1.1 “Seller” means Fine Oak Flooring Ltd of 94 Kings Road, St. Albans, Hertfordshire, AL2 1EP
1.2 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5 “Terms and 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.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.4 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase?Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to wait until the Goods are available from stock or get an alternative of equivalent quality and price or cancel the order and receive a full refund within 30 days.
4 PRICE AND PAYMENT
4.1 All prices are shown in £ sterling and are exclusive of VAT and delivery charges.
4.2 The Price of the Goods shall be that stipulated on the Seller’s Website at the time of the order.
4.3 Total purchase price, including VAT and delivery charges must be made in full when a new order is created. Payment can be made by most major credit cards, debit cards or cheques. All cheques must be paid at least 5 days in advance and cleared before any goods maybe delivered or collected.
4.4 All goods remain the property of Fine Oak Flooring ltd until they are paid for in full.
4.5 Goods are not sold on a trial basis.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to withdraw any goods from the Website at any time.
5.2 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
5.3 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
6.1 All our flooring is made to order. Goods supplied within the UK will normally be delivered within 4 weeks of the confirmation of order. It is assumed that the delivery address is accessible by lorry if required. If this is likely to be a problem, please inform us at the time of order.
6.2 Goods supplied outside the UK will only be shipped by prior arrangement.
6.3 Deliveries are made to the ‘kerb side’. The Buyer must provide assistance unloading the goods.
6.4 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date.
6.5 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.6 Delivery of the Goods shall be made to the Buyer’s delivery address specified in the order confirmation and the Buyer shall make all arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery. The goods will be delivered between the hours of 8.00am and 6.00pm, unless other agreed. The person who placed the order will need to be available to sign for the delivery.
6.7 If a delivery is attempted on an agreed delivery date and the driver is unable to gain vehicular access or the buyer (or their representative) is not present to receive the goods, the buyer will be liable for any redelivery costs incurred.
6.8 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
7 CANCELLATIONS AND RETURN
7.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email or letter within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. A telephone conversation does not constitute notification of non acceptance.
7.2 Where a complaint is made the consignment as a whole must be retained or returned un-used. No claim will be accepted for any part of any consignment after work has commenced using the goods.
7.3 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
7.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller in writing at the following address, Fine Oak Flooring, 94 Kings Road, St. Albans, Hertfordshire, AL2 1EP or by email firstname.lastname@example.org within 7 days of receipt of the goods.
7.5 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods excluding delivery charges, if any) except for return postal charges within 30 days of cancellation. There will also be a 25% handling & restocking charge deducted from the refund. If the goods are to be collected the cost of collection will also be deducted from the refund to the buyer.
7.6 Goods will only be accepted for refund if they are in a merchantable condition i.e. Unopened and in original packaging and undamaged
7.7 Where returned Goods are found to be damaged due to the Buyer’s fault the?Buyer will be liable for the cost of remedying such damaged goods.
8 LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
11 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. But this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
12 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.