TERMS AND CONDITIONS
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. The term Products includes all products listed on our site including, without limitation, flooring (Flooring). Some of the Terms relate to Flooring only, in which case we will specifically refer to Flooring.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the box marked "I have read and accepted the Terms and Conditions" if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1.1 We operate the website www.colourflooring.co.uk. We are the Colour Flooring Company Limited, a company registered in England and Wales under company number 07285446 and with our registered office at 171-173 Gray’s Inn Road, London, UK, WC1X 8UE. Our main trading address is 54 Kynaston Road, London, UK, N16 0EU. Our VAT number is GB 124861810.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us or contact our customer service team by post at 54 Kynaston Road, London, N16 0EU. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0207 254 3526 or by e-mailing us at firstname.lastname@example.org.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at 0207 254 3526 or by e-mailing us at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 17.
2.1 The images of the Flooring on our site are for illustrative purposes only. Although we have made every effort to display the colours and patterns accurately, we cannot guarantee that your computer's display accurately reflects the colour or pattern of the Flooring. Your Flooring may vary from those images.
2.2 Our Flooring is available in many different colours and patterns, any colour or pattern may be discontinued at any time without notice. In addition, each colour and pattern will vary from to batch to batch, it is therefore important to ensure that you accurately measure your floor, calculate the quantity of Flooring required and place one order for the full quantity. Please note that: (a) due to the colour and pattern varying from batch to batch there may be a slight difference in colour or pattern between the sample provided and the Flooring delivered; and (b) as with all vinyl, rubber and cork flooring exposure to harsh sunlight or heat may cause the Flooring to fade or discolour, and (c) if your Flooring is delivered in more than one piece, you should always check for any unwanted colour or pattern variation between pieces or planks before fitting.
2.3 We send our Cork samples our in 7cm squares. Because of the nature of the product this means it is impossible to see the full natural variation of the cork pattern on a sample this size. This can include dimpling, variation in grain and patterning etc. Please make sure you are happy with the Flooring before fitting.
2.4 We offer a ‘flooring calculator’, which you can access online or which we may use to provide you with estimates of Flooring quantities by email or phone, and whilst we endeavour to ensure that the calculator provides accurate results, we give no warranty, express or implied, as to the accuracy of any calculations provided through the use of the calculator and do not accept any liability for loss or damage, arising out of or in connection with the use of the calculator including any calculation provided.
2.5 Although we have made every effort to be as accurate as possible, because our Flooring is cut to size, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
2.6 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. available on request.
Because our website is based on a non-European platform, your data may be processed in the States. 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 firstname.lastname@example.org.
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 8.3. Subject to clause 8.2, this means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However PLEASE NOTE this cancellation right does not apply in the case of any Flooring which has been cut to size to meet your requirements. Despite the cancellation right not applying to Flooring that has been cut to size, we may in our sole discretion allow you to return the Flooring, subject to a restocking charge of 30% of the price paid by you for the Flooring. We cannot accept returns of part orders or rolls cut to size of 3 sq m or less.
8.3 If you are a consumer your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. Your deadline for cancelling the Contract is the end of 14 (fourteen) days after the day on which you receive the Products. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 3 January you may cancel at any time between 1 January and the end of the day on 17 January.
8.4 If you are a consumer and you wish to exercise your right to cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to our customer service team at 54 Kynaston Road, London, N16 0EU. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you exercise your right to cancel after we have despatched the Products to you you must send the Products back to us, and inform us that you done so, without undue delay and in any event not later than 14 days from the day on which you communicated your cancellation to us.
8.5 If you are a consumer and you have exercised your right to cancel a Contract you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. We will process the refund due to you as soon as possible. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
8.6 You may return the Products to us if they are damaged, faulty or mis-described. We will refund the price of the Products in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us. You must inform us in writing, within 3 days of delivery (or attempted delivery if refused), that the Products have been returned.
8.7 We will refund you on the credit card, debit card or PayPal account used by you to pay.
8.8 You must check that all Products are the right size, colour, pattern and in perfect condition before using / fitting them. We 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 you have accepted that the Products are in perfect condition. You accept full responsibility for the suitability of the Products ordered for the purpose for which they are used.
8.9 In the event that you are unhappy with your Flooring we may ask you to send us photographs to illustrate the issue, both close up and wider room shots. We may not be able to resolve your issue until these have been received.
8.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.1 We will endeavour to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation. If we are unable to meet the estimated delivery date we will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us. Delivery is to roadside only. Please ensure there is manpower available at the delivery address to accept large orders.
9.3 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 the Products as soon as they arrive. If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to the carrier’s depot, in which case, the 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 re-delivery charges). You may choose at the time of ordering to have the delivery left with a friend, neighbour or another place specified by you. If you choose a delivery option where the Products will not be signed for this will be entirely at your own risk, we cannot be responsible for any transit damage or for any subsequent loss or theft of the Products. 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.
9.4 If you are unlucky enough to find that Products 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 firstname.lastname@example.org. We cannot accept claims for missing or damaged Products after the carrier has left the delivery address, unless they have been signed for as damaged or missing.
9.5 The Products will be your responsibility from the completion of delivery. In other words, the risk in the Products passes to you when you take possession of the Products.
9.6 You own the Products once we have received payment in full, including all applicable delivery charges.
9.7 Whilst 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.
9.8 If you order Products from our site for delivery to a destination outside the European Union, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.9 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.10 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will write to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11.1 You can only pay for Products using a debit card, credit card or PayPal account.
11.2 Payment for the Products and all applicable delivery charges is in advance.
11.3 If your payment is not received by us and you have already received the Products, you:
(a) must pay for the Products within [insert figures eg 7 days]; or
(b) must return them to us as soon as possible. If so, you must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the Products) and not use them before you return them to us.
11.4 If you do not return any Products (such as where you have not paid for them) we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.
11.5 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.
11.6 Nothing in this clause affects a consumer’s legal right to cancel a Contract during the “cooling off” period as detailed in clause 8.3 above.
12.1 Subject to terms set out in our warranty statement (see clause 12.3 for hyperlink), we provide a warranty that on delivery and for a period of 10 years in the case of vinyl and rubber Flooring as well as Okofloor and between 5 years (commercial use) and 15 years (domestic use) in the case of cork Flooring: (i) our Flooring shall be free of material manufacturing defects, and (ii) the portion of the Flooring that contains the decorative colour or pattern (Surface Wear Layer) will not wear out. “Will not wear out” is defined as the 100% reduction of the Surface Wear Layer over an area comprising at least 5% of the total surface of Flooring installed . This warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the Flooring arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or any third party;
(c) if you fail to operate or use the Flooring in accordance with user instructions;
(d) improper installation, maintenance or refurbishment and use of unapproved auxiliary products;
(e) installation of the Flooring in an inappropriate environment;
(f) any alteration or repair by you or a third party;
(g) any specification provided by you;
(h) defective floor base, for example, improper subfloor patch, underlayments, or subfloors;
(i) welding errors;
(j) inappropriate Flooring choice for the flooring needs or site conditions;
(k) defective adhesive or adhesive application error;
(l) negligent or incompetent cleaning;
(m) changes in areas exposed to high stress and wear;
(n) fading or discolouration due to sunlight or heat;
(o) extreme environmental conditions, including exposure to extreme heat, moisture or dryness (including, for cork Flooring, more than 65%, less than 35% R.H);
(p) the varnish on our cork Flooring is not considered Surface Wear Layer and is not covered by this warranty - this protective coating may need periodic replacement as part of a maintenance programme in certain environments;
(q) the PU coating on our rubber Flooring is not considered Surface Wear Layer and is not covered by this warranty - this protective coating may need periodic replacement as part of a maintenance programme in certain environments;
(r) mechanical damage, burns or chemical contamination;
(s) trivial or insubstantial visual defects, i.e., visual defects not perceptible at 1.5 metres from standing or which are only perceptible in counter light;
(t) office roller chairs must comply with EN 12529 (Type W). Use protective office mats under the rolling chairs;
(u) gaps on cork floating floors (> 0,20mm EN 14085) existing at the time of installation;
(v) high commercial (EN685 Class 34) or industrial (EN685 Class 42) areas will not be covered by this warranty;
(w) product lines not specifically mentioned in clause 12.1 above;
(x) accidents, abuse, misuse, force majeure, damage from heavy furniture or equipment used without sufficient protection, impact damage, hydrostatic pressure, scars from sharp or pointed objects, cuts, tears, scuffs, scratches, misuse, negligence, burns (cigars, candles, etc), water damage, erosion, spiked heel shoe damage, pet claw damage, damage from pebbles, sand or other abrasives;
(y) detectable defects verifiable prior to installation;
(z) difference in shade, pattern or colour. We do not warrant any difference in shade, pattern or colour 1) between samples/photographs and the actual Flooring, 2) from batch to batch, or within a single batch 3) due to exposure to sunlight, 4) resulting from replacement of a portion of your Flooring, 5) resulting from the different age and history of the same product reference/batch;
(aa) squeaking in cork Flooring. Squeaking can have a variety of causes: variations in relative humidity; subfloor unevenness; underlays or other layers below the Flooring etc;
(bb) a failure to follow the relevant Installation and Maintenance instructions on our website (vinyl: Installation, Maintenance. Rubber: Installation, Maintenance. Cork: Installation, Maintenance); or
(cc) any other damage whatsoever caused by external factors.
12.3 The full warranty statement can be found at www.colourflooring.co.uk/pages/warranty, please take the time to read this, as it includes important terms which apply to you.
12.4 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13.1 Details of fitters supplied by us are provided solely for your convenience. We have not vetted these fitters, do not control them and are not responsible for the quality of their work. We do 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.
13.2 Whilst we provide ‘fitting instructions’ these are intended to be guidelines only. Conditions will vary from site to site and it will be the responsibility of your fitter to conduct a site survey and establish the most appropriate installation methods. The quality of the finish including, without limitation, ‘nearly invisible seams’, will to a large extent be determined by the skill of your fitter. We cannot accept any responsibility for loss or damage, including without limitation disappointment with the quality of the finish, that may result from the use of information provided in our fitting instructions or from the quality of workmanship of the fitter used by you.
13.3 Colour matching on welds for both vinyl and rubber Flooring is approximate only and we do not accept any responsibility for colour differentiation. You are advised to test weld before applying to ensure you are happy with the colour and finish. We cannot accept responsibility for any unsatisfactory welding or damage to Flooring resulting from it.
This clause 14 only applies if you are a business customer.
14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
14.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective Products under the Consumer Protection Act 1987.
14.3 Subject to clause we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, services or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.4 Subject to clause 14.2 and clause 14.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price paid by you for the Products.
14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
This clause 15 only applies if you are a consumer.
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples), although in relation to samples there may be a slight difference in colour between the sample provided and the Flooring delivered (see clause 2.2) ; and
(e) defective Products under the Consumer Protection Act 1987.
15.4 Subject to clause 15.2 and clause 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price paid by you for the Products.
16.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.1 When we refer, in these Terms, to "in writing", this will include e-mail.
17.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
17.3 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
17.4 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, on the second business day after posting; if sent by e-mail, one business day after transmission; or, if posted on our website, immediately.
17.5 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.
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
18.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).