TERMS & CONDITIONS
Kerrys Flooring Limited Terms and conditions
What these terms cover.
These are the terms and conditions on which we will supply our products to you.
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 products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Information about us and how to contact us
Who we are.
We are Kerrys Flooring Limited trading as Kerry’s Carpets & Flooring (referred to as “we”, “us”, “our” in these terms), a company registered in England and Wales. Our company registration number is 06141141 and our registered office is at Midland Road, North Walsham, Norfolk, NR28 9JR. Our registered VAT number is GB 750 8903 21.
How to contact us.
You can contact us by telephone on 01692 503090, by email at [email protected], or by writing to us at Kerrys Flooring Limited, Midland Road, North Walsham, Norfolk, NR28 9JR.
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 in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
How you make an Order.
When you confirm to us that you accept our quotation you are making an offer to purchase products on the basis of these terms. This is referred to in these terms as your “Order”.
How we will accept your Order.
Our acceptance of your Order will take place on the earlier of the following:
- when we write to you to confirm we have accepted your Order
- when we commence performance of your Order
- at which point a contract will come into existence between you and us.
If we cannot accept your Order.
If we are unable to accept your order, we will inform you of this and will not charge you for the products you ordered. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, 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.
We only sell to the UK.
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
Quotations are valid for a limited time only.
Any quotation given by us to you shall not constitute an offer, and is only valid for a period of 14 days from its date of issue.
Products may vary slightly from their pictures.
The images of the products 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 or the printed pictures on our website accurately reflects the colour of the products. Your product may vary slightly from those images.
Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
Your rights to make changes
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 of the products, the timing of supply 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.
Our rights to make changes
We may change the products:
to reflect changes in relevant laws and regulatory requirements; or
to implement minor technical adjustments and improvements,
and these changes will not affect your use of the products you have ordered.
Providing the products
Delivery and installation costs.
The costs of delivery and installation of the products will be as set out in our quotation provided to you during the order process.
When we will provide the products.
Once we have received your Order, we will contact you to agree a delivery and installation date.
We are not responsible for delays outside our control.
If our delivery or installation of the products 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 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 products you have paid for but not received.
Collection by you.
If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours, details of which can be found on our website: www.kerrys.uk.com.
If you are not at home when the product is delivered.
If no one is available at your address on the agreed date for delivery and installation of the products, we will leave you a note informing you of how to rearrange delivery and installation.
If you do not re-arrange delivery.
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery 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.
If you do not allow us access to install the products.
If you have asked us to install the products for you and you do not allow us access to your property as arranged (and you do not have a good reason for this), or your property is not in a suitable state for the installation of the products, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply
Your legal rights if we deliver late.
You have legal rights if we deliver any products late. Subject to clause 7.3, if we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
we have refused to deliver the products;
delivery on an agreed delivery deadline was essential (taking into account all the relevant circumstances); or
you told us in writing before we accepted your Order that delivery within the agreed delivery deadline was essential.
When you become responsible for the products.
The products will be your responsibility from the time we deliver the products to the address you gave us or you collect it from us.
When you own the products.
You own the products once we have received payment in full.
What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, such as measurements of rooms for example. 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 products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes; or
make changes to the product as requested by you or notified by us to you (see clause 6).
Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
We may also suspend supply of the products if you do not pay.
If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.5).
Your rights to end the contract
You can always end the contract for the supply of a product before it has been delivered, installed and paid for.
You may contact us to end your contract for a product at any time before we have delivered and installed it and you have paid for it, but in some circumstances we may charge you for doing so, as described below.
What happens if you have a good reason for ending the contract.
If you are ending a contract for a reason set out at clause 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
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;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
you have a legal right to end the contract because of something we have done wrong (but see clause 7.8 in relation to your rights to on end the contract if we deliver late).
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 products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
Returning products after ending the contract.
If you end the contract after products have been delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the products 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.
Our rights to end the contract
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:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
you do not, within a reasonable time, allow us to deliver the products to you and install them, or collect them from us.
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 products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the product
How to tell us about problems.
If you have any questions or complaints about the products, please contact us using the details set out in clause 2.2 of these terms. Alternatively, please speak to one of our staff in-store.
Your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either return them in person to our store or allow us to collect them from you.
We offer the following guarantee which is in addition to your legal rights and does not affect them. We guarantee that, for a period of 12 months from completion of delivery and installation of the products, the products and their installation will:
- conform with their description and any applicable specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
What to do if the products do not meet our guarantee.
Subject to clause 10.6, if:
you inform us during the guarantee period that some or all of the products (or their installation) do not comply with the guarantee set out in clause 10.4; and
we are given a reasonable opportunity of examining such products and their installation,
we will, at our sole discretion, repair or replace the defective products and their installation, or refund the price of the defective products in full.
When we won’t be liable under our guarantee.
We will not be liable for the products’ failure to comply with the guarantee set out in clause 10.4 if:
the defect arises because you failed to follow our written instructions as to the storage, use and maintenance of the products;
the defect arises as a result of us following any measurements for the products supplied by you;
you alter or repair the products without our written consent; or
the defect arises as a result of fair wear and tear, wilful damage or negligence.
Price and payment
Where to find the price for the product.
The price of the products (which includes VAT) will be the price set out in our quotation which we have provided to you, unless we have agreed another price in writing. We take all reasonable care to ensure that the price of products advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the products you order.
Where to find installation costs.
If we are to install the products on your behalf, the costs for installation (which may include or exclude VAT, as set out in the quotation) will be as set out in the quotation we have provided to you.
What happens if we got the price wrong.
It is always possible that, despite our best efforts, the price of the products in our quotation may be incorrect. We will normally check prices before accepting your Order so that, where the product’s correct price at your order date is less than the correct price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our quotation, we will contact you for your instructions before we accept your order.
When you must pay and how you must pay.
We accept payment by cash, credit or debit card, or bank transfer. When you must pay depends on what product you are buying:
for products which are to be made and installed to your measurements, you must pay for the products in full before we deliver and install them;
for products which are to be made and installed according to measurements which we (or our nominated subcontractor) have taken, you must make an advance payment of 50% of the price of the products, before we deliver and install them. We will invoice you for the balance of the price of the products when we have completed the installation of the products. You must pay each invoice within 7 calendar days after the date of the invoice; and
installation costs must be paid in cash or by bank transfer, directly to the tradesperson who we have engaged to install the products, immediately upon completion of the installation of the products.
We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
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 products, including the right to receive products which are: as described and which match the information we provided to you or any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
When we are liable for damage to your property.
If we are installing the products or providing other services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
We are not liable for business losses.
If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
Other important terms
We may transfer this Contract 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.
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.
Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 10.7 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
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.
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 products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.