Archway Carpets Terms & Conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. They tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are ARCHWAY CARPETS a trading name of Archway Carpets Limited, a company registered in England and Wales under company number 04676643 and our registered office is at Units 4 & 5 Brightwell Barns, Waldringfield Road, Brightwell, Ipswich, Suffolk IP10 0BJ.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01394 386684 or by writing to us at firstname.lastname@example.org or our above-mentioned postal address.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. The words “writing” or “written” in these terms include emails.
3. OUR CONTRACT WITH YOU
3.1 Estimates and quotations. We will provide you with a verbal estimate as an indication of the anticipated project costs. However. this is only a guide and the detailed costs will be provided to you in a written quotation. Our written quotation will include a total project cost and will include details of the following:-
(a) The product being supplied
(c) Uplift and disposal, if required
(c) Moving of furniture
(e) Provision of underlays and accessories
(f) The cost of installation and any related works.
3.2 The measure or in-home consultation. We will carry out a detailed measurement of the proposed site. The timing of any appointments made can only be approximate as they can be subject to delay by matters beyond our control. We will do our utmost to meet the agreed time if possible but would be grateful for your understanding in the event of any delay. If we are relying on any measurements supplied by you, we cannot be held responsible for any difficulties or expense resulting from any inaccuracies in the measurements you have provided.
3.3 Deposits when ordering. We will ask for a deposit to be paid when you place your order with us. The standard amount required is 33%, but on special orders and selected ranges a deposit of 50% may be required.
3.4 Invoicing. We will invoice you for the balance payable once we have delivered the product to you and completed any related works required under our agreement with you. We accept payment by BACS, debit or credit card, cash or personal cheque.
Should a cheque be dishonoured a £15 charge will be added to the outstanding amount. The products remain our property until you have paid for them in full. Our invoices must be paid within 30 days of being delivered to you. If you do not pay an invoice by the date it falls due for payment interest will be charged on the invoice at a rate of 3% above Barclays Bank Base rate from time to time, calculated on a daily basis and payable until full payment has been made.
3.5 How we will accept your order. Our acceptance of your order will take place when we write to you to accept it OR we tell you that we are able to provide you with the product, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
3.6 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is unobtainable or out of stock, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4. PROVIDING THE PRODUCTS
4.1 Delivery and installation cost. The cost of delivery and installation will be as told to you during the order process.
4.2 When we will provide the products. During the order process we will let you know when we will provide the products and install them, but if the delivery or installation of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for the delay, but if there is a risk of substantial delay you may contact us to terminate the contract and receive a refund for any products you have paid for but not received.
4.3 If you are not at home when the product is delivered. If no-one is available at your address to take delivery and/or provide us with access to enable us to install the products we will contact you to re-arrange delivery and/or installation, but may charge you for any additional costs that may arise as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery and/or installation of the goods we may end the contract and clause 9 will apply.
4.4 Weather related cancellation of appointments and/or installations. We will endeavour to carry out any booked appointments. If, however, the weather conditions mean that:-
(a) we are unable to attend the site address; or
(b) it is potentially dangerous for health and safety reasons to attempt to attend the site; or
(c) the product has not been delivered to us as a consequence of adverse weather conditions
We will contact you to cancel the appointment and to rebook it when it is safe to do so.
5. INSTALLATION OF THE PRODUCTS
5.1 We will organise the installation of your flooring products using qualified fitters but you will be responsible for the sub-floor and if any additional preparation work is required to rectify undisclosed faults an additional charge will be made for having to carry out this work.
An additional charge will be made if the installation required is outside our standard fitting times which are Monday to Friday 8.30am to 6pm. The position of wiring and piping in areas where flooring is being installed must be drawn to the attention of our fitter and we cannot be held responsible for any accidental damage to pipework, wiring or cables because of any failure on your part to do this.
5.2 Additional works to complete the installation. If you require it we will carry out additional works to complete the installation of the products, including moving furniture, removing and reassembling doors, uplifting old flooring, removing and disposing of waste and reasonable work to clear the site if required.
An additional charge will be made for carrying out any of the above additional works and the content and extent of such works must be agreed between us before we provide you with our written quotation for the delivery and installation of the products.
5.3 If seaming is required. Please be aware that if a product requires seaming it may well be impossible to achieve a completely invisible seam or join.
5.4 Guarantee for installation. We will provide you with a 1 year guarantee against installation faults. This guarantee will not affect your general legal rights or any manufacturer’s guarantee relating to the products.
6. YOUR LEGAL RIGHTS IF WE DELIVER LATE
6.1 You have legal rights if we deliver and/or install any products late for reasons other than those outside our control. If we miss the delivery deadline for any products then you may treat the contract as at an end straightaway if any of the following apply:-
(a) We have unreasonably refused to deliver the products;
(b) You told us before we accepted your order that delivery within the delivery deadline was essential.
6.2 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straightaway, or do not have the right to do so under clause 6.1, you can give us a new deadline for delivery which must be reasonable and you can treat the contract as at an end if we do not meet the new deadline.
6.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you and install them. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying or installing the products late, or failing to install any part of them, if this is caused by your failure to provide the information we need within a reasonable time of us asking for it.
7. PRODUCT RELATED INFORMATION
All carpet measurements are provided subject to a tolerance of plus or minus 1.25% in accordance with BS3665.
Cut pile carpet products may in rare cases develop “pile reversal” which is a localised change in the direction of the pile lean which alters the reflection of light to give a light and shade effect. This naturally occurring phenomenon does not affect the carpet’s resistance to abrasive wear.
On all carpets some tracking marks will occur in heavy traffic areas during the normal wear life of the carpet.
Berber or “Berber look” carpet may contain random flecks of colour which can sometimes create a linear effect which may not be apparent in a sample.
Colour matching between different production batches, including different widths of carpet cannot be guaranteed. If exact colour matches are required you must make this clear to us.
Individual samples held by us are unlikely to be from current production batches and should only be used as a colour guide. If any particular colouring is critical we will obtain a stock cutting from the supplier for you to approve.
We recommend that new underlay be used when a new carpet is installed as this can have a positive impact upon the wear life of the product.
You must maintain all carpets in accordance with any recommendations made by us or the manufacturers.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can end the contract before a product has been delivered or installed and paid for but in some circumstances we may charge you for doing this as described below. This does not affect your rights where a product is faulty or mis-described (see clause 8.2) or if there is a problem with the products.
8.2 What happens if you have good reason for ending the contract. If you are ending the contract for any of the following reasons the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly. The reasons which apply in this instance are:-
(a) We have told you about an upcoming change to the products or these terms which you do not agree to;
(b) We have told you about an error in the price or description of the product we have ordered and you do not wish to proceed;
(c) There is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) You have a legal right to end the contract because of something we have done wrong (but see clause 6 in relation to your rights to end the contract if we deliver late).
8.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2 above then the contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract.
8.4 Returning products after ending the contract. If you end the contract after products have been delivered to you, you must return them to us or pay us reasonable compensation for arranging and dealing with the collection of the goods from you for return to our premises.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:-
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time, allow us to deliver the products to you and install them;
9.2 You must compensate us if you break the contract. If we end the contract for reasons set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the products or our services such as installation, please contact us as soon as possible. You can telephone our consumer service team or write to us (see clause 2.1 for details). Alternatively, please speak to one of our staff in store and we will do our best to resolve the matter with the minimum of delay.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with the contract. Nothing in these terms will affect your legal rights.
11. PRICE AND PAYMENT
11.1 Where to find the price of a product. The price of a product (which includes VAT) will be the price communicated by us to you in writing at the date of your order. We use our best efforts to ensure the price advised to you is correct. However, please see clause 11.3 for what happens if we discover an error in the price of the products you order.
11.2 We’ll pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products including delivery and installation costs in full before the change in the rate of VAT takes place.
11.3 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and if appropriate require you to return the products at our expense.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sale process.
12.2 When we are liable for damage to your property. If we are installing the products or providing other services in your property, we will make good any damage to your property causes by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always, however, tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our permission in writing to transfer your rights or obligations under the contract to someone else. However, you do not need our agreement to transfer the benefit of our guarantee.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms except as explained in clause 14.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operate separately. If any court or relevant authority decide that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English Law and you can bring legal proceedings in respect of the products in the English courts.
14.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it without you having to go to court. If you are not happy with how we have handled any complaint, you may wish to deal with the matter by way of alternative dispute resolution and we would be happy to discuss the details of this with you at the time.