1 · Scope & agreement
Who these terms apply to
These Terms & Conditions apply to orders for products and services placed with TM Interiors Limited through our website, by telephone, by email or by another agreed method.
By placing an order with us, you confirm that you have had the opportunity to read these terms and agree that, if we accept your order, the resulting contract will be governed by them.
By accessing or using this website you also agree to the provisions of these terms that relate to website use, intellectual property and electronic communications. Merely browsing the website does not itself create a contract to buy goods or services from us.
Consumer or Business Customer?
A Consumer is an individual buying wholly or mainly for purposes outside their trade, business, craft or profession.
A Business Customer is a person, company, partnership, sole trader, designer, architect, developer, contractor or other organisation buying wholly or mainly for business, professional or trade purposes.
The general parts of these terms apply to both. Where a clause is headed Business & Trade Customers, that clause applies only to Business Customers. Consumer statutory rights are not reduced by the Business Customer provisions.
Order-specific information
Product descriptions, specifications, options, measurements, lead times and other information expressly agreed as part of an accepted order may form part of the contract. Where an expressly agreed order-specific term conflicts with these general Terms & Conditions, the expressly agreed order-specific term will take priority to the extent of that conflict.
2 · About us
Who you are buying from
TM Interiors Limited is a company registered in England and Wales.
Company number: 07428107
Registered office: 41 Culley Court, Orton Southgate, Peterborough, England, PE2 6WA
VAT number: GB09411932
Telephone: 01733 230499
Email: info@tm-interiors.co.uk
If we need to contact you about an order, we may use the telephone number, email address or postal address supplied when you ordered or contacted us.
3 · Our contract with you
When an order becomes a contract
Products and services displayed on our website, in catalogues or newsletters are generally an invitation for you to place an order rather than an offer capable of immediate acceptance. When you submit an order online, by telephone or by email, you are offering to buy the relevant product or service from us.
Where we provide a quotation, an order placed against that quotation is also subject to our acceptance unless the quotation expressly states otherwise.
We will normally acknowledge receipt of your order. An acknowledgement of receipt, order number, payment receipt or automated email confirming that we have received your order does not, by itself, constitute acceptance of your order.
For standard goods, acceptance normally takes place when we confirm that the goods have been despatched or are ready for collection.
For services, made-to-measure, bespoke and trade orders, acceptance takes place when we expressly confirm that we have accepted the relevant order or accepted it for manufacture or performance.
Different products or services within the same order may be accepted separately.
If we cannot accept an order
If we cannot accept all or part of an order, we will tell you and refund any amount already taken for the part we cannot supply.
Reasons may include supplier availability, a discontinued product, territorial restrictions, a genuine pricing, calculation, configuration, product-data, discount, promotional, technical or description error identified before acceptance, or our inability to meet an expressly agreed requirement.
Information required from you
We may need additional information from you to fulfil an order, including delivery details, measurements, specification choices or information required for international shipping. We are not responsible for delay caused by your failure to provide complete and accurate information within a reasonable time.
If a problem arises after acceptance
If, after accepting an order, circumstances outside our reasonable control or an unexpected supplier issue mean that we cannot supply an item as agreed, we will contact you as soon as reasonably possible. Where appropriate, we may offer an alternative, revised timescale or cancellation and refund of the affected part of the order.
Nothing in this paragraph removes any statutory rights available to a Consumer.
4 · Products & availability
Supplier stock, descriptions & product characteristics
We do not generally hold stock of all products shown on our website. Many products are ordered from the relevant manufacturer or supplier after your order is placed and some products may be supplied directly by them.
We take reasonable care with product descriptions, specifications, prices and images, but manufacturer information, specifications and availability can change.
Product images are illustrative and screens, photography and lighting conditions cannot reproduce every colour, texture, material or finish precisely.
We recommend ordering samples where available. Samples are indicative rather than a guarantee of an exact match. Shade, texture and appearance can vary between manufacturing or dye batches and natural materials can contain inherent variation, slubs and weave characteristics which are not necessarily defects.
Where products need to match, order the full quantity required at the same time wherever possible. Dimensions, product widths, pattern repeats and other manufacturer measurements may be approximate and reasonable manufacturer, workroom and industry tolerances may apply.
Suitability & intended use
You should ensure that a product is suitable for its intended use before ordering. Where performance, abrasion, fire-retardancy, contract use, outdoor use or another technical standard is important, please tell us before ordering so that available manufacturer information can be checked.
Product suitability for ordinary domestic use does not necessarily mean that the same product satisfies requirements applying to a commercial, hospitality, contract or other specialist installation.
If availability, a particular specification or a delivery deadline is important, please contact us before ordering and we will do our best to check the current supplier position.
5 · Pricing & payment
Prices, VAT, pricing errors & payment
The price shown at checkout forms part of the order you submit to us. If we accept your order without notifying you of a genuine pricing or calculation error, that will normally be the price payable for the accepted item, unless a different price is expressly agreed with you or a change is required by law.
Consumer-facing website prices include VAT where applicable unless clearly stated otherwise. Trade quotations may show prices excluding VAT, in which case VAT will be added at the applicable rate.
Pricing, calculation & technical errors
We take reasonable care to ensure that our prices, discounts, product information and automated calculations are correct. However, genuine errors can occasionally occur, including errors arising from product data, website configuration, automated calculators, imported data, promotional settings, discount settings or other technical systems.
If, before accepting an order, we identify a genuine pricing, calculation, configuration, product-data, discount, promotional, technical or description error which has affected the price or specification of an item, we will not accept the order on the erroneous basis.
Where possible, we will contact you to explain the error and give you the option of proceeding at the corrected price or specification.
If the correct price is lower than the price submitted, we will charge the lower amount or refund the appropriate difference.
If the correct price is higher, you may choose whether to proceed at the corrected price. If you do not wish to proceed, or if we are unable to contact you within a reasonable time, we will cancel the affected item and refund in full any payment already received for it.
Nothing in this clause affects any right or remedy that either party may have under applicable law where an error is discovered after a contract has already been formed.
Payment
Payment is normally taken when an order is submitted because many products are ordered specifically from our suppliers. Taking payment does not, by itself, constitute acceptance of an order.
Some bespoke, service or trade orders may instead be subject to a deposit, staged payment, pro-forma invoice or agreed credit terms. Any different payment arrangement will be set out in writing.
Promotions, discount codes & cashback
Promotional codes, newsletter offers, sale prices and other discounts are subject to the eligibility conditions and exclusions stated with the relevant promotion.
Unless the relevant promotion expressly states otherwise, a promotional discount does not automatically apply to products already reduced or subject to another promotion.
If a discount or promotional benefit is applied because of a genuine technical or configuration error contrary to the stated terms of the promotion, the pre-acceptance error provisions above will apply.
Cashback, rewards or other benefits offered through a third-party cashback, affiliate, payment or reward provider are governed by that provider's own terms and do not alter the price charged by TM Interiors unless we expressly state otherwise.
Cancellation, return or refund of an order may affect eligibility for a third-party reward in accordance with that provider's terms.
6 · Delivery & collection
Receiving your order
Delivery charges, available destinations and applicable surcharges are shown on the website, at checkout or confirmed as part of your order.
Our standard UK mainland delivery aim is approximately 3–5 working days unless a different lead time is shown on the relevant product page, at checkout or agreed with you.
The standard 3–5 working day delivery aim does not necessarily apply to sample orders, made-to-measure products, bespoke goods, products in production, supplier special orders or other products for which a different lead time is stated.
Delivery and completion dates are estimates unless we expressly agree in writing that a particular date is fixed. If a particular delivery or completion date is essential, please tell us before ordering.
We commonly use UPS, although other couriers, manufacturers or suppliers may deliver directly where appropriate. Tracking information will be provided where available.
An order containing several items may arrive in more than one delivery, particularly where products or samples are being supplied by different manufacturers or suppliers.
Collection
Where collection has been agreed, products may be collected from our Peterborough premises by prior arrangement during our current opening hours: Monday–Friday, 10:00am–4:30pm, excluding public holidays. Saturday and Sunday are closed.
Missed delivery or collection
If delivery or collection cannot be completed for reasons within your control, we may charge reasonable additional delivery, return, storage or redelivery costs that we actually incur.
Nothing in this section removes any statutory Consumer rights relating to late or undelivered goods. See our Delivery Information for current delivery charges, timings, sample postage, destination surcharges and express-delivery arrangements.
7 · Risk & ownership
When responsibility and title pass
For a Consumer, risk in goods normally passes when the goods are delivered into your physical possession or into the possession of a person identified by you to receive them, except where applicable law provides otherwise.
Where you independently appoint a carrier who was not offered or arranged by us, risk may pass at a different point where permitted by law.
Ownership of goods does not pass until we have received payment in full for those goods and any amount that forms part of the same contract, unless we expressly agree otherwise in writing.
A Business Customer receiving goods before full payment must, so far as reasonably practicable, keep unpaid goods identifiable as goods supplied by TM Interiors and must not dispose of them outside the ordinary course of business unless we have agreed otherwise.
Nothing in this clause creates a right for us to enter premises without lawful authority or restricts rights that cannot lawfully be restricted.
8 · Samples & product variation
Colour, pattern, batches & sample supply
We recommend viewing a sample where available before placing a larger order, particularly for fabric, wallpaper, paint and other products where colour, texture, pattern scale and finish are important.
Samples are indicative rather than a guarantee of an exact match. Separate orders may come from different manufacturing or dye batches and may vary in shade, texture or finish.
Fabrics may contain natural weave irregularities, slubs or other inherent characteristics which are not necessarily defects. Natural products and handmade materials may show variation between pieces.
Made-up soft furnishings may contain seams and joins required by their construction, and folding or packaging may create temporary creasing.
Sample availability, size & delivery
We do not generally hold sample stock ourselves. Samples are requested from the relevant manufacturer or supplier and are therefore subject to supplier availability.
Sample prices vary by brand and supplier. The current price for each sample and any applicable sample postage are shown when ordering and confirmed at checkout.
Fabric sample sizes vary by supplier but are generally approximately 10cm × 10cm. Wallpaper samples can range from approximately A6 to A4 size. Samples are intended primarily to help assess colour, texture and finish and may not display a complete pattern repeat.
Where an order contains samples from several brands or suppliers, samples may arrive separately. For larger sample orders containing products from several brands or suppliers, please allow approximately 10–14 days for all samples to arrive.
If an individual supplier is unable to provide a sample that you have ordered, we will contact you and refund the amount paid for the unavailable sample where applicable.
Returnable samples are no longer normally available by post. A larger returnable-sample service may sometimes be available through our interiors showroom, subject to supplier availability and a separate charge.
See our Sample Service page for current information.
9 · Made to measure
Bespoke products & customer measurements
Made-to-measure products are manufactured specifically for an order using the measurements, options, fabrics, finishes and other specifications selected or agreed with you. This can include curtains, Roman blinds, headboards, cushions, pelmets and other bespoke furnishings.
Made-to-measure and bespoke orders are reviewed before acceptance. The review may include specification, measurements, material suitability and availability, product data and calculation accuracy.
An automated acknowledgement that we have received your order, or the taking of payment when an order is submitted, does not mean that the order has been accepted for manufacture.
If anything requires clarification or correction during that review, we will contact you before accepting the affected order for manufacture. Where a genuine pricing or calculation error is identified, section 5 applies.
Measurements supplied by you
If we manufacture a product using measurements supplied by you, you are responsible for ensuring that those measurements are complete, accurate and appropriate for the intended installation.
We may provide measuring guides or general guidance, but where you choose to measure yourself the final measurements supplied remain your responsibility.
If inaccurate or incomplete customer-supplied measurements result in additional materials, remanufacture, alteration or work being required, we may charge the reasonable additional cost where appropriate.
Manufacturing characteristics & tolerances
Made-to-measure furnishings are individually manufactured and reasonable workroom, manufacturer and industry tolerances may apply. Construction may require seams, joins, pattern positioning and other features appropriate to the material, dimensions and selected heading or finish.
Changes after acceptance
Once an order has been accepted and production or supplier ordering has begun, changes may not be possible or may involve additional cost. We will tell you before proceeding where a requested change materially affects price, specification or timing.
10 · Measuring & installation
Services at your property
TM Interiors provides product-led interior furnishing and decoration assistance, measuring, made-to-measure manufacture and curtain or blind installation for suitable projects.
Where we or a fitter appointed by us attend your property, you must provide safe and reasonable access at the agreed time and tell us in advance about known access restrictions, hazards or conditions likely to affect the work. An adult aged 18 or over must be present where reasonably required.
If an appointment cannot proceed because access is unavailable or the site is not reasonably ready for the agreed service, we may charge a reasonable amount for the wasted visit and additional costs of rearranging the work.
Where TM Interiors measures
Where TM Interiors provides a measuring service, we will perform that service with the reasonable care and skill required by law.
Measurements are based on the site conditions reasonably visible and accessible at the time of measuring. You should tell us if building work, flooring, plastering, window replacement, track or pole changes or any other alteration takes place after measurement and before manufacture or installation, as this may affect the specification.
Manufacturer instructions
You and anyone installing products supplied by us should read and follow the applicable manufacturer's instructions, including instructions relating to preparation, adhesives, installation, inspection, cleaning, care and use.
Independent decorators, installers & upholsterers
Where you appoint your own decorator, installer, upholsterer or other contractor independently of TM Interiors, that contractor is responsible for their own workmanship, preparation, installation methods and compliance with the applicable manufacturer instructions.
We are not responsible for defective or inappropriate work carried out by an independently appointed contractor, except to the extent that any loss is caused by faulty goods supplied by us or by another matter for which we are legally responsible.
Further inspection requirements for wallpaper, wallcoverings, fabrics and other materials are set out in section 13.
11 · Changes & cancellation
If you want to change or cancel an order
Contact us as soon as possible if you want to change or cancel an order. We will tell you whether the requested change is possible and whether it affects price, specification or delivery.
Consumers — standard goods bought at a distance
Where the statutory change-of-mind cancellation right applies to goods purchased online, by telephone or by email, a Consumer can normally cancel from the time the contract is made until 14 days after receiving the goods. The applicable legal period may differ in some circumstances, including where goods forming one order are delivered separately.
After notifying us of a statutory cancellation, you must normally return the goods within the further period required by law.
Made-to-specification, cut-to-order & personalised goods
The statutory change-of-mind cancellation right does not apply to goods made to your specifications or clearly personalised.
This includes made-to-measure curtains, Roman blinds, headboards, cushions, pelmets and other furnishings manufactured specifically to your measurements or specification.
It also includes fabric, trimmings, wallcoverings and other materials sold by the linear metre or another customer-selected measurement where the quantity ordered is cut specifically to the length or dimensions requested by you.
TM Interiors does not generally hold pre-cut lengths of these materials. Where, for example, you order 3.5 linear metres of fabric or wallcovering, the quantity is ordered and cut specifically to that measurement for your order. It is not a standard pre-packed 3.5 metre product held in stock.
Where the customer-selected measurement determines the length or quantity cut from the supplier's roll, the material is supplied to that customer specification and cannot normally be returned simply because you later change your mind.
Products mixed, manufactured or otherwise prepared specifically to your selected specification, including certain made-to-order products and specially mixed paints, may also fall within the made-to-specification or personalised-goods exception.
Once a made-to-measure, cut-to-order, personalised or otherwise made-to-specification item has been accepted and cutting, manufacture, mixing or supplier processing has begun, cancellation is not normally available merely because you have changed your mind.
Where the statutory change-of-mind right does not apply, we may nevertheless agree a discretionary cancellation if the supplier or workroom is able to accommodate it. Any supplier, workroom, handling, restocking, return-carriage or other reasonable cost will be explained before a discretionary cancellation is agreed.
Nothing in this section affects your statutory rights if goods are faulty, not as described or otherwise fail to conform to the contract.
Services
Where a Consumer has a statutory cancellation right for a service and asks us to begin providing that service during the cancellation period, the Consumer may be required to pay for the proportion of the service supplied before cancellation where permitted by law and where the required request or consent has been given.
Where a service has been fully performed within the cancellation period following the Consumer's express request and the other legal requirements have been satisfied, the statutory cancellation right may cease.
Purchases made at our premises
There is no automatic statutory right to return a product bought in person simply because you have changed your mind. We may nevertheless offer a discretionary or supplier-approved return where possible.
Nothing in this section removes or restricts any statutory Consumer right that cannot lawfully be excluded.
12 · Returns & refunds
Change-of-mind and discretionary returns
Where a Consumer has a legal right to cancel a distance-sale order, please tell us within the applicable cancellation period and return the goods within the period required by law.
Unless goods are faulty, misdescribed or we agree otherwise, you are normally responsible for the direct cost of returning goods following a change of mind where this has been disclosed to you.
Goods should be packaged securely and appropriately for transport. Original packaging is helpful and should be used where practical, particularly for fragile goods, but a Consumer's statutory cancellation right is not made dependent solely upon retaining original packaging.
Where the law permits, we may make an appropriate deduction from a change-of-mind refund if goods have been handled beyond what is reasonably necessary to establish their nature, characteristics and functioning and their value has consequently been reduced.
Where required by law, a refund will include the cost of our standard outbound delivery option. If you chose a more expensive delivery method, the additional amount above the standard delivery cost does not normally have to be refunded.
Refunds will be made within the applicable statutory period and normally by the same payment method used for the original transaction unless another permitted method is agreed.
Fabric, trimmings & cut-to-order materials
Fabric, trimmings, wallcoverings and similar materials ordered by the linear metre or another customer-selected measurement are cut specifically to the quantity ordered.
For example, where you order 3.5 linear metres, the supplier cuts and allocates a 3.5 metre length specifically for your order. TM Interiors does not normally hold that cut length as general stock and another future customer may not require the same quantity.
Where material has been cut specifically to the measurement ordered and is therefore supplied to your specification, the normal statutory change-of-mind cancellation right does not apply to that cut-to-order product.
These products therefore cannot normally be returned simply because you have changed your mind.
We may nevertheless, at our discretion, ask the manufacturer or supplier whether it is willing to accept a return. Any such return is subject to supplier approval and may be subject to minimum return quantities, batch requirements, condition requirements, return carriage and reasonable supplier handling or restocking charges.
We will explain any applicable charges or supplier requirements before a discretionary return is authorised.
Please do not return fabric, trimmings, linear-metre wallcoverings or another supplier-direct cut item without our prior written authorisation, as the supplier may require it to be returned to a particular location.
This section does not affect your statutory rights where goods are faulty, not as described or otherwise fail to conform to the contract.
Wallpaper & batch-sensitive goods
Standard factory-produced wallpaper rolls bought at a distance remain subject to the applicable statutory cancellation rules unless another statutory exception applies.
This is different from wallcovering supplied by the linear metre or cut specifically to the customer-selected quantity, which is dealt with under the cut-to-order provisions above.
We do not normally accept individual surplus wallpaper rolls from a larger completed order as a discretionary return. Wallpaper is ordered specifically from our suppliers and is supplied in manufacturing batches; an isolated surplus roll may not be suitable for fulfilment of another customer's future order.
Where a supplier is willing to accept a discretionary return of standard wallpaper rolls, the supplier may require a minimum quantity or the full unused order and may impose batch, condition, carriage, handling or restocking requirements.
We will explain those conditions before a discretionary return is authorised.
Cut-to-length wallcoverings and paint mixed specifically to a chosen colour or specification are dealt with under the made-to-specification and cut-to-order provisions above.
This discretionary-return policy does not override statutory rights that apply to a Consumer's purchase.
See our Returns & Refunds Policy for operational return instructions and the current return address.
13 · Faulty or damaged goods
Please inspect goods before cutting, hanging or installation
Please inspect products as soon as reasonably practicable after delivery and before cutting, altering, hanging, fitting or installing them.
If you believe an item is faulty, damaged in transit, incorrect or not as described, contact us as soon as reasonably possible with your order number and details of the problem.
Photographs, product labels, batch numbers, packaging and details of the installation may be required to help us investigate the issue with the manufacturer, supplier or courier. Please retain these while a complaint is being investigated.
We may liaise with a manufacturer or supplier to investigate a complaint, but doing so does not remove any statutory rights a Consumer may have against TM Interiors as the retailer.
If a possible fault or irregularity becomes apparent while a product is being cut, hung, fitted, installed or used, stop work as soon as reasonably possible and contact us before using further material.
Wallpaper & wallcoverings
Before cutting or hanging wallpaper or wallcovering, you or your installer should:
- check that the product, design, colour, quantity and batch references correspond with the order;
- inspect the material for visible damage, printing, surface or colour irregularities;
- read and follow the manufacturer's applicable hanging instructions;
- use wall preparation, adhesive and installation methods suitable for the particular wallcovering; and
- retain product labels and batch information until the installation has been completed and checked.
Unless the manufacturer's instructions require an earlier or more stringent inspection, no more than the first three drops or lengths should initially be hung before work is paused and the installation carefully inspected.
The initial installation should be checked for visible issues including colour or shade variation, printing or surface defects, pattern consistency and the overall appearance of the installed wallcovering.
Appropriate checks should also be made when starting each new roll, panel or batch.
If a fault, irregularity or other concern is visible during the initial inspection or becomes apparent at any later stage, stop hanging immediately and contact us before cutting or hanging further material.
Continuing to install further material after a visible problem has become apparent, or after a problem should reasonably have been identified during the initial inspection, may affect a claim for additional material, decorating or installation costs to the extent that those additional costs could reasonably have been avoided.
The three-drop inspection requirement does not remove or restrict statutory rights relating to a defect which could not reasonably have been identified during those checks.
Where manufacturer-specific instructions are more detailed or require an earlier inspection or cessation of work, those instructions should also be followed.
Fabrics, trimmings & other materials
Before cutting, treating, upholstering or otherwise altering fabric, trimming or another material, check that the product, colour, design, quantity and batch are correct and inspect the material for visible faults or irregularities.
If a possible defect becomes apparent after work has begun, stop before cutting, altering or using further material where reasonably possible and contact us as soon as possible.
Where a possible defect may affect a batch, we may reasonably ask you to retain and make available the remaining goods, labels, packaging and batch information while the issue is investigated.
Installation, decorating & additional costs
If goods supplied to a Consumer are faulty, damaged, misdescribed or otherwise do not conform to the contract, the Consumer retains the remedies available under applicable consumer law.
Any claim for additional losses such as reasonable installation, decorating, removal, re-hanging, labour or wasted-material costs will be considered according to the circumstances and applicable law.
Relevant matters may include whether the costs were reasonably incurred, whether they resulted from a fault for which we are legally responsible, whether applicable manufacturer and inspection instructions were followed, when the problem became or should reasonably have become apparent, and whether further costs could reasonably have been avoided once the problem was identified.
We are not responsible for additional installation, decorating, labour, removal, re-hanging or wasted-material costs to the extent that those costs were caused or increased by continuing work after a visible issue had become apparent or could reasonably have been avoided by following the inspection and stop-work requirements above.
This does not exclude or restrict any Consumer right or remedy which cannot lawfully be excluded or restricted.
Consumer remedies
Consumers retain the remedies provided by applicable consumer law for goods which are faulty, not as described, not fit for purpose or otherwise fail to conform to the contract.
These can include, where the relevant legal requirements are met, the short-term right to reject, repair or replacement, a price reduction or a final right to reject.
Nothing in these terms imposes a shorter notification deadline that replaces a Consumer's statutory rights.
14 · Business & trade customers
Additional terms for B2B orders
This section applies only where you are buying wholly or mainly for purposes relating to your trade, business, craft or profession. It applies whether the order is placed through the website, by email, by telephone, through a trade account or by quotation.
Consumer cancellation rights do not apply
A Business Customer does not receive consumer cooling-off or change-of-mind rights merely because an order was placed through our consumer-facing website. Once a Business Customer's order has been accepted, it may only be cancelled, amended or returned with our written agreement unless another contractual or legal right applies.
Where we agree a discretionary business cancellation or return, we may require payment of reasonable costs and losses actually incurred, including supplier cancellation, restocking, handling, manufacturing, collection and return-carriage charges. Bespoke, cut, mixed and made-to-order products may not be cancellable once production or supplier processing has begun.
Trade prices, discounts & quotations
Trade prices, discounts and account terms may be reviewed from time to time.
Unless a quotation expressly states that a price is fixed for a specified period, the price and discount applicable to an order are those confirmed when we accept that order. A later change to our general trade pricing does not retrospectively alter an already accepted contract unless the parties agree the change.
Trade credit & late payment
Unless written credit terms have been agreed, payment is due as stated on the order, quotation, pro-forma invoice or invoice. Where credit terms are agreed, payment must be made by the stated due date.
If a Business Customer fails to pay a qualifying commercial debt when due, we reserve the right to claim statutory interest, fixed compensation and reasonable debt-recovery costs available under the Late Payment of Commercial Debts (Interest) Act 1998 and related legislation, as amended from time to time.
Invoice disputes
A Business Customer should notify us promptly in writing if it genuinely disputes an invoice, identifying the invoice, the amount disputed and the reason. Any undisputed amount remains payable by its due date.
The parties should act reasonably and in good faith to resolve a genuine invoice dispute.
Inspection & notification
Business Customers must inspect goods promptly after delivery and notify us in writing as soon as reasonably practicable of shortages, transit damage or defects reasonably apparent on inspection. Latent defects should be notified promptly after discovery.
The inspection and stop-work requirements in section 13 also apply to Business Customers. Business Customers are responsible for ensuring that decorators, installers, upholsterers and other contractors working on their behalf are made aware of relevant product and manufacturer inspection instructions.
Where a product is cut, installed, altered or used after an apparent issue has been identified, this may affect the loss that can reasonably be attributed to us.
Business losses
Subject to liabilities that cannot lawfully be excluded or limited, we will not be liable to a Business Customer for loss of profit, loss of revenue, loss of business, loss of contracts, loss of anticipated savings, loss of goodwill, loss of data, wasted expenditure, or indirect or consequential loss arising from a contract.
Entire agreement & non-reliance
For Business Customers, the accepted order, quotation and these terms constitute the agreement between the parties in relation to that supply. Each party acknowledges that it has not relied on a statement, promise or representation that is not recorded in the contract documents, except that nothing in this clause excludes or limits liability for fraud or fraudulent misrepresentation or any other liability which cannot lawfully be excluded.
Where separate written trade, project or account terms have been expressly agreed with a Business Customer, those specific terms take priority to the extent that they conflict with these general terms.
15 · International orders
Delivery outside the UK
Some brands and products are subject to territorial or supplier restrictions and cannot be supplied to every destination. If we cannot supply an item to your destination, we will tell you and cancel or amend the affected part of the order.
Unless checkout or the accepted order states otherwise, international orders may be subject to local import duties, taxes, customs-clearance charges or other destination-country fees. These are normally the responsibility of the recipient or importer.
International shipments may be opened or inspected by customs or other competent authorities.
International return and cancellation rights may depend upon the customer's location, the nature of the product and any mandatory law applicable to the transaction.
Nothing in these terms removes any mandatory consumer protection or other right which applicable law does not permit the parties to exclude.
16 · Liability & events outside our control
Our responsibility to you
We do not exclude or limit liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or rights and liabilities that cannot lawfully be excluded under applicable consumer or other law.
For Consumers, we are responsible for loss that is a foreseeable result of our breach of contract or failure to use reasonable care and skill, subject to applicable law.
The provisions in section 13 concerning inspection, continued installation and avoidable costs apply when assessing losses relating to installed, cut or altered materials.
For Business Customers, the exclusions in section 14 apply in addition to this section and all exclusions or limitations operate only to the extent permitted by law and, where applicable, subject to any statutory requirement of reasonableness.
Events outside our reasonable control
We are not responsible for delay or failure caused by an event outside our reasonable control.
Where appropriate, we will contact you and take reasonable steps to minimise the effect of the delay or failure.
This does not remove rights that applicable law gives a Consumer in relation to delayed or undelivered goods or services.
For a Business Customer, time for delivery or performance is not of the essence unless we expressly agree otherwise in writing.
17 · Website use & electronic communications
Using TM-Interiors.co.uk
You may use this website for lawful personal or business purchasing, research and enquiries. You must not copy, reproduce, exploit or misuse protected website content in a way that infringes our rights or the rights of a manufacturer, supplier or other rights holder.
The sale of a product does not transfer any copyright, trade mark, design right or other intellectual-property right in the product, imagery, manufacturer materials or website content.
Age & capacity
You must have legal capacity to enter into the relevant contract. If you are under 18, you should not place an order without the involvement of a parent or guardian where required.
Electronic communications
When you use the website, place an order or send us email, you communicate with us electronically. We may communicate with you by email, through the website or by other electronic means. Where the law permits, contractual notices and information may be supplied electronically, including in a form that you can save for future reference.
Changes to the website and these terms
We may update the website, our policies and these Terms & Conditions from time to time.
Your use of the website is subject to the website-use provisions in force when you use it.
A contract for goods or services will normally be governed by the Terms & Conditions made available to you when you placed the relevant order, unless a change is required by law or different terms are expressly agreed between us.
A later change to these Terms & Conditions will not retrospectively alter an existing contract unless required by law or expressly agreed between the parties.
18 · Privacy
How we use personal information
We use personal information in accordance with our Privacy & Cookie Policy, including for order processing, delivery, customer service, website operation, analytics and marketing where permitted.
19 · General terms
Other important provisions
Complaints
If you are unhappy with a product, service or the way an order has been handled, please contact us so that we have an opportunity to investigate and resolve the matter.
Please provide your order number and enough information for us to understand the issue. Where relevant, photographs, product labels, batch information, installer comments or other supporting information may help us investigate.
You can contact us by email at info@tm-interiors.co.uk or by telephone on 01733 230499.
Alternative dispute resolution
Where a Consumer complaint has been considered and an alternative dispute resolution or other dispute-resolution arrangement is available because we are legally or contractually required to participate in it, we will provide the information that applicable law requires when communicating the outcome of the complaint.
Nothing in this provision prevents either party from exercising any right to seek a remedy through the courts or another lawful route.
Transfer of rights
We may transfer our rights and obligations under a contract to another organisation where permitted by law. You may only transfer your rights or obligations where the law permits or where we agree in writing.
No third-party rights
Unless expressly stated otherwise, a contract is between you and TM Interiors Limited and no other person has a right to enforce its terms.
If part of these terms is unenforceable
If a court or relevant authority decides that one part of these terms is unlawful or unenforceable, the remaining provisions will continue to apply so far as legally possible.
Delay in enforcing rights
If either party delays enforcing a right, that does not necessarily mean the right has been waived.
Governing law & jurisdiction
These terms and contracts with us are governed by English law.
If you are a Consumer resident elsewhere in the UK, you may also have rights to bring proceedings in the courts of the part of the UK in which you live.
If you are a Consumer outside the UK, nothing in these terms deprives you of any mandatory protection or jurisdictional right which applicable law does not permit the parties to exclude.
For Business Customers, unless otherwise agreed in writing, the courts of England and Wales shall have jurisdiction, subject to any mandatory rule of law that applies.
