Chiltern Modular Carpet Tiles - Terms and Conditions
57 Albion Road
Nr. Leighton Buzzard
The following terms and conditions apply to the purchase of any goods/products from chilterncarpettiles.co.uk and its associate web sites. By either calling us or accessing our website and placing an order you agree to be bound by all of the terms, conditions and policies set out below or within the website.
Nothing in these conditions affects your statutory rights as a consumer.
Please read these terms and conditions carefully before placing your order with chilterncarpettiles.co.uk. At its discretion, Carpet-tile.net, may change, modify, add or remove these terms and conditions at any time and therefore it is important to read these terms and conditions each time you place an order.
1.1 'Buyer' means the person who buys or agrees to buy the Carpet Tiles.
1.2 ‘Chiltern Modular Carpet Tiles’ – the products to be supplied to the Buyer as specified in the Order.
1.3 'Seller' means chilterncarpettiles.co.uk and Chiltern Modular Carpet tiles Ltd. company registration number 2857225 vat number 639817691 whose registered address is c/o Connelly accountants, 58 High Street, Stony Stratford, Milton Keynes, MK11 1AQ
1.4 ‘Confirmation’ means the email confirmation sent by the Seller to the Buyer confirming the Order
1.5 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.6 'Price' means the net price for the Carpet Tiles as set out in the Confirmation and does not include delivery, packing and VAT.
1.7 'Regulations' means The Consumer Protection Regulations 2000 and subsequent amendments (Distance Selling Rights).
1.8 'Address' means' 57 Albion Road, Pitstone, Nr. Leighton Buzzard, Beds. LU7 9AY.
1.9 'Consumer' shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.
1.10 'Contract' refers to any contract between the Buyer and the Seller for the sale and purchase of Carpet Tiles incorporating these Conditions, whether completed electronically through this website or via other means.
1.11 'Delivery Date' means the date specified by the Seller when the Carpet Tiles are expected to be delivered.
1.12 'Delivery Place' refers to the delivery address as specified by the Buyer in any Order.
1.13 'Order' refers to the Buyer’s offer to purchase Carpet Tiles from the Seller whether electronically or via other means.
2 Applicable Conditions
2.1 Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.
2.2 Each Order that the Buyer places shall be an offer by the Buyer to purchase Carpet Tiles from the Seller, subject to these Conditions.
2.3 Each Order will only be accepted by the Seller and will only become binding once the Seller issues a Confirmation to the Buyer or, if earlier, the Seller delivers the Carpet Tiles to the Buyer in accordance with the delivery terms and conditions set out in these Conditions.
2.4 If for any reason the Seller does not accept the Buyer's Order, the Seller will advise the Buyer as soon as reasonably practicable. This will mean that there will be no binding Contract between the two parties.
2.5 The Buyer must ensure that the details provided to the Seller are complete and accurate and that the Buyer provides all the necessary information relating to the supply of the Carpet Tiles within a sufficient time to enable the Seller to perform the Contract in accordance with these Conditions.
2.6 Any typographical or clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.7 If any provision of these Conditions is adjudged invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of those provisions in question shall not be affected.
2.8 If the Seller is not able to supply the Carpet Tiles and payment has already been made by the Buyer, then following agreement between the Seller and the Buyer, the Buyer's account will be refunded or re-credited with the sum paid by the Buyer. The refund will be carried out as soon as reasonably possible and, in any event, within 30 days of the receipt by the Seller of the Order. The Seller will not be obliged to offer any compensation for any disappointment suffered.
3 The Sale
3.1 Subject to the Buyer's right to cancel the Contract, included within clause 11, the Seller shall sell and the Buyer shall buy the Carpet Tiles in accordance with the Confirmation.
3.2 Any specifications or advertising issued by the Seller and any descriptions or illustrations contained within the Seller’s website or brochures will not form part of this Contract. Such information is by way of guidance or illustration only, and may not bear any relationship with the Carpet Tiles.
3.3 The Buyer shall not be entitled to assign the Contract or any part of it without prior written consent.
3.4 The Seller may assign the Contract or any part of it to any person, firm or company.
3.5 The Seller does not guarantee the continued availability of any range (or any part thereof) of Carpet Tiles listed on its website or in its brochures. A full refund will be given on any part of an Order that cannot be fulfilled in accordance with the Seller’s refund policy.
4 Price and Payment
4.1 The price for the supply of Carpet Tiles shall be as set out in the Confirmation. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the Contract upon written notice to the Buyer. If notice of a price increase is given by the Seller, the Buyer shall have the right to cancel the Order and receive back any sums they have paid.
4.2 Notice of cancellation must be received in writing by the Seller within seven days of notification of a price increase to the Buyer.
4.3 The website contains a large number of Carpet Tiles and it is always possible that, despite the Seller’s best efforts, some of the Carpet Tiles listed on the website may be incorrectly priced. The Seller will normally verify prices as part of its dispatch procedures so that, where the Carpet Tiles correct price is less than the Seller’s stated price, the Seller will charge the lower amount when dispatching the Carpet Tiles to the Buyer. If the Carpet Tiles’ correct price is higher than the price stated on the website, the Seller will normally, at its discretion, either contact the Buyer for instructions before dispatching the Carpet Tiles, or reject the Order and notify the Buyer of such rejection.
4.4 The Seller is under no obligation to provide the Carpet Tiles to the Buyer at the incorrect (lower) price, even after a Confirmation has been sent.
4.5 If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct that error within 60 days of being notified of any error.
4.6 Payment in full for the Carpet Tiles shall be due on the date of the Order.
4.7 No payment shall be deemed to have been received until the Seller has received cleared funds. There will be no delivery until cleared funds have been received.
4.8 Payment for the Carpet Tiles and any applicable delivery charges can be made by any method shown on the Seller's website at the time the Buyer places an Order.
4.9 Payments shall be made by the Buyer without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.
5 Description of carpet tiles
5.1 The Seller may make changes in the specification of the Carpet Tiles which do not materially affect their quality or the level of performance required to conform with any applicable statutory requirements where the Carpet Tiles are being supplied to the Seller's specification.
5.2 Photographs provided on the website are for illustrative purposes only and may not exactly match the Carpet Tiles themselves.
6 Warranties and liabilities
6.1 The Seller warrants that the Carpet Tiles purchased from it are of satisfactory quality and are reasonably fit for the purpose for which products of the kind are commonly supplied.
6.2 The Buyer must provide written (or email) notice of any defect in the Carpet Tiles within 7 days of delivery
6.3 The Seller must be afforded a reasonable opportunity, after receiving the Buyer's notice of defect, to examine the Carpet Tiles in question and the Buyer (if asked by the Seller to do so) shall return the Carpet Tiles to the Address (at the Seller's cost) for the examination to take place there.
6.4 The Seller shall not be liable for a breach of the warranty at clause 6.1 above if:
6.4.1 The Buyer makes further use of such Carpet Tiles after giving notice of the defect to the Seller.
6.4.2 The defect arises as a result of fair wear and tear, willful damage, negligence, misuse, abnormal working conditions or failure to follow the Seller’s oral or written instructions as to the storage or use of the Carpet Tiles.
6.4.3 The Buyer alters or repairs such Carpet Tiles without the Seller’s written consent.
6.4.4 The Buyer has not paid the Price for the Carpet Tiles by the payment date.
6.5 If any Carpet Tiles do not conform with the warranty, then within 30 days of the Seller examining the Carpet Tiles, the Seller (at the Seller's option) will either:
6.5.1 Repair or replace such Carpet Tiles (or the defective part) free of charge; or
6.5.2 Refund the price of such Carpet Tiles (or a proportionate part of the price) provided that the Buyer makes the Carpet Tiles available for collection (or, if the Seller so requests and at the Seller's expense the Buyer returns the Carpet Tiles or the part of such Carpet Tiles which is defective to the Seller at the Address).
6.6 If the Seller complies with the above the Seller shall have no further liability for breach of warranty in respect of such Carpet Tiles.
6.7 On occasions the seller may offer the buyer "seconds or sub-standard" carpet tiles - such products will be clearly labelled and the buyer informed before purchase. A "second or sub-standard" carpet tile may have a small manufacturing fault which might affect the appearance but not the performance of the tile - such tiles are sold "as seen" and no warranty applies. The buyer should view a representative sample to confirm acceptance of the product before placing an order for such goods.
7.1 Every order the Buyer places with the Seller will be delivered direct to the delivery address the Buyer specifies in the Order.
7.2 The Seller will use its reasonable endeavours to deliver the Carpet Tiles to the Buyer within 7-10 working days of sending the Confirmation to the Buyer.
7.3 If the Buyer (or a person authorised by the Buyer) is not at the specified delivery address on the day of the delivery the courier will leave a card with a contact number for the Buyer to call to arrange a new delivery date. It is the responsibility of the Buyer to ensure that someone is present at the address to accept the delivery of the Carpet Tiles.
7.4 If the Buyer or its authorised representative is not present to receive the delivery, the Seller reserves the right to charge the Buyer the full cost of a failed delivery/re-delivery passed on to the Seller by the particular delivery company. These costs may vary depending on the particular delivery company used.
7.5 If a delivery is refused by the Buyer through no fault of the delivery company or the Seller, the Buyer will be held liable for all delivery costs.
7.6 The Carpet Tiles will be deemed to have been delivered once delivered to the address specified in the Order, and the Seller will not be liable to the Buyer for non-delivery of the Carpet Tiles. The Seller does not need to satisfy itself that the person accepting delivery at the specified address is the Buyer (or authorised by the Buyer to accept delivery of the Carpet Tiles). The Buyer is recommended to take receipt of the delivery personally.
Dates and times quoted for delivery are approximate only.
7.7 The Seller shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Carpet Tiles.
7.8 All Carpet Tiles must be signed for by the Buyer, or its appointed representative. The Seller is unable to deliver to unattended premises or to leave Carpet Tiles outside of the Buyer’s address.
7.9 A delivery made to a business address will have the Buyer’s authority for anybody in the building to accept the Carpet Tiles on the Buyer’s behalf. The Seller will accept no responsibility once the Carpet Tiles have been signed for at the Buyer’s address.
7.10 IT IS VERY IMPORTANT THAT THE BUYER OR ITS AUTHORISED REPRESENTATIVE HAS READ THIS PAGE AND IS CLEAR ON THE PROCEDURE FOR ACCEPTING DELIVERIES WITH RESPECT TO SIGNING FOR THE CARPET TILES.
7.11 Deliveries made by national carriers will be delivered by one person and delivered to a ground floor entrance. The delivery services used will only deliver the Carpet Tiles to the ground floor of the Buyer’s designated delivery address. This means that if the Buyer resides in an apartment or a block of flats or operates from any floor of a building other than the ground floor, the delivery driver will deliver to the lobby of the building only. The delivery companies used are not obliged to enter premises, therefore if the Buyer requires assistance with the positioning of the Carpet Tiles, such assistance must be arranged by the Buyer itself.
7.12 Before the Buyer signs for the Carpet Tiles:
7.12.1 for insurance purposes, it is very important that before the Buyer signs for the Carpet Tiles, it checks all external packaging for signs of damage.
7.12.2 If there are signs of damage to the packaging, the Buyer MUST sign for the items as damaged. The Buyer MUST accept all items and contact the Seller straight away, the Seller will then arrange for ANY DAMAGED Carpet Tiles to be replaced.
7.12.3 The Buyer is required to email photographs of the damage before the Seller can send out replacements. All photos must be capable of clearly showing the damage.
7.12.4 The Buyer must count the number of Carpet Tiles that it is signing for. If any Carpet Tiles (or a number thereof) are missing, sign for them as MISSING, accept all offered items and please contact the Seller immediately (or at the maximum, 48 hours after delivery) on 07850 921399.
7.12.5 Please do not sign for the Carpet Tiles as 'UNCHECKED' as this no longer covers you as the Buyer for the insurance of the Carpet Tiles.
8 Acceptance of the carpet tiles and other products
8.1 The Buyer must ensure that it inspects the packaging of the Carpet Tiles carefully for any damage before signing for the Carpet Tiles. The Buyer shall be bound to accept the Carpet Tiles when they are tendered for delivery by the Seller or its delivery company and delivery shall be deemed to take place when the Carpet Tiles are tendered for delivery to the Buyer at the Buyer’s nominated address for delivery whereupon the risk of loss, breakage or any other damage whatsoever shall pass to the Buyer.
8.2 Damage in transit:
8.2.1 If the Carpet Tiles arrive in a damaged condition the Buyer must make a note on the carrier's delivery consignment note and accept the Carpet Tiles. THIS IS ABSOLUTELY CRUCIAL AS THE SELLER IS UNABLE TO REPLACE DAMAGED CARPET TILES THAT HAVE BEEN SIGNED FOR 'RECEIVED IN GOOD CONDITION'. It will be the Buyer’s responsibility to inform the Seller within 48 hours from delivery.
8.2.2 The Buyer must email (or post) us a picture of the damaged Carpet Tiles, this is very important as we need proof of damage to enable us to make a claim on the delivery company’s insurance.
8.3.1 It is the Buyer’s responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Any shortages must be noted on the consignment note and it will be the Buyer’s responsibility to notify the Seller within 48 hours of delivery.
8.3.2 It is the Buyer’s responsibility to notify us of any in-correct Carpet Tiles supplied within 48 hours of delivery.
9 Risk and Title
9.1 Risk of damage to or loss of the Carpet Tiles shall pass to the Buyer upon delivery. If the Buyer wrongfully fails to take delivery of the Carpet Tiles, then risk in the Carpet Tiles shall pass to the Buyer at the time when the Seller (through a delivery company or otherwise) tendered delivery of the Carpet Tiles.
9.2 Ownership of the Carpet Tiles will only pass to the Buyer when the Seller receives full payment of all sums due in respect of the Carpet Tiles, including any delivery charges that may apply.
9.3 Until ownership of the Carpet Tiles has passed to the Buyer, the Buyer must:
9.3.1 Hold the Carpet Tiles on a fiduciary basis as the Seller’s bailee;
9.3.2 Store the Carpet Tiles separately from all other products of the Buyer
9.3.3 Maintain the Carpet Tiles in satisfactory condition and keep them insured on the Seller’s behalf for their full price against all risks to the reasonable satisfaction of the Seller.
9.4 The Buyer grants the Seller, its agents and employees an irrevocable licence at any time to enter any premises where the Carpet Tiles are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
10 General terms and conditions
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of their reasonable control, including but not limited to acts of God, fire, explosion, epidemic, flood, war or other national emergency, riot, civil commotion, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials (eg fuel), import or export regulations or embargoes (including the failure of the Company's suppliers to obtain any necessary export permits, licences or other authorisations). Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority or unavailability of power at the Seller’s premises.
Provided that if any event referred to in this clause 10.1 continues for a period in excess of 30 days, the Buyer will be entitled to give notice in writing to terminate the Contract.
10.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its Address or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
10.3 Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
10.4 The headings of the Clauses in these Conditions are intended for reference only and will not affect the construction of these Conditions.
10.5 Representations: no statement, description, warranty condition or recommendation contained in any price list, advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these Conditions.
10.6 Additional costs: The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyer’s instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
11 Buyer's Right of Cancellation
11.1 In accordance with the Regulations the Buyer (where it is contracting as a consumer) has the right of cancellation within 7 days except where the Carpet Tiles have been tailored to the Buyer’s requirements and is without fault or defect.
11.2 To exercise the Buyer's right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Carpet Tiles ordered and (where appropriate) their Delivery Date. Notification by phone is NOT sufficient.
11.3 Once the Seller has been notified of the cancelling of the Contract, the Seller will refund the Buyer for any sum that has been paid or debited from the Buyer's credit card for the Carpet Tiles. A 10% cancellation fee will be deducted from the total amount to be refunded to the Buyer if the Order has been processed to cover administration costs, unless it is the Seller who cancels the order. The Buyer will also be liable for any transport costs incurred if an Order is cancelled while in transit or an Order is refused at the Buyer’s delivery address, through no fault of the Seller.
11.4 If the Buyer does not cancel the Contract in accordance with this clauses 11, the Buyer shall be deemed to have accepted the Carpet Tiles (except any manufacturing faults) and will not be entitled to return the Carpet Tiles to the Seller.
11.5 If the Seller has delivered the Carpet Tiles to the Buyer but the Buyer wants to cancel the Contract, the Buyer must retain possession of the Carpet Tiles until the cancellation notice has been sent to the Seller within the relevant time limit. The Buyer will be responsible for returning the Carpet Tiles to the Seller at the Buyer's own cost. The Carpet Tiles must be returned to the Address within 14 days. The Buyer must take all reasonable care to ensure that the Carpet Tiles are not damaged in the meantime or in transit and return them in the same packaging and condition in which they were delivered to the Buyer.
11.6 If the returned Carpet Tiles are not received by the Seller in the condition in which they were originally delivered; the Seller reserves the right to offer only a partial refund to cover the cost of re-listing at a reduced price, or having the Carpet Tiles cleaned or repaired.
12 Governing Law and Jurisdiction
12.1 The contract shall be governed by the laws of England and any dispute, question or remedy, however-so arising shall be determined by the Courts of England.
13 Limitation of Liability
13.1 The Seller's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price.
13.2 Nothing in these Conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
13.3 The Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever or howsoever caused which arise out of or in connection with the Contract, these Conditions or otherwise.
14 Data protection
14.1 The Seller will take all reasonable precautions to keep the details of the Buyer's Order and payment secure but unless the Seller is negligent, the Seller will not be liable for any unauthorised access to information supplied by the Buyer.
15 Disputes & Complaints
15.1 If the Buyer has a complaint about the Carpet Tiles or the service received from the Seller, the Buyer should contact the Seller by:
15.1.1 Post: Please send to the Address given at the top of this agreement.
15.1.2 Electronic e-mail to email@example.com
15.1.3 Telephone on 07850 921399
The Seller will try to respond in writing to the Buyer's complaint within 14 working days of receiving it.