Terms & Conditions
The Floor Collection Ltd. - Terms & Conditions 2023
WEBSITE Ts&Cs
The term‚ The Floor Collection Ltd‚ or “us” or “we”‚ refers to the owner of the website whose registered office is SAS House Friarswood, Chipperfield Road, Kings Langley, England, WD4 9JB. The term “you”, refers to the user or viewer of our website.
The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and\/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without The Floor Collection Ltd’s prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
1. GENERAL
All agreements (each an “Agreement”) for the supply of goods (“Goods”) by The Floor Collection Limited (the “Company”) to the buyer (“Buyer”) will be subject to these terms and conditions (“Terms and Conditions”, or “Ts&Cs”); these Terms and Conditions shall apply to any and all Agreements, to the exclusion of Buyer’s own terms and conditions or any previous agreements or understandings made between Company and Buyer.
Each Agreement between Company and Buyer comprises: (a) a Quotation specifying Goods ordered and their price, together with (b) these Ts&Cs; together with (c) Company’s Privacy, GDPR and Cookies policy and any other legal notices that Company may add to from time to time and bring to Buyer’s notice, all of which Buyer may access via Company’s website https://floorcollection.co.uk (“Website”).
In the event that the Website contains any element to which the user is unwilling to accept or agree to then the user must immediately cease to use the Website.
2. GOODS
Company reserves the right to amend the description or specification of any Goods if it is required to do so by any statutory or regulatory requirements.
Where necessary Company reserves the right to supply alternative Goods that match as closely possible the original Goods ordered by Buyer. In such circumstances, Company shall (a) supply Buyer with as much notice as possible of the intended substitution and (b) grant Buyer the option to accept the alternative Goods or else cancel the order.
Particular Goods that may benefit from a manufacturer’s guarantee and the terms and conditions of any such manufacturer’s guarantee will be made known to Buyer at the time the order is accepted. Buyer will in such instances have the benefit of such manufacturer’s guarantee on the terms and conditions stipulated by the manufacturer.
It shall be the entire responsibility of Buyer to evaluate and determine whether the Goods are fit for their purpose generally whether or not they are to be used for any particular or special purpose and whether the Goods are suitable for such particular or special purpose or for installation in any particular location, place or situation. Buyer acknowledges that Company is only a seller of the Goods and nothing in these Ts&Cs may be taken to be any warranty or representation that Company has provided installation advice upon which Buyer may rely.
It is acknowledged by Buyer that Buyer shall be responsible for ensuring that the Goods are properly maintained including but not limited to (a) installation methods and suitable evaluated environmental conditions accord with the British Standards Institute’s Code of Practice for Installation of Flooring of Wood, Wood Based Panels and Resilient Floor Coverings (BS 8201,2011,8203) as revised or amended from time to time; (b) providing adequate protection of the Goods against damage (including but not limited to cuts, dents, scratches, discolouration and scuff marks) by using, as appropriate, sanding, sealing or furniture protection products in accordance with the manufacturers’ instructions or guidance or Company’s guidance or Buyer’s own reasonable guidance: and (c) the development and implementation of a reasonable care and maintenance schedule making use of appropriate materials and techniques in accordance with this clause.
3. DISCLAIMERS AND ACKNOWLEDGEMENTS
Company uses all reasonable efforts to ensure that Goods depicted or described on the Website or written literature or in any Order Form, specification or quotation are shown as accurately as possible, but all sizes, colours, weights, capacities, dimensions or textures of the Goods indicated in any of the foregoing are approximate only. Buyer acknowledges that it must take its own steps to evaluate all or any of the foregoing items.
Buyer acknowledges and accepts that due to the inherent nature of any natural Goods, the moisture content and the tongue and groove profiles may vary from batch to batch. The colour, consistency and texture of any of Company Goods may vary from any sample (colour and consistency being capable of change as a result of normal usage and exposure to atmosphere and sunlight).
Company shall not be responsible for laying or installation of the Goods and shall have no liability whatsoever to Buyer or to any other party for any damage to the Goods themselves or to any property whether real or personal of any third party. In the event that Company provides any guidance, advice or suggestions with respect to the installation of the Goods, these are intended as general guidance only and Buyer is solely responsible to ensure that any such guidance may be related to the relevant location or environment in which the Goods are installed and for ensuring that the installation is carried out by properly trained, experienced and appropriately skilled professionals.
4. PRICES
The price of the Goods shall be as invoiced by Company, in writing, at the time of the order.
Company will advise Buyer when orders for Goods are placed.Company reserves the right to vary quoted prices on giving reasonable notice to Buyer to take account of changes in manufacturing costs such as raw materials and labour or other costs which may arise due to factors beyond Company’s control after completion of the Order Form but before delivery (“Delivery”) such costs being inclusive of but not limited to foreign exchange fluctuations, taxes, tariffs, duties and customs charges, or any request by Buyer to change any Delivery date or quantity or type of Goods ordered or any delay caused by instructions of Buyer or Buyer’s failure to provide Company with adequate information or necessary instructions.
The price of the Goods is exclusive of the costs of packaging, insurance, loading, unloading, transport and Delivery which shall be invoiced to Buyer. Delivery charges will be notified by Company to Buyer.
All prices are subject to VAT (unless otherwise stated). Buyer shall on receipt of a valid VAT invoice from Company, pay Company such additional amounts in respect of VAT due on the Goods.
PRICE MATCH PROMISE
4.5.1 If Buyer gets a quotation from Company and Buyer finds it cheaper elsewhere, as long as that cheaper price is inclusive of VAT and includes applicable delivery costs, Company will sell the Product to Buyer at a cheaper price.
4.5.2 The Price Match applies only to identical products in stock immediately available (and not on request) from online sellers who sell to consumers. Such product must be priced fully and accurately.
4.5.3 If Buyer wish Company to Price Match, please contact Company by telephone on 0333 3700022 or email sales@floorcollection.co.uk, clearly stating the details of the particular Product, the seller, the cheaper price Buyer has seen it, where Buyer saw the cheaper price and the date on which Buyer saw the cheaper price.
4.5.4 If Company accepts Buyer’s Price Match claim, Company will send Buyer a revised quotation at the reduced price.
4.5.5 The Price Match does not apply to any special, promotional or discounted offers given by other sellers or any sellers who are in administration or otherwise closing down.
5. RISK IN PROPERTY
Risk of damage to or loss of Goods shall pass to Buyer as follows: (a) in the case of Goods to be delivered to Buyer, risk passes to Buyer immediately upon Delivery having been made; or (b) in the case that Buyer wrongfully fails to take delivery of Goods, risk passes to Buyer at the time when Company has attempted to make delivery of Goods.
Notwithstanding Delivery and the passing of risk in Goods, the ownership (legal title) of Goods shall not pass to Buyer until Company has received, in cleared funds, payment in full of the price of Goods.
6. WARRANTIES
Subject to clause 6.5, here no manufacturer’s guarantee is provided for any Goods, Company warrants that the Goods will be free from material defects in design, material and workmanship and conform in all material respects with their description at the time of Delivery and be fit for purpose.
Save as specified above in clause 6.1, all warranties, conditions or other terms implied in or by law (inclusive of the Consumer Rights Act 2015) are excluded to the fullest extent legally permitted.
Company shall not be liable for any failure to comply with the warranty in clause 6.1 where (a) Buyer has sold, used, or installed Goods (where such sale, use, or installation shall be taken as conclusive evidence that Buyer has accepted Goods notwithstanding that there is a defect in the quality or condition of Goods or that they fail to correspond with the specification); (b) where defects in the Goods have resulted because Buyer has not followed Company’s or manufacturers’ usage instructions or guidelines regarding storage, installation, use, protection and maintenance of, if there are no such instructions or guidelines, all reasonable practices; (c) where the Goods are Bespoke Goods or Buyer has requested Company to comply with a special instruction; (d) Buyer or any third party alters or repairs any Goods; (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, abnormal environmental or storage conditions, or accident attributable to Buyer or any third party; in such circumstances, Buyer waives the right to make any claim against Company.
Subject to clause 6.3 above, any claim by Buyer based on any visible defect in the quality or condition of Goods or their failure to correspond with the specification shall be notified in writing to Company within 7 (seven) days from the date of Delivery. Any other claim shall be notified in writing to Company, with full details, as soon as possible. On condition that, where requested, the Goods have been sent back to Company at Buyer’s expense and Company has been given a reasonable opportunity of inspecting the Goods.
Subject to clause 6.4 above, where any valid claim in respect of any of Goods which is based on any defect in the quality or condition of Goods or their failure to meet their specification is notified to Company in accordance with these Ts&Cs, Company shall be entitled to replace Goods free of charge or, at Company’s sole discretion, refund to Buyer the price of Goods (or a part thereof) but Company shall have no further liability to Buyer.
The warranty set out above shall apply to any replacement Goods supplied by Company.
7. LIMITATION OF LIABILITY
Nothing in these Ts&Cs is intended to be, or shall be, an exclusion or limitation of the liability of Company for causing death or personal injury if this results from any defect in the design or manufacture of the Goods caused by any breach of contract or negligence of Company or its employees, or for fraud or fraudulent misrepresentation, or liability for defective products under the Consumer Protection Act 1987.
Subject to clause 7.1, company shall not be liable to Buyer, whether in contract, tort (including negligence), for breach of statutory duty or otherwise arising under or in connection with any Agreement for (a) loss of profit; (b) loss of sales or business; (c) loss of contracts; (d) loss of anticipated savings; (e) loss of use or corruption of software, data or information; (f) loss of, or damage to, goodwill; and (g) any indirect or consequential loss.
Subject further to clause 7.1, the total liability of Company to Buyer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with any Agreement, shall be limited to the value of the price paid for the Goods giving rise to the claim.
8. PAYMENT
Buyer to make payment in full of the price of Goods at the time of order and prior to delivery.
9. FORCE MAJEURE
In this clause 9, “Force Majeure Event” means any event beyond either party’s reasonable control, or by its nature could not have been foreseen, or if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving the relevant party’s own workforce or that of any third party), failure of energy sources or transport networks, acts of God (including but not limited to earthquakes, storms, tempests, tsunamis, volcanic activity or seriously adverse weather conditions), war, military conflict, or preparation for war or military conflict, terrorism, insurrection, revolution, riot, civil commotion, interference by civil or military authorities, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of buildings or structures, fires, floods, epidemics or pandemics including new strains of influenza or coronavirus and governmental or legal regulations designed to control or limit the spread of any epidemics or pandemics (including novel coronavirus), or default of suppliers or subcontractors.
Neither Company nor Buyer shall be liable for any failure or delay in performing its obligations under any Agreement to the extent that such failure or delay is caused by a Force Majeure Event.
In the event of any Force Majeure Event affecting either party, the time for performance of Company’s obligations shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or has failed to be performed. If such period continues, Company may terminate the Agreement by written notice to Buyer.
10. RETURNS
Goods supplied can only be returned by prior arrangement and will be confirmed in writing.
Buyer must notify Company of your request to return Goods by email to sales@floorcollection.co.uk
Conditions, Costs and Re-Stocking charges for the return of Goods, are all subject to the manufacturer’s individual Returns Policies/Procedures. (For further information, please refer to the Returns Policy on our website www.floorcollection.co.uk/returns-policy)
11. LAW AND JURISDICTION
These Ts&Cs and each Agreement shall be governed and interpreted by English law.
Any dispute relating to these Ts&Cs or any Agreement shall be regulated by the courts of England and the parties agree to submit to the jurisdiction of the English courts.
12. DELIVERY INFORMATION
Charges for delivery are listed on each product page.
Charges may vary within the UK and Islands, your delivery cost will be confirmed on your invoice.
Delivery in the UK shall be made ‘Kerbside’, the buyer or third party as appropriate is responsible for moving Goods from the ‘Kerbside’ into the end-customer’s property where the Goods will be installed.
Full delivery information, are all subject to the manufacturer’s individual Delivery Procedures. (For further detailed information, please refer to the Delivery Information Page on our website www.floorcollection.co.uk/delivery-information).