Phoenix Carpet Sales 01527570206 My Basket (0) - View | Contact Us | Previous Orders
TERMS AND CONDITIONS OF SALE

August 2008

These terms and conditions govern the sale of products and provision of services (“products”) to you by Phoenix Carpet Sales whose address is detailed on their website; Email mark.tanner@tiscali.co.uk; VAT number 488258983 (hereafter "us" or "we" or "our") trading as an independent retailer.

Please read these terms and conditions carefully before purchasing products from us. By ordering our products, you signify your agreement to be bound by these terms and conditions.

This website is owned and operated by yourfloors.co.uk, a trading name of HFD Limited (Company Number 2674152) a company registered in England and Wales with registered address PO Box 1 Gorsey Lane, Coleshill, Birmingham, West Midlands, B46 1LW; Email: info@yourfloors.co.uk; VAT number 918580891; ("yourfloors.co.uk").

Unless expressly stated otherwise, the singular includes the plural and vice versa.

Forming a contract for the supply of goods

1. In respect of all of the products promoted through yourfloors.co.uk and made available by us, you will contract directly with us in respect of all transactions.

2. Please note that when you purchase a product through this website you are paying for the flooring and ancillary products and optional installation/ fitting service , delivery being free of charge to your address via our premises, and not any other services. If you would like us to install your chosen flooring products please email us at our email address set out above in order to make arrangements for a fitting.

3. When you place an order to purchase products from us, you will be sent an email to your registered email address containing your order number, details of the products ordered, total cost of the order, etc (the "Acknowledgement Email"). Your order represents an offer to purchase products from us. By completing and submitting an online order form you are making an offer to purchase products in accordance with these terms and conditions which, if accepted, will result in a binding contract between you and us. Note that the Acknowledgement Email is not acceptance by us of your offer to purchase products.

4. We must receive full payment of the price of the products before we can accept your offer to purchase products from us. Your offer to purchase products will only be accepted by us when yourfloors.co.uk, acting on our behalf, sends an email to you advising that your order has been accepted and despatched (an "Order Confirmation"). Only at this stage is a binding contract created. Until this point you may vary or cancel your order.

5. We reserve the right to refuse any order prior to issue of an Order Confirmation.

6. You acknowledge that any text, price lists, lists of products or other sales literature appearing on this website constitute an invitation to treat and may not be construed by you as an offer by or binding obligation upon us to provide any product.

Payment Terms

7. All prices and charges on this website are in UK Pounds Sterling.

8. All prices are, unless otherwise stated, inclusive of UK VAT.

9. Although we try to ensure that the prices quoted on this website are accurate, and the products have been fairly described, mistakes can occur. If, after we have accepted your order, we discover a product's correct price is lower than our stated price, we will charge the lower amount and deliver the product to you. If, after we have accepted your order, we discover a product's correct price is higher than our stated price, or there is a material error in the description of products, we will contact you for instructions before dispatch.

10. At any time before you are issued with an Order Confirmation, we reserve the right to adjust prices, offers, products and descriptions of products on this website, including correction of any typographical or other errors or omissions. If we make any adjustment to price and/or description we will contact you for instructions before the Order Confirmation is sent to you.

11. If we cannot contact you to advise of an error/ adjustment in price and/or description, we will treat the order as being cancelled. If the order is cancelled we will refund all money taken from you relating to the purchase of the products.

Availability

12. All orders are subject to availability. If, before you are issued with an Order Confirmation, we discover that the products you ordered are not available, we will notify you of this and provide a refund of any money paid to us for the products unless we agree a longer delivery period with you.

13. We reserve the right to withdraw any products from this website at any time before we accept your order, and we will not be liable to you, or anyone else, for withdrawing products.

Your rights of cancellation

14. Under the Consumer Protection (Distance Selling) Regulations 2000 you will, if you are buying as a consumer, have up to 7 working days from the day after the day on which the goods are delivered to you to cancel your purchase of the product, for any reason, provided that (i) if the product is cut as part of installation/ fitting you will no longer have a this right of cancellation in respect of this product; and (ii) if we start (with your consent) any of services which you have ordered before the end of this 7 day period, you will no longer have the right to cancel these servicesstops. If you wish to cancel, you must notify yourfloors.co.uk via email of your wish to cancel your purchase of the product using the email address set out below. yourfloors.co.uk will tell you in the Acknowledgment Email if you do not have a right to cancel.

15. If you wish to cancel you must keep the goods in your possession and take reasonable care of them until you return them to us. Goods should be carefully repackaged and returned to us at the address provided in your Order Confirmation complete, unused and in 'as new' condition.

16. Examples of a failure to take reasonable care of goods may include if you use the goods, if you fit or part fit the goods or if you remove the goods from their packaging and fail to properly repack them.

Cancelling your order

17. To cancel an order you must email yourfloors.co.uk at orders@yourfloors.co.uk.

18. Products which form part of a cancelled order must be returned to the address provided to you by us in the Order Confirmation.

19. If you cancel your order and the returned goods are in the condition required by these terms, we will refund the price of goods to you within 30 days. We will not be liable for the delivery costs incurred by you for the return of the goods. If you do not return the goods within 30 days of the date of your cancellation or if you request collection then we shall be entitled to arrange to collect the goods and shall charge you a £30 fee for such collection. If you cancel any services, we will refund the price you have paid for the cancelled services to you within 30 days.

Limitation of liability

20. We shall not be liable to you (except in respect of injury or death of any person resulting from our negligence) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise, for any loss of profit, business, contracts or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of our website.

Ownership and title

21. All ownership, title and risk of loss and/or damage in the products you have purchased shall pass to you at the point in time at which such product leaves our premises.

Notices

22. All notices given by us to you will be sent by e-mail from our email address set out above.

Waiver

23. No waiver by us of any breach of these terms and conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.

Invalidity

24. If any provision of 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 (and the remainder of the provision in question) shall be unaffected.

Governing Law

25. The interpretation, construction, effect and enforceability of this agreement shall be governed by English Law, and you and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.