Terms and Conditions

Terms and Conditions

 

1. Basis of Sale

 

1.1 These Terms, the Order, the Order Confirmation and our price list are considered by us to set out the whole agreement between you and us for the sale of the Goods. Please check that the details on the Order are complete and accurate before you commit yourself to the contract. Please ensure that you read and understand these Terms before you sign and submit the Order as you will be bound by the Terms once a contract comes into existence.

1.2 Any samples or descriptions we issue are an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.

1.3 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.

1.4 Any quotation for the Goods is given on the basis that a binding contract shall only come into existence once an order has been agreed.

1.5 We shall advice you the reference number to the Order and inform you via email Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.

1.6 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

2. The Goods

2.1 We will take every reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.

3. Delivery

3.1 We will deliver the Goods to your door at the address requested in the Order. Due to our insurance guidelines we are unable to deliver the Goods directly into your home, therefore please arrange for support at time of delivery. Our delivery policy requires delivery by lorry or van. If there is likely to be any difficulty on access by our delivery vehicle due to weight or width restriction we require prior notification in order to discuss alternate delivery options.

3.2 We will aim to deliver the Goods to you within five working days of the date set out in the Order receipt and will notify you that they are ready for dispatch. We shall advise you, when possible, of the approximate delivery period ( AM or PM).

3.3 Delivery of the Order shall be completed when we deliver the Goods to you.

3.4 We will take every reasonable steps to meet the delivery date set out on the Order Confirmation or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.

3.5 If you fail to take delivery or refuse without prior notification we will charge you all our costs including temporary storage. We accept no liability for late delivery.

3.6 If you have not taken delivery of the Goods as you have not arranged for adequate support to take the Goods on the day of delivery you will be responsible for all reasonable costs incurred for redelivery. Redeliveries are charged at £60 or £0.60 per kg whichever the greater. You must contact us by email or by telephone to arrange redelivery.

3.7 If you have not taken delivery of the Goods within two weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or request any shortfall below their price.

3.8 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment but we will replace the defective product.

4. Defective goods and returns

4.1 In the unlikely event that the Goods do not conform with these Terms, please let us know promptly after delivery. We will arrange for collection of the Goods or ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will as we consider appropriate and reasonable:
(a) repair the Goods; or
(b)replace the Goods; or
(c)provide you with a full or partial refund.

4.2 These Terms will apply to any repaired or replacement Goods we supply to you.

5. Title and risk

5.1 The Goods will be your responsibility from the time of delivery.

5.2 The ownership of the Goods will only pass to you when we receive payment in full for the Goods, including delivery charges.

6. Price and payment

6.1 The price of the Goods will be clearly outlined in the Order Confirmation based on our price list in force at the time.. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing or by email.

6.2 These prices will include VAT. However, if the rate of VAT changes between the date of the Order Confirmation and the date of payment we will implement the change in the rate of VAT.

6.3 Payment for all Goods must be made in advance by credit or debit card or bank transfer. We accept payment with Visa, Mastercard, Switch, Solo or Maestro.

6.4 If you do not make any payment due to us by the due date for payment (as set out in clause 6.5), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of RBS Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.

7. Limitation of liability

7.1 Subject to clause 7.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

7.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a)loss of income or revenue;
(b)loss of business;
(c)loss of anticipated savings;
(d)loss of data; or
(e)any waste of time.

However, this clause 7.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

7.3 This clause does not include or limit in any way our liability for:
(a)death or personal injury caused by our negligence; or
(b)fraud or fraudulent misrepresentation; or
(c)any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d)losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e)any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

7.4 We offer no service or warranty in respect of installing or laying the Goods. It is your sole responsibility to arrange for the installation or laying of the Goods at your own cost and your own terms.

8. Events outside our control

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

8.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a)strikes, lock-outs or other industrial action; or
(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d)impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e)impossibility of the use of public or private telecommunications networks.

8.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

9. Assignment

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

10. Notices

All notices sent by you to us must be sent to Natural Floors (NW)Ltd 15 School Lane, Heaton Chapel, Stockport, Sk4 5de. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.

11. General

11.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

11.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

11.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

11.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.

 

Natural Floors (NW) Ltd

 

15 School Lane, Heaton Chapel, Stockport, Sk4 5de.