Terms of service

The “Customer” refers to a person, firm or entity who purchases materials from the Tile Shoppe Inc and who agrees to the following terms and conditions of Sales;

• There are no representations or warranties, expressed or implied, oral or written, in fact or by operation of law or otherwise, except as herein expressly stated. In no event shall The Tile Shoppe Inc., be liable for direct or indirect, special or consequential damages arising out of Customers purchase, use of materials, installation of, or resale of materials which are the subject of this Sales agreement.
• The Customer agrees the liability of The Tile Shoppe Inc shall be limited to the replacement of such materials or, at the option of The Tile Shoppe Inc, to the sale price of such defective materials. In the event the materials are reduced and sold as clearance materials said materials are sold AS IS and all sales are final.
• The Customer agrees to indemnify The Tile Shoppe Inc, and to hold it harmless from any loss or liability to the Customer, or to any third party for any loss injury, damages or costs arising from the use of the materials.
• The Customer acknowledges that the materials sold under this agreement are natural stone products and as a result differences in the shade of material, colour or variations between lots are natural and shall not be the subject of any claim or proceeding, nor shall same give rise to any valid complaint by the Customer as the Customer agrees to accept the materials subject to this condition.
• The Customer authorizes The Tile Shoppe to process credit card payments to the Customers credit or charge card and Customer’s signature on the front portion of this agreement is The Tile Shoppe’s express written irrevocable authority to process a charge to the Customer’s account. Customer agrees not to file any dispute with the Credit card issuer for any reason relating to the quality, or condition of the materials sold or for the amount charged provided the amount charged does not exceed the amount outstanding on this face of this agreement and in no event shall any dispute filed be interpreted, decided or arbitrated without the Credit card issuer or the Customers nominee specifically adhering to these terms and conditions in deciding an outcome.
• The Customer agrees that the condition of the materials sold were inspected and found satisfactory upon receipt and that transport by the Customer or third parties to the Customer shall not be the responsibility of The Tile Shoppe Inc, nor shall The Tile Shoppe Inc accept the return of material once removed from its premises.
• The Tile Shoppe Inc does not represent or guarantee to the Customer the availability for sale of ordered materials and the Customer hereby expressly releases The Tile Shoppe Inc from liability to the Customer arising out of or by virtue of the failure of The Tile Shoppe Inc, to accept or fill any orders of the Customer for materials due to the unavailability for sale of any materials.
• The Tile Shoppe Inc shall not be liable for shortages of materials, limited supply or back ordered materials. Customer agrees that all measurements were supplied by the Customer. Customer acknowledges having been advised not to commence installation of any project unless it has purchased and has taken delivery of sufficient quantities necessary to complete their project.
• It is agreed and understood that there is no representation, warranty or collateral term or condition affecting this agreement. Customer agrees The Tile Shoppe Inc, any of its employees, agents, officers or directors are not responsible in any way, for representations, oral or written, express or implied, whether contained in any sales material, brochures, samples or alleged against any sales representative or agent, other than as expressed in this agreement in writing.
• The Tile Shoppe Inc may at any time without notice withdraw any materials from sale and shall not be obligated to fill any order for materials withdraw from sale notwithstanding any acceptance of any such order or the partial delivery of materials to the customer.
• Interest on overdue accounts shall be charged at the rate of one and one half per cent per month.
• The parties to this agreement submit themselves to the exclusive jurisdiction of the Court of the Province of Ontario.
• The invalidity of any particular provision of this agreement shall not affect any other provision of it, but the agreement shall be construed as if the invalid provision had been omitted.
• The Customer agrees that ownership of the materials shall not pass until such time as the Customer has paid for all materials sold under this agreement. In the event the materials are not fully paid The Tile Shoppe Inc hereby reserves and the Customer hereby grants a security interest in the materials to The Tile Shoppe Inc and authorizes and appoints The Tile Shoppe Inc as it lawful attorney for the purposes of doing all things necessary to create and perfect a security interest in the materials sold under this agreement.
• Except as otherwise provided for in this agreement all sales are final and under no circumstances shall The Tile Shoppe Inc be under any obligation to provide an exchange or refund for any material.
• The Customer agrees that the prevailing price in effect at the date of purchase shall govern the agreement between the customer and The Tile Shoppe Inc. The customer hereby agrees that upon payment in full title to the materials passes to the buyer and that for all purposes payment in full shall be deemed to delivery to the customer.
• The customer agrees to remove all paid materials within 7 days from the date of the payment failing which The Tile Shoppe Inc shall be authorized to charge the customer storage charges calculated from time to time at not less than five dollars per pallet per day. The Tile Shoppe Inc shall be at liberty to dispose of unclaimed materials left by the buyer for longer than three months in accordance with applicable provincial legislation.
• The customer agrees that The Tile Shoppe Inc shall make ready the customer order at its warehouse loading area. The employees of The Tile Shoppe Inc are not authorized to assist with loading of materials on the customer method of transportation and customer agrees no claim for damages shall be made by the customer for any loss or damage howsoever caused.
• The Tile Shoppe Inc hereby reserves the right to change prices at any time without notice.