Terms & Conditions

1. DEFINITIONS

a) Company means Allstyle Distribution Ltd, T/A Belletto.
b) Contractor means any third party as engaged by the Company from time to time used directly or indirectly in the supply of the Services.
c) Natural Stones means natural materials with inherent variations in colour, tonal markings and surface textures. All displays and samples are intended as guides only.
d) Services means the services to be provided by the Company under these Terms and Conditions.
e) Special Orders means orders for non-stock and/or bespoke items. The special Orders are non-returnable.
f) The buyer means the person, company, or unincorporated body whose name and details are given in the Order as requiring the Services from the Company.

2. GENERAL

a) All sales will be subject to these Terms and Conditions, which supersede all previous Terms and Conditions. No modification or purported variation (including any terms and conditions on the Buyer’s contract or offer form) shall be effective unless Allstyle Distribution Ltd, T/A Belletto expressly agrees in writing to it.
b) No contract will exist between the Company and the Buyer until the Company accepts the Buyer’s order.
c) There is no prejudice to the Buyer’s contractual rights under sections 12,13,14 & 15 of the Sale of Goods Act, 1893 (as amended) by anything contained in these Terms & Conditions except to the extent permitted by law (if the Buyer is not dealing as a consumer or in the case of international sales of goods).
d) If the context so requires, the meaning of words defined in the Sale of Goods Acts 1893 and 1980 shall apply to these Terms and Conditions.
e) All goods supplied hereunder shall be to the customary trade standard and subject to the usual allowances for shading, mill rolling, cutting, planning, shrinkage, drying and other recognised tolerances.
f) The Buyer shall satisfy himself/herself at the time of purchase that the sizing, thickness, shading or colouring of the goods are appropriate and the Company shall not be
responsible if the sizing, thickness, colouring, or shading of the goods differs from the sample goods.
g) If the Buyer orders goods that are to be made or ordered according to the Buyer’s specifications, then at the time of the order, the Buyer will pay the Company a non-
refundable deposit.
h) Many natural stones and some factory made tiles that are produced to replicate the look of natural stones have characteristics such as crazing, fissures, porosity, irregular edges, indentations, chips and scratching on the surface. These are not product flaws and must be viewed as inherent to the product. All tile sizes listed are nominal and subject to variation from batch to It is the buyers’ responsibility to check the sizing of each batch before fixing.
i) The number of tiles quoted per square metre is nominal and may take into account a standard joint width.

3. TRANSFER OF OWNERSHIP

a) The Company hereby retains title & exclusive ownership over the delivered products until full payment of the price thereof to the Company. The Buyer therefore commits itself to the following: until full payment of the price; shall not dispose of the products in any manner whether by sale, transfer, assignment, pledging them or otherwise using them as security, or by processing or incorporating them as a component into an assembly. The Buyers commits itself to keep the products constantly identifiable as being the Supplier’s property and to take out the appropriate insurance to cover all risks concerning the products until full payment of the price has been discharged.
b) In accordance with section 19 of the Sale of Goods Act 1893 the ownership of the goods does not pass to the Buyer until the Supplier is paid in full for the goods. The Company reserves in full the right of disposal until payment in full has been made for the products. If payment is not made in full, the Buyer must return the goods as ownership of the goods does not pass to the Buyer. Until paid in full, the Buyer at any time can take back the goods.
c) Nothing in this clause grants the Buyer the right to return the goods. Despite the fact that the Buyer does not own the goods, the Company may still claim the price.

4. DELIVERY

a) Any delivery times quoted by the Company are estimates only, and the Company shall not be liable for failure to deliver within those times.
b) In the event that the goods are not delivered within seven days after the date of the relevant invoice, the Company and the carrier are to be notified as soon as possible.
c) The Company may make partial deliveries or deliveries in instalments, and these terms and conditions will apply to each partial delivery.
d) The Company’s liability ceases when goods are delivered by public carrier to the carrier’s servants or agents for delivery to the Customer.
e) When an employee of the Customer signs an acknowledgement of receipt of goods, the goods are conclusively proved to have been received by the customer. “Unchecked” or similar signatures will not be accepted. All deliveries must be checked thoroughly.
f) In the case of palletized deliveries, the goods will be delivered as close as possible to your front door. The delivery will be made as close to your property as possible if this location is not accessible due to narrow roads, stairs, or any other obstruction.
g) The driver is not insured to carry the goods inside your property. A minimum of two able-bodied people should be available to receive, check, and carry the delivery.
h) Keeping delivery vehicles waiting and not being able to perform the delivery may incur additional charges. After the first 30 minutes, there is a charge of €50 for each additional 30 minutes of waiting.
i) Re-delivery fees can be charged if we are unable to deliver due to restricted access, traffic congestion, or site-specific issues.
j) Any additional staff required for the delivery will incur an additional charge of €150 per person per delivery.
k) Any damages or breaks must be reported to the company in writing within 24 hours of delivery so that they may be investigated. Deliveries that have been damaged in transit must be noted at the time of delivery, documented on delivery paperwork as well as the items that have been delivered/damaged. A claim for damaged products in transit will not be accepted if the goods have been signed for as being received in good condition. It is not acceptable to sign “unchecked” or similar, deliveries must be checked thoroughly.
l) The company will not be responsible for small breakages to a single box or individual tiles. These can be used as offcuts by the tiler and should be included as normal wastage.

5. RISK OF LOSS OR DAMAGE
a) From the time when the goods are delivered to a carrier for transmission to the Buyer, or from the time when the goods are previously delivered to a carrier for transmission to the Buyer, the Buyer shall be responsible for all loss or damage to the goods. Neither Section 32 (2) nor (3) of the Sale of Goods Act, 1893 shall apply if the goods are delivered to the stipulated place prior to delivery to the Buyer.
b) Until the Company is fully paid for the goods, the buyer bears the risk of loss or damage to the goods for the remainder of the During this time the buyer shall:
i. To indemnify and hold the Company harmless against all loss or damage to the goods, as well as against any reduction in their resale value below the Price.
ii. Maintain insurance coverage for the goods at least equal to the Buyer’s purchase price and
iii. Hold upon trust for the Company absolutely all proceeds of such insurance.

6. PRICE

Prices quoted by the Company or included in the contract are provisional only and are subject to market fluctuations and/or changes in basic national wage rates, freight charges, exchange rates, and costs of materials (including raw materials) or other relevant costs. Whilst every effort will be made to maintain quoted prices, the Company reserves the right to execute orders at prices ruling at the time of delivery. Quoted prices are valid for 10 days only.

7. TERMS OF PAYMENT

a) Payment shall be made according to the terms agreed upon.
b) The Buyer shall pay to the Company interest on overdue payments calculated on the day-to-day balance at a rate of interest equal to that from time to time as it deems
appropriate payable by the Company on overdraft borrowings. The Company may charge and add interest to the balance of overdue payments and compound it from time to time as it deems appropriate. In the absence of manifest error, the Company’s statement as to the rate of interest under this paragraph shall be conclusive.
c) Nothing in this clause limits the Company’s rights under clause 8 There is a 7 working day clearing period for all cheques and bank drafts.

8. REMEDIES FOR ANY DEFECTS

a) If by any reason of any defect in the goods there shall be a breach of any implied condition or warranty applicable thereto, the Company shall at its option either repair or replace the goods or issue credit to the Buyer, provided that:
i. The Buyer must notify the Company in writing within 7 days after discovering any such defects and no later than 21 days after the purchase.
ii. The relevant goods are returned to the Company at the cost of the Buyer
iii. A satisfactory examination of such goods by the Company shall reveal (whether the defect existed or if it did not conform to specifications when delivered or) that an implied condition or warranty has been violated, and in particular that the goods have not been damaged by misuse, neglect, accident, improper storage, installation, handling, or repair or alteration not effected by the Company.

b) The Buyer shall pay to the Company the cost of any examination of the goods for which the Company does not accept liability. Parts, components, and accessories including floor tiles supplied by, but not manufactured by, the Company are hereby excluded from all implied conditions and warranties other than those arising under Section 12 of the Sale of Goods Act, 1893 (as amended). However, in so far as possible, the Company will pass any guarantee, condition, or warranty from the manufacturer to the Buyer.
c) The Company’s liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage arising out of or in connection with or resulting from the manufacture, sale, delivery, resale, replacement or use of any of the goods shall in no case exceed the price paid by the Buyer to the Seller for the goods which give rise to the claim, plus expenses of customs, taxes, freight and insurance. No liability is accepted by the Company for loss of profits, special or consequential damages, or interest charges. By implication, nothing in this paragraph creates any liability or obligation on the part of the Company or affects or diminishes any disclaimer or liability elsewhere contained herein.
d) Except as expressly stated above all other warranties, conditions and representations, express or implied, statutory or otherwise, in relation to the quality or fitness for any
particular purpose of the goods are hereby excluded and the Company shall not be liable in contract, tort or otherwise for any loss, damage, expense or injury of any kind
whatsoever, consequential or otherwise, arising out of or in connection with the goods sold or any defect in them or from any other cause, whether or not any such matter
amounts to a fundamental breach of a fundamental term of the contract.
e) Under this provision, the Company’s liability is limited to one year from the date the goods are received by the buyer.
f) Unless and until the Company fails to correct an alleged default within thirty days of written notice specifying the claim, the Buyer may not reject any goods or cancel or
purport to cancel the contract or any part thereof.

9. RETURNS, CANCELLATIONS AND REFUNDS

a) A 30% Restocking charge will be applied to all goods returned for refund.
b) Special order tile or bathware products, adhesives, grouts, underfloor heating, chemicals, natural stone (travertine, marble, slate), wood products and shower doors cannot be returned or refunded.
c) In the interest of stock rotation and shade management, please return any complete products as soon as possible, but in any case, not later than 14 days from date of
purchase.
d) All returns must be in the original, unopened packaging condition that is suitable for resale and accompanied by original documentation. In the case of products returned that have lost their resale value and are determined by the company to be not fit for the purpose, the company will not issue a refund. The buyer will be able to pick up the
product within 7 days from the Company’s warehouse. Unless the products are collected within 7 days, the company has the right to dispose of them.
e) All returns must be returned to the point of original point of purchase.
f) Under no circumstances is any product sold as part of a sale or promotion or clearance lot, cannot be returned or exchanged under any circumstances.

g) Cash or card refunds will not be given under any circumstances. All refunds will be dealt with by means of a credit note or refund This does not affect your statutory rights.
h) A full refund can be obtained for orders other than special orders cancelled within 14 days from the date of order. In the event of a cancellation made within three days of delivery or collection, only a partial refund will be given. Refunds are calculated based on the item’s cost and any applicable taxes.
i) Cancellations of orders after the goods have been dispatched from our distribution centre or our suppliers will result in a refund less any costs incurred by us in retrieving the items.

10. DEFAULT BY BUYER

a) If the buyer:
i. Fails to comply with any term of the contract (including stipulations as to payment), commits an act of bankruptcy, makes an arrangement or composition
with creditors or suffers distress or execution or
ii. Resolves or is ordered to be wound up or has a receiver appointed. Then in such event, the Company shall have the right (without prejudice to any other remedies)
to cancel any uncompleted order and withhold or suspend delivery of further goods, and to demand payment forthwith of all sums due by the Buyer to the
Company (In the event the Company exercises any rights it may have to stop goods in transit because of the Buyer’s financial condition, the Company may at
its option resell such goods at public or private sale without notice to the Buyer and without affecting the Company’s rights to hold the Buyer liable for any loss or
damage caused by breach of contract by the Buyer.

11. INFRINGEMENT

a) The Buyer shall indemnify the Company against all damages, penalties, costs and expenses to which the Company may become liable as a consequence of
work done or the supply of goods in accordance with the Buyer’s specifications which involve the infringement of any letters patent, registered design, copy right,
trademark or trade name, as well as any other right to confidentiality, information, industrial, commercial or intellectual property.

12. BELLETTO GUARANTEE – TERMS & CONDITIONS:

a) It is our goal at Belletto to make sure that you will be 100% satisfied with your purchase for many years to come. During the warranty period, if your product stops working or breaks down due to a manufacturing fault, we will replace it in part or in full as necessary.
However, the following should be noted:
i. The Belletto guarantee applies only to original buyer
ii. Products must be purchased in Ireland or the UK and installed by a qualified fitter and are only applicable to domestic use.
iii. Product installation and maintenance should be performed according to manufacturer instructions.
iv. The Belletto warranty does not cover accidental or malicious damage, improper use. Belletto is not responsible for failures incurred as a result of modifications,
neglect, wilful or accidental damage to a product.

v. Neither general wear and tear nor poor installation are covered by this guarantee. Once the company has been notified of a manufacturer’s fault, Belletto will
replace the item.
vi. In cases where an exact replacement is not available, Belletto will offer a similar model
vii. For claims not due to faulty manufacture, Belletto reserves the right to charge for installation time and replacement This is a product warranty, not a consequential
loss policy, and it does not affect your statutory rights.

13. WARRANTY

a) The foregoing warranty is expressly in lieu of any other expressed or implied warranties, including the implied warranty of merchantability or fitness for a
particular purpose, and any other obligation or liability on the part of the Company in tort or otherwise, whether arising from negligence or acts constituting strict liability. In no event shall the Company be liable for any loss of anticipated profits or consequential damages. Warranty is limited to repair or replacement at the company’s option, and also limited to the cost of original material, prorated over the warranty period. Warranty does not cover damages due to alterations, abuse, modifications, improper installation, improper operating conditions including, but not limited to severe or repeated power surges, storms, floods, or other environmental damage, any and all of which shall void this warranty. Warranty also does not apply to products not supplied by the Company. Warranty coverage is effective for 6 months from the date of
purchase
b) In the event of a warranty claim, the Customer shall be required to provide proof of purchase and installation, and the Company will repair or replace the
faulty product at no additional cost. All warranty repairs must be performed by a trained and certified technician. All warranty repairs or replacements are subject to the terms and conditions of the Company’s warranty policy.

14. FORCE MAJEURE

a) The Company shall not be under any liability of whatever kind for non-performance in whole or in part of its obligations under the contract due to causes beyond the control of the Company or beyond the control of the Company’s suppliers including, but not limited to, war (whether an actual declaration thereof is made or not), sabotage, insurrection, riot or other act of civil disobedience, acts of the Buyer or a third party, failure or delay in actions, labour disputes, strikes, embargoes, illness, accident, fire, explosion, flood, tempest or other acts of God, delay in delivery to the Company or the Company’s suppliers or shortage of labour, fuel, raw materials or machinery or technical failure. Such circumstances shall not prevent the Company from terminating or varying the contract without liability, including, but not limited to, extending the performance date for at least the time lost.

15. ASSIGNMENT

a) The Buyer shall not assign or transfer or purport to assign to transfer to any other person the contract or the benefit thereof or the benefit of any condition, warranty or guarantee or other term or condition (express or implied) forming part thereof or relating to the goods.

16. HEADINGS

a) The headings of these Terms and Conditions are for convenience only and shall have no effect on the interpretation thereof.

17. GOVERNING LAW

a) This contract shall be governed and construed in all aspects in accordance with the laws of the Republic of Ireland.

18. IMAGERY

a) Please note that all tile images are for display purposes only, all colours and textures are not depicted accurately. All tile sizes are approximate.

19. MEASUREMENTS /DESIGNS/ ACCURACY

a) Additionally, please note that quantities measured and/or costed by us are approximate only and are not guaranteed. Design work done by us is intended strictly as a guide and we cannot be held responsible for its accuracy, suitability, safety, or other implications.

20. GDPR CONSENT

a) It is the buyer’s consent that their data will be used for purposes that are covered by the Data Protection Legislation and General Data Protection Regulation (GDPR) which came into force on May 25, 2018. The Buyer acknowledge that personal information, including contact details, delivery address, enquiries, and order details, may be shared with third part/parties, including couriers, fitters, and Belletto stockists. The buyer is assured that the Company will not process shared personal data in an incompatible manner.