.
14.2 Waiver: No failure or delay by the Company in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
14.3 Entire Agreement: These Terms, together with any order confirmation issued by the Company, constitute the entire agreement between the parties in relation to their subject matter and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to that subject matter.
14.4 Variation: No variation of these Terms shall be effective unless agreed in writing and signed by a director of the Company. No oral statement, representation, or agreement by any employee or representative of the Company shall vary or supplement these Terms.
14.5 Amendment by the Company: The Company may update these Terms from time to time. The version of these Terms in force at the date an order is placed shall govern that order. Current Terms are always published at www.tilemerchant.ie/terms-and-conditions.
14.6 Assignment: The Customer may not assign, transfer, subcontract, or deal in any other manner with any of its rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these Terms to any group company or in connection with any sale or transfer of the business.
14.7 Third Party Rights: These Terms do not give rise to any rights in favour of third parties (including the Installer or any end user of the Products) under the Contracts (Rights of Third Parties) Act or otherwise.
14.8 Force Majeure: The Company shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, civil unrest, government action, industrial action, or failure of third-party supply chains or transport networks.
APPENDIX A — Natural and Inherent Characteristics of Products
The Customer acknowledges and agrees that the following provisions apply to each Product category listed below. These characteristics are inherent in the Products and do not constitute defects, faults, or grounds for return, refund, or compensation.
A.1 Tiles
The Company accepts no liability in respect of tile Products once affixed or installed (see clause 9). The Customer is solely responsible for ensuring possession of tiles in the desired shade/batch and in sufficient quantity, as the Company does not guarantee future stock availability. Samples are indicative only and may not be identical to current production stock.
A.2 Natural Stone Products (Marble, Limestone, Travertine, Sandstone, Granite)
Natural Stone Products are quarried from the earth and are not manufactured to uniform specifications. Variations in colour, tone, veining, thickness, pitting, fossils, fissures, and surface texture between and within batches are inherent characteristics of genuine natural stone. Such characteristics are to be expected, do not constitute manufacturing defects, and do not give rise to any right of return, refund, or compensation.
A.3 Wood Flooring
Wood is a natural material. Variations in colour, grain, and knotting are inherent in all wood products. The Customer acknowledges that such variations are expected characteristics of natural wood and not defects.
A.4 Paving
Natural Stone paving products are subject to variations in colour and thickness inherent in quarried stone. These variations do not constitute a flaw or defect in the Product.
A.5 Sanitary Ware and Bathware
The Customer is solely responsible for confirming all desired dimensions, finishes, and specifications prior to order confirmation. No returns or exchanges will be accepted for sanitary ware or bathware items except where demonstrably faulty. Ordering the incorrect size, finish, or specification, including shower trays, is entirely the Customer’s responsibility and does not entitle the Customer to a return, exchange, or refund.
A.6 Wall Panelling (Interior and Exterior Ranges)
Wall panel products are engineered composite materials. Variations in surface texture, shade, and finish between production batches are normal and are not manufacturing defects. In the case of the Company’s exterior wall panel range, the panels are produced by an extrusion process using a composite material that incorporates black pigmentation within the substrate. This black pigmentation is an inherent and intentional characteristic of the extrusion process and is used to replicate the natural appearance of real wood grain. The presence of black colouring, streaking, or pigment variation within or on the surface of exterior wall panels is not a manufacturing defect, is not indicative of damage or inferior quality, and does not constitute grounds for return, refund, or compensation. Customers should be aware of this characteristic before purchase. The Customer is responsible for ensuring that wall panelling is ordered in sufficient quantity in a single order to complete the installation, as batch and shade variations between separate orders cannot be guaranteed to match.
A.7 Artificial Grass
The following characteristics are inherent in artificial grass products and are not defects:
• Creasing: Artificial grass may exhibit creasing when in rolled form due to the molecular structure of the material. Such creases will naturally fall out within three months of delivery or installation and do not constitute a defect.
• Seams: Seam visibility is an inherent characteristic of artificial grass installation. The responsibility for minimising seam visibility rests entirely with the Installer. The Company accepts no responsibility for visible seams following installation, which is a matter of Installer skill and technique and not a Product defect.
• Pile direction: Artificial grass has a directional pile and must be laid with all sections running in the same direction to achieve a consistent appearance. It is entirely the Installer’s responsibility to ensure that all sections of grass are laid in the correct and consistent direction. Failure to do so is an installation error and not a Product defect, and will not give rise to any claim against the Company.
• Roll widths and shade matching: The Company supplies artificial grass in 2-metre and 4-metre roll widths. Although these rolls carry the same product reference, differences in the manufacturing process mean that 2-metre and 4-metre rolls of the same product will not match each other exactly in pile depth, shade, or texture. Customers requiring a consistent appearance across an installation must select and order a single roll width only. The Company accepts no liability for shade or texture discrepancies between different roll widths.
• Shade consistency between orders: To guarantee shade consistency, all artificial grass for a single installation must be ordered at the same time and from the same production batch. The Company cannot guarantee that a subsequent order will match an earlier order, even if the same product reference is used, as production batches may vary. The Customer is solely responsible for ordering sufficient quantity in a single order to complete the entire installation.