1. These terms
1.1.What these terms cover
These are the terms and conditions on which we ("Keswick Flooring Ltd t/a FlooringMegastore.co.uk") supply Goods to you ("the Customer"). These terms cover our in-store sales and distance purchases e.g. online or via the telephone. The latest version is always available on our website www.FlooringMegastore.co.uk. Please pay attention to the key terms at clauses: 7, 8, 9, 10 and 11.
1.2.Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1.Who we are
FlooringMegastore.co.uk is a trading name of Keswick Flooring Ltd, A company registered in England No. 04431986 and our registered office address is Purfleet Bypass, Purfleet, Essex, RM19 1TT. Our VAT registration number is GB511003721. Copyright ©2020 Keswick Flooring Ltd - all rights reserved
2.2.How to contact us
You can contact us by telephoning our customer service team on 01622 790356. You may also write to us for pre-sales advice at firstname.lastname@example.org for post-sales advice. You can also write to our Head Office address at Purfleet Bypass, Purfleet, Essex, RM19 1TT.
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.
2.4."Writing" includes emails
When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1.How we will accept your order
Our acceptance of your order is dependent on whether your order of goods is made via a distant sale or our in-store showroom. When placing an order with us, you are making an offer to buy the goods. We will send you an email to confirm that we have received your order and we will then check the price and availability of the goods. Acceptance will take place when we write to you again to accept your order or when we write to you that we are able to provide you with the product, at which point a contract will come into existence between you and us. Once payment has been received in full, or a finance agreement established, your order will be processed.
3.2.If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing or by phone and will not charge you for the product. This might be because the product is out of stock, 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. In this instance, there will be no contract formed between us.
3.3.Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our Goods
4.1.Goods may vary slightly from their pictures
The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Goods. Your product may vary slightly from those images. Please note that as a natural living product, wood has many variations in grain pattern and colour variance and these cannot be accepted as a reason for exchange or rejection.
Before you place an order, it is important that you check the manufacturer’s specification details for the suitability of their intended purpose. If you are unsure about the suitability of the goods, then please ask us.
4.3.Product packaging may vary
The packaging of the product may vary from that shown in images on our website.
4.4.Making sure your measurements are accurate
If we are supplying the product to the measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website, or by contacting us and we will be happy to offer some guidance.
4.5.Checking that goods are correct
Prior to commencing the installation or any adjustments to the flooring, please examine them for any faults or damages. By fitting the flooring or making alterations in any way, we shall deem you to have accepted the goods as supplied. We shall not be held responsible for any incidental work or expense arising out of or because of any defect in our product, or bad workmanship applied to our goods. In the unlikely event that the purchased items are not in line with this contract, please refer to clause 10.2.
4.6.Offers and promotions
We may from time to time offer promotions on some of our products or product ranges. All promotions and offers are unless otherwise stated, strictly one per household and are subject to stock availability. We reserve the right to change the details of a promotion or withdraw a promotion at our discretion.
5. Your rights to make changes
Changes to the order
If you wish to make a change to the products you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Goods which are customised or have been made to your specification or finished to your requirements/measurements can't be altered once made.
6. Our rights to make changes
6.1.Minor changes to the product
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example, to address a quality issue. These changes will not affect your use of the product.
6.2.More significant changes to the product and these terms
In addition, as we informed you in the description of the product in our showroom and on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
6.3.Updates to digital content
We may update, or require you to update, digital content, provided that the digital content shall always match the description of it we provided to you.
7. Providing the Goods
The costs of delivery will be as told to you during the order process upon enquiry regarding delivery. Delivery prices are advertised on our website.
7.2.When we will provide the goods
Please see our delivery page for further details.
7.3.What will happen if you do not give the required information to us
We may need certain information from you so that we can supply the goods to you. If so, this will have been stated during the purchase process. We may contact you to ask for this information. 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 9.1) 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 the goods late or not supplying any part of them if this is caused by you not giving us the required information we need within a reasonable time of us asking for it.
7.4.Arrival of delivery
Our deliveries are kerbside only. We advise that you should have help to unload the goods from the pallet. Any of our deliveries could be made by anything up to an 18-tonne lorry, so it is assumed that the delivery address will be easily accessible. If the delivery address is situated on a private road please inform us at the time of order as some couriers will not take their vehicles on private roads. If access is likely to be a problem, please inform us at the time of order to discuss alternative delivery options.
7.5.We are not responsible for delays outside our control
If our delivery of the goods 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 within 30 days of notifying you of the delay, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.
7.6.If you are not at home when the product is delivered
If your order arrives as arranged but we're unable to deliver because there's nobody home, the goods are refused, there's inadequate help available, or the order is changed/cancelled within 48 hours of your delivery, you will be liable for any additional costs incurred for the goods being returned. The return delivery charge for failed deliveries is £20 or £0.70 per kg if the weight is over 29kg.
7.7.If you do not re-arrange delivery
If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from our store, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
7.8.Your legal rights if we deliver late
You have legal rights if we deliver any goods late and the delay is not a result of an event which is outside of our control, as outlined in clause 7.5. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to treat the contract as at an end straight away, 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.
8. Ending the contract for late delivery
8.1 If you do choose to treat the contract as at an end for late delivery under clause 7.9, you can cancel your order for any of the goods that have not yet been delivered.
9. Bespoke Goods
9.1 Goods which are customised or have been made to your specification or finished to your requirements/measurements cannot easily be offered for resale, so they are classed as bespoke items. Customers must note that they are unable to cancel or return bespoke items. This will not affect your statutory rights if you are a Consumer.
10. When you become responsible for the product
10.1 The product will be your responsibility from the time we deliver the products to the address you gave us or you or a carrier organised by you collect it from us.
11. Reasons we may suspend the supply of goods to you
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6); or
(d) if you fail to pay.
(e) if we have good reason to suspect your order is fraudulent.
11.2.What to do if everything is not as it should be?
It is important to check the packages for any visual damage to the goods and sign for your order on arrival. In the rare event that you receive damaged goods or there are missing items, please make sure it is noted on the courier's paperwork. If you are not able to inspect the goods at the point of delivery, we strongly suggest that you contact us directly as soon as possible to make sure we are aware of the problem so that we can resolve it swiftly. We strongly advise against booking installers until goods have been received and checked as, regrettably, we cannot be held responsible for any consequential losses.
12. Your rights to end the contract
12.1.You can always end the contract for the supply of a product before it has been delivered and paid for
You may contact us to end your contract for a product, as long as it is not bespoke, at any time before we have delivered it and you have paid for it, but in some circumstances, we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or misdescribed (see clause 10, "If there is a problem with the product").
12.2.What happens if you have a good reason for ending the contract
If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any non-bespoke Goods which have not been provided or have not been provided properly. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that the supply of the goods may be significantly delayed which does not fall under clause 7.5;
(d) we have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong (but see clause 7.10 in relation to your rights to end the contract if we deliver late).
12.3.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, then the contract will end immediately and we will refund any sums paid by you for Goods not provided but we may deduct from that refund set out in clause 9.2
12.4.Returning goods after ending the contract
If you end the contract after Goods have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. We will pay the costs of return if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances, you must pay the costs of return.
13. Our rights to end the contract
13.1.We may end the contract if you break it
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us or we are unable to collect payment from you when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods.
(c) you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
13.2.You must compensate us if you break the contract
If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract or reasonable compensation.
14. If there is a problem with the product
14.1.How to tell us about problems
If you have any questions or complaints about the product, please contact us. You can contact us by telephoning our customer service team on 01622 790356. You may also write to us for advice at email@example.com . You can also write to our Head Office address at Purfleet Bypass, Purfleet, Essex, RM19 1TT.
14.2.Summary of your legal rights as a Consumer. We are under a legal duty to supply goods that are in conformity with this contract and the applicable legislation and regulations where necessary. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product (except in line with clause 7.11 regarding Bespoke Goods) your legal rights entitle you to the following:
Up to 14 days: if you purchase Goods through a distance sale, you will be entitled to a 14-day cooling-off period under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You will be required to cover the expense if the Goods are unwanted.
Up to 30 days: if your Goods are faulty, then you can get an immediate refund. The burden is on us to disprove whether fault existed at the time of purchase or is an inherent fault.
Up to six months: if your Goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. The burden is on us to disprove whether fault existed at the time of purchase or is an inherent fault.
Up to six years: if your Goods do not last a reasonable length of time you may be entitled to some money back. The burden is on you to prove the fault exists.
14.3.Reporting fault claims. We hope your flooring is without fault. However, regrettably, on very few occasions this may not be the case and we apologise in advance for this. To avoid unnecessary delays and inconvenience to you it is important to check your flooring before installation and make sure you have the right product and it is without fault or damage. Please contact us as soon as a fault is noticed. We will deal with the matter as soon as possible and in accordance with your legal rights. If, after installation, the product develops a fault, please complete our customer service form to enable us to act without delay and arrange an onsite inspection. This form is available upon request.
14.4.Your obligation to return rejected Goods
It is advised that before installing the goods, the Customer should carefully unwrap and fully examine all items at the time of delivery or shortly after. Please keep all packaging for inspection, and if possible photograph the fault and email us with the details and your reference number. In the unlikely event that your goods do arrive faulty, please contact us to inform us via email or phone. If you wish to exercise your legal rights to reject faulty goods, you must either return them in person to where you bought them or allow us or a carrier to collect them from you, we will pay the costs.
As outlined in clause 10.2, you are entitled to a 14-day right to reject starting from the day on which the goods are delivered if ordered through a distance sale. Bespoke Goods are exempt from this clause. Goods must be unused and we will not accept returns on Goods that have been fitted, finished or altered in any way.
14.6.Returning unwanted goods
We request that if you choose to implement your right to reject, you write to us before the 14-day period expires notifying us of your intentions and you will then have a further 14 days to return the goods. You are required to arrange and pay for the expense of returning such unwanted goods. If you choose to return the goods via a courier, we recommend you insure the goods for damage in transit, otherwise, liability will remain with you for any damage. Goods must be returned to:
F.A.O. Warehouse Manager
14.7.Returning leftover goods
We are also happy to accept back any flooring or accessories you have left over after completing your installation for a small 15% restocking fee (restrictions may apply). Bespoke Goods are exempt from this clause.
14.8.Requirements for returning goods
If you wish to return any goods they must be complete, unused, and in "as new" condition. If you wish to return any goods you must ensure that they are packaged adequately to protect against damage. If you have opened any boxes to examine the product we recommend that you take care with the packaging and try not to damage it as it is specifically designed for the product. Any items received that are damaged or not packaged correctly will not be accepted back into stock. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge accordingly. Once we have received the goods and inspected them, a refund will be issued.
15. Price and payment
15.1.Where to find the price for the product
The price of the product (which includes VAT) will be the price we describe to you in our showroom or on our website unless we have agreed on another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
15.2.We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product including delivery costs in full before the change in the rate of VAT takes effect.
15.3.What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. If the product's correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.
15.4.When you must pay and how you must pay
We accept payment with credit and debit cards, or bank transfers. We will not take payment from you until we have accepted your order. Once payment has been received your order will be processed.
Important information about bank transfers
All major banks have signed up to a new industry code, Confirmation of Payee (CoP). CoP is an account name checking service that will check if the payment details entered for a person or business match the details their bank holds.
This means that if you are making a payment to us by bank transfer, it’s important to make sure you use the name Keswick Flooring Ltd when creating a new payee in your online banking. If you don't use the correct name your payment may not reach us and this will lead to delays in your order being dispatched.
Within four weeks from the initial order date, the customer must pay the full balance for us to continue to keep stock on hold. We will contact you to arrange collection or delivery. However, we will only store goods for a maximum of sixteen weeks. If you do not collect or arrange delivery within this timeframe, we will cancel the order for a full refund or you will be required to pay storage at 2.5% of the full value of the order per week. This clause will stand unless agreed otherwise.
16. Our responsibility for loss or damage suffered by you
16.1.We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, as summarised in clause 10.2 or including the right to receive goods which are: as described and match the information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective goods under the Consumer Protection Act 1987.
17. How we may use your personal information
17.1.How we will use your personal information
18. Other important terms
18.1.We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract for the supply of the product within 14 days of us telling you about it and we will refund you any payments you have made in advance for Goods not provided.
18.2.You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3.Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.
18.4.If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5.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.
18.6.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 goods in the English courts.
18.7.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 want to contact the alternative dispute resolution provider we use. You can submit a complaint to RetailADR via their website at www.retailadr.org.uk. RetailADR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, please see our complaints policy for further information.
18.8.Posting on our website
We reserve the right to remove or refuse to post any customer content that we consider inappropriate. If you do post content or submit material, either by email or our website, unless we indicate otherwise, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. You grant us the right to use all information in connection with such content if we so choose. This offer does not conflict with your right under the General Data Protection Regulation 2018.
The views posted on our website represent those of the poster and are not our own views. We will not be held liable for the content posted by our website users, though we may choose to remove their posts at our discretion. Images posted in exchange for cash or credit against future orders must be of a suitable quality for us to publish on our website. We reserve the right to withdraw our offer if we consider images to be of a standard below which we would be happy to post on our website.
The information contained on our website is for general information purposes only. The information is provided by us and whilst we endeavour to keep the information up-to-date and correct, if by mistake we misinform you about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, pricing, products, services, or related graphics contained on the website for any purpose, we will not be liable to supply that item to you, provided that we notify you before we despatch the item to you. In those circumstances, we will notify the correct information to you, so you can decide whether or not you wish to order the item.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website, you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its content are copyright of Keswick Flooring Limited t/a FlooringMegastore.co.uk - © FlooringMegastore.co.uk 2021. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
(a) you may print or download to a local hard disk extract for your personal and non-commercial use only.
(b) you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
(c) You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it on any other website or other forms of the electronic retrieval system.