Terms and Conditions
1.(a) All sales shall be deemed to be made between the buyer and Floor Design in accordance with the Terms and Conditions of Sale herein after mentioned. In the event of any conflict between the Conditions and any terms and conditions put forward by the Buyer, these conditions shall prevail.
(b) No person has authority to make any representation on behalf of Floor Design, which is not made or confirmed in writing and the Buyer shall not rely upon any representation unless made or confirmed in writing.
(c) The prices for all materials or goods supplied and transportation shall be strictly in accordance with those prices at the time of order currently notified and published by Floor Design unless otherwise confirmed in writing by Floor Design.
Goods are not sold (or tested) as conforming to any British Standard Specification or as fit for any particular purpose, unless expressly so stated in writing, and any term, condition or warranty that the goods are so fit is excluded.
2. All trade account invoices are to be paid within 28 days of their date, unless some other terms have been specifically agreed in writing between the buyer and Floor Design. All overdue accounts will attract a charge of interest at the rate of 2% per month or part thereof. Floor Design reserves the right to withdraw credit facilities at any time and all outstanding monies will fall due for immediate payment. In the event that Court proceedings are required to enforce payment of such outstanding monies, then Floor Design shall in that event be entitled to recover all expenses and outlays including legal expenses, associated with such proceedings from the buyer.
3. The ownership of the goods shall not pass to the Buyer until the Buyer has paid to Floor Design the whole price thereof and the price of any other outstanding sale. If, notwithstanding that the ownership of goods has not passed to the Buyer, the Buyer agrees that, prior to the payment of the whole price of the goods, Floor Design may, in the event of default by the buyer in payment of any portion of the price, at any time enter upon the buyer's premises and remove the goods there from and that the buyer shall keep the goods seperate and identifiable for this purpose. Notwithstanding that ownership of the goods shall not pass to the Buyer save as provided above, the goods shall be at the risk of the Buyer from the time of collection or delivery to him of the goods.
4. It is the buyers responsibility to check the goods for damage or wrong delivery before accepting delivery. No claim for damages or wrong delivery can be made if the carriers receipt is signed as goods received in good condition, signing for goods as 'Not Inspected' will not be accepted. Any claim for damages or wrong delivery must be made to Floor Design in writing within 3 days of receipt of goods, failing which all claims shall be deemed to be waived and absolutely barred.Flooring deliveries are made to the 'kerb side'. The buyer must provide assistance unloading the goods. It is assumed that the delivery address will be accessible by a large lorry (40'-0'). It is the buyers responsibility to advise Floor Design of any restrictions, e.g. the road is subject to a vehicle weight or width limit, please inform Floor Design at the time of order. The person who placed the order will need to be at the delivery address to sign for the goods, the delivery slot on a given day is any time between 8am and 6pm. The carriers receipt may only be signed by the Buyer or someone authorised by him to inspect and to accept the goods on the Buyers behalf. The Buyer shall be bound by any signature of the carrier's receipt by any person holding him or herself out to Floor Design as being so authorised. If a delivery is attempted on an agreed delivery date and the driver is unable to gain vehicular access or the buyer (or their representative) is not present to receive the goods, the buyer will be liable for any redelivery costs incurred.
5. Goods may be returned for whatever reason subject to the Buyer notifying Floor Design in writing, within 7 days of receipt of the goods that they wish cancel the order. The goods will only be accepted for restocking if they are undamaged and in the original unopened packaging. The goods must be returned at the buyers expense, via their chosen courier, and a 30% handling charge is payable. This does not affect your statutory rights as a consumer.
6. Whilst every effort will be made by Floor Design to ensure that the correct quantity and quality of goods are delivered within a timely manner to the buyer, neither Floor Design or the manufacturer shall be liable for any damages caused by the such omissions or delays.
7. In installing or using any goods or equipment supplied by Floor Design, the Buyer shall observe all instructions, directions and warnings issued by Floor Design or the manufacturer. Floord Design shall not be liable for any fault or damage occasioned to the goods caused by any failure on the part of the Buyer to observe and follow any such instructions, directions or warnings.
8. All cases of force majeur such as wars, riots, strikes, lockouts, bankruptcy, fire, water damage, delay in transport, lack of means of transport, breakdown in factories or those of our suppliers or any other unforeseeable events give us the right to postpone the fulfilment of the contract, as well as to cancel it partially or wholly without thereby conferring on the Buyer the right to claim damages against Floor Design or the manufacturers.
9. The contract between Floor Design and the Buyer shall be deemed to have been made at the registered office of Floor Design, Unit 13, Midfield Drive, Dunnikier Business Park, Kirkcady, Fife KY1 3LW. All contracts subject to these Conditions between the Buyer and Floor Design, shall be subject to and interpreted in accordance with Scottish law and the Buyer hereby agrees to submit to the non-exclusive jurisdiction of the Scottish Courts in respect of all claims, disputes or differences arising out of or in connection with any such contract.
10. Goods and services are only available to residents of the United Kingdom mainland. Payments in GBP only.