Terms & Conditions.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) "Event Outside Our Control:" is defined in clause 12.2;
(b) "Home Improvement Products: "what We are selling to you as set out in the Order;
(c) "Order: "your order for the Home Improvement Products as set out on the Order Form”
(d) "Terms: "the terms and conditions set out in this document and the Order Form; and
(e) "ukwarmfloor/We/Us/Our:" Spiritoftheplace Limited T/A UK Warm Floor (registered in England and Wales with company number 08294174)
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2.1 These are the terms and conditions on which We supply Home Improvement Products, 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 the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign and submit the Order to ukwarmfloor, this does not mean We have accepted your order for Home Improvement Products. Our acceptance of the Order will take place in the way it says in clause 2.4. If We are unable to supply you with the Home Improvement Products, We will inform you of this in writing and We will not process the Order.
2.4 These Terms will become binding on you and ukwarmfloor when We contact you that We are able to provide you with the Home Improvement Products. We will also put this in writing to you, at which point a contract will come into existence between you and ukwarmfloor.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number when contacting Us.
2.7 The ukwarmfloor website, catalogue and brochure are solely for the promotion of ukwarmfloor Home Improvement Products in the UK. Unfortunately, We do not accept orders from or deliver to addresses outside the UK.
2.8 The images of the Home Improvement Products on the ukwarmfloor website or in any catalogue or brochure are only for illustration. The colours of any Home Improvement Products supplied to you may vary slightly from those images.
(a) changes in how We accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) issues relating to but not limited to any third party suppliers or sub-contracts that We may utilise in order to carry out the supply of the Home Improvement Products to you;
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 13.
3.3 You can make a change to the Order at any time before We start the installation of the Home Improvement Products provided that you agree to pay the cost of any materials that We have already bought and that cannot be utilised for the Home Improvement Products. Where this means a change in the total price of the Home Improvement Products, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 13 in these circumstances.
3.4 If you wish to cancel an Order before it has been started or before We have finished it, please see your right to do so in clause 13.
4. Made-to-measure/custom Home Improvement Products
4.1 In some cases We may make or commission to be made, the Home Improvement Products according to the measurements you provide Us or that We have taken when visiting your home.
4.2 Please make sure your measurements are correct and accurate. Unfortunately, We cannot accept the return of made-to-measure or Custom Home Improvement Products if the reason for the return is because you provided Us with the wrong measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure/Custom Home Improvement Products that are faulty or not as described. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
5. Delivery and Installation of the Home Improvement Products
5.1 Please note that timescales for delivery, delivery charges and installation start date will depend on the availability of the Home Improvement Products, the availability of any third-party sub-contractors and your address. Unfortunately We do not accept orders from or deliver to addresses outside the UK.
5.2 We will contact you with an estimated delivery and where different to the delivery date, the start date for installing the Home Improvement Products. Occasionally delivery to you may be affected by an Event Outside Our Control. See clause 12 for ukwarmfloor’s responsibilities when this happens.
5.3 Completion of an Order shall be when installation of the Home Improvement Products has been completed and where We have received any relevant statutory or regulatory certificate (“Completion”). This includes but is not limited safety certificates/ building control/building regulations.
5.4 If no one is available at your address to allow Us to being the installation of the Home Improvement Products then We will leave you a note that the Home Improvement Products have been returned to ukwarmfloor premises, in which case, please contact Us to rearrange an installation date. Where this occurs, ukwarmfloor cannot guarantee a return to your address within the next 14 days.
5.5 If We can’t deliver the whole of the Home Improvement Products at one time due to operational reasons or shortage of stock, We will deliver in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Home Improvement Products 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.
5.6 You own the Home Improvement Products once ukwarmfloor have received payment in full.
5.7 We will begin installation of the Home Improvement Products on the date agreed by Us in writing until the estimated completion date set out in the Order.
5.8 We will make every effort to complete installation of the Home Improvement Products on time. However, there may be delays due to an Event Outside Our Control. See clause 12 for ukwarmfloor’s responsibilities when an Event Outside Our Control happens.
5.9 There may be occasions where We will need certain information from you that we need to provide the Home Improvement Products. We will contact you in writing about this. If you do not, provide Us with this information, or you provide Us with incomplete or incorrect information, We can make an charge you an extra reasonable sum to cover any extra work that is required, or We can suspend the installation of the Home Improvement Products by giving you written notice. Where you have not provided this information after We have asked you for it then We are not responsible for any delay. If We suspend the installation of the Home Improvement Products under this clause 5.9, you do not have to pay for the installation of the Home Improvement Products while they are suspended, but this does not affect your obligation to pay for any invoices that have already been sent to you.
(a) Technical problems; or
(b) If you ask Us to make improvements that We have then agreed to in writing, to the installation of the Home Improvement Products.
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 installation of the Home Improvement Products while they are suspended under this clause 5.10 but this does not affect your obligation to pay for any invoices that have already been sent to you.
5.11 If you do not pay Us for the installation of the Home Improvement Products when you are supposed to as set out in clause 10.4, We can suspend the installation of the Home Improvement Products with immediate effect until you have paid the outstanding amounts (except where you dispute an invoice under clause 10.6). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 10.5.
As a consumer, you have legal rights in relation to any of the Home Improvement Products 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.
7. If there is a problem with the Installation of the Home Improvement Products
(a) please contact and inform ukwarmfloor as soon as reasonably possible;
(b) you must give ukwarmfloor a reasonable opportunity to repair or fix any defect; and
(c) We will use every effort to repair or fix the defect within 24 hours where the defect might affect vulnerable people living in your property (such as children or elderly or disabled persons) and within 7 days in all other circumstances.
You will not have to pay for ukwarmfloor to repair or fix a defect with the Home Improvement Products under this clause 7..
7.2 As a consumer, you have legal rights in relation to the installation of the Home Improvement Products not carried out with reasonable skill and care, or if the materials used 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.
8. Third-party manufacturer's guarantee of Home Improvement Products
8.2 This guarantee is in addition to your legal rights in relation to the Home Improvement Products 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. Seller's guarantee of Home Improvement Products
9.1 We guarantee that on delivery and for a period of 12 months from delivery, the Home Improvement Products shall be free from material defects. However, this guarantee does not apply in the examples described in clause 9.2.
(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 operate or use the Home Improvement Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of ukwarmfloor authorised repairers; and
(e) any specification provided by you.
9.3 This guarantee is in addition to your legal rights in relation to the Home Improvement Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 The price of the Home Improvement products will be set out in the Order when We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that ukwarmfloor have confirmed with you.
10.2 Our prices are subject to 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 Home Improvement products in full before the change in the rate of VAT takes effect.
10.3 We reserve the right to charge extra for delivery where necessary;
10.4 When We confirm the Order We will ask you to make an advance payment of 50% of the total Order price. Your rights to a refund on cancellation are set out in clause 13. We will invoice you for the balance of the Home Improvement products on Completion. You must pay each invoice in cleared monies within 3 calendar days at the date of invoice by cheque or BACS payment.
10.5 If you do not make any payment due to ukwarmfloor by the due date for payment, We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England 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 ukwarmfloor interest and all of our reasonable legal fees together with any overdue amount.
10.6 However, if you dispute an invoice in good faith and contact ukwarmfloor promptly after you have received an invoice that you dispute it, clause 10.5 will not apply for the period of the dispute.
11.1 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 they were an obvious consequence of our breach or if they were contemplated by you and ukwarmfloor at the time we entered into this contract.
11.2 We agree that if We cause any damage to your property, whilst installing the Home Improvement Products We will make good any damage to your property. 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 the Home Improvement Products.
11.3 We only supply and install the Home Improvement Products for domestic and private use. You agree not to use the Home Improvement Products for any commercial, business or re-sale purpose, and ukwarmfloor have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 ukwarmfloor do not exclude or limit in any way its liability for:
(a) death or personal injury caused by ukwarmfloor’s negligence or the negligence of its 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.
12.1 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.
12.2 An Event Outside Our Control means any act or event beyond ukwarmfloor’s 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.
12.3 If an Event Outside Our Control takes place that affects the performance of ukwarmfloor’s 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 the start date for the installation of Home Improvement Products, We will arrange a new start date with you after the Event Outside Our Control is over.
12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish ukwarmfloor to provide the Home Improvement Products. Please see your cancellation rights under clause 13. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 weeks in accordance with ukwarmfloor’s cancellation rights in clause 13.
13.1 Before the start date, you have the following rights to cancel the Order for Home Improvement Products, including where you choose to cancel because ukwarmfloor are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
(b) If you cancel an Order under clause 13.1(a) and you have made any payment in advance for Home Improvement Products that have not been provided to you, We will refund these amounts to you.
(c) However, if you cancel an Order for Home Improvement Products under clause 13.1(a) and We have already started work on your Order by that time, you will pay Us any costs reasonably incurred in starting to fulfil the Order, and We will deduct this 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 the reason is an Event Outside Our Control), you do not have to make any payment to ukwarmfloor.
13.2 Unfortunately, where the Home Improvement Products are made-to-measure and are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure Home Improvement Products that are faulty or not as described).
14.1 If ukwarmfloor have to cancel an Order for Home Improvement Products before the installation has begun:
(a) We may have to cancel an Order before the start date for the Home Improvement Products, due to an Event Outside Our Control or stock is not available. We will contact you as soon as possible if this happens.
(b) If We have to cancel an Order under clause 14.1(a) and you have made any payment in advance for Home Improvement Products that have not been delivered to you or that have not been installed, We will refund these amounts to you.
(c) Where We have already started work on your Order by the time We have to cancel under clause 14.1(a), We will not charge you anything and you will not have to make any payment to ukwarmfloor.
14.2 ukwarmfloor may cancel the Order 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 10.4. This does not affect Our right to charge you interest under clause 10.5; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 5 days of ukwarmfloor asking you to in writing.
15.1 We are a company registered in England and Wales. Our company registration number is 08294174 and Our registered office is at Eastfold, Dringhoe, Driffield, YO25 8AH. Our registered VAT number is 141 4464 35
15.2 If you have any questions or if you have any complaints, please contact ukwarmfloor. You can contact Us by telephoning Our customer service team at 01262 468600 or by e-mailing Us at firstname.lastname@example.org
15.3 If you wish to contact ukwarmfloor in writing, or if any clause in these Terms requires you to give ukwarmfloor notice in writing (for example, to cancel the contract), you can send this to ukwarmfloor by e-mail, by hand, or by pre-paid post to Spiritioftheplace Limited at Eastfold, Dringhoe, Driffield, YO25 8AH or email@example.com. ukwarmfloor will confirm receipt of this by contacting you in writing. If ukwarmfloor have to contact you or give you notice in writing, ukwarmfloor will do so by e-mail, by hand, or by pre-paid post to the address you provide to ukwarmfloor in the Order.
16.1 We will use the personal information you provide to ukwarmfloor to:
(a) provide the Home Improvement Products to you;
(b) process your payment for such Home Improvement Products; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
16.2 You agree that where payment for the Order is made by credit, ukwarmfloor may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
16.3 ukwarmfloor will not give your personal data to any other third party.
17.1 ukwarmfloor 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 ukwarmfloor obligations under these Terms.
17.2 This contract is between you and ukwarmfloor. 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 8.1 if you transfer it to them, but ukwarmfloor and you will not need their consent to cancel or make any changes to these Terms.
17.3 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.
17.4 If We fail to insist that you perform any of your obligations under these Terms, or if Wedo 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, ukwarmfloor will only do so in writing, and that will not mean that We will automatically waive any later default by you.
17.5 These Terms are governed by English law. You and ukwarmfloor both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers [[INSERT ANY OTHER PAYMENT TYPES ACCEPTED]]), email address, and phone number. We refer to this information as “Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
INCLUDE OPT-OUT LINKS FROM WHICHEVER SERVICES BEING USED.
COMMON LINKS INCLUDE:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by mail using the details provided below:
Eastfold, Dringhoe, DRIFFIELD, YO258AH, United Kingdom