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Terms & Conditions
Terms and CONDITION
OUR RIGHT TO CANCEL YOUR ORDER
UK Flooring Company have the right to cancel your order if:
-- We deem the transaction to be fraudulant
-- If the order is made from a county, island or country which we do not offer our standard free deliver to and the extra delivery charge is not met by the customer
-- We have insufficient stock of the product(s) ordered or unknown to us the product(s) has suddenly become discontinued
-- A pricing or typing error has occurred in the display of the product ordered, which is untrue to the correct information or price.
Please read all these terms and conditions.
As we can accept your order and make a
legally enforceable agreement without further reference to you, you must read
these terms and conditions to make sure that they contain all that you want and
nothing that you are not happy with. If you are not sure about anything, just
phone us on 02037459826.
Application
1.
These Terms and Conditions will
apply to the purchase of the services and goods by you (the Customer or you). We are UKFLOORINGCOMPANY LTD whose
trading name is UKflooringcompany a company registered
in England and Wales under number 13597809 whose registered
office is at 71 75 SHELTON STREET, Covent
Garden, London, WC2H 9JQ with email
address sales@ukflooringcompany.com; telephone number 02037459826; (the Supplier or us or we).
2.
These are the terms on which we
sell all Services to you. By
ordering any of the Services, you agree to be bound by these Terms and
Conditions. You can only purchase the Services and Goods from
the Website if you are eligible to enter into a contract and are at least 18
years old.
Interpretation
3.
Consumer means an individual
acting for purposes which are wholly or mainly outside their trade, business,
craft or profession;
4.
Contract means the
legally-binding agreement between you and us for the supply of the Services;
5.
Delivery Location means the
Supplier's premises or other location where the Services are to be supplied, as
set out in the Order;
6.
Durable Medium means paper
or email, or any other medium that allows information to be addressed
personally to the recipient, enables the recipient to store the information in
a way accessible for future reference for a period that is long enough for the
purposes of the information, and allows the unchanged reproduction of the
information stored;
7.
Goods means any goods that
we supply to you with the Services, of the number and description as set out in
the Order;
8.
Order means the Customer's
order for the Services from the Supplier as submitted following the step by step
process set out on the Website;
9.
Privacy Policy means the
terms which set out how we will deal with confidential and personal information
received from you via the Website;
10.
Services means the services
advertised on the Website, including any Goods, of the number and description
set out in the Order;
11.
Website means our
website www.ukflooringcompany.com on
which the Services are advertised.
Services
12.
The description of the Services
and any Goods is as set out in the Website, catalogues, brochures or other form
of advertisement. Any description is for illustrative purposes only and there
may be small discrepancies in the size and colour of any Goods supplied.
13.
In the case of Services and any
Goods made to your special requirements, it is your responsibility to ensure
that any information or specification you provide is accurate.
14.
All Services which appear on
the Website are subject to availability.
15.
We can make changes to the
Services which are necessary to comply with any applicable law or safety
requirement. We will notify you of these changes.
Customer
responsibilities
16.
You must co-operate with us in
all matters relating to the Services, provide us and our authorised employees
and representatives with access to any premises under your control as required,
provide us with all information required to perform the Services and obtain any
necessary licences and consents (unless otherwise agreed).
17.
Failure to comply with the
above is a Customer default which entitles us to suspend performance of the
Services until you remedy it or if you fail to remedy it following our request,
we can terminate the Contract with immediate effect on written notice to you.
Personal
information
18.
We retain and use all
information strictly under the Privacy Policy.
19.
We may contact you by using
e-mail or other electronic communication methods and by pre-paid post and you
expressly agree to this.
Basis of
Sale
20.
The description of the Services
and any Goods in our website does not constitute a contractual offer to sell
the Services or Goods. When an Order has been submitted on the Website, we can
reject it for any reason, although we will try to tell you the reason without
delay.
21.
The Order process is set out on
the Website. Each step allows you to check and amend any errors before
submitting the Order. It is your responsibility to check that you have used the
ordering process correctly.
22.
A Contract will be formed for
the Services ordered only when you receive an email from us confirming the
Order (Order Confirmation).
You must ensure that the Order Confirmation is complete and accurate and inform
us immediately of any errors. We are not responsible for any inaccuracies in
the Order placed by you. By placing an Order you agree to us giving you
confirmation of the Contract by means of an email with all information in it
(ie the Order Confirmation). You will receive the Order Confirmation within a
reasonable time after making the Contract, but in any event not later than the
delivery of any Goods supplied under the Contract, and before performance begins
of any of the Services.
23.
Any quotation or estimate of
Fees (as defined below) is valid for a maximum period of 30 days from
its date, unless we expressly withdraw it at an earlier time.
24.
No variation of the Contract,
whether about description of the Services, Fees or otherwise, can be made after
it has been entered into unless the variation is agreed by the Customer and the
Supplier in writing.
25.
We intend that these Terms and
Conditions apply only to a Contract entered into by you as a Consumer. If this
is not the case, you must tell us, so that we can provide you with a different
contract with terms which are more appropriate for you and which might, in some
respects, be better for you, eg by giving you rights as a business.
Fees and
Payment
26.
The fees (Fees) for the Services, the price
of any Goods (if not included in the Fees) and any additional delivery or other
charges is that set out on the Website at the date we accept the Order or such
other price as we may agree in writing. Prices for Services may be calculated
on a fixed price or on a standard daily rate basis.
27.
Fees and charges include VAT at
the rate applicable at the time of the Order.
28.
You must pay by submitting your
credit or debit card details with your Order and we can take payment immediately
or otherwise before delivery of the Services.
Delivery
29.
We will deliver the Services,
including any Goods, to the Delivery Location by the time or within the agreed
period or, failing any agreement:
a.
in the case of Services, within
a reasonable time; and
b.
in the case of Goods, without
undue delay and, in any event, not more than 30 days after the day on which the
Contract is entered into.
30.
In any case, regardless of
events beyond our control, if we do not deliver the Services on time, you can
require us to reduce the Fees or charges by an appropriate amount (including
the right to receive a refund for anything already paid above the reduced
amount). The amount of the reduction can, where appropriate, be up to the full
amount of the Fees or charges.
31.
In any case, regardless of
events beyond our control, if we do not deliver the Goods on time, you can (in
addition to any other remedies) treat the Contract at an end if:
a.
we have refused to deliver the
Goods, or if delivery on time is essential taking into account all the relevant
circumstances at the time the Contract was made, or you said to us before the
Contract was made that delivery on time was essential; or
b.
after we have failed to deliver
on time, you have specified a later period which is appropriate to the
circumstances and we have not delivered within that period.
32.
If you treat the Contract at an
end, we will (in addition to other remedies) promptly return all payments made
under the Contract.
33.
If you were entitled to treat
the Contract at an end, but do not do so, you are not prevented from cancelling
the Order for any Goods or rejecting Goods that have been delivered and, if you
do this, we will (in addition to other remedies) without delay return all
payments made under the Contract for any such cancelled or rejected Goods. If
the Goods have been delivered, you must return them to us or allow us to
collect them from you and we will pay the costs of this.
34.
If any Goods form a commercial
unit (a unit is a commercial unit if division of the unit would materially
impair the value of the goods or the character of the unit) you cannot cancel
or reject the Order for some of those Goods without also cancelling or
rejecting the Order for the rest of them.
35.
We do not generally deliver to
addresses outside England and Wales, Scotland, Northern Ireland, the Isle of
Man and Channels Islands. If, however, we accept an Order for delivery outside
that area, you may need to pay import duties or other taxes, as we will not pay
them.
36.
You agree we may deliver the
Goods in instalments if we suffer a shortage of stock or other genuine and fair
reason, subject to the above provisions and provided you are not liable for
extra charges.
37.
If you or your nominee fail,
through no fault of ours, to take delivery of the Services at the Delivery
Location, we may charge the reasonable costs of storing and redelivering them.
38.
The Goods will become your
responsibility from the completion of delivery or Customer collection. You
must, if reasonably practicable, examine the Goods before accepting them.
Risk and
Title
39.
Risk of damage to, or loss of,
any Goods will pass to you when the Goods are delivered to you.
40.
You do not own the Goods until
we have received payment in full. If full payment is overdue or a step occurs
towards your bankruptcy, we can choose, by notice to cancel any delivery and
end any right to use the Goods still owned by you, in which case you must
return them or allow us to collect them.
Withdrawal returns and
cancellation
41.
You can withdraw the Order by
telling us before the Contract is made, if you simply wish to change your mind
and without giving us a reason, and without incurring any liability.
42.
You can cancel the Contract
except for any Goods which are made to your special requirements by telling us
no later than 14 days after
the Contract was made, if you simply wish to change your mind and without
giving us a reason, and without liability, except in that case, you must return
to any of our business premises the Goods in undamaged condition at your
expense. Then we must without delay refund to you the price for those Goods and
Services which have been paid for in advance, but we can retain any separate
delivery charge. This does not affect your rights when the reason for the
cancellation is any defective Goods or Services. This Returns Right is
different and separate from the Cancellation Rights below.
43.
This is a distance contract (as
defined below) which has the cancellation rights (Cancellation Rights) set out
below. These Cancellation Rights, however, do not apply, to a contract for the
following goods and services (with no others) in the following circumstances:
a.
foodstuffs, beverages or other
goods intended for current consumption in the household and which are supplied
on frequent and regular rounds to your residence or workplace;
b.
goods that are made to your
specifications or are clearly personalised;
c.
goods which are liable to
deteriorate or expire rapidly.
Right to cancel
44.
Subject as stated in these
Terms and Conditions, you can cancel this contract within 14 days without
giving any reason.
45.
The cancellation period will
expire after 14 days from the day on which you acquire, or a third party, other
than the carrier, indicated by you, acquires physical possession of the last of
the Goods. In a contract for the supply of services only (without goods), the
cancellation period will expire 14 days from the day the Contract was entered
into. In a contract for the supply of goods over time (ie subscriptions), the
right to cancel will be 14 days after the first delivery.
46.
To exercise the right to
cancel, you must inform us of your decision to cancel this Contract by a clear
statement setting out your decision (eg a letter sent by post or email).
You can use the attached model cancellation form, but it is not obligatory. In
any event, you must be able to show clear evidence of when the cancellation was
made, so you may decide to use the model cancellation form.
47.
You can also electronically
fill in and submit the model cancellation form or any other clear statement of
the Customer's decision to cancel the Contract on our website www.ukflooringcompany.com . If you
use this option, we will communicate to you an acknowledgement of receipt of
such a cancellation in a Durable Medium (eg by email) without delay.
48.
To meet the cancellation
deadline, it is sufficient for you to send your communication concerning your
exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
49.
We must not begin the supply of
a service (being part of the Services) before the end of the cancellation
period unless you have made an express request for the service.
Effects of cancellation in the cancellation period
50.
Except as set out below, if you
cancel this Contract, we will reimburse to you all payments received from you,
including the costs of delivery (except for the supplementary costs arising if
you chose a type of delivery other than the least expensive type of standard
delivery offered by us).
Payment for Services commenced during the cancellation period
51.
Where a service is supplied
(being part of the Service) before the end of the cancellation period in
response to your express request to do so, you must pay an amount for the
supply of the service for the period for which it is supplied, ending with the
time when we are informed of your decision to cancel the Contract. This amount
is in proportion to what has been supplied in comparison with the full coverage
of the Contract. This amount is to be calculated on the basis of the total
price agreed in the Contract or, if the total price were to be excessive, on
the basis of the market value of the service that has been supplied, calculated
by comparing prices for equivalent services supplied by other traders. You will
bear no cost for supply of that service, in full or in part, in this
cancellation period if that service is not supplied in response to such a
request.
Deduction for Goods supplied
52.
We may make a deduction from
the reimbursement for loss in value of any Goods supplied, if the loss is the
result of unnecessary handling by you (ie handling the Goods beyond what is
necessary to establish the nature, characteristics and functioning of the
Goods: eg it goes beyond the sort of handling that might be reasonably allowed
in a shop). This is because you are liable for that loss and, if that deduction
is not made, you must pay us the amount of that loss.
Timing of reimbursement
53.
If we have not offered to
collect the Goods, we will make the reimbursement without undue delay, and not
later than:
a.
14 days after the day we
receive back from you any Goods supplied, or
b.
(if earlier) 14 days after the
day you provide evidence that you have sent back the Goods.
54.
If we have offered to collect
the Goods or if no Goods were supplied or to be supplied (ie it is a contract
for the supply of services only), we will make the reimbursement without undue
delay, and not later than 14 days after the day on which we are informed about
your decision to cancel this Contract.
55.
We will make the reimbursement
using the same means of payment as you used for the initial transaction, unless
you have expressly agreed otherwise; in any event, you will not incur any fees
as a result of the reimbursement.
Returning Goods
56.
If you have received Goods in
connection with the Contract which you have cancelled, you must send back the
Goods or hand them over to us at , without
delay and in any event not later than 14 days from the day on which you
communicate to us your cancellation of this Contract. The deadline is met if
you send back the Goods before the period of 14 days has expired. You agree
that you will have to bear the cost of returning the Goods.
57.
For the purposes of these
Cancellation Rights, these words have the following meanings:
a.
distance contract means a
contract concluded between a trader and a consumer under an organised distance
sales or service-provision scheme without the simultaneous physical presence of
the trader and the consumer, with the exclusive use of one or more means of
distance communication up to and including the time at which the contract is
concluded;
b.
sales contract means a
contract under which a trader transfers or agrees to transfer the ownership of
goods to a consumer and the consumer pays or agrees to pay the price, including
any contract that has both goods and services as its object.
Conformity and Guarantee
58.
We have a legal duty to supply
the Goods in conformity with the Contract, and will not have conformed if it
does not meet the following obligation.
59.
Upon delivery, the Goods will:
a.
be of satisfactory quality;
b.
be reasonably fit for any
particular purpose for which you buy the Goods which, before the Contract is
made, you made known to us (unless you do not actually rely, or it is
unreasonable for you to rely, on our skill and judgment) and be fit for any
purpose held out by us or set out in the Contract; and
c.
conform to their description.
60.
It is not a failure to conform
if the failure has its origin in your materials.
61.
We will supply the Services
with reasonable skill and care.
62.
We will immediately, or within
a reasonable time, give you the benefit of the free guarantee given by the
manufacturer of the Goods. Details of the guarantee, including the name and
address of the manufacturer, the duration and territorial scope of the
guarantee, are set out in the manufacturer's guarantee supplied with the Goods.
This guarantee will take effect at the time the Goods are delivered, and will
not reduce your legal rights.
63.
We will provide the following
after-sales service: The supplier
will support the customer whti 30 return Service..
64. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
HOW LONG IS THE WARRANTY ON MY WOOD FLOORING?
65. A 10 year strucural warranty for Wood Products is available on the construction of the board, subject to the product been fitted in accordance with the manufactures instructions.
Duration,
termination and suspension
66.
The Contract continues as long
as it takes us to perform the Services.
67.
Either you or we may terminate
the Contract or suspend the Services at any time by a written notice of
termination or suspension to the other if that other:
a.
commits a serious breach, or
series of breaches resulting in a serious breach, of the Contract and the
breach either cannot be fixed or is not fixed within 30 days of the written
notice; or
b.
is subject to any step towards
its bankruptcy or liquidation.
68.
On termination of the Contract
for any reason, any of our respective remaining rights and liabilities will not
be affected.
Successors
and our sub-contractors
69.
Either party can transfer the
benefit of this Contract to someone else, and will remain liable to the other
for its obligations under the Contract. The Supplier will be liable for the
acts of any sub-contractors who it chooses to help perform its duties.
Circumstances
beyond the control of either party
70.
In the event of any failure by
a party because of something beyond its reasonable control:
a.
the party will advise the other
party as soon as reasonably practicable; and
b.
the party's obligations will be
suspended so far as is reasonable, provided that that party will act
reasonably, and the party will not be liable for any failure which it could not
reasonably avoid, but this will not affect the Customer's above rights relating
to delivery (and the right to cancel below).
Privacy
71.
Your privacy is critical to us.
We respect your privacy and comply with the General Data Protection Regulation
with regard to your personal information.
72.
These Terms and Conditions
should be read alongside, and are in addition to our policies, including our
privacy policy () and cookies policy ().
73.
For the purposes of these Terms
and Conditions:
a.
'Data Protection Laws' means
any applicable law relating to the processing of Personal Data, including, but
not limited to the GDPR.
b.
'GDPR' means the UK General
Data Protection Regulation.
c.
'Data Controller', 'Personal
Data' and 'Processing' shall have the same meaning as in the GDPR.
74.
We are a Data Controller of the
Personal Data we Process in providing the Services and Goods to you.
75.
Where you supply Personal Data
to us so we can provide Services and Goods to you, and we Process that Personal
Data in the course of providing the Services and Goods to you, we will comply
with our obligations imposed by the Data Protection Laws:
a.
before or at the time of
collecting Personal Data, we will identify the purposes for which information
is being collected;
b.
we will only Process Personal
Data for the purposes identified;
c.
we will respect your rights in
relation to your Personal Data; and
d.
we will implement technical and
organisational measures to ensure your Personal Data is secure.
76.
For any enquiries or complaints
regarding data privacy, you can e-mail: info@ukflooringcompany.com.
Excluding
liability
77.
The Supplier does not exclude
liability for: (i) any fraudulent act or omission; or (ii) death or personal
injury caused by negligence or breach of the Supplier's other legal
obligations. Subject to this, we are not liable for (i) loss which was not
reasonably foreseeable to both parties at the time when the Contract was made,
or (ii) loss (eg loss of profit) to your business, trade, craft or profession
which would not be suffered by a Consumer - because we believe you are not
buying the Services and Goods wholly or mainly for your business, trade, craft
or profession.
Governing
law, jurisdiction and complaints
78.
The Contract (including any
non-contractual matters) is governed by the law of England and Wales.
79.
Disputes can be submitted to
the jurisdiction of the courts of England
and Wales or, where the Customer lives in Scotland or Northern Ireland, in
the courts of respectively Scotland or
Northern Ireland.
80. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days..
PRODUCTS OR SERVICES
81. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
82. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
83. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
84. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
85. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
86. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Brilliant Wood Flooring, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
87. You agree to indemnify, defend and hold harmless Brilliant Wood Flooring 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 lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
88. If any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
89. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
90. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
91. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
92. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
GOVERNING LAW
93. These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
CHANGES TO TERMS OF SERVICE (Terms and Conditions)
94. You can review the most current version of the Terms and Conditions at any time at this page.
95. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Contact
Questions about the Terms and Conditions should be sent to us at info@ukflooringcompany.com.