Terms & Conditions

TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision of floor fitting services by Whilton Locks Carpet Co. Ltd (CRN: 03581352) of registered office address Whilton Locks, Daventry, Northamptonshire, NN11 2NH (“Whilton”) to customers who require floor fitting services to be provided at their home. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

These Terms and Conditions apply where the customer is a “consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation   

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.2 Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, fax, or other means, but excluding text or similar.

1.3 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

1.4 Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.

1.5 Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.

1.6 The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.

1.7 Words signifying the singular number will include the plural and vice versa.

1.8 References to any gender will include any other gender.

1.9 References to persons, unless the context otherwise requires, include corporations.

2.    Information about Us

2.1 We are a private limited company.

2.2 We are registered in England under number 03581352.

2.3 Our registered office is at Whilton Locks, Daventry, Northamptonshire, NN11 2NH.

2.4 GB581476712

3. Communication and Contact Details

3.1  If You wish to contact Us with questions or complaints, You may contact Us by telephone at 01327 842172 or by email at reception@whiltonlocks.co.uk.

3.2  In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:

3.2.1contact Us by email at reception@whiltonlocks.co.uk; or

3.2.2 contact Us by pre-paid post at Whilton Locks, Daventry, Northamptonshire, NN11 2NH.

4. Orders

4.1 We accept orders for Floor Fitting Services via telephone, email and in person.

4.2 When placing an Order You should set out, in detail, the Products and/or Floor Fitting Services required or agree those provided by Us to You in our site survey form. Details         required include the location of the Property, the number and type of rooms in which work is required and the type(s) of flooring required (e.g. wood-laminate, carpet, luxury               vinyl tiles ). We will provide You with an order form containing prompts for all required information. All such details will be set out in the Order Form.

4.3 Once the Order is complete and submitted, We will prepare a Quotation and send it to You by email. The Quotation will set out the required Deposit (if applicable) and fee            (see  Clauses 5 and 6).

4.4 If We cannot accept your Order, We will inform you of this in writing.

4.5 You may make changes to the Order and Quotation before accepting it.

4.6 Following our site survey, You may accept a Quotation by signing and dating a copy of it and returning it to Us within 14 calendar days after the date We issue the Quotation.

4.7 When (but not before) You have accepted the Quotation, signed and dated or verbally or by electronic signature, and You have paid the Deposit, a legally binding contract between You and Us will be created for Us to provide the Floor Fitting Services and for You to pay for them. We will then attach the signed Order Form and complete any blanks         in the Order Form in accordance with the Quotation, together with a receipt for payment, once made.

4.8 If you wish to change your Order after accepting the Quotation, please contact Us and We will tell you whether or not the change can be accommodated, along with any changes to the fees payable as a result. If we cannot accommodate the changes or the changes to the fees or other matters are not acceptable to you, you may cancel in accordance with Clause 13 and/or 14.

5. Deposits

5.1 Unless agreed otherwise by Us, at the time of accepting the Quotation You will be required to pay Us a Deposit. The Deposit will be as stated in the Order Form.  We will not           confirm an Order until the Deposit is paid in full.

5.2 If you cancel the Floor Fitting Services, We may retain some or all of the Deposit as set out in Clauses 13, 14 and 15.

6. Fees and Payment

6.1 The Quoted Fee will include the price payable for the Floor Fitting Services and for the estimated Products required.

6.2 We will, where reasonably possible, use only the Products (and quantities of Products) set out in the Quotation and the Order Form; however, if additional Products are required, We will adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum, will keep You informed at all times, and will not proceed without your agreement.

6.3 If the price of Products or services increases during the period between Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee. If You do not wish to accept the increase, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.

6.4 The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes, We will adjust the amount of VAT that You must pay.

6.5 We will invoice You prior to ordering Products. Products will be ordered once the Deposit has been received by Us.

6.6 Any amount of the Quoted Fee not included in the Deposit must be paid by You not less than 3 days in advance of the commencement of any Floor Fitting Services commencing.

6.7 We accept the following methods of payment: Debit/credit card; Cash; Cheque; and  BACS of Faster Payment

6.8 If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 4% above the base rate of HSBC Bank plc from time to time until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.

6.9 If You have promptly contacted Us to dispute an invoice in good faith, We will not charge interest while such a dispute is ongoing.

6.10 The risk in any Products transfers to You on delivery. Title in any Products does not transfer to you until payment is received in full.

7. Floor Fitting Services

7.1 We will provide the Floor Fitting Services via a Floor Fitter, in accordance with the specification set out in the accepted Quotation and in the Order Form (as may be amended by agreement between You and Us from time to time).

7.2 We will use reasonable endeavours to ensure that the Products We use match those chosen by You and, where applicable, are consistent throughout the Property (or relevant parts of the Property) and that they are installed in reasonable time on the agreed dates, but time is not of the essence. There may be slight variations to the same Products as a result of differences between photographs, catalogues and other materials, and the Products themselves, or as a result of minor technical changes which will not impact your use of the Product in question. Product packaging may also vary. If different Products are required due to non-availability, We will not supply them without consulting with You first, in advance of the Job. If You do not wish to accept the alternative Products, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.

7.3 We will ensure that the Floor Fitting Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.

7.4 We will ensure that Floor Fitter complies with all relevant codes of practice that may apply from time to time, voluntary or otherwise.

7.5 You will be responsible for the disposal of all waste that results from Our provision of the Floor Fitting Services unless agreed otherwise.

7.6 Where a Job is to last for more than one working day, the Floor Fitter will, where reasonably possible, leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will, wherever possible, store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.

8. Faulty Products 

8.1 If any Products are supplied in the course of Us providing the Floor Fitting Services, and You discover a defect with one or more of those Products or if the Product or Products have been incorrectly described, You should inform Us using the contact details above in Clause 3.

8.2 Within the first 30 calendar days, You are entitled, at Your option, to a full refund, to keep the Product(s) at a reduced price, or to a repair or replacement.

8.3 After the first 30 calendar days, and for the first six months, We will, at Our option, repair or replace any defective Products or, if a repair or replacement is not practicable or possible, or if a repair or replacement is unsuccessful, You are entitled to a full refund. Alternatively, You may keep the Product(s) at a reduced price. This right may not apply if We can prove that the defect has been caused deliberately or negligently by You, or as a result of Your failure to follow instructions specified by the manufacturer.

8.4 After the first six months, if any Product develops a fault, You must prove that the Product in question was faulty at the time We supplied it and You took ownership of it. You may be entitled to a repair or replacement, or to a partial refund for up to six years depending upon the nature of the Product and how long it can reasonably be expected to last.

9. Problems with our Service

9.1 If there is a problem with the result of the Floor Fitting Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to repeat or fix the service, or to get a price reduction if this is not possible.

9.2 We always use reasonable efforts to ensure that Our provision of the Floor Fitting Services is trouble-free. If, however, there is a problem with the Floor Fitting Services, We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Floor Fitting Services as quickly as is reasonably possible and practical.

9.3 We will not charge You for remedying problems under this Clause 9 where the problems have been caused by Us. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.

9.4 As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.

9.5 If We do not perform the Floor Fitting Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price.

9.6 If the Floor Fitting Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Floor Fitting Services), You have the right to a reduction in price.

9.7 If for any reason We are required to repeat the Floor Fitting Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full fees payable for the Job and, where You have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method.

10.Your Obligations

10.1 If any consents, licences, or other permissions are needed from any third parties such as landlords, local authorities, or similar, You must obtain them before We begin to provide the Floor Fitting Services.

10.2 We may ask you to move or remove certain furniture, fixtures and fittings in the Property before we begin work. Unless You and We specifically agree otherwise, this is Your responsibility.

10.3 You will ensure that the Floor Fitter can access the Property at the Agreed Times to provide the Floor Fitting Services.

10.4 You may either give the Floor Fitter a set of keys to the Property or be present at the Agreed Times to give the Floor Fitter access. We promise that all keys will be kept safely and  securely by the Floor Fitter.

10.5 If You do not provide the required access to the Property or make it impossible for Us to provide the Floor Fitting Services by failing to comply with any other provision in this Clause 10, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.

10.6 You must ensure that the Floor Fitter has access to electrical outlets and a supply of hot and cold running water.

10.7 You must ensure that You understand the requirements set out in the APPENDIX to these Terms and Conditions.

11. Complaints and Feedback

11.1 We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

11.2 If You wish to complain about any aspect of Your dealings with Us, please contact using the details set out at Clause 3 above..

12. Changing the Start Date

12.1 If You ask Us to change the Start Date:

12.1.1 We will, where reasonably possible, agree a revised Start Date with You;

12.1.2 If it is not possible to agree a revised Start Date either You or We may terminate the Order Form (see Clause 15).

12. 2 If We ask You to change the Start Date, You may either:

12.2.1 agree a revised Start Date with Us; or

12.2.2 terminate the Order Form (see Clause 15).

13. Cancellation of Contract During the Cooling off Period

13.1  Where the Order Form is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends:

13.1.1 in relation to any Products supplied, at the end of 14 calendar days after the date on which the Products are delivered. If the Products are delivered in instalments, the 14 calendar day period begins on the day that you receive the final instalment; and

13.1.2 in relation to the Floor Fitting Services, at the end of 14 calendar days after the date on which the contract is formed.

13.2 If You wish to cancel the Order Form within the cooling off period, You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax, or email to the postal address, fax number, or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.

13.3 To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.

13.4 If You exercise this right to cancel, You will receive a full refund of any amount paid to the Us in respect of the contract (including, but not limited to, the Deposit, where applicable) unless the products have been delivered or the Floor Fitter booked, in which case you will be charged a re-stocking charge of 20% and a £50 administration fee.

13.5 We will only refund money using the same method used to make the payment. You will not incur any fees as a result of the refund.

13.6 We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 calendar days after the day on which We are informed of the cancellation.

13.7 If You exercise the right to cancel in relation to Products:

13.7.1 We will issue a refund within 7 calendar days and in any event no later than 14 calendar days after We receive the relevant Products (and will include standard delivery charges if You send the Products to Us);

13.7.2 You must return the Products to Us within 14 calendar days of the day on which You inform Us that You wish to cancel and return them;

13.73 We may make a deduction of 20% for re-stocking and a £50 administration charge from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by You;

13.7.4 Please also note that Products that become inseparably mixed with others cannot be returned.

13.8 If the Start Date falls within the cooling off period, You must make an express request for provision of the Floor Fitting Services to begin within the 14 calendar day cooling off period. This request forms a normal part of the ordering process.  By making such a request You acknowledge and agree to the following:

13.8.1 If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;

13.8.2 If You cancel the Order Form after provision of the Floor Fitting Services has begun You will be required to pay for the Floor Fitting Services and any Products that cannot be returned to Us supplied up until the point at which You inform Us of Your wish to cancel;

13.8.3 The amount due will be calculated in proportion to the full price of the Floor Fitting Services and the actual Floor Fitting Services already provided. Any sums that have already been paid for the Floor Fitting Services will be refunded, subject to deductions calculated on this basis;

13.8.4 We will process any refund within 7 calendar days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.

13.9 Clause 14 applies to the termination of the Order Form after the 14 calendar day cooling off period has elapsed.

14. Cancellation Outside of the Cooling Off Period

14.1 In addition to Your rights in Clause 13 relating to the cooling off period, the following applies to Your termination of the Order Form after the cooling off period and before the Start Date (if relevant):

14.1.1 If You cancel the Job after the 14 calendar day cooling off period has expired (or where it does not apply) and more than 3 calendar days before the Start Date, We will refund the Deposit, if applicable, and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation less a re-stocking charge of 20% and a £50 administration fee.

14.1.2 If You cancel the Job after the 14 calendar day cooling off period has expired (or where it does not apply) and less than 3 calendar days before the Start Date, We will retain from the Deposit, if applicable, a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If Our net financial loss is more than the amount of the Deposit (and/or if no Deposit has been paid), We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6. You will be deemed to have cancelled the Job if we have not heard from you for a period of 13 calendar weeks.

14.2 We may need to terminate the Order Form before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit, if applicable, and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.

15. Termination 

15.1 You may terminate the Order Form with immediate effect at any time by giving Us written notice if:

15.1.1 We have breached the Order Form in any material way and have failed to remedy that breach within 30 calendar days of You asking Us in writing to do so;

15.1.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;

15.1.3 You and We have been unable to agree a revised Start Date or You elect to terminate the Order Form under Clause 12;

15.1.4 We are unable to provide the Floor Fitting Services due to an event outside of Our control (see Clause 17).

15.2 We may terminate the Order Form with immediate effect by giving You written notice if:

15.2.1 You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);

15.2.2 You have breached the Order Form in any material way and have failed to remedy that breach within 30 calendar days of Us asking You in writing to do so; or

15.2.3 You and We have been unable to agree a revised Start Date under Clause 12;

15.2.4 You do not provide the Floor Fitter with access to the Property or otherwise make it impossible for the Floor Fitter to provide the Floor Fitting Services, and We have been unable to contact You to re-arrange the Floor Fitting Services under sub-Clause 10.5;

15.2.5 We have been unable to provide the Floor Fitting Services for more than 13 weeks due to an event outside of Our control (see Clause 17)

15.2.6 You have failed to collect any Products held by us for a period of not less than 13 weeks, in which case we will serve a Torts notice on you in the format set out in.

15.3  For the purposes of this Clause 15 a breach of the Order Form will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is material, no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

15.4 If at the termination date:

15.4.1 You have made any payment to Us (including, but not limited to, the Deposit, where applicable) for any Floor Fitting Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of your breaking the Order Form if We terminate it under sub-Clauses 15.2.1, 15.2.2, or 15.2.4;

15.4.2 We have provided Floor Fitting Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

16. Effects of Termination 

16.1 If the Order Form is terminated for any reason:

16.1.1 Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Order Form will remain in full force and effect.

16.1.2 Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Order Form which exist at or before the date of termination.

17. Events Outside of Our Control (Force Majeure)

17.1 We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to power failure, internet service provider failure, strikes, lockouts or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

17.2 If any event described under this Clause 17 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

17.2.1 We will inform You as soon as is reasonably possible;

17.2.2 Our obligations under the Order Form will be suspended and any time limits that We are bound by will be extended accordingly;

17.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Floor Fitting Services as necessary;

17.2.4 You or We may terminate the Order Form (see Clause 15).

18. Liability 

18.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Order Form is entered into. We will not be responsible for any loss or damage that is not foreseeable.

18.2 We will maintain suitable and valid insurance including public liability insurance.

18.3 We provide Floor Fitting Services for domestic and private purposes only. We make no warranty or representation that the Floor Fitting Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

18.4 If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Floor Fitting Services.

18.5 We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Floor Fitter.

18.6 Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.

18.7 Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

19. How We Use Your Personal Data (Data Protection)

We will only use Your personal data as set out in Our privacy policy available at: https://www.whiltonlocks.co.uk/privacy-policy/.

20. Other Important Terms

20.1 We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

20.2 We may transfer (assign) Our obligations and rights under the Order Form to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing.  Your rights under the Order Form will not be affected and Our obligations under the Order Form will be transferred to the third party who will remain bound by them.

20.3 You may not transfer (assign) Your obligations and rights under the Order Form without Our express written permission (such permission not to be unreasonably withheld).

20.4 The Order Form is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Order Form.

20.5 If any provision of the Order Form or 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 the Order Form or these Terms and Conditions and the remainder of the provision in question will not be affected.

20.6 No failure or delay by Us or You in exercising any rights under the Order Form means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Order Form means that We or You will waive any subsequent breach of the same or any other provision.

21. Regulations and Information

21.1 We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and the Order Form has been signed) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Order Form or Quotation for You to see, or We will make it available to You before the Order Form is signed and you accept the Quotation. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

21.2 As required by the Regulations:

21.2.1 all of the information described in sub-Clause 21.1; and

21.2.2 any other information which We give to You about the Floor Fitting Services, or about Us or Our business which you take into account when deciding to accept the Quotation and sign the Order Form, or when making any other decision about the Floor Fitting Services, will be a part of the terms of Our contract with You as a Consumer.

22. Conflict

22.1 Where there is conflict between a term or condition in these Terms and Conditions or a term or conditions in the Order Form, the term or conditions in the Order Form will take precedence

23. Law and Jurisdiction

23.1 These Terms and Conditions, the Order Form, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

23.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.

23.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Order Form, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England as determined by your residency.

Appendices of Terms and Conditions