TERMS AND CONDITIONS OF SALE AND SERVICE
These Terms and Conditions provide general information about our business and set out the basis on which we supply goods and services. Please read them carefully before placing an order.
1. DEFINITIONS
In these Terms:
“Company”, “we”, “us”, “our”, “Wood Care Fiishes” means Trades Centre Ltd, trading as Flooring Centre and/or Flooring Supplies Centre, of Unit 3, 158 Coles Green Road, London, NW2 7HW.
“Website” means www.woodcarefinishes.co.uk.
“Client”, “customer”, “you”, “your” means the person, business, company or other organisation purchasing goods or services from us.
“Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
“Business Customer” means a customer acting for purposes relating to their trade, business, craft or profession, including trade account holders and business purchasers.
“Goods” means any products, flooring, accessories, tools, materials, samples or other items supplied by us.
“Services” means any services provided by us, including where applicable measuring, delivery, fitting coordination or related services.
“Delivery Address” means the address provided for delivery of the order.
“Collection” means goods collected by the customer or their nominated representative from our premises or another agreed collection point.
References to the singular include the plural and vice versa where the context permits. Headings are for convenience only and do not affect interpretation.
2. TERMS OF CONTRACT
These Terms form part of the contract between you and us.
By placing an order with us online, by telephone, by email, in person, or by any other method we accept, you confirm that:
We will comply with applicable laws and regulations. Nothing in these Terms excludes or limits any rights that cannot lawfully be excluded or limited.
If you are a Consumer, these Terms apply together with your statutory rights.
If you are a Business Customer, Section 12 applies in addition to the other relevant provisions of these Terms.
No variation to these Terms will be binding unless agreed by us in writing.
3. QUOTATIONS AND PRICES
We use metric measurements when preparing quotations unless otherwise stated.
Quotations given by telephone, email or in writing are based on current prices, supplier pricing, stock availability and product details known at the time. Unless otherwise stated in writing, quotations may be withdrawn or revised if not accepted within the period stated in the quotation or, if no period is stated, within a reasonable time.
We make every effort to ensure that pricing and product information on our Website and in our communications is accurate. However, errors may occasionally occur. If we discover an error in pricing, pack size, dimensions, product details, availability or delivery feasibility before dispatch or collection, we may cancel the order and refund any sums paid.
An order is accepted by us when we confirm acceptance or dispatch the Goods, whichever occurs first.
Risk in the Goods passes in accordance with Section 7. Title to Goods remains with us until we have received payment in full in cleared funds.
4. VAT
Prices are stated inclusive of VAT where applicable unless stated otherwise. Delivery charges and other additional charges are subject to VAT where applicable.
5. PRODUCT DESCRIPTIONS
We aim to ensure that product descriptions, images, dimensions, coverage figures, colours, prices and delivery information are as accurate as reasonably possible. However:
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images are for illustration only;
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colour and appearance may vary due to screen display, lighting, batch variation and the natural characteristics of the product;
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natural wood and similar materials may vary in shade, grain, knots and texture.
Nothing in this section limits your statutory rights where Goods are not as described.
6. SAMPLES
Samples are intended as an indication only and may not represent the full appearance, grading, variation, tone, grain or texture of the final product, especially where the product is natural wood or another material with natural variation.
No two boards or pieces are identical. Reasonable variation in colour, grain, pattern and texture is a natural feature and not a defect.
Sample dispatch times are estimates only and may vary depending on availability.
7. GOODS DELIVERY AND CHARGES
7.1 Delivery charges and delivery windows
Delivery charges are calculated according to the delivery location, product size, product weight and the delivery method required.
Deliveries are generally made Monday to Friday between 8:00 am and 5:00 pm, excluding bank holidays, unless otherwise agreed. Exact delivery times cannot always be guaranteed.
Saturday delivery may be available at an extra charge.
We currently accept orders for billing and delivery within the UK only.
7.2 Delivery access and customer responsibilities
Deliveries may be made by van or lorry. It is your responsibility to ensure that the Delivery Address is accessible for the relevant vehicle type and that any restrictions, such as road access, width, parking, red routes, timed restrictions or loading restrictions, are disclosed to us before dispatch.
You, or a person authorised by you, should be available at the Delivery Address to receive and sign for the Goods.
If the courier or driver is unable to complete delivery because:
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the address is inaccessible;
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there is no suitable person available to receive the order;
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adequate help is not available where unloading assistance is reasonably required;
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the Goods are refused without lawful reason; or
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you request cancellation after dispatch,
you may be charged the additional costs of failed delivery, return transport, storage and/or re-delivery.
7.3 Kerbside pallet deliveries
Unless expressly agreed otherwise, pallet deliveries are kerbside only. The driver’s obligation is to deliver to the nearest reasonably accessible point at the Delivery Address. Drivers are not obliged to carry Goods into the property.
For heavy flooring deliveries, you should ensure adequate help is available to move the Goods safely from the delivery point into the property.
7.4 Delivery delays
Any delivery date or timeframe provided by us is an estimate only unless expressly agreed in writing as essential.
We are not responsible for delays caused by events outside our reasonable control, including carrier issues, traffic, road closures, accidents, severe weather, supplier delays or other unforeseen events. We will use reasonable efforts to keep you informed of any significant delay where information is available to us.
We strongly recommend that you do not book installers, tradespeople or other timed works until you have received and inspected the Goods.
Nothing in this section affects your statutory rights.
7.5 Leaving goods without signature
We may agree, at your request, to leave Goods without signature or in an alternative location. If we agree to do so, risk in the Goods will pass when the Goods are delivered to the agreed location.
7.6 Local deliveries and ID checks
For certain local deliveries carried out by us, we may require the person receiving the Goods to show identification for fraud-prevention purposes. This does not affect your statutory rights.
Where someone other than the named customer will receive the Goods, you must provide their full name in advance. That person may be required to sign for the delivery and provide ID.
If no acceptable ID is provided where reasonably required for fraud prevention, we may withhold release of the Goods and arrange re-delivery, in which case a further delivery charge may apply.
7.7 Missing, damaged or incorrect goods
You should inspect the Goods as soon as reasonably possible after delivery or collection.
If any Goods are visibly damaged, missing or incorrect on arrival, please:
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note this on the delivery paperwork where possible; and
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notify us as soon as reasonably possible, preferably within 48 hours.
Prompt reporting helps us investigate with the courier or supplier. However, this does not affect your statutory rights.
Before installation or use, you must check that the correct product has been supplied and that it is suitable and free from obvious defects. Goods must not be installed once a defect that should reasonably have been noticed is apparent.
7.8 Charges
Typical delivery charges may vary depending on product type, quantity, pallet size and postcode.
Small-order charges may apply on certain supplier products where the manufacturer or supplier imposes a minimum-order surcharge. Any such charge will be notified before the order is completed.
7.9 Hazardous goods
Certain flammable or hazardous products may only be delivered within limited areas or by our own vehicle. Availability depends on product type, transport regulations and delivery location.
8. PRODUCT GUARANTEES
8.1 Flooring products
Many flooring products are supplied with a manufacturer’s guarantee. The scope and duration of any such guarantee depend on the manufacturer and product.
Manufacturer guarantees may be invalidated by incorrect installation, unsuitable site conditions, improper acclimatisation, unsuitable subfloors, incorrect maintenance, misuse or the use of incompatible materials or accessories.
You are responsible for ensuring that installation is carried out in accordance with the manufacturer’s instructions and good trade practice.
8.2 Supplies, tools and accessories
Tools, accessories and supplies may also carry manufacturer guarantees where applicable. Details are available on request or from the product packaging or manufacturer.
Nothing in this section affects your statutory rights in relation to faulty Goods.
9. RETURNS, CANCELLATIONS AND REFUNDS
This Section 9 applies to Consumers only. Business Customers should see Section 12.
9.1 Online and telephone orders: right to cancel
If you are a Consumer and buy Goods online or over the phone, you have the legal right to cancel your order without giving any reason.
The cancellation period ends 14 days after the day on which you, or a person identified by you to receive the Goods, takes physical possession of the Goods.
Where multiple Goods are ordered in one order and delivered on different days, the cancellation period ends 14 days after the day on which the last item is received.
To exercise the right to cancel, you must inform us of your decision by a clear statement, for example by email.
If you cancel, you must send the Goods back to us within 14 days after the day on which you tell us you are cancelling.
This statutory cancellation right does not apply to Goods that are made to your specifications or are clearly personalised, or to any other Goods excluded from cancellation by law.
9.2 In-store purchases
If you buy Goods in-store, the statutory 14-day cooling-off right for distance sales does not apply.
Any return or exchange for non-faulty in-store purchases is offered solely in accordance with our store returns policy in this Section and does not affect your statutory rights where Goods are faulty, misdescribed or otherwise not in conformity with the contract.
9.3 Return conditions
Returned Goods remain your responsibility until received by us.
When returning Goods, you should:
For cancelled distance-sale orders, you may inspect the Goods as you would in a retail shop. We may reduce the refund to reflect any loss in value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
Examples of handling that may result in a deduction include:
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opened or broken packs where the contents can no longer be sold as new;
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installed or partially installed products;
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cut, marked, damaged or soiled products;
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damage caused by poor storage, handling or return transit.
We recommend taking photographs of the Goods before return.
9.4 Return costs
Unless the Goods are faulty, not as described, or otherwise subject to a statutory remedy, you are responsible for the direct cost of returning the Goods to us.
Where we arrange collection on your behalf, we may deduct the collection cost from the refund or require payment of that charge in advance.
9.5 Refunds for cancelled online and telephone orders
If you validly cancel an online or telephone order, we will refund:
We may make a deduction for loss in value caused by unnecessary handling as described above.
We will make any refund without undue delay and, in any event, within 14 days after the earlier of:
Refunds will usually be made using the same payment method used for the original transaction, unless otherwise agreed.
9.6 Store returns policy for non-faulty in-store purchases
For non-faulty Goods purchased in-store, we may accept returns at our discretion subject to proof of purchase and the conditions below.
To be considered for return, Goods must:
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be returned within 14 days of purchase unless a different period is stated by us;
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be unused and in resaleable condition;
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include original packaging where reasonably possible.
For non-faulty in-store returns accepted by us:
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tools and accessories may be refunded in full if returned within 14 days in resaleable condition;
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liquids may be subject to a shorter return window and/or a handling or restocking charge where this is clearly disclosed at the point of sale;
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flooring products may be subject to a restocking charge where clearly disclosed at the point of sale.
Special-order, non-stock, bespoke, mixed, tinted, cut-to-size or otherwise supplier-committed items are generally non-returnable unless faulty.
This store returns policy is discretionary and does not affect your statutory rights.
9.7 Faulty, damaged, misdescribed or non-conforming goods
If Goods are faulty, damaged, misdescribed, or otherwise do not conform to the contract, you may be entitled to a repair, replacement, price reduction or refund in accordance with your statutory rights.
You should notify us as soon as reasonably possible after discovering the issue and before installation or further use where reasonably possible.
We may inspect the Goods, request photographs or information, or arrange an inspection by us, the manufacturer or supplier before confirming the appropriate remedy.
Nothing in these Terms limits your statutory rights under the Consumer Rights Act 2015. Under that Act, goods must be of satisfactory quality, fit for their usual purpose where relevant, and as described, and liability for those core statutory rights cannot be excluded or restricted.
9.8 Return address
Returns should be sent or delivered to:
Trades Centre Ltd
158 Coles Green Road
London
NW2 7HW
Monday to Friday, excluding bank holidays
8:00 am to 5:30 pm
Please contact us before returning large or palletised items so that suitable return arrangements can be discussed.
10. SERVICES
We may offer fitting-related and other services through our service division.
Any Services supplied by us are subject to any additional service-specific terms, quotations or scope documents issued by us.
Where Services include installation, the customer must ensure that the site is suitable, accessible, safe and ready for the agreed works.
Any dates for Services are estimates unless expressly agreed otherwise in writing.
Nothing in this section affects any statutory rights you may have in relation to Services supplied to Consumers.
11. DELAYED COLLECTIONS AND STORAGE
Where Goods are ordered but not collected or booked for delivery within 7 working days after they are ready, we may charge storage at the rate notified to you at the time of order or, if no rate is notified, at a reasonable storage rate.
Unless otherwise agreed, current storage charges may be applied to flooring products not booked for delivery or collection within 7 working days after notification that they are ready.
Storage charges may be waived or varied for supply-and-fit projects at our discretion for an agreed period.
12. BUSINESS-TO-BUSINESS AND TRADE SALES
12.1 Application
This Section applies where an order is placed by or on behalf of a business, trade customer, company, sole trader, partnership, landlord, developer, contractor, fitter, installer, property manager, public body, organisation, or any customer purchasing in the course of business.
Business Customers are not Consumers for the purposes of consumer legislation.
12.2 No automatic right to cancel
Business Customers do not have a statutory cooling-off right under the Consumer Contracts Regulations.
No return, cancellation or refund is available for non-faulty Goods unless expressly agreed by us in writing.
Orders supplied at trade pricing, bulk pricing, discounted pricing, under trade accounts, or against bespoke or supplier-committed orders are non-returnable unless faulty, unless we agree otherwise in writing.
12.3 Returns agreed at our discretion
If we agree to accept a return from a Business Customer:
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the Goods must be unused, unopened where applicable, and fully resaleable;
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the Business Customer is responsible for all return transport costs and risk until receipt by us;
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a restocking charge may apply;
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special-order, non-stock, bespoke, mixed, tinted, cut, or supplier-committed items are non-returnable.
12.4 Faulty goods for Business Customers
For Business Customers, remedies for faulty Goods will be subject to the applicable law and may be limited, at our option, to repair, replacement or refund of the affected Goods.
We may inspect the Goods, request evidence and/or obtain a manufacturer or supplier report before agreeing a remedy.
12.5 Exclusion of certain business losses
To the fullest extent permitted by law, we are not liable to Business Customers for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of contract, loss of business opportunity, or project delay costs.
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.
13. LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with them are governed by the law of England and Wales.
If you are a Consumer, you will also benefit from any mandatory protections of the law of the country in the United Kingdom in which you reside, where applicable.
The courts of England and Wales shall have jurisdiction, except that Consumers resident in another part of the United Kingdom may also bring proceedings in their local courts where the law permits.