TERMS AND CONDITIONS OF SUPPLY
OAK FLOORING DIRECT LIMITED
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.information about us
1.1 We operate the website www.oakflooringdirect.co.uk. We are Oak Flooring Direct Limited, a company registered in England and Wales under company number 07516735 and with our registered office (and main trading office) at 216 South Liberty Lane, Ashton Vale, Bristol, BS3 2TY. Our VAT number is 128064229 ].
1.2 If you are unsure about any information supplied or need any kind of assistance, please feel free to contact our sales team at firstname.lastname@example.org or by Freephone 0800 056 6999.
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. As wood is a natural product the appearance and colours whilst being beautiful and individual may vary. More rustic, characterful products will often have splits, sap and filled knots.
2.2 We make every effort to ensure that images, information and prices contained within this website are correct.
2.3 If, for any reason, such errors are found or brought to our attention they will be corrected as quickly as possible. If your order is affected you will be informed in writing immediately.
2.4 Under such circumstances we will not be held liable to supply goods that have been incorrectly advertised.
2.5 We will also not accept or be liable for any direct or indirect costs associated with such errors, or from the general use of the content within this website.
2.6 The packaging of the Products may vary from that shown on images on our site.
2.7 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.8 It is your responsibility to check the specification and suitability of the Product prior to ordering.
2.9 We would encourage you use our free sample postal service or to visit our showroom (at our address above) where samples are available to view and take home.
2.10 If you are unsure about any aspect of your selected products please contact us prior to placing your order and we will be happy to help.
3. use of our site
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. how we use your personal information
5. if you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. if you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
7. how the contract is formed between you and us
7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order and we will check the availability and price of your selected materials. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7.5 Payment will not be processed until we have accepted your order. Once payment is received, we will then process your order.
8. our right to vary these terms
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. your cancellation and refund rights if you are a consumer
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product , you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to 216 South Liberty Lane, Ashton Vale, Bristol, BS3 2TY. You may wish to keep a copy of your cancellation notification for your own records.
9.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.5. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will refund you on the credit card or debit card used by you to pay or by any other method elected by us.
9.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
9.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. delivery and delivery charges
10.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, typically 3-10 working days (unless there is an Event Outside Our Control). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. We reserve the right to levy additional charges in such circumstances.
10.4 The Products will be your responsibility from the completion of delivery.
10.5 You own the Products once we have received payment in full, including any applicable delivery charges.
10.6 Standard delivery is provided free of charge on all orders over £175.00 (ex VAT). Standard delivery will typically be between the hours of 8am – 6pm Monday to Friday and on the nominated pre-arranged day. We reserve the right to charge for delivery on all orders under £175.00 (ex VAT) in value, at our standard rate from time to time. Certain Remote Areas including Scotland and Ireland will be Subject to additional charges, if your order is affected you will be informed immediately and given the opportunity to cancel your order without charge.
10.7 Other weekend and special delivery arrangements can be made by prior arrangement at an extra cost; please contact us for further details.
10.8 Please be aware that delivery times are subject to traffic delays and other unforeseen circumstances.
10.9 Where possible we will advise you at the time of order of approximate delivery lead-times - exceptions may apply. The actual delivery date will be agreed between us and you when the Products are available to be dispatched, and will be confirmed in the Dispatch Confirmation.
10.10 Deliveries will be made on a large lorry or a van by our logistics company; if access is likely to be an issue please notify us in advance and where possible we will make alternative arrangements to help you. Charges will apply if you are not present to receive your order on the agreed date or if there is insufficient help available to offload the goods (delivery is usually made to the ‘kerb side’ due to insurance guidelines). Refused goods will also incur further charges.
10.11 It is your responsibility to advise us of any weight limits, access or parking restrictions in advance. The delivery vehicle must also be able to park without committing a parking offence.
10.12 Please ensure that all goods are thoroughly checked at the point of delivery and that any damaged or missing items are reported immediately in writing to us. Any loss or damage is also to be clearly recorded on the courier’s delivery note.
10.13 We will not accept any delivery notes signed as “Not Inspected” and any such comments will be deemed as signed for in “Good Condition”.
10.14 Any claims for damages and incorrect deliveries must be made in writing within 3 days of the receipt of Products, failing which all claims will be deemed to be waived and absolutely barred.
10.15 We would advise that installers and following trades are not booked until the receipt and acceptance of the Products as Oak Flooring Direct Limited will not be held responsible for any consequential losses whatsoever in this regard.
11. no international delivery
11.1 Unfortunately, we do not delivery to addresses outside the UK.
11.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
12. price of products
12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.4 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
13. how to pay
13.1 Oak Flooring Direct Limited accepts payment via PayPal, credit/debit card, cheque and bank transfer. We will not accept any liability for any bank charges or bank transfer or other similar charges. All payments must be made in full prior to the delivery of goods.
13.2 If you do not wish to make your payment online or you are having difficulty placing your order, please contact us on our Freephone Line 08000 566 999, where we will be happy to process your payment or answer any queries by telephone.
13.3 We do not store credit card details nor do we share customer details with any third parties.
13.4 Payment for the Products and any applicable delivery charges is in advance.
14. manufacturer guarantees
14.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
14.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. manufacturing faults and defects
15.1 On the rare occasion that materials are supplied with manufacturer’s faults and or defects, we would ask you to bring this to our attention in writing as quickly as possible.
15.2 It is imperative that EVERY BOARD or Item is thoroughly checked prior to and during installation to ensure that it is free of fault, defect and/or damage and that it is of the correct type.
15.3 If for any reason your new floor develops a fault following installation, please contact us in writing as quickly as possible. We will ask you to complete a customer feedback form and arrange a site inspection if applicable.
15.4 It is important that manufacturers’ installation instructions are followed at all times.
16. our warranty for the products
16.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 16.2.
16.2 The warranty in clause 16.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
16.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
17. our liability if you are a business
This clause 17 only applies if you are a business customer.
17.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
17.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
17.4 Subject to clause 17.2 and clause 17.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid by you for the Product(s).
17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
18. our liability if you are a consumer
This clause 18 only applies if you are a consumer.
18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
18.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
19. events outside our control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
20. communications between us
20.1 When we refer, in these Terms, to "in writing", this will include e-mail.
20.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail -firstname.lastname@example.org or by pre-paid post to Oak Flooring Direct Limited at 216 South Liberty Lane, Ashton Vale, Bristol, BS3 2TY. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
20.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
20.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21.1 In the unlikely event that you are unhappy with your new flooring, we will (at our sole discretion) exchange or refund your Products.
21.2 Please let us know in writing within 7 days from receipt of your Products, by completing the 'Returns' form which can be found via a link on our home page.
We will contact you with a Product return number which must be clearly marked on any correspondence and packaging.
21.3 All returned Products will be subject to a 30% re-stocking charge. Refunds will be paid within 30 days.
21.4 If you are returning Products they must be:
(a) In their original packaging
(b) In full packs only
(c) In “as new” condition
(d) Packed to prevent damage in transit
(e) Insured to cover the value of goods
(f) Returned at your own cost to “Returns Department”, Oak Flooring Direct Ltd, 216 South Liberty Lane, Ashton Vale Bristol, BS3 2TY
21.5 We are unable to accept the return of damaged, unpackaged or incomplete Products.
21.6 All Products supplied remain the property of Oak Flooring Direct Ltd until paid for in full.
22. other important terms
22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction.
22.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction.
23. Contact details
Oak Flooring Direct Ltd,
216 South Liberty Lane,
Freephone: 08000 566 999
Fax: 0117 963 5864
This website and its content is copyright of Oak Flooring Direct Ltd 2012. All rights reserved.