Terms & Conditions
1. General
1.1 We reserve the right to change these terms and conditions at any
time. It is your responsibility to read the terms and conditions on each
occasion you use this website and your continued use of the website
shall signify your acceptance to be bound by the latest terms and
conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3 Certain website services will require registration and subsequent
access to those services will be subject to an approved login name and
password (“Password Details”). Information that you provide on this
website must be accurate and complete. All Passwords Details are
accepted and may be withdrawn at our sole discretion and are exclusive
to you and non-transferable and must be treated as strictly confidential
at all times. In the event that you have any concerns regarding your
Password Details or become aware of any misuse then you must inform us
immediately.
2. Order process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The ‘confirmation’ stage sets out the final details of your order.
Following this, we will send to you an order acknowledgement email
detailing the products you have ordered. Please note that this email
is not an order confirmation or order acceptance from us. Once we have
received your order we will check the necessary information such as
stock levels and pricing, we will then contact you to arrange a suitable
date for delivery.
2.3 Acceptance of your order and the completion of the contract between
you and us will take place on despatch to you of the products ordered
unless we have notified you that we do not accept your order or you have
cancelled it.
3. Delivery
3.1 Our Delivery service on this website is only for delivery of
products to customers in mainland UK addresses. We can deliver to the
Channel Islands, Isle of Man, Orkney, Shetland, Scottish
Islands, Northern Ireland or the Republic of Ireland but a delivery
surcharge will be required. All goods must be signed for by an adult
aged 18 years or over on delivery.
3.2 Delivery charges and estimated timescales are specified in the
delivery section. We make every effort to deliver goods within the
estimated timescales; however delays are occasionally inevitable due to
unforeseen factors. We shall be under no liability for any delay or
failure to deliver the products within estimated timescales.
3.3 Risk of loss and damage of products passes to you on the date when
the products are delivered or on the date of first attempted delivery by
us.
4. Payment
4.1 We take payment from your card or PayPal account at the time we
receive your order, once we have checked your order value, card or
PayPal details and stock availability. Goods are subject to
availability. In the event that we are unable to supply the goods, we
will inform you of this as soon as possible. A full refund will be given
where you have already paid for the goods. Additional Terms and
Conditions for payments made by paypal can be found at www.paypal.co.uk.
4.2 To ensure that your credit, debit, charge card or PayPal account is
not being used without your consent, we will validate name, address and
other personal information supplied by you during the order process
against appropriate third party databases. By accepting these terms and
conditions you consent to such checks being made. In performing these
checks personal information provided by you may be disclosed to a
registered Credit Reference Agency which may keep a record of that
information. You can rest assured that this is done only to confirm your
identity, that a credit check is not performed and that your credit
rating will be unaffected. All information provided by you will be
treated securely and strictly in accordance with the Data Protection Act
1998.
4.3 The price you pay is the price displayed on the product page of
this website for your specified size(s) at the time we receive your
order. While we try and ensure that all prices on our website are
accurate, errors may occur. If we discover an error in the price of
goods you have ordered we will inform you as soon as possible and give
you the option of reconfirming your order at the correct price or
cancelling it. If we are unable to contact you we will treat the order
as cancelled. If you cancel and you have already paid for the goods, you
will receive a full refund.
4.4 Payment can be made by PayPal or Debit / Credit Cards.
4.5 Title to any products you order on this website shall pass to you
on delivery of the products provided that we have processed and received
payment in full for the products.
4.6 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates.
5. Returns, Cancellations and Substitutions
5.1 When ordering from the website you have a right to cancel and
return your order up to 28 days after receiving your order. Some
products are excluded from this policy for example items which are cut
to your bespoke size. Please note you will be responsible for the
organisation & cost of returning the item(s). All items must be
returned in the same packaging and condition in which they were
received.
5.2 In the unlikely event that you receive faulty or damaged goods,
please contact us and we will arrange for the faulty or damaged goods to
be collected and replaced.
5.3 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our 30-day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations.
5.4 All sizes and measurements are in accordance with British Standards 3655 (1974) +/- 1.25% in width and/or length.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all
other intellectual property rights in all materials and/or content made
available as part of your use of this website shall remain at all times
vested in us or our licensors. You are permitted to use this material
only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained
within this website is made available for your personal non-commercial
use only and that you may only download such material and content for
the purpose of using this website. You further acknowledge that any
other use of the material and content of this website is strictly
prohibited and you agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works of such
material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability
for death or personal injury caused by negligence, fraudulent
misrepresentation, or any other liability which may not otherwise be
limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, We will use reasonable endeavours to
verify the accuracy of any information on the site but makes no
representation or warranty of any kind express or implied statutory or
otherwise regarding the contents or availability of the site or that it
will be timely or error-free, that defects will be corrected, or that
the site or the server that makes it available are free of viruses or
bugs or represents the full functionality, accuracy, reliability of the
website we will not be responsible or liable to you for any loss of
content or material uploaded or transmitted through the website and we
accept no liability of any kind for any loss or damage from action taken
or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in
these terms and conditions with respect to specific products and except
for the exclusive remedies set out at Section 5 above, any indemnities,
warranties, terms and conditions (whether express or implied) are hereby
excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, we will not be liable, in contract,
tort (including, without limitation, negligence), pre-contract or other
representations (other than fraudulent on negligent misrepresentations)
or otherwise out of or in connection with the terms and conditions for
any:
· economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
· loss of goodwill or reputation; or
· special or indirect losses
· suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 our aggregate
liability (whether in contract, tort or otherwise) for loss or damage
shall in any event be limited to a sum equal to the amount paid or
payable by you for the product(s) in respect of one incident or series
of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your
order and payment secure, but, unless we are negligent, we cannot be
held liable for any losses caused as a result of unauthorised access to
information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England
and any dispute between us will be resolved exclusively in the courts of
England. English is the only language offered for the conclusion of the
contract.
8.2 We have selected our products on the basis that they will be used
for domestic use only (exceptions apply and are clearly marked as
suitable for contract / commercial use), if you are planning to use them
for business purposes please make sure that you are covered by the
appropriate insurance. Where you decide to use the products in the
course of a business, we exclude (to the fullest extent permitted by
law) those warranties and conditions relating to fitness for a
particular purpose. Our maximum liability to business users arising out
of or in connection with the products shall be limited to the
replacement value of the product in question (except in the case of
death or personal injury caused by our negligence or in respect of
fraud). In relation to business users, we do not accept liability for
the fitness of goods for business purposes, nor do we accept liability
for loss of use of the item nor any loss over and above the cost of the
item in the event of a claim for breach of warranty or condition.
8.3 We shall be under no liability for any delay or failure to deliver
products or otherwise perform any obligation as specified in these terms
and conditions if the same is wholly or partly caused whether directly
or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links
to other websites or resources for you to access at your sole
discretion. You acknowledge and agree that, as you have chosen to enter
the linked website we are not responsible for the availability of such
external sites or resources, and do not review or endorse and are not
responsible or liable, directly or indirectly, for (i) the privacy
practices of such websites, (ii) the content of such websites, including
(without limitation) any advertising, content, products, goods or other
materials or services on or available from such websites or resources
or (iii) the use to which others make of these websites or resources,
nor for any damage, loss or offence caused or alleged to be caused by,
or in connection with, the use of or reliance on any such advertising,
content, products, goods or other materials or services available on
such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or
obligations under these terms and conditions or any related order for
products to any third party unless agreed upon in writing by
Feelgoodcarpets.co.uk.
8.6 We reserves the right to transfer, assign, novate or sub-contract
the benefit of the whole or part of any of its rights or obligations
under these terms and conditions or any related contract to any third
party.
8.7 If any portion of these terms and conditions is held by any
competent authority to be invalid or unenforceable in whole or in part,
the validity or enforceability of the other sections of these terms and
conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or
benefits enforceable by any person that is not a party (within the
meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
8.9 These terms and conditions including the documents or other sources
referred to in these terms and conditions supersede all prior
representations understandings and agreements between you and Paul Moss
relating to the use of this website (including the order of products)
and sets forth the entire agreement and understanding between you and
Paul Moss for your use of this website.
Terms & Conditions