Definitions

Business Day:  a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

Conditions:  the terms and conditions set out in this document.

Contract:  the sale agreement between the Supplier (Carpets Weekly) and the Customer (you) for the sale and purchase of the Goods in accordance with these Conditions.

Customer:  the person who purchases the Goods from the Supplier.

Force Majeure Event:  an event or circumstance beyond a party’s reasonable control.

Goods:  the goods (or any part of them) set out in the Contract.

Supplier:  Carpets Weekly.

Interpretation

A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

Basis of contract

These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Goods

The Goods are described in the Contract.

If the Supplier is, for whatever reason, unable to supply the Goods then the Customer will accept a replacement of similar quality chosen at the Supplier’s discretion and the Customer will have no grounds for rescinding or terminating the Contract or reducing the Price.

The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.

Delivery

The Supplier shall deliver the Goods to the Customer’s address as set out in the Contract when the Goods are ready.

The Supplier will arrange for a fitter to attend the Customer’s address at the time of the delivery of the Goods. The Supplier will use its reasonable endeavours to ensure that the fitting and installation of the Goods is in accordance with usual and standard industry practices. 

The Customer will pay the fitting fee for the Goods to the fitter at the time the Goods are delivered to the Customer’s address. If the fitting fee is not paid then the Goods will not fitted and the Goods will not be left at the Customer’s address. Further the Supplier will not be obliged to rearrange the delivery of the Goods until the Customer has paid the Supplier an administration fee to cover the Supplier’s additional management time and costs.

Delivery is completed on the completion of the fitting and installation of the Goods at the Customer’s address.

Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

The Supplier will not have any liability to the Customer for any delay in the delivery of or fitting and installation of the Goods if that delay is caused directly or indirectly by anything over which the Supplier does not have actual control and any such delay will not give the Customer the grounds to terminate, vary or amend the Contract.

If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

If the Customer fails to take or accept delivery of the Goods within seven Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract delivery of the Goods shall be deemed to have been completed at 9.00 am on the seventh Business Day after the day on which the Supplier notified the Customer that the Goods were ready and the Supplier shall be entitled to store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

If ten Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken or accepted delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, recover from the Customer any shortfall below the price of the Goods.

Quality

The Supplier warrants that on delivery, the Goods shall conform in all material respects with their description and be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and be fit for any purpose held out by the Supplier.

The Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in this clause 6.

The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

Title and Risk

The risk in the Goods shall pass to the Customer on completion of delivery.

Title to the Goods shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds including all agreed payments if purchased on a payment scheme) for the Goods.

Until title to the Goods has passed to the Customer, the Customer shall maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

The Customer gives the Supplier the right to enter the Customer’s address for the purposes of removing the Goods if the Customer fails to pay the Price in accordance with the Contract.

Price and payment

The price of the Goods shall be the price set out in the Contract.

On the signing of the Contract the Customer will pay the Supplier the Deposit which will be non-refundable.

The price of the Goods is inclusive of VAT unless otherwise stated.

The Customer will pay the Price in accordance with the payment terms set out in the Contract. If the Customer fails to make any payment on the due date then the balance of the Price will become immediately due and payable.

If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above of Barclays Bank PLC’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.

The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).  

Termination

Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within seven days of that party being notified in writing to do so or the Customer is unable to pay its debts as and when they fall due or enters any formal insolvency procedure.

Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment at which time, if appropriate, the Supplier will be entitled to repossess and recover the Goods.

Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.

Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

Limitation of liability

Nothing in these Conditions shall limit or exclude the Supplier’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable), fraud or fraudulent misrepresentation or any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.

The Supplier shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.

The Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price or the amount paid by the Customer under the Contract (whichever is the lesser).

Force Majeure

Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event.  

General

The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.

This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.

No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, or email.

A notice or other communication shall be deemed to have been received if delivered personally, when left at the address referred to in clause 12, if sent by pre-paid first class post or other next working day delivery service, at 9 am on the second Business Day after position or if sent by email, one Business Day after transmission.

No one other than a party to this Contract and their permitted assignees shall have any right to enforce any of its terms.

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.