Flooring Trade Warehouse – Terms & Conditions of supply
Flooring Trade Warehouse is a trading name for Newlife Contracts (Flooring) Limited.
This website page (together with the documents referred to on it) tells you the terms and conditions (“Terms”) on which we, Flooring Trade Warehouse, supply any of the products (“Products”) listed on our website http://www.flooringtradewarehouse.co.uk (“our website”) to you and when a contract between us comes into existence. For the avoidance of doubt please note that there is no contract between us in existence until we serve an Order Acceptance in accordance with clause 4.
Please read these Terms carefully and make sure that you understand them before ordering any Products from our website. You should understand that by ordering any of our Products, you agree to be bound by these Terms.
You should print a copy of these Terms for your future reference.
1. Information about us
We operate the website http://www.flooringtradewarehouse.co.uk. We are Newlife Contracts (Flooring) Limited, a company registered in England and Wales under company number 3742716 and with our registered office at 45 Hutton Close, Crowther Industrial Estate, Washington, NE380AH. Our VAT number is 734167 435.
2. Service availability
We do not accept orders online from addresses outside the United Kingdom and Channel Islands. However, if you are located outside of these territories please contact us and we shall endeavour to accommodate your requirements. Any sales to outside such territories may be subject to additional terms, conditions and charges.
3. Your status
By placing an order through our website, you warrant that:
i) you are legally capable of entering into binding contracts; and
ii) you are at least 18 years old.
4. How the contract is formed between you and us
i) After placing an order, you will immediately receive an automatically generated e-mail order acknowledgement from us acknowledging that we have received your order (“Order Acknowledgement”). Please note that this does not mean that your order has been accepted, nor that a contract for the sale of Products exists. Your order constitutes an offer to us from you to buy a Product from us. All orders are subject to later final acceptance by us and we will confirm such acceptance to you after your payment has cleared by sending you an acceptance e-mail that confirms that the Product has been processed, along with an estimated delivery date to you (“Order Acceptance”). The contract between us (“Contract”) will only be formed when we send you the Order Acceptance and incorporated into the Contract will be these Terms.
ii) The Contract will be in place between us relating only to those Products the dispatch of which we have confirmed in the Order Acceptance email and no other. We will not be obliged to supply any other Products which may have been part of your initial order until the acceptance of such Products has been confirmed in a separate Order Acceptance email from us. When we dispatch Products we shall send you a “Dispatch Confirmation”.
5. Consumer rights
i) If you are contracting with us as a consumer, you may cancel a Contract at any time within fourteen working days, after the day after you received our Order Acceptance email (not the Order Acknowledgement) subject to the terms of clauses 5.3 to 5.9 inclusive. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below) provided that you comply with clauses 5.2 and 6.3.
ii) To cancel a Contract, you must inform us clearly in writing. You may use the attached statutory form but it is not obligatory. You must also return the Products to us in suitable packaging as soon as reasonably practicable (and certainly within seven days of the cancellation), and at your own cost. We shall inspect and check measure your returned Products to assess their condition. You have a legal obligation to take reasonable care of the Products and not use or soil them while they are in your possession. If you fail to comply with this obligation, we may have the right to refuse to refund or have a right of action against you for compensation. After we have inspected your return we shall action a refund if appropriate to you within 14 days. Please allow a few additional days for the merchant bankers to clear the refund.
iii) We can only accept cancellation of a Contract that contains carpet if the length of the carpet is greater than the width. If it does not, or if your required shape and cut of the carpet is not square or rectangular or is a unique shape specified by you then your order is agreed to be unique, specific, bespoke and clearly personalised to you.
iv) For the purposes of law such Products as described to have been made to your specification and clearly personalised to you. Consequently, your statutory rights at law to cancel do not apply but we will consider accepting such cancellation but with 50% refund only (but without being bound to do so). Where your order is specific to you and clearly personalised to you, we shall state so in the Order Acknowledgement.
v) Any carpet that has a length smaller than its width cannot be returned at all. This is standard practice in the flooring trade.
vi) For all boxed items, such as wood flooring, laminate flooring, carpet tiles, luxury vinyl tiles etc, goods can be cancelled & returned, however, the boxes must remain fully intact and must not be damaged. A handling/re stocking charge with manufacturer will apply at 25% the value of your order.
vii) Details of your statutory right of cancellation, and an explanation of how to exercise it, are also provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
viii) Any refund will be less any loss in value of the Product supplied through unnecessary use or handling by you. We can withhold the refund until we have the Products back.
ix) If you are contracting with us not as a consumer, clauses 5.1 to 5.7 shall not apply. No refunds shall be due except in the event of our breach of Contract in not supplying materially what was ordered and is the subject matter of the Order Acceptance; and any refund will be subject to normal deductions arising from use, handling by you or other diminution in the Products’ value caused by you.
6. Availability and delivery
i) All orders are subject to acceptance and availability. If the Products you have ordered are not available from stock, we will contact you by email or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
ii) We are only able to deliver to addresses within the United Kingdom and the Channel Isles. Please note that delivery to the Scottish Isles, Northern Ireland, the Channel Isles, Cornwall, Devon, Dyfed, the Isle of Wight, the Isle of Man, Powys and the Scottish Highlands may incur a supplementary delivery charge. Please contact us for further details.
iii) We will deliver the Products to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Products left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Products once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation unless there are exceptional circumstances which are beyond our reasonable control. Time of delivery is not of the essence.
iv) All deliveries must be fully inspected before signing for their receipt, signing appropriately thereafter. Any claims for damaged goods can only be considered if they have been signed for as such.
v) Any failed deliveries will attract a failed delivery charge before the goods are re-despatched.
7. Risk and title
i) The Products will be your responsibility and at your risk from the time of delivery.
ii) Ownership of the Products will only pass to you when we have received full payment of all sums due in respect of the Products, including delivery charges and when the Products are delivered. Until then we retain ownership.
8. Price and payment
i) The price of the Products and our delivery charges will be as quoted on our website from time to time, except in cases of obvious error. They will be confirmed in our Order Acknowledgement and in the Order Acceptance.
ii) Product prices quoted on our website exclude VAT. VAT will be applied at the checkout, which please note is before a Contract is formed. Should the rate of VAT change between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
iii) Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Acceptance.
iv) Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before the Order Acknowledgement and before the Contract is formed, or reject your order and notify you that we are rejecting it.
v) If the pricing error is obvious and unmistakable and could have reasonably recognised by you as an error in the Contract, we do not have to provide the Products to you at the incorrect (lower) price and will charge the correct, higher price which you will accept.
vi) Payment for all Products is in advance and an Order Acceptance (and our Contract) only comes into effect and is issued after we have received full clear funds and have confirmed availability of your chosen Products. Payment must be by credit or debit card. We accept payment with Visa credit and debit cards, Visa Electron, MasterCard credit and debit, Maestro/Solo, Maestro International, Master Card Signia & World, JCB, Visa Commercial & Visa Personal Debit Card International (and we reserve the right to vary this list at any time).
9. Our refunds and complaints policy
i) If you return a Product to us:
(a) because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 5 above), we will process the refund due to you as soon as possible and, in any case, within fourteen days of the day on which you gave us notice of cancellation. In this case, we will refund in accordance with clause 5, if appropriate. However, you will be responsible for organising the return of the Products as well as bearing the cost of their return;
(b) for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these Terms or in the Contract in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within fourteen days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
ii) We will refund any money received from you using the same method originally used by you to pay for your purchase.
iii) Complaints should be addressed to the Managing D, Newlife contracts (Flooring) Limited at the address given in clause 1.
We warrant to you that any Product purchased from us through our website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for the purpose for which products of that kind are commonly supplied.
11. Our liability
i) If you do not receive Products ordered by you within fourteen days of the date on which you ordered them, we will have no liability to you except as set out in clause 11.2. Please notify us in writing at our contact address of the problem within fourteen days of the date on which payment was made (unless this is not reasonably practicable).
ii) If you notify a problem to us under clause 11.1, our only obligation will be, at your option:
(a) to make up any shortage or non-delivery of Products;
(b) to replace or repair any Products that are damaged or defective; or
(c) to refund to you the amount paid by you for the Products in question in whatever way we choose.
iii) Subject to clause 11.5, if we fail to comply with the Contract we shall only be liable to you for an amount up to the purchase price of the Products and, subject to clause 11.4, any direct losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
iv) Subject to clause 11.5, we will not be liable for any losses that result from our failure to comply with these Terms that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 11.4 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.4.
v) Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
vi) Where you buy any Product from a third party seller (and not us) through our website, the seller's individual liability will be set out in the seller's terms and conditions which apply to the contract between you and that seller. You acknowledge that whilst you may use the medium of our website to find and purchase Products, in such circumstances your contract will be with that seller and not us.
12. Online colour reproduction
All images we display on our site are for indication only. We cannot guarantee their exact match to the relevant product and therefore cannot be held responsible for any differences in shade, no matter how great or small. If you are in any doubt about the colour you see online, we urge you to order a sample prior to placing an ordering, to make certain the colour meets your requirements.
13. Import duty
i) If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
ii) Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
14. Written communications
i) Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Newlife Contracts (Flooring) Limited, 45 Hutton Close, Crowther Industrial Estate, Washington, Tyne & Wear, NE389AF. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
i) The Contract between you and us is binding on you and us and on our respective successors and assignees.
ii) You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
iii) We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
i) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
ii) A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
iii) Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
i) If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
ii) A waiver by us of any default will not constitute a waiver of any subsequent default.
iii) No waiver by us of any of these Terms or any provision of the Contract will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any court or competent authority decides that any of the provisions of these Terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
i) These Terms and the Contract and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
ii) We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in theContract or the documents referred to in them.
iii) Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of the Contract.
iv) Nothing in this clause limits or excludes any liability for fraud.
21. Our right to vary these terms and conditions
i) We have the right to revise and amend these Terms from time to time.
ii) You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms or the Contract is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary before receipt by you of the Products.
22. Third party rights
A person who is not party to these Terms or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
23. Law and jurisdiction
Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.