Terms & Conditions
Your use of the services available on or through the Website www.colourflooring.co.uk (the “Website”, “us”,”our” or “we”) are subject to the following terms and conditions. You must read all of the terms and conditions set out below and if you do not agree to be bound by these terms and conditions you should not use or access the services on this Website. Your continued use of the services on this Website will constitute acceptance of these terms and conditions.
We may amend these terms and conditions at any time by posting the amended terms and conditions on the Website. Such terms and conditions as varied will apply to all transactions after posting. These terms and conditions are effective as at 1 July 2010.
1. ORDERING & PAYMENT
1.1 The Colour Flooring Company only accepts online payment by credit or debit cards. Cheques and bank transfers are accepted for postal or telephone orders.
1.2 All payments must be in UK pounds sterling. The exchange rate that will apply is determined by your card issuer. Please contact your card issuer for further information on the applicable rates of exchange. You agree that we may issue you with invoices in electronic form by email.
1.3 All product prices include VAT where applicable.
1.4 Price and availability are subject to change without notice. Postage and packaging costs will vary depending on where you are in the world and the size and weight of your item. Delivery costs are shown in the shopping cart area.
1.5 Flooring calculator: The Colour Flooring Company is not liable for any shortfall in, or surplus of, material resulting from use of the Flooring Calculator on this website.
1.6 Every effort has been taken to ensure descriptions, photographic reproductions and specifications are correct, however, there may be colour differences between items as viewed on the website and the actual flooring colours, which are caused by the affect of lighting on the perceived colours of images in photographs and the variations in computer screen quality. We reserve the right to change the specification of products without prior notice.
1.7 We will begin supplying the goods you have ordered as soon as you have placed an order and we have received payment in clear funds. You will have the right to cancel any order under the Consumer Protection (Distance Selling) Regulation 2000 or any equivalent legislation in your jurisdiction for any reason provided that you do so within seven working days after the day on which you receive the goods. Notice of cancellation must be in writing and must be sent to us by email to firstname.lastname@example.org or by post to 54 Kynaston Road, London N16 0EU
2.1 We’ll do our best to deliver orders within 7 working days within the UK and 14 working days for overseas delivery (subject to customs clearance) where the goods are in stock, but please allow up to 28 days from our receipt of your order and clearance of your payment for delivery. We will be sure to email you once your order has been dispatched, and if we forsee any major delay in a delivery then we will contact you to let you know as soon as we can. Please note, though, that all delivery dates are estimates only and can’t be guaranteed; we can’t accept any liability for any direct or indirect loss or damage resulting from delivery outside of these estimated timescales.
2.2 Samples are delivered via Royal Mail standard postal service. All other deliveries are via a carrier service which will deliver to your door weekdays between 8am and 6pm. You will need to sign for your delivery and should inspect your flooring as soon as it arrives – which means checking (but not opening) flooring packs for visible damage. You or the person acting for you should note down any transit damage at that time on the delivery note. If there is no one available to sign for an arranged delivery our carrier will attempt a re-delivery or you may have to collect your order from the carrier’s nearest depot or else become liable for redelivery charges. You may choose at the time of ordering to have the delivery left with a friend, neighbour or another place specified by you, but The Colour Flooring Company cannot be responsible for any transit damage or for any subsequent loss or theft of the goods if you choose not to sign for your delivery.
2.3 Flooring deliveries could be made on a truck or a van, so we will assume that the delivery address will be accessible. If there is likely to be a problem, e.g. the road is subject to restricted access, please inform us at the time of order. While we do our best to deliver to the majority of the United Kingdom and most overseas countries, we reserve the right to refuse your order if our carrier can’t deliver to your location or if our estimated cost of carriage is more than the delivery charge itemised on your order.
2.4 Please note that all shipments to OUTSIDE the European Union (EU) may be subject to import duties and taxes, which are levied once a shipment reaches that country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and can’t predict what they may be. If your order does incur import duties and taxes by your local customs authority in your country, then these will need to be paid direct by you to them before they will release your shipment. Customs policies vary widely from country to country, so you may want to contact your local customs office for further information. You agree to indemnify us in full in respect of any such duties and taxes.
3. RETURNS & REFUNDS POLICY
3.1 We hope you will be pleased with your new purchase. But if for any reason you change your mind after placing your order, we will accept whole orders returned to us within five days of delivery. The goods must be returned undamaged and packaged securely. We will arrange a refund within 28 days of receipt. The original delivery costs incurred by The Colour Flooring Company are non-refundable, though, and we can’t accept returns of part orders.
3.2 If you’re unlucky enough to find that any items in your order from the Colour Flooring Company have been lost or damaged in transit, please make sure that this is noted down on the carrier’s delivery note and contact us immediately via email at email@example.com. We cannot accept claims for missing or damaged goods after the carrier has left the delivery address, unless they have been signed for as damaged or missing.
3.3 In the unlikely event that any of the items in your order are faulty, you have 3 days after delivery to let us know. We will ask you to return the damaged or faulty goods to us straight away. Shipping charges on returned items are at the customer’s expense and we don’t accept responsibility for goods lost or damaged in transit. Return delivery charges will be refunded only if goods are faulty or an error has been made by us. Your statutory rights are not affected.
3.4 You must let The Colour Flooring Company know of your request to return goods for any reason by emailing us at firstname.lastname@example.org
3.5 Check that all flooring products are in perfect condition before using them. The Colour Flooring Company cannot accept any claims for damaged, faulty or mis-described items once they have been used or fitted. Such use or fitting shall be taken as proof that the buyer or his agent has accepted that the goods are in perfect condition. You must accept full responsibility for the suitability of the items ordered for the purpose to which they are used.
4.1 Names of fitters supplied by the Colour Flooring Company are provided solely for your convenience. The Colour Flooring Company has not vetted these fitters and does not control and is not responsible for the quality of their work. The Colour Flooring Company therefore does not endorse or make any representations about them or any results that may be obtained from using their services. If you decide to use any of the fitters provided by phone, email or listed on our website you do so entirely at your own risk.
5. PRIVACY NOTICE
5.1 Personal data received during the order process is used solely for the purpose of processing and delivering your order. Your information will not be passed on to any third parties. If you have subscribed to our mailing list, you may unsubscribe at any time by sending a blank email with “Unsubscribe” in the subject line to email@example.com
6.1 The content available through the Website is the sole property of The Colour Flooring Company and is protected by a patent, copyright and intellectual property laws. Images used in this website are reproduced with the express permission of the relevant photographic agency. Copyright is retained by the photographic agency or The Colour Flooring Company. The copyright on this Website is owned by The Colour Flooring Company © 2010. Any unauthorised reproduction is an infringement of our rights and may result in legal proceedings.
7. ADDITIONAL TERMS & CONDITIONS OF USE
7.1 The user may access any part of the site to view for personal non-commercial use only. Copying, distributing or any use of the materials contained on the Website for any commercial purpose is prohibited.
7.2 The content of the Website is for general information only and does not constitute any form of advice or recommendation upon which a specific decision should be made. The Colour Flooring Company has done its best to ensure the accuracy and currency of the materials contained on its Website but excludes any warranty express or implied as to quality, accuracy, timeliness, completeness or fitness for a particular purpose of the material contained in this Website. The Colour Flooring Company will not be liable for any claims, penalties, loss, damages or expenses arising from the use or the inability to use the Website or from any unauthorised access or alteration to the Website (by any third party). Whilst we take reasonable steps to protect our system from electronic virus attack or other harmful event we give no warranty that the Website is free of any virus or harmful matter.
7.3 The Colour Flooring Company accepts no responsibility for loss or damage that may arise from reliance on information or advice contained on its Website.
7.4 Any rights not expressly granted herein are reserved to The Colour Flooring Company.
7.5 The Colour Flooring Company reserves the rights at any time to suspend or terminate your access to or use of the Website.
8. LIMITATION OF LIABILITY
8.1 No Warranty. We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our Website and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance, merchantability or fitness for a particular purpose.
8.2 Limitation of Liability. Nothing in this user Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect of consequential damages (however arising, including negligence) arising out of, or in connection with, this agreement or your use of the website. We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability of negligence) for the acts of omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the gathering of (a) the total sum you have paid to us in relation to the goods ordered by you giving rise to liability, and (b) £100.
8.3 Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions (including the documents incorporated by reference) or your violation of any law or the rights of a third party.
8.4 Notices. Unless otherwise stated, notices to us must be sent by registered mail to The Colour Flooring Company, 54 Kynaston Road, London N16 0EU, United Kingdom and notices to you will be sent to the email address that you provide to us during the ordering process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
9. APPLICABLE LAW, JURISDICTION AND MISCELLANEOUS
9.1 These Terms & Conditions of use shall be construed and interpreted in accordance with English Law. The courts of England and Wales shall have exclusive jurisdiction in relation to any claim, dispute or other matters arising therefrom. For the exclusive benefit of The Colour Flooring Company it shall retain the right to bring proceedings in the courts of the country of residence of any user of the Website.
9.2 If any provision of these Terms & Conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions which shall continue to have full force and effect.
9.3 These terms are not intended to confer any benefit on a third party under the provision of the Contracts (Rights of the Third Parties) Act 1999.
9.4 The failure of The Colour Flooring Company to exercise any right or remedy under these Terms & Conditions shall not constitute a waiver of that right or remedy.