LOVE CARPET, A BRAND OF DAVID WINTER TRADING AS CARPET.IT
TERMS & CONDITIONS
VAT No: 944870393
The following terms and conditions apply to all transactions carried out by you on this Web Site. By entering this Web Site and making your first purchase, you accept these terms and conditions.
2. Geographical Restriction
3. Placing an Order
4. Price and Payment Methods
5. Price Guarantee
7. Cancellations Policy
8. Limitation of Liability
9. After-Sales Service
11. Data Protection
12. Floor Covering/Installation
14. Delay or Failure to Perform
16. Supplier Details
1.1 "Consumer" means any person who is purchasing outside the course of his or her business or trade.
1.2 "Goods" means floor coverings available for purchase on our Web Site.
1.3 "We" or "us" refers to Love Carpet, a brand of David Winter trading as Carpet.it.
2 GEOGRAPHICAL RESTRICTION
2.1 This Web Site is only intended to be used and accessed in the UK. We cannot accept any orders from outside the UK.
3 PLACING AN ORDER
3.1 On placing an order, you warrant to us that you are a Consumer.
3.2 The Goods displayed and information about Goods and prices on our Web Site are an invitation to you to offer to buy.
3.3 An order is placed when you have completed and submitted an Enquiry Form and subsequently agreed to the Quotation provided to you by Love Carpet.
3.4 We shall acknowledge receipt of your order with either an e-mail or a telephone confirmation.
3.5 The order shall be accepted by us when you receive our e-mail or telephone acknowledgement. The date and time of the order shall be the date and time at which you first have access to the confirmation message.
3.6 If you receive confirmation of an order that you did not place, or if the details in the confirmation do not match the order which you placed or intended to place, or you have reason to query or cancel the order for whatever reason, you must contact our customer services team within 12 hours by telephone or e-mail to cancel the order or correct the details.
3.7 All quotes are based on presumption that the area is ready to be carpeted, the old flooring uplifted unless specified in writing. Should you require furniture to be removed or the old flooring uplifted and deposed of please inform your co-ordinator, this will also apply to the subfloor. Please make sure that it is even, should this not be the case, then boarding, screening may be required prior to fitting.
3.8 All quotes and orders will be based upon the measurements provided by you the customer. Should you not feel confident of your measurements please inform your sales co-ordinator, who will organise a professional measuring service for a fee of £30.00, redeemable on placement of your order.
3.9 On any orders under 20 square metres there is a minimum fitting charge of £70.
3.10 All prices are based on a minimum order of 20 square metres fitted or supplied.
3.11 £100 cash voucher can only be used once per customer order.
3.12 Minimum order of 80 square metres accompanied by underlay applies to validate voucher.
4 PRICE AND PAYMENT METHODS
4.1 All prices are in pounds sterling (unless otherwise stated). Payment must be made in pounds sterling.
4.2 Payment by card is subject to authorisation by the card issuer. If such authorisation is refused to us, we will not be liable for any delay or non-delivery. There will be a 2.9% charge on any credit card payments.
4.3 Payment will be required as to £50.00 deposit to be paid on placing order, with the remaining balance due upon ordering your goods and completion of the confirmation email proccess. The £50.00 deposit is non-refundable after 90 days if your order has not been placed.
4.4 The price of our Goods may be increased or decreased from time to time and there may be a delay in amending the prices on the Web Site. If this happens we will check with you to see if you wish to receive the Goods at this increased price.
4.5 Any omission or error in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, dispatch note, invoice or other document issued by us may be corrected by us without liability.
4.6 All fitted prices are inclusive of VAT, delivery costs and fitting.
4.7 You will receive an invoice within seven working days of delivery of your order.
4.8 If you fail to make the payment at the time or within the period prescribed by these Terms and Conditions, then without prejudice to any other right or remedy available, we may at our sole discretion:-
4.8.1 suspend the performance of any or all of our obligations under the order; and/or
4.8.2 terminate the order and any other agreement between us for the provision by us of goods or services.
5 PRICE GUARANTEE
5.1 When you buy from us you can be confident that we will not be beaten on price.
6.1 We will do our best to supply the Goods ordered by you within our recommended delivery and installation timescales, and in any event will give a commitment to deliver and install on a set date. Our timescales will be taken from the date of receipt of the deposit. We offer a full service within 7 working days, should your installation take longer than this we will advise you in writing and we will not be held responsible for installations that take longer than our set 7 working days.
6.2 All Goods are offered subject to availability. You will be advised of any delay in delivery and/or installation times or if your Goods are not available. If your order cannot be fulfilled, we will give you a full refund. Delivery's will only be made to ground floor only.
6.3 If your Goods are not delivered and installed as arranged or are damaged in transit or the wrong Goods are delivered and installed, please notify our customer services team by e-mail or by telephone within 7 working days of the date of delivery or installation whichever is later.
6.4 We warrant to you that we will install the Goods with reasonable care and skill and in accordance with the information provided. Any additional materials or works required e.g. uplifting of existing flooring or moving of furniture will be charged separately to the quotation provided.
6.5 If we fail to perform the services, including but without limitation installation of flooring, in accordance with clause 6.4, we will, at our option, re-perform the services (or, where relevant, the part that does not conform). 6.6 The services shall be provided only at the address provided by you when placing your order. Where we provide any timescales for the performance of any services, such timescales are given as estimates only and accordingly no liability shall accrue to us in the event that any such timescales are not met.
6.7 Except where otherwise agreed by us in writing, the services shall only be provided during the hours between 9:00am and 5:00pm each day excluding Saturdays and Sundays and English public holidays.
6.8 You shall provide us and those sub-contractors or agents whom we may use to supply the goods or services with full and safe access to the area where the services are to be provided. When delivering rolls of carpet we will only offer these as a curb side delivery.
6.9 For any deliveries or fittings taking place within London's congestion charge, this cost will be added to the final invoice. Any parking charges will also be added to the final invoice, if not already supplied by the customer.
7 CANCELLATIONS POLICY
7.1.1 If a 'supply' only transaction, you have 7 working days beginning the day after the day you received the goods to cancel. Please ensure that the product is in the same condition as when it was dispatched to you. You are responsible for the cost of returning the goods to us and we advise you to return the goods using an insured and recorded method of delivery. Should you fail to return the goods to us, we reserve the right to collect the goods from you and charge you for that collection.
7.1.2 If a 'supply and fit' transaction, you have 7 working days to cancel beginning the day after the transaction is completed. If you require the goods to be fitted during the 7 day cancellation period you will waive your cancellation rights. In such circumstances we will require written confirmation from you that you are waiving your cancellation rights before we can agree to fit the goods.
7.1.3 Cancellations made outside of the timescales stated above will be void and we cannot grant refunds for monies already paid in such circumstances.
7.1.4 PLEASE NOTE: Where goods are made to the customers own specification, such as measured and cut to size carpets, such transactions can only be cancelled 48 hours before the fitting or delivery date unless a damaged or incorrect carpet has been supplied. If you cancel an order for goods made to the customers own specification a cancellation fee of 20% of your order value will be charged.
7.2 If upon installation Goods are believed to be faulty or damaged then we will arrange for them to be inspected by the manufacturer and if found to be so we will repair or replace the goods where possible, or offer you compensation to keep the keep the goods in their current condition. The time limit for making claims for faulty Goods is 12 months from the date of delivery unless the fault could not have been discovered on you undertaking a reasonable inspection of the Goods within this time period, in which case you will have 14 days from discovery of the fault.
7.3 As a Consumer, there are certain terms implied into your agreement with us, which we cannot exclude or limit. For example, under the Sale of Goods Act 1979 (as amended) we must ensure that the Goods are of satisfactory quality. Nothing in these Terms and Conditions affect these statutory rights.
7.4 Failure to cancel your fitting within 48 hours of the fitting date will result in a fixed cost of £50.
7.5 To return a cancelled order incurs a fixed cost of £100 for collection of cancelled order.
8 LIMITATION OF LIABILITY
8.1.a We shall accept liability to you for any loss of or damage to any property or injury to or death of person caused by any negligent act or omission or wilful misconduct of us or our employees.
8.1.b We shall not accept liability to you for any loss of or damage to any property or injury to or death of person caused by any negligent act or omission or wilful misconduct of our agents or sub-contractors.
8.2 Except for the type of liability referred to at clause 8.1 and except for any other matters for which our liability may not by law be restricted or excluded, our total liability in respect of any contractual breach or representation, statement or tortuous act or omission arising under or in connection with these Terms and Conditions shall not, in cases relating to the supply or non-supply of Goods or services, exceed the total sums paid or payable by you in respect of those Goods or services.
8.3 Notwithstanding anything else contained in these Terms and Conditions (and without limiting our liability in respect of injury to or death of any person caused by any negligent act or omission or wilful misconduct of us, its employees or sub-contractors), we shall not be liable to you for:
8.3.1 any losses which are not foreseeable by both parties when the order is placed arising in connection with the supply of Goods or services or the use of the Goods by you;
8.3.2 any losses which are not caused by any breach by us;
8.3.3 business or trade losses.
8.4 We shall not be liable to you for any loss arising out of any failure by you to comply with your obligations under these Terms and Conditions.
8.5 If a number of defaults give rise to substantially the same loss then they shall be regarded as the same default for the purpose of calculating our maximum liability pursuant to clause 8.2.
8.6 Nothing in this clause 8 shall confer any right or remedy upon you to which you would not otherwise be legally entitled.
9 AFTER-SALES SERVICE
9.1 We provide an after-sales service for all customers. Please telephone our customer services team on 0800 048 27471680 if you require any advice or assistance in relation to the Goods.
10.1 If you have any complaints about your Goods offered on this Web Site, we will be happy to hear from you. Please contact our customer services team at 46 – 48 Mere Green road, Sutton Coldfield, Birmingham, B75 5BT. Tel 0800 048 2747.
11 DATA PROTECTION
11.1 It is our policy to take all necessary steps to ensure that personal data that we hold about our customers is processed fairly and lawfully. We will take all necessary steps to implement this policy.
11.2 In order to process your order for Goods we shall require your name, address, address for delivery (if different) and e-mail address. We shall also require the information necessary for the payment by credit or debit card.
11.3 The information that you provide for this purpose will be used for the purpose of processing your order. We shall hold this information for up to 12 months from the date of your order. If you opt to become a registered user we will hold this information until you notify us that you no longer wish to be a registered user or 12 months from the date of your last order, whichever is the longer.
11.4 In addition, we would like to use your information to let you know about other goods, services and offers, which we have in place from time to time. You may opt out of this use of your information by ticking the box on the relevant order page.
11.5 We do not pass on personal details of our customers to third parties save for save for those employees, sub-contractors and agents whom we may use to deliver the Goods or supply the services.
12 FLOOR COVERING COLOURS/PATTERN MATCHING/INSTALLATION
12.1 Although we endeavour to supply Goods in accordance with the colour charts shown on the Website, we cannot guarantee the products supplied will be an exact colour match to those shown. It is therefore possible that minor differences may occur which are inherent in all naturally produced products. These differences do not occur due to a default in the manufacture of Goods. We would bring your attention to the following matters that are characteristic to carpets and other floor coverings.
12.2 We will endeavour to colour match different carpet widths but cannot guarantee identical matches. Side-by-side pattern matching or consistent room to room linear design directions cannot be guaranteed.
12.3 Pile carpets, especially those with plain grounds, are liable to shading, where light and dark patches arise due to uneven surface pressure. Shading is a natural occurrence in carpets and is not a manufacturing fault and will not affect its durability.
12.4 We would point out that light and delicately shaded carpets are prone to becoming soiled in everyday wear. This may give the carpet an appearance of losing its colour.
12.5 All cut pile fabrics of any fibre type will flatten due to use, particularly in areas of heavy footfall. Regular vacuuming will help to allay this. Pile flattening is a normal reaction to localized traffic and is not a manufacturing defect.
12.6 Carpet seams will be present if the room or area exceeds the width of the carpet selected.
12.7 For when fitting, all laying surfaces provided will be assumed to be level, smooth and sufficiently dry to accept this type of flooring. We cannot accept any liability for the suitability of the product and its installation if these conditions are not suitable.
12.8 All Laminate and Hardwood installations will allow for the recommended manufacturers expansion tolerances and include a beading strip at all perimeter edges to cover the required expansion gap. The only exception to this will be if the skirting boards are removed by the customer prior to installation and refitted by the customer following completion of the installation.
13.1 We do not warrant that use of our Web Site is entirely free from the risk of viruses or other damaging components.
13.2 Where individual products are subject to additional warranties or guarantees given by their manufacturers, you are responsible for applying for the warranty in accordance with the manufacturer's instructions. Such warranties are not enforceable against us, but only enforceable against the manufacturer.
13.3 All Goods ordered will be ordered to the exact sizes as provided on the Enquiry Form. We cannot accept any liability should any product ordered not fit due to any errors in the measurements provided.
13.4 All quotes are given on the presumption that the room is clear and prepared for fitting unless specified in writing - if uplift and disposal is required there will be an additional charge.
If you are based in a restricted parking zone it is your responsability to ensure adequate parking arrangements are made for the fitters visit.
Please note: Fitting price is not inclusive of cutting or easing of doors.
All carpet off cuts will be picked up and left in bags on site. Should you wish for them to be removed please ask the fitter to do so. A charge may apply depending on local authority regulations in your area.
If we have quoted based on your own sizes - if when we arrive on day of installation these are found to be incorrect, extra charges for materials and labour will be applied.
If you require to cancel your fitting, please let us know as soon as possible as failure to cancel your fitting within 48 hours of the fitting date will result in a fixed cost of £50.
The supply and fit of doorbars includes our standard brass or chrome coloured doorbars. Any special request for doorbars will incur an additional charge.
13.5 This does not affect your statutory rights with respect to Goods purchased from us.
14 DELAY OR FAILURE TO PERFORM
14.1 We shall not be liable to you if we are prevented or delayed in the performing of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.
15.1 These terms and conditions are subject to English Law and to the exclusive jurisdiction of the English courts.
15.2 We may freely assign, sub-contract or otherwise transfer in whole or in part the order PROVIDED THAT the quality of Goods and/or services supplied to you is not affected. You may not however do so without our written agreement.
15.3 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
15.4 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded so that no third party may claim any rights under these Terms and Conditions.
16 SUPPLIER DETAILS
16.1 Our full name is Love Carpet, a brand of David Winter trading as Carpet.it. and we are based at 46 – 48 Mere Green road, Sutton Coldfield, Birmingham, B75 5BT.
16.2 Our customer services team can be contacted by e-mail on firstname.lastname@example.org, or by telephone on 0800 048 2747.
17 FREE HOME APPOINTMENT
17.1 Our offer of a free home appointment is for customers who order 2 or more rooms of carpet based in the UK mainland only.
17.2 Customers ordering 1 room of carpet are not applicable to a free home visit. Home visits are available to 1 room customers but at a charge of £35.
17.3 Our friendly Advisors are all approved by our own independent checklist.
17.4 The service we agree to provide to you is:
a) Visit you at the agreed time (unless we contact you if we cannot make that time)
b) Show you our range of samples in your home
c) Measure your room sizes
d) Calculate a free, non-obligatory quotation based on your requirements
18 FREE CARPET SAMPLES
18.1 Free carpet samples are available to all customers enquiring for 2 or more rooms of carpet.
18.2 Each sample pack contains four carpet samples.
18.2.1 Love Carpet, at our discretion, may choose to send fewer or more free carpet samples based on your carpet requirements.