OUR TERMS & CONDITIONS AND WEBSITE USE AGREEMENT

 

1. THESE TERMS

1.1 These are the terms and conditions on which we supply our products to you.

1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.3 These terms are based on you ordering products from us as a consumer (i.e. you are not acting in the course of a business or trade). If you are a business, please ask to see our business terms.

 

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Floor R Us Limited, trading as Flooring Surgeons, a company registered in England and Wales.  Our company registration number is 10390644.  Our trading/store address is 214a Dudley Rd, Halesowen, Birmingham, B63 3NJ.

2.2 You can contact us by writing to us at the above address, by email to info@flooringsurgeons.co.uk, by telephoning our customer service team on 0121 274 8575, or by visiting our store.

2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

3. OUR CONTRACT WITH YOU 

3.1 Our acceptance of your order will take place when we email you the order confirmation, at which point a contract will come into existence between you and us.

3.2 If we are unable to accept your order, we will inform you of this and will reimburse payment. This might be because the product is out of stock, because of unexpected limits on our resources, which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 We will assign an order number to your order and tell you what this is in the order confirmation. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We only sell in England and Wales. Our website is solely for the promotion of our products in England and Wales. Unfortunately, we do not accept orders from, or deliver to addresses outside of England or Wales. We currently do not deliver to the Channel Islands, the Isle of Man, the Isle of Wight or anywhere outside of mainland England and Wales.

 

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance. For some of our products we can provide samples and we would recommend that you contact us to ask us to send you a sample of the product (where this can be provided), before submitting an order with us. Please note that we are unable to provide samples of any of our accessory products.

4.2 As we supply naturally occurring products, they may differ in size, colour or texture.  This is caused by natural variations in the products over which we have no control.

4.3 Making sure your measurements are accurate. Where we have supplied a product on the basis of measurements or other information that you have provided, you are responsible for ensuring that the measurements and information you provide to us are correct. We will not be liable to you if you provide us with incorrect measurements.

4.4 Before placing an order with us, you should ensure the suitability of the product. If you have any doubts about the suitability of a product then please contact us and we will be more than happy to discuss our products with you.

5. YOUR RIGHTS TO MAKE CHANGES

5.1 If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to proceed.

 

6. OUR RIGHTS TO MAKE CHANGES

6.1 We may change the product to reflect changes in relevant laws and regulatory requirements. If any significant change to the product is required, we will notify you before delivery and you can end the contract before the change takes effect and receive a refund for any products paid for, but not received.

 

7. PROVIDING THE PRODUCTS

7.1 All prices shown on this website are inclusive of VAT but do not include delivery charges. There are no delivery charges on orders over £479.00. The delivery charges are as shown on the website.

7.2 During the checkout process, you will be given the option to choose a delivery date, which are usually available from 3 working days after the date of your order.

7.3 If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay (i.e. of more than 10 working days from the date of the original delivery date), you may contact us to end the contract and receive a refund for any products you have paid for, but not received.

7.4 The product will be delivered to the kerbside of the delivery address.  Delivery drivers are not permitted to move products to the property, gardens, garages, driveways etc. unless this has been agreed by us in writing. As the products can be heavy, you should ensure that there is someone at the property that is able to move the products inside your property, or to the place where you wish to store them.

7.5 Some of our products may be delivered in multiple deliveries.

7.6 Deliveries are usually made Monday to Friday, between the hours of 8.00am and 6.00pm and the products will not be delivered unless they are signed for by you or someone you nominate to accept delivery for you and they must be over the age of 18.

7.7 If no one is available at your address to take the delivery and the products, the products will be returned to us. You can either then arrange to collect the products from us, or we can re-arrange delivery subject to you paying an additional delivery charge of £45.00 per additional delivery required.

7.8 If, after a failed delivery to you, you do not re-arrange delivery or collect them from us, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Clause 10.2 will apply.

7.9 A product will be your responsibility from the time we deliver the product to the address you have provided.

7.10 You own a product, which is goods, once we have received payment in full.

7.11 Some of our products are delivered to you by way of an articulated lorry, rigid lorry or van. You are responsible for ensuring that:

7.11.1 There is sufficient space for the delivery vehicle to manoeuvre and make the delivery (for example, ensuring we are made aware of any narrow streets or restricted access). Where we have been made aware of any access issues, we will always do our best to accommodate these;

7.11.2 There is sufficient space available for the delivery of the product to be made safely at the delivery address;

7.11.3 The area where the product is to be delivered is free from obstruction (such as overhead power cables, manhole covers, drains, vegetation etc. as tipping vehicles, vehicles with a crane or vehicles with a tail-lift could be used;

7.11.4 If for any reason the product cannot be delivered at the delivery address due to breach of these terms, the products will be returned to us and we will charge you the costs for returning the product to us, and any further delivery charges.

 

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You may have a right to end your contract with us, but this will depend on, whether there is anything wrong with the product and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product replaced, see Clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

8.2 If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately, and we will refund you in full for any products which have not been provided. The reasons are:

(a) We have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6);

(b) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) There is a risk that supply of the products may be significantly delayed because of events outside our control (see clause 7.3); or

(d) You have a legal right to end the contract because of something we have done wrong i.e. we have misdescribed the product or have missed a delivery date.

8.3 As a consumer you have a legal right to change your mind within 14 days of the date you receive the products and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 Your right as a consumer to change your mind does not apply in respect of any products, which become mixed inseparably with other items after their delivery.

8.5 You have 14 days starting the day after we have delivered the products to you, or to someone nominated by you, to change your mind. If, however, we have delivered parts of your order on different days, then you have up to 14 days after the day we deliver the final part of the order to you (or someone you nominate).

 

9. HOW TO END THE CONTRACT WITH US 

9.1 To end the contract with us, please let us know by doing one of the following:

a) Email us at customerservices@flooringsurgeons.co.uk or call us on 0121 274 8575.

b) If you wish to cancel the fitting service (either before or after the products have been delivered to you) then you must contact us by calling us on 0121 274 8575 or emailing us at fitting@flooringsurgeons.co.uk

9.2 If you end the contract for any reason after products have been delivered to you, then you must call us on 0121 274 8575 or email us at returns@flooringsurgeons.co.uk, so that we can arrange collection of the products. Alternatively, you can return the products to our trading address.

• We will only pay the costs of return:
• If the products are faulty or misdescribed;
• If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside of our control or because you have a legal right to do so as a result of something we have done wrong (i.e. if we have misdescribed the products or have missed a delivery date).

In all other circumstances (including where you are exercising your right to change your mind within the 14-day cooling off period, starting from the day after you receive the products) you must pay the costs of return.

9.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5 If you are entitled to a refund under these terms, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.  This means that the products must be returned to us in its original packaging and be complete with all parts and accessories that were delivered with the product. We will only issue a refund to you once we have inspected the goods and accept that the goods have been returned in their original conditions.

9.7 We will make any refunds due to you as soon as possible, but no later than 14 days after we have received the products from you.

 

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) You do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; or

(b) You do not, within 30 days of the original delivery date, allow us to deliver the products to you.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.

 

11. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS

11.1 We are under a legal duty to supply products that are in conformity with this contract. This means that the products we sell must be of satisfactory quality and fit for their general purpose.

For detailed information on your rights as a consumer, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

11.2 If you reject any of our products on the basis that they are faulty you must arrange for us to collect them and we will pay for the cost of the return. If we collect the products and discover that they are not faulty, we will charge you the cost of collection.

 

12. PRICE AND PAYMENT

12.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 All products must be paid in full at the time that you submit your order. Details of how you can pay are set out on our website.

 

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 11.1.

13.3 We are not liable for business losses. We only supply the products to you for your domestic and private use.

 

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 We will use the personal information you provide to us:

1. To supply the products to you;
2. To process your payment for the products;
3. To pass on to the independent contractor if you have requested us to arrange the fitting service;
4. If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

14.2 We will only give your personal information to other third parties where the law either requires or allows us to do so. Please view our Privacy Policy for further details.

 

15. OTHER IMPORTANT TERMS

15.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

• Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. At present, we are not members of an ADR. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

15.8 Posting reviews on our website.  We reserve the right to remove any posts placed on our website which we deem to be inappropriate or offensive to us, the independent fitters we use or our customers, and by leaving a review you agree that you are allowing us to use that information and accept that we may post that information elsewhere for advertising and marketing purposes.

 

16. PROMOTIONS AND SPECIAL OFFERS

16.1 Occasionally we may offer promotions or special offers on some of our products. All of our promotional offers are available strictly for the time/product/offer stating on that promotion and only one promotional offer can be used per order and per household and are subject to availability.

16.2 We reserve the right to withdraw and/or discontinue any promotion or offer at any time without notice.

 

17. FITTING SERVICE

17.1 We can arrange for the fitting of our products if the products are to be fitted in the Midlands area, but this service is not provided directly by us and we act only as a platform in this regard to introduce you to a fitter, and is subject to availability.

17.2 We can contact an independent contractor on your behalf to complete all of your fitting services. For this reason, any issues that arise during the process of installation will be the responsibility of the independent contractor. For the avoidance of doubt, no contract in relation to the fitting service will exist between you and us and the only contract will be between you and the fitter.

17.3 For your assurance, all of the independent contractors that we recommend possess full liability insurance.

17.4 If you have requested an expert flooring fitter to professionally fit your floor, then we will contact you as soon as possible to arrange a suitable time and date, subject to your and the fitter’s availability. Please visit our Fitting page to find out more about booking a fitter.

17.5 Once the date of your fitting has been confirmed, it is your responsibility to make the rooms as accessible as possible. Please ensure that all valuables and breakables are removed from the area. Rooms should be clear and ready for the fitter to start work. If there are any items of large furniture that you will require assistance to be moved, please let us know prior to confirming your booking. In some circumstances, your fitter will be able to assist in the removal of large items (e.g. a sofa or dining table), but it is essential that you provide us with the details of such furniture at time of booking. Your fitter reserves the right to refuse to move large items of furniture if they are deemed too heavy or will be unsafe to move. Therefore, always ensure you provide us with all details at time of booking, so necessary arrangements can be made.

17.6 If you require any additional services, such as uplifting of old floor or door shaving (please visit our Fitting page for our extensive list of additional services), then you must make us aware of this at time of booking, so that this can be included in your fitting quote and we can ensure that your fitter has the appropriate tools for carrying out all of the services required. The fitter will be unable to complete any of these additional services if we have not been notified of this prior to your fitting date and the fitter may charge you an amount as reasonable compensation if the works cannot be completed.

17.7 If you have chosen the ‘Uplift and Disposal’ service then we will ensure that your existing flooring is fully removed, taken away and disposed of. However, if you have not booked this service, it will be your responsibility to remove and dispose of any existing flooring prior to your fitting date. Your fitter will be unable to dispose of any remnants of your old flooring if you have not opted for this service.

17.8 The fitter will clean up and dispose of any off-cuts only and if you would like to keep any off-cuts of your new flooring, then you must inform the fitter at time of arrival, so that they can put these aside for you.

17.9 Fire doors. The fitter will be able to remove fire doors in order to allow access for fitting. However, they will be unable to re-hang or carry out any carpentry (i.e. door shaving) on these types of doors.

17.10 The price of fitting is calculated based upon the size of the room, the complexity of the fitting and the time it is likely to take to fit. You will be provided with a quote prior to confirming your fitting date.

17.11 In some circumstances, due to the nature of the work, the fitter may not arrive at the specified time (e.g. due to traffic delays). Should the fitter be running late, they will contact you and provide you with an estimated time of arrival. However, you can rest assured that even if your fitting takes longer than originally predicted, you will not be charged extra and the service will be fully completed.

17.12 The fitter will endeavour to complete the work with care and skill, however due to the nature of the work, very occasionally marks and scuffs can occur to paintwork. The fitter will not be liable for and will not undertake any redecoration, unless the damage has been caused by the fitter’s negligence.

17.13 You will be required to pay a 15% deposit in order to confirm your fitting date. The remainder of the fee must be paid directly to the fitter in cash on the day of completion.

17.14 If you have any complaints about the fitting service provided, then please contact the independent contractor directly. If you are unhappy with the outcome then please contact us, however we do not make any warranties or representations as to what steps we will take in regard to such complaints.

17.15 Cancelling the fitting service. When and how you can cancel the fitting service depends on when you have requested the service to start.

17.15.1 You have 14 days after the day we contact you to confirm acceptance of your request to cancel the fitting service and:

• If you have not requested the services to start within that 14-day period, and you cancel within that 14-day period then we will provide a full refund of the deposit you have paid.
• If you have requested the services within the 14-day period, or you cancel outside of the 14 days period and in both cases provided at least 48 hours notification of cancellation, we will retain the deposit as compensation for the net losses incurred as a result of your cancellation.
• If your cancellation is not within the above periods and you do not provide 48 hours notice of cancellation, you will be liable to pay the fitting charges in full.

NB. Your fitting date starts at 9am on the date requested.

17.16 If the fitter attends the property and cannot, for any reason, gain access to complete the fitting, the fitter will wait for a period of 30 minutes after arrival, but if access still cannot be gained after that time, then it will be deemed that you have cancelled the service and you will be liable for the full fitting fee.

 

TERMS OF WEBSITE USE POLICY

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

WE MAY SUSPEND OR WITHDRAW OUR SITE

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is generally directed to those living within the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations outside of the UK.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• Use of, or inability to use, our site; or
• Use of or reliance on any content displayed on our site;
• In particular, we will not be liable for:
• Loss of profits, sales, business, or revenue;
• Business interruption;
• Loss of anticipated savings;
• Loss of business opportunity, goodwill or reputation; or
• Any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

CHANGES

We may revise this user policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this user policy may also be superseded by provisions or notices published elsewhere on our site.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

USE OF OUR TRADE MARKS

You are not permitted to use any of our trademarks, whether they are registered or not, without our approval.