IFS Ltd. Terms & Conditions.
CUSTOMER TERMS AND CONDITIONS
Please read the following Terms and Conditions carefully. They contain important information about your rights and obligations. We recommend that you keep a copy of these Terms and Conditions and (if this document is not in hard copy form) that you print out these Terms and Conditions from the Site by clicking on the print icon on your browser so that you can keep them for your future reference.
Who we are: "We" or "us" are Internet Floorings Supplies Ltd, a company registered in England with the company registration number 08574578 whose registered office is at 18 Frankland Crescent, Lower Parkstone, Poole, Dorset, BH14 9PX. If you have any comments or suggestions, we would be pleased to receive them at our main address or by emailing us at [email protected].
Definitions and Interpretation: In these Terms and Conditions:
a). "Acknowledgement" means our acknowledgement of your Order.
b).A "Business Day" means a day which is neither (a) a Saturday or Sunday nor b) a public holiday in the United Kingdom.
c). "Confirmation of Order" means our written or electronic communication to you in which we accept your Order in accordance with the ‘Acceptance of your Order’ clause below.
d). The "Contract" means your order of a Product in accordance with these Terms and Conditions which we accept in accordance with the ‘Acceptance of your Order’ clause below. If you order more than one unit of Product, each Product ordered will constitute a separate Contract.
e). "Order" means the order submitted by you to us or the Site to purchase a Product from us either online or by telephone.
f). "Order Form" means the physical order form in the form supplied or approved by us, on which you may place Orders.
g). "You" means the customer who orders a Product from us, whose details are more particularly set out on the Site or on the Order Form.
h).References to “clauses” are to clauses of these Terms and Conditions.
i). Headings (including headings within individual clauses) are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions.
j). Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
k).References to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification); and
l).references to “includes” or “including” or like words or expressions shall mean without limitation.
Scope of these Terms and Conditions: These Terms and Conditions govern the supply by us of any product ordered by you, whether on the http://www.internetflooringsupplies.co.uk/ web site (the "Site") or by telephone. Any particular individual product that you order at any one time from us is referred to in these Terms and Conditions as the "Product". Further details of the Product can be obtained by reviewing the Site or looking in the materials applicable to the Product (which may be available from us on request). By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
Changes to these Terms and Conditions: We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
Payment methods: Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on 'Checkout' and you will be asked for credit or debit card details from a credit or debit card company acceptable to us, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event (unless otherwise agreed by us in writing) we shall not be bound to supply before we have received cleared funds in full. We may need to run credit checks or other anti-fraud checks in certain cases, for example, if the billing address does not match the delivery address – and you agree to cooperate with these checks.
Permission to pay: If you are asked for details of a payment card, you must be fully entitled to use that card and account. The card and account must have sufficient funds to cover the proposed payment to us.
Correct details: You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method, which you use, is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your credit or debit card details before providing you with the Product.
Being bound by these Terms and Conditions: When you submit an Order to us or the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
Your Order is an offer to buy: Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
Acceptance of your Order: We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your Order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may, in our discretion, refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first). The Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your order by email to you, in the form of a document called a “Confirmation of Order” stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
Mistakes in an Order: If you discover that you have made a mistake with your Order after you have submitted it to us or the Site, please contact [email protected] or 01202 251125 immediately.
Accuracy of prices: We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
Cancellation: If you wish to cancel your Order after you have received the Confirmation of Order but before the Product has been despatched to you, we will refund the payment made by you or your credit or debit card company to us, for our sale of the cancelled Product, within 2 Business Days of our receipt of your notice of cancellation. You must send your notice of cancellation by email to [email protected], quoting our order reference number and delivery details.
A record of your order: We keep an electronic copy of the contract between us for any Order and we will send you, by email, both the details of your Order and a copy of the current Terms and Conditions that apply to that Order. Of course, you can also find the current Terms and Conditions here at all times and details of all your recent Orders can be found in your Account (accessed with your customer login).
DELIVERY OF THE PRODUCT
Delivery to mainland UK addresses only: Please note we do not currently deliver to most offshore or remote locations, including Channel Islands, Isle of Wight, Isle of Man, Scilly Isles, Scottish Highlands, Scottish Islands and Northern Ireland. Free Shipping for selected products excludes including Channel Islands, Isle of Wight, Isle of Man, Scilly Isles, Scottish Highlands, Scottish Islands and Northern Ireland and some other remote postcodes. We reserve the right to cancel any order that is to be delivered in any of these locations. Any delivery charge will always be a minimum of £10.19 (which is the smallest delivery charge), and subject to that minimum will be based on:
1.) The postcode location of the delivery address you provide when placing your Order; and
2.) the weight of the Product that you have ordered.
Delivery to non-UK addresses: Please note that we do not accept Orders from registered addresses outside the UK via our Site (and also other than via the Site).
Delivery: We aim to deliver the Product to you at the kerb-side at the nearest access point for our delivery lorry to the place of delivery requested by you in your Order. You must arrange for the transport of the Product from the kerb-side once it has been unloaded from the delivery lorry.
Details when you place your Order: When you place your Order you must inform us if you have any doubt whether the third party delivery vehicle will be able to access the place of delivery you stipulate in that Order due to, for example, size or weight restrictions. If our courier cannot access the place of delivery that you stipulate in your Order due to the size of the third party delivery vehicle, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of:
a.) Non-delivery of the Product; or
b.) delivery of the Product at a place different to the place of delivery that you stipulate in your Order.
Accepting delivery: We cannot leave Products at places of delivery stipulated in your Order if you, or someone you have authorised to accept delivery, is not present to accept delivery. Anyone at the delivery address will be deemed to be authorised to accept delivery.
Delivery to a neighbour: To ensure a timely delivery, our couriers at their discretion may deliver to a neighbour. This is a widely accepted practice and the policy of most couriers including Royal Mail. We therefore consider a delivery confirmation to a neighbours address, proof of receipt of goods at the time it was handed to the neighbour.
Unless specifically instructed NOT to deliver to a neighbour before dispatch, we cannot be held liable for any consequential loss or late deliveries etc. due to but not limited to, unwillingness to collect due neighbourly disputes, loss, theft or damage to items whilst in a neighbours care.
Courier Obligations & Discretionery Assistance Our couriers are only obliged to deliver to kerbside. If at their discretion they agree to place the item any within or on the recipients property, Internet Flooring Supplies Limited cannot be held liable for any loss, theft or damage caused to property by the placing of goods at the recipients request.
Timeframe: We aim to deliver within 3 to 5 working days, but we cannot promise an exact date at the time of your Order or at the Confirmation of Order (For orders to the Channel Islands, Isle of Wight, Isle of Man, Scilly Isles, Scotland, Scottish Highlands, Scottish Islands and Northern Ireland can potentially incur an extra day or two). We always aim to deliver in accordance with any confirmed delivery date we have given to you for any Order which we accept but we cannot guarantee any firm delivery dates and we suggest that, if you require an installation specialist to install the Product, you make arrangements for the installation only once you have received delivery of the Product.
Next day delivery details: Next day delivery can be requested for Orders. However, we only offer next day delivery for Orders placed by phone (and for which we have received full payment) before 1pm. Next day delivery is not available for Orders placed on Saturdays, Sundays or Bank Holidays. Finally, Next day delivery is always subject to availability of stock, subject to a surcharge and is always dependent on where the delivery location is as to whether we can offer it.
Delivery times: We aim to deliver between the hours of 8am and 6pm on Business Days and between the hours of 8am and 4pm on Saturdays. (Please note that delivery on Saturdays is available for Orders by phone only and is always subject to availability of stock, subject to a surcharge and is always dependent on where the delivery location is as to whether we can offer it. Specific estimates for the time of delivery on any delivery date cannot be given).
Unable to meet estimated delivery date: We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Accepting delivery: On delivery of the Product, you are required to sign for delivery. You agree to inspect the Product for the correct quantities and any obvious faults, defects or damage before you sign for delivery. If the Product does have an obvious fault, defect or damage on delivery, you must stipulate that the Product is faulty, defective or damaged when you sign for delivery; a failure to stipulate this will mean that we cannot replace the faulty, defective or damaged Product. You need to keep receipt of the delivered Product in case of future discussions with us about it. You must submit any claim to us for faulty, defective or damaged Products within 14 days of delivery of the Product to you in accordance with this clause to the following contact details:
Phone: 01202 251125
Email: [email protected]
If you do report a faulty, defective or damaged product to us, please refer to the ‘Faulty Products’ clause.
Difficult locations: Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using your contact details and arrange for cancellation of the Order or an alternative delivery address.
Risk: All risk in the Product shall pass to you upon delivery, except that where delivery is delayed due to your breach of your obligations under the Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
Care when opening: You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
Readiness to receive Products: You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
If you are not around: If you are not available to take delivery, we may leave a card giving instructions on redelivery from the carrier. We may also pass on any costs incurred by us as a consequence of no-one being available to take delivery.
Refusal to accept delivery: If delivery or collection is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your Order on the delivery date that we agree with you, if you refuse to sign for the delivery of the Product on delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a.) Charge you for our reasonable storage fee and other costs reasonably incurred by us, including, but not limited to, redelivery costs; and
b.) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product).
When you own Products: You shall own the Product on the later of when we deliver it to you and when we receive payment in full for the Products (including VAT and delivery charges).
Do the Products meet your needs?: It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
Out of Stock Policy: We make every effort to maintain our inventory and mark items “out-of-stock" or remove the item on our website. On occasion, however, we may have fewer items in stock than what you order or the item may have just have become "out-of-stock" from a previous order. Should this happen, we shall be in contact directly with you via e-mail or telephone to discuss your order.
Your options will include:
* Selecting an alternate product
* Postponing your whole order delivery until all items can be sent in one delivery
* Opting for a "Back Order" and the item to be sent and charged at a later date (delivery costs may apply)
* Cancelling your order for that product or products
* Cancelling your full order
According to your selection, any refund or additional payment will be processed via your credit card used in the transaction.
RETURNING THE PRODUCT WITHOUT FAULT
NOT AFFECTING YOUR STATUTORY RIGHTS: THE REMEDIES IN THIS CLAUSE ARE ADDITIONAL TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS, UNDER WHICH YOU MAY HAVE THE RIGHT TO INSIST THAT GOODS THAT YOU BUY FROM BUSINESSES MUST CORRESPOND WITH THEIR DESCRIPTION, BE FIT FOR THEIR PURPOSE AND BE OF A SATISFACTORY QUALITY. THIS CLAUSE ONLY APPLIES IN RESPECT OF PRODUCTS WHICH ARE NOT FAULTY.
Right to cancel: If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Product. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. Details of your right of cancellation, and an explanation of how to exercise it, are provided in the Confirmation of Order. This provision does not affect your other statutory rights as a consumer. If you are a consumer, you have certain legal rights in respect of cancelling a Contract under the Consumer Protection (Distance Selling) Regulations 2000. However, this cancellation right does not apply to made-to-measure products such as carpet cut to specific customer measurements.
How to cancel: To cancel a Contract as detailed under the previous clause, you must inform us in writing. You must also arrange prompt delivery of the Products back to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Packaging returned Products: If you return any Product because you have cancelled a Contract, you must ensure that it is adequately packaged and carriage has been paid. We shall not accept any responsibility for damage caused by inadequate packaging by you.
Restocking charges: Returned goods will only be accepted for restocking for all items within the whole order, they are undamaged and in the original unopened packaging. We do not accept returns for part orders or for items which have been over ordered. A handling charge which is calculated as being 35% (for trade customers only) of the sales value to Internet Flooring Supplies Ltd is payable. This excludes goods that have been manufactured specifically for the customer.
Quality of Products: We warrant that:
a.) The Product will be delivered undamaged in the quantities ordered; and
b.) the Product will conform with the manufacturer's latest published instructions as set out on the Site or in our Product materials at the time of your Order.
Use of Products: The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as set out in any user instructions sent to you with the Product. It is the user's responsibility to ensure that he or she uses the Product strictly in accordance with those instructions.
Assistance to remedy faulty Products: In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
a.) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective;
b.) you providing to us photographic evidence, on request; and
c.) you providing us with the delivery note number and such other information as we reasonably require.
When we won’t replace or refund: If you would like us to replace or provide a refund for the Product where it did conform to the Contract, or we find that the Product has:
a.) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b.) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c.) been dealt with or used contrary to our or the manufacturer's instructions for the Product; or
d.) deteriorated through normal wear and tear;
after delivery by us, we may at our discretion, decide not to replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
What we don’t limit or exclude liability for: Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for breach of Section 12 of the Sale of Goods Act 1979 or for any other liabilities that we cannot exclude at law.
Returns: If you return a Product to us:
a.) Because you have cancelled the Contract between us within the 14-day cooling-off period, we will process the refund due to you as soon as possible after they have been safely returned and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the Product safely to us; or
b.) For any other reason (for instance, because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full including any applicable delivery charges.
Refunds: We will refund any money received from you using the same method originally used by you to pay for your purchase.
IFS TRADE ACCOUNT
Eligibility: The IFS Trade Account is offered to all companies including sole traders who's regular business activities include the supply, installation, repair and/or general maintenance of flooring. This includes but is not limited to: Architects, Bathroom & Kitchen Fitters, Builders, Property Developers, Flooring Fitters & Engineers, Interior Designers and Plumbers.
Approval: On submitting your IFS Trade Account application, we will evaluate your business and the information provided. Approval of any account will then be at the sole discretion of Internet Flooring Supplies Ltd.
We reserve the right to cancel any order and terminate the associated accounts of any companies or individuals that make false claims regarding their eligibility for a trade account or any other reason at our sole discretion without notice.