Terms and Conditions of Sale
TILE CLUB’S TERMS AND CONDITIONS OF SALE
This Agreement contains the terms and conditions that apply to customers for purchases from Tile Club (hereinafter referred to as “Tile Club”). By placing an order, a customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Tile Club, and/or the Tile Club Internet Website hereinafter named the “Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions.
SCOPE OF WORK
Tile Club is not a contractor and does not perform or contract for the installation of any product. Tile Club shall not assume responsibility, nor shall it be liable for a contractor’s work or the installation of any of its products. All tile is subject to variation in shade and size. All tile measurements are nominal.
Absent any specific instructions, generally accepted industry guidelines must be adhered to, including, but not limited to, Tile Council of North America Handbook and Marble Institute of America Dimensional Stone Design Manual.
ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify Tile Club acceptance of Customer’s order, nor does it constitute confirmation of Tile Club offer to sell. Tile Club reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, product suitability to project, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Tile Club cancels Customer’s order, Tile Club shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
Prices are subject to change at any time without prior notice.
Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges.
QUOTES VIA EMAIL
Quotes can be sent via email. Once you email a request for a quote, we will send you a quote back via email. We ask that you please check the quote thoroughly. Please check the quantity, product name, finish and sizes of the products along with the shipping address. If there are any errors or changes, please email us immediately. Once you confirm the quote is correct, your order is sent to the accounting department. The order processed is what you confirm back to be correct. Please note that changes cannot be made once your order has shipped.
All orders are processed in the sequence they are received. However, we have the right to change this with or without any notice. If you decide to cancel or edit your order, you should immediately notify us via email. If you wish to cancel an order that has been processed but not shipped yet, a 15% restocking fee will be deducted from your refund.
We recommend that you plan and give ample time for the order to be delivered before your scheduled installation. It is recommended to order samples/lot pictures prior to placing an order.
CUSTOM AND SPECIAL ORDERS
Custom or special orders may not be cancelled, exchanged, or returned for any reason.
It is Customer’s responsibility to provide correct contact information that allows the shipper to contact Customer when a shipment is made. Additional storage and/or shipping charges and other warehouse charges may apply if Customer cannot be contacted, or is not available, to receive the product; or if the product is redirected upon Customer’s request.
If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Carrier, Tile Club shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Tile Club within 72 hours from the moment the shipment was delivered.
Customer should not refuse a shipment. In the event a shipment is refused, the order will incur additional shipping charges that the customer will be responsible for paying. Refused shipments are subject to return shipping costs and 15% restocking fee.
Express shipments: Cutoff time for Express shipments to ship same day is 12:00 pm PST. *Due to COVID-19, Express deliveries are not guaranteed. We do not refund express shipping costs due to a carrier failure to deliver the order on time. Please see FedEx Service Updates for more information.
Tile Club shall not be responsible for delivery delays caused by the shipping carrier, weather, pandemic, acts of God, acts of war, strikes, accidents, border/custom delays, traffic, force majeure, natural catastrophes or other delays which are beyond the exclusive control of Tile Club.
Many of the products that we ship are fragile by nature. It is not unusual to have 2% - 3% of the tile broken to some degree (e.g. chipped edges, scratches). Scratched or damaged tile can still be installed when cut. The damaged part of the tile can be discarded. Any amount up to 5% is still considered acceptable. These damaged tiles can be used for the cuts you will need to make. If breakage is above 5%, we would ask you to have it noted on the logistics receiving document and take pictures. Please make a claim with us within 72 hours of receiving the order.
An order can be returned for a credit within 90-days from the purchase date. Customer is responsible for freight costs back to the point of origin. All products approved for return will be charged a 15% restocking fee. All returns must be authorized in writing, in advance by Tile Club. A copy of the Return Goods Authorization (RMA) must accompany the return for credit to be issued. All returns must be in the original box and in new and unused condition.
For closeout sales, sample orders, and special orders, shipping charges are final and non-returnable/non-refundable.
Materials sold by full carton must be returned only by full cartons. No partial cartons will be accepted for a return.
All returns must be properly packed and insured. Tiles that returned in broken, damaged, or used condition will not be credited.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TILE CLUB DOES NOT WARRANTY ANY PRODUCT FOR ANY SPECIFIC USE OR INSTALLATION PROCEDURE OR MAINTENANCE PRACTICE. UPON PURCHASING OR INSTALLING OR USING ANY PRODUCT, BUYER WAIVES ALL CLAIMS RELATING TO THE PRODUCT, INCLUDING (BUT NOT LIMITED TO) ALL CLAIMS RELATING TO EXPRESS WARRANTIES AND/OR STATUTORY OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. TILE CLUB DISCLAIMS ALL SUCH WARRANTIES. ALL PURCHASES ARE “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS”. TILE CLUB SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE OWNERSHIP, USE, POSSESSION OR MAINTENANCE OF ANY PRODUCT BY ANY PERSON OR OTHERWISE.
TILE CLUB’S MAXIMUM LIABILITY PURSUANT TO THESE TERMS AND CONDITIONS OF SALE SHALL BE LIMITED TO AND SHALL NOT EXCEED THE CONTRACT PRICE FOR THE GOODS AND MATERIALS PAID FOR AND RECEIVED BY THE CUSTOMER. TERMS AND CONDITIONS OF SALE INCLUDED HEREIN SHALL SUPERSEDE ANY TERMS PROVIDED BY CUSTOMER VIA PURCHASE ORDER OR OTHER TYPE OF AGREEMENT.
Customer agrees to indemnify, defend and hold harmless Tile Club and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Sale or the documents they incorporate by reference, or Customer’s violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.
PRODUCT DISCLAIMER; LIMITATION OF LIABILITY
Natural stone such as marble, limestone, travertine, onyx, granite are products of nature; and no two pieces of stone are exactly alike. Every piece of stone has unique natural variations, markings, shadings, and inclusions which can include fissures, pits, open or dry seams, fossils or glass veins, and differ in regard to moisture absorption, surface finish, texture and coefficient of friction. These are not defects, but rather inherent characteristics of natural stone products, which may require periodic maintenance. All stone tiles and products should be sealed with a penetrating sealer prior to grouting to prevent the grout from staining the stone. It is further recommended that these stones be resealed as part of normal maintenance procedures.
Tile Club makes no expressed or implied warranty, for any particular use. Customer is responsible for determining slip resistance suitability and maintainability. These products inherently lack uniformity and are subject to variation in aesthetics, color, shade, size, finish, tint, hardness, strength, resistance, density, etc. All tile measurements are nominal.
Some products may be characterized by dry seams, pits, and fossils. In polished and honed stones, these pits are often filled during the manufacturing process or at the time of installation. These fills can occasionally pop out from normal wear and use. In these instances, it may be necessary to refill these voids as part of a normal maintenance procedure. Any samples submitted are with the understanding that these qualities are inherent in the nature of the product and are not to be considered latent defects. Tile Club disclaims any liabilities after installation.
We recommend that each order include a minimum of 10% overage on any tile product. For tiles 24” x 48” and larger, a minimum of 20% overage is recommended. All stone will vary from samples, and from piece to piece.
Product categories and classifications such as marble, limestone, travertine, onyx, granite are based on generally accepted industry acceptance. They do not necessarily reflect the geological composition of the material. In many cases, these materials are technically made of a different geological makeup. In addition, many stones commonly referred to as marble are geologically limestone. Products shown on the Site reflect the industry classification of products and do not necessarily reflect the geological composition. Tile Club makes no guarantee or representation of the geological composition of any stone. In addition, the category reflected on the Site, should not necessarily be used for customs classification. If the geological composition is of importance, we suggest getting the product tested by a scientific laboratory.
Natural stone requires blending, as they naturally vary from piece to piece and across different segments of your order. It is the responsibility of the installer to dry lay out all materials to obtain Customer’s approval of the blend before any tile is installed. This procedure is common practice in the installation of tile and stone and helps ensure the beauty of the finished installation. Performance of a blended dry layout of your product is a critical step in ensuring optimal results.
Tile Club strongly recommends that you discuss these blending and dry layout guidelines with your contractor and installer prior to installation.
Samples are for informational purposes only and are to be used solely as a general guide for product specification. Samples are a small piece of tile - usually 4" x 5" - to show the material, color, and finish in person. They're not meant to be installed, but to give you the chance to feel and see the designs in person. Actual full-size product furnished in a shipment may vary from the sample. Samples received are not to be considered an exact representation of products and only used as a general idea of product appearance. Tile Club assumes no responsibility for any errors or perceived misrepresentations resulting from mislabeled or inconsistent product samples. Please be advised that images and products depicted on the Site are not meant to be exact representations of product appearance and may vary significantly depending on your chosen viewing device. All samples are final sale and cannot be returned.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Tile Club. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Tile Club or purchasing Tile Club’s products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Tile Club or to purchase Tile Club’s products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Tile Club. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Tile Club used in the site are trademarks or registered trademarks of Tile Club.
CALIFORNIA PROPOSITION 65
Marble Dust. When cutting natural stone, please use common sense and be careful to protect your fingers, limbs, and anything else that a saw might cause damage to. Also, use the correct breathing equipment to protect your lungs while cutting. Products sold at Tile Club may contain chemicals, including stone dust, which are known to the State of California to cause cancer, birth defects or other reproductive harm.
In the event that a Tile Club’s product is mistakenly listed at an incorrect price, Tile Club reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Tile Club reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Tile Club shall issue a credit to your credit card account for the charged amount.
Tile Club does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Tile Club is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Tile Club reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Tile Club in its sole discretion.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and any policies or operating rules posted by Tile Club on the Site or in respect to our products and services constitutes the entire agreement and understanding between you and us and govern your purchase of products and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Tile Club (including, but not limited to, any prior versions of Terms and Conditions of Sale).
Any ambiguities in the interpretation of these Terms and Conditions of Sale shall not be construed against the drafting party.
These Terms and Conditions of Sale and any separate agreements whereby we provide you with our products and services shall be governed by and construed in accordance with the laws of the state of California.
Any suit, action, or proceeding arising out of, or relating to these Terms and Conditions of Sale must, and exclusively shall, be commenced and maintained in the Superior Court of Santa Clara County of the State of California, and each Party consents to such jurisdiction and venue. Service of process in any such suit, action, or proceeding shall be deemed sufficient and binding if served by certified mail at the addresses set forth at the beginning of this Agreement. The prevailing party in any such proceeding, or in any proceeding filed to enforce the terms of this Agreement shall be entitled to recover from the non-prevailing party its costs, including reasonable attorneys’ fees, incurred in connection with such proceeding.
Tile Club at its discretion, may run special promotions including but not limited to price reductions from time to time. Any promotional offers are only valid on the orders placed and paid for during the advertised period of such promotions and will not be honored on past purchases that have been shipped prior to the Promotion or on any future orders where a delayed shipping is required. Tile Club may cancel any Promotion at its discretion.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Tile Club's or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
In an attempt to provide increased value to our visitors, Tile Club may link to sites operated by third parties. However, even if the third party is affiliated with Tile Club, Tile Club has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tile Club. These linked sites are only for your convenience and therefore you access them at your own risk.
CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms and Conditions of Sale at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes.
Questions about the Terms and Conditions of Sale should be sent to us at info@TileClub.com.