Terms and Conditions

1.1 In these Terms, the following definitions apply:

(a) Event Outside Our Control: is defined in clause 13.2;

(b) Goods: the goods that we are selling to you as set out in the Order;

(c) Order: your order for the Goods and/or Services;

(d) Services: the services that we are providing to you as set out in the Order;

(e) Terms: the terms and conditions set out in this document; and

(f) We/Our/Us: Tailored Flooring registered in England and Wales with VAT Reg: 460 2804 15

1.2 When we use the words "writing" or "written" in these Terms, this will include email unless we say otherwise.

2.1 These are the terms and conditions on which we supply Goods, or Services, or both Goods and Services, to you.

2.2 Please ensure that you read these Terms carefully, and check that the details on the order and in these terms are complete and accurate, before you sign and submit the Order or confirm your acceptance in writing. If you think that there is a mistake, please contact us to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion between you and us.

2.3 We consider that these Terms and the Order constitute the whole agreement between you and us.

2.4 When you sign and submit the order to us, or confirm your acceptance in writing this does not mean we have accepted your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause. Or, if a deposit is paid, then this is also confirmation you accept our Terms and Conditions.

2.5. If we are unable to supply you with the Goods and/or Services, We will inform you of this and we will not process the Order. 2.5 These Terms will become binding on you and us when we issue you with a written acceptance of an order, at which point a contract will come into existence between you and us.

2.6 If any of these Terms conflict with any term of the Order, the Order will take priority.

2.7 We shall assign an order number (or job Number) to the Order and inform you of it when we confirm the Order. Please quote the order number in all subsequent correspondence with us relating to the Order.

2.8 The images of the Goods on Our website or in our catalogue/brochure/s are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. Although we have made every effort to be as accurate as possible.

3.1 We may revise these Terms from time to time in the following circumstances: (a) Changes in how we accept payment from you; or (b) Changes in relevant laws and regulatory requirements.

3.2 If we have to revise these Terms under clause 3.1, we will give you written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 14.4(c).

3.3 You may make a change to the Order for Goods and/or Services at any time before we dispatch the Goods or commence provision of the Services by contacting us. Where this means a change in the total price of the Goods and/or Services, we will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 14 in these circumstances.

3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 14. In the case of made-to-measure or cut to size goods, unfortunately, because we make or order these Goods to your specific requirements, you will not be able to cancel an order once it is made. This may include any floorcoverings ordered specifically for your project.

4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.

4.2 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event outside our control. See clause 13 for our responsibilities when this happens.

4.3 If you have asked to collect the Goods from our premises, you can collect the Goods from us at any time during our working hours of 9am to 5pm on weekdays, by prior arrangement.

4.4 Delivery of an Order shall be completed when we deliver the Goods to the address you gave us or you collect them from us.

4.5 If no one is available at your address to take delivery, we will leave you a note that the goods have been returned to our premises, in which case, please contact us to rearrange delivery. We reserve the right to levy appropriate additional costs in such circumstances.

4.6 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

4.7 The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from Us.

4.8 You own the Goods only once we have received payment of all monies in full, we reserve the right to collect or remove goods (including installed materials) that have not been paid for.

4.9 Customer collection can be arranged during our usual opening hours.

As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. 6. THIRD-PARTY MANUFACTURER'S GUARANTEE OF GOODS

6.1 The Goods may come with a manufacturer's guarantee. If so, for further details, please refer to the manufacturer's guarantee provided with the Goods.

6.2 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

6.1 The Goods may come with a manufacturer's guarantee. If so, for further details, please refer to the manufacturer's guarantee provided with the Goods.

6.2 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

7.1 We guarantee that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 7.2.

7.2 This guarantee does not apply to any defect in the Goods arising from: (a) Fair wear and tear; (b) Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) If you fail to use the Goods in accordance with the user instructions; (d) Any alteration or repair by you or by a third party who is not one of our authorised repairers; and

7.3 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

8.1 If you are unhappy with the Goods for any reason or you change your mind, you may return them to us at your own cost within 7 calendar days of receipt if you send us the proof of purchase. We will refund you the price you paid for the Goods and the cost of postage.

8.2 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9.1 We will supply the Services to you from the date set out in the Order or the date agreed between us in writing until the estimated agreed completion date set out in the Order.

9.2 We will make every effort to complete the Services on time. However, there may be delays due to an event outside of our control. See clause 13 for our responsibilities when an event outside Our Control happens.

9.3 We may need certain information from you that is necessary for us to provide the Services, and we may request this information from you as necessary. We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause

9.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.

9.4 We may have to suspend the Services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 9.4 but this does not affect your obligation to pay for any invoices we have already sent you.

9.5 You shall be responsible for the moving of any furniture or fittings to enable supply of the Services. We reserve the right to charge on a day work basis for the moving of any furniture or fittings. (Unless these services are detailed otherwise in our quotation)

9.6 If you do not pay us for the Services when you are supposed to as set out in clause 11.7, we may suspend the Services with immediate effect until you have paid us the outstanding amounts (except where you dispute an invoice under clause 11.10). We will contact you to tell you this. This does not affect our right to charge you interest under clause 11.8.

10.1 In the unlikely event that there is any defect with the Services: (a) Please contact us and tell us as soon as reasonably possible; (b) Please give us a reasonable opportunity to repair or fix any defect; and (c) We will use every effort to repair or fix the defect within 48 hours where the defect might affect vulnerable people living in your property (such as children or elderly or disabled persons) and within 14 days in all other circumstances. You will not have to pay for us to repair or fix a defect with the Services under this clause

10.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. em description

11.1 The price of the Goods and/or the Services will be set out in the Quotation and Order Confirmation. Our prices may change at any time, but price changes will not affect orders that we have confirmed with you.

11.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.

11.3 The prices for the Supply Only Goods exclude delivery costs, which will be added to the total amount due (unless otherwise quoted or detailed in advance)

11.4 It is always possible that, despite our best efforts, some of the Goods or Service that we sell may be incorrectly priced. We will normally check prices as part of our despatch procedures so that, where the Goods or Service correct price is less than our stated price, we will charge the lower amount when dispatching the Goods or Service to you. If the price is higher than the price stated on our site, we will contact you to tell you and for your instructions. If the pricing error is obvious and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Goods or Services to you at the incorrect (lower) price.

11.5 Where we are providing Goods to you, you must make payment for Goods in advance by credit or debit card4 or by BACS Bank Transfer to our account.

11.6 The charges for Services shall be quoted in advance in accordance with our standard rates, details of which are available on request at our stores. Other special services or specialist works will be will be detailed within our quotation / order and calculated at the relevant rates. (a) Our standard daily fee rates for each individual person are calculated on the basis of an eight-hour day from 8.00 am to 4.30 pm worked Monday to Friday; (b) Overtime will be charged at an applicable rate to be advised and agreed in advance of the commencement of the Services, or as set out in any pre-quoted fixed lump sums by Us, for any time worked by individuals whom we engage on the services outside the hours referred to in clause 11.6(b); and We shall be entitled to charge you for any expenses reasonably incurred by the individuals whom we engage in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any Associated expenses, and for the cost of services provided by third parties and required by the Supplier for the performance of the Services, as well as the cost of any materials. (c) Additional works or unforeseen works not detailed within our original quotations will be identified as quickly as possible. These works will be quoted separately, and any additional time requirements will also be confirmed at this stage, we will require written instructions to proceed

11.7 Where we are providing Services to you, we may ask you to make an advance payment by way of a deposit to cover part of the contract price. (See below) • Generally for orders of less than £1000.00 in value we require payment in full in advance of works and prior to the ordering of materials • For orders in excess of £1000.00 the material costs will be the deposit, with the balance to be paid on the day of completion of works. This can done by calling the showroom to pay by credit card or debit card over the phone, or by BACS Bank Transfer to our account.

For projects requiring ‘phased works’ for example multiple areas being completed over a longer period of time, payments for all following phases must be paid at the completion of the first phase, (unless otherwise agreed in writing in advance) This covers the cost of materials and the safe storage of the same over longer periods

For larger commercial projects we may offer payment terms, if we are offering these terms will confirm the offer in writing in advance: We will invoice you for Services and Goods provided at any time after we have performed the Services or at our sole discretion, we may invoice you weekly or monthly in arrears for the Services until the Services are completed. Each invoice will quote the Order / Reference Number. You must pay each invoice in cleared monies by the 20th day of the month following the month in which the invoice was rendered. Any additional works or alterations to the scope of the Services must be agreed by us and will be subject to additional charges on a time and materials basis.

11.8 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate. 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.

11.9 You shall pay all amounts due under the contract in full, without any deduction or withholding or set off, except as required by law. We may, without limiting our other rights or remedies, set off any amount owing to us by you.

11.10 However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 11.8 will not apply for the period of the dispute.

12.1 If we fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or Our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or it was contemplated by you and us at the time we entered into this contract.

12.2 If we are installing the Goods and/or providing Services in your property, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us. Where we are unable to load very large carpets or other materials into tight spaces (for example loft rooms) without marking walls we will endeavour to advise you in advance (this will be detailed within our quotation)

12.3 We only supply the Goods and/or Services for domestic and private use. You agree not to use the Goods and/or Services for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4 We do not exclude or limit in any way our liability for: (a) Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (b) Fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); (d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and (e) Defective products under the Consumer Protection Act 1987.

12.5 We accept no responsibility or liability whatsoever for any damage caused to the furniture, fittings (or anything else) for any works required by us or our employees, subcontractors, servants or agents under 10.5 of these Terms.

12.6 We accept no responsibility or liability whatsoever for loss or damage caused to pipes, wiring, conduits, underfloor heating, drains or other such instalments by Us or Our employees, subcontractors, servants or agents and it shall be your responsibility to draw Our attention (and that of our employees, subcontractors, servants and agents) to the existence of, location and course of any such instalments. If the Goods are defective we accept no responsibility or liability for third-party costs and our obligations are limited to the replacement of the Goods without cost.

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event outside Our Control.

13.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

13.3 If an Event outside Our Control takes place that affects the performance of our obligations under these Terms: (a) We will contact you as soon as reasonably possible to notify you; and (b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside Our Control. Where the Event outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event outside Our Control is over. Where the Event outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event outside Our Control is over.

13.4 You may cancel the contract if an Event outside Our Control takes place and you no longer wish us to provide the Goods and/or Services. Please see your cancellation rights under clause 14. We will only cancel the contract if the Event outside Our Control continues for longer than 6 weeks in accordance with our cancellation rights in clause 14.

14.1 Before we begin to provide the Services or the Goods are delivered, you have the following rights to cancel an Order for Goods (other than made-to-measure, cut to size or special order / non stocked Goods) and/or Services, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage: (a) You may cancel any Order for Goods and/or Services at any time before we dispatch the Goods or the start date for the Services. We will confirm your cancellation in writing to you. (b) If you cancel an Order under clause

14.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, we will refund these amounts to you. (c) However, if you cancel an Order for Services under clause 14.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an Order because of our failure to comply with these Terms (except where we have been affected by an Event outside Our Control), you do not have to make any payment to us. (d) Unfortunately, if you cancel an Order for Goods under clause 14.1(a) and we have already dispatched your Goods to you, we will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to us. This will not affect your refund for the Goods, but any charge for collection will be deducted from the refund that is due to you. (e) We reserve the right to levy any reasonable additional cancellation or restocking charges we think fit (these are often enforced by our manufacturers or suppliers).

14.2 In the event that we provide made to measure Goods to you, your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described will apply.

14.3 Once we have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing us with at least 30 calendar days' notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you.

14.4 Once we have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving us written notice if: (a) We break this contract in any material way and we do not correct or fix the situation within 14 days of you asking us to in writing; (b) We go into liquidation or a receiver or an administrator is appointed over our assets; (c) We change these Terms under clause 3.1 to your material disadvantage; (d) We are affected by an Event outside Our Control.

15.1 If we have to cancel an Order for Goods (including made-to-measure Goods) and/or Services before the Services start or the Goods are delivered: (a) We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which we cannot provide the Services. We will promptly contact you if this happens. (b) If we have to cancel an Order under clause 15.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, we will refund these amounts to you. (c) Where we have already started work on your Order for Services or any made-to-measure Goods by the time we have to cancel under clause 15.1(a), we will not charge you anything and you will not have to make any payment to us.

15.2 Once we have begun to provide the Services to you, we may cancel the contract for the Services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.

15.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if: (a) You do not pay us when you are supposed to as set out in clause 11.7. This does not affect our right to charge you interest under clause 11.8; or (b) You break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.

16.1 Tailored Flooring is registered in England and Wales Company No 14730136. Registered Office: 80 Alma Road, Clifton, Bristol BS8 2DJ Showroom Address: 80 Alma Rd, Clifton, Bristol BS8 2DJ

16.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our showroom at 0117 973 3393 or by emailing us at sales@tailoredflooring.co.uk

16.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by email: sales@tailoredflooring.co.uk , by hand or by post to: Tailored Flooring, 80 Alma Road, Clifton, Bristol BS8 2DJ We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by email, by hand or post to the address you provide to us in the Order.

17.1 We will use the personal information you provide to us to: (a) Provide the Goods and/or Services; (b) Process your payment for such Goods and/or Services; and (c) Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.

17.2 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.

17.3 We will not give your personal data to any other third party.

18.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.

18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 6.1 if you transfer it to them, but we and you will not need their consent to cancel or make any changes to these Terms.

18.4 Any variation of these Terms is inapplicable unless accepted in writing by us.

18.5 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.

18.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.7 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.

19.1 Wooden Floors: Please bear in mind when purchasing a genuine wooden floor of any type that samples and images are indicative only. Whilst being beautiful and individual, the natural structures, colours and grain variations of genuine wooden floors can and will vary greatly. This will also apply to accessories. Floors of a more rustic nature with character will include filled knots and possibly other natural features. Floors with fewer features, a straighter grain and fewer knots can be sourced at a greater cost. If you have any doubts please feel free to discuss your requirements further before placing your orders. We would recommend that wooden floors are acclimatised for the required period prior to installation.

19.2 Underfloor Heating: If you have underfloor heating please let us know in advance. Generally underfloor heating should be operational and ran for a period of at least 2 weeks prior to installation of coverings. The floor should also be checked at this stage by you or a competent person for residual construction moisture, the heating should be turned off for the duration of the installation and then turned on following installation, taking care to start at a moderate temperature gradually increasing in small increments up to an operating temperature. This is general guidance only and specific manufacturer’s recommendations should be checked by you and strictly adhered to.

19.3 Sub Floor Assessment: Where existing floor coverings such as carpets and underlays are in situ at the time of our survey or visit, or if our view is obscured by furniture or other items, we are often not able to accurately assess the condition of the sub-floor. If this is the case we will detail our concern within your quotation. We are happy to return at a later stage once floorcoverings are removed to inspect the floor; where this is not possible any additional works required will be quoted pending client approval. This may delay installation.

19.4 Carpets: Samples supplied are intended to give a general impression of colour and pattern. Some carpets can have a linear effect; this is as a result of the manufacturing process and is normal. Some features can often not be evident from smaller samples and this should be considered. Colours and shades will vary from batch to batch, and carpets from different widths will not shade match. Sizes quoted are to a tolerance of plus or minus 1.25% as BS3655. Pile Shading or Banding across the roll width can become apparent when carpets are rolled or stored, this effect will reduce over time with normal use and vacuuming. Please feel free to discuss any concerns with us prior to placing your order.

19.5 Door Trimming: Often it is not evident that a door will require adjustment until the new coverings are installed; this service is not included unless detailed within your quotation. We will quote for any additional works on the day of installation pending your written approval.

19.6 If your contract is supply and fit at the time the order is placed, and you choose to use your own fitters at a later date, then we reserve the right to re-quote. For any more information, please email us on: darren@tailoredflooring.co.uk