Terms and conditions for a tile and flooring retailer selling online

Tiles and flooring are sold by the square metre, in batches that vary, to customers who under-order and then find the top-up does not match. The terms have to describe batch and shade variation as what it is, put quantities and wastage on the customer, deal with samples, returns of unopened boxes, pallet delivery and checking, and keep fitting advice as advice. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Online tile retailers and wood, laminate, vinyl and carpet flooring retailers in England and Wales selling to consumers and to trade customers by pallet delivery, with samples and calculators on the website.

What matters in tile and flooring retail terms

Batch, shade and natural variation

Tiles and flooring vary between production batches in shade, size and finish, and natural materials vary within a batch. The terms should say that products are supplied from a single batch where possible, that a subsequent order may not match, that variation from samples and images is a characteristic rather than a defect, and that the customer should check the goods before fitting because fitted goods are treated as accepted as to appearance. Under the Consumer Rights Act 2015 goods must match their description, and the description should say what varies. Tiles and flooring products placed on the market must also carry the UKCA or CE marking and declaration of performance the Construction Products Regulations 2013 require, which the terms can say the retailer's products do.

Quantities, wastage and the customer's calculation

The customer is responsible for measuring the area and ordering enough, including an allowance for cuts and wastage, and the terms should say so, that calculators on the site are aids and not guarantees, and that top-up orders are new orders from whatever batch is available. Ordering a little more than the calculation is advice the terms can give; it is not a promise.

Samples, returns and full boxes

A consumer may cancel within fourteen days of delivery under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and return goods at their own cost if told so before ordering, and the terms should say that returns are accepted only in full, unopened boxes in resaleable condition, that cut or fitted goods cannot be returned, that goods made or cut to order are excluded, and that the refund is made when the goods are back and checked. Samples are sold separately and are not refundable.

Pallet delivery, access and checking

Delivery is by pallet to the kerbside, and the terms should require the customer to provide access for a large vehicle, to be present, to check the goods on delivery and to note damage on the delivery note or report it within a stated period with photographs, with goods at the retailer's risk until handed over. Delivery dates are estimates, and redelivery for a failed delivery caused by the customer is charged.

Faults, fitting advice and trade customers

Faulty goods are dealt with under the Consumer Rights Act 2015, and the terms should say that a fault visible before fitting must be reported before fitting and that the retailer is not liable for the cost of removing and refitting goods fitted with a visible fault. Fitting guidance is general and the fitter is responsible for the method. Trade customers buy on business terms with payment on account, interest and fixed compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998, and retention of title until paid.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

The customer fitted a whole floor and then complained about shade variation. Where do we stand?

If the terms say variation is a characteristic, that goods must be checked before fitting and that fitted goods are accepted as to appearance, the complaint comes too late. A defect in the product itself is different and is dealt with under the consumer's rights.

A customer wants to return three opened boxes of tiles. Must we take them?

The terms can require returns in full, unopened, resaleable boxes and exclude opened boxes, because they cannot be resold. The consumer's cancellation right allows a deduction for goods handled beyond inspection, and an opened box is beyond inspection.

The top-up order does not match the original. Is that our fault?

If the terms say subsequent orders may come from a different batch and advise ordering enough first time, no. Offer to source the same batch where you can, if the customer is prepared to wait.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a carpet and flooring fitter
• Terms and conditions for a kitchen retailer selling online

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.