Terms and Conditions
Terms & Conditions
The information on these pages together with the documents referred to on it, clearly set out the “Terms & Conditions” upon which we supply any of the goods listed on our website www.flooringdirect2U.com to you. Please read these terms carefully, print and keep a copy of them for your reference before ordering any goods from our website. You should understand that by ordering any of our goods, you agree to be bound by these terms and conditions.
1. Eligibility to Purchase Products
1.1 All products on our website are available for sale to residents of mainland United Kingdom only. We do not accept orders from or deliver products to individuals outside this territory.
1.2 In order to satisfy our legal requirements and ensure that the delivery of the products can be made effectively and safely we need to be sure of certain pieces of information about you.
1.3 By placing an order through our website, you acknowledge and confirm that:
You are legally capable of entering into a binding contract:
- You are at least 18 years old
- You are resident in the United Kingdom
- You are accessing our website from the United Kingdom
2. Delivery/Dispatch Policy
While every effort will be made to ensure that all items advertised are in stock, we offer no guarantee of stock availability and therefore this electronic publication does not constitute an offer for sale. Goods delivered normally arrive between the hours of 9.00am and 5.00pm, Monday to Friday. You can select your preferred delivery day/date in the checkout process when you purchase products, however we use third party transport companies and whilst they will endeavour to deliver your goods on your chosen delivery date, we cannot guarantee this as it is impossible to legislate for unforeseen circumstances. If there is a likelihood of a delay in despatching your order or with your delivery, we will call you to discuss alternative arrangements convenient to you. The charge for delivery will be based on post code location and the products chosen. Having added products to your basket you will be able to calculate your shipping costs by entering your post code and updating your basket prior to proceeding to the checkout to complete your purchase.
If you receive the following message after entering your post code and updating your basket: ‘No shipping options were found for Post Code Region’ then you will need to contact us for a shipping cost for your post code destination for your chosen goods as additional delivery charges may apply to certain post code destinations in respect of some of the products advertised on the website. The following post codes may incur a surcharge:
AB, DD, IV, KW, PH.
In such an instance please either call us on 0191 2412581 or email us with your order details and we will provide you with a shipping cost.
We use third party delivery companies and as such deliveries are made to the kerbside only to the nearest access point to the delivery address for the delivery vehicle. The driver may require help unloading the products. Deliveries can be made by a large lorry or van so it is assumed that the delivery address will be accessible by lorry. If there is likely to be a problem, for example the road is subject to a vehicle height, weight or width restriction, please inform us at the time of placing your order by supplying such information in the ‘Order notes section’ within the checkout process so that we can discuss alternative suitable delivery options prior to dispatch. If a delivery is attempted and is unable to be delivered due to height, weight or width restrictions and you have not informed us, you will be charged for re-delivery.
If the transport company arrives at your address and is unable to deliver on the delivery date because you are not home, refuse to sign, refuse delivery or there is inadequate help available, you will be liable for the re-delivery charge. In order for a successful delivery, you must be at your delivery address to sign for your goods. In the event that you are not available to provide a signature on the delivery date, then you will be charged for a re-delivery. Deliveries cannot be left outside, in a porch, garage or any other location.
We have teamed up with reliable transport companies to ensure delivery service levels are maintained. However very occasionally damage may occur during the transportation of goods which we apologise for in advance. It is therefore vitally important to check (examine the pallet and count each item to make sure everything ordered as per your Invoice email has been received) and sign for your order on arrival. If you are unfortunate to receive damaged goods or there are items missing then please make sure it is noted on the transport companies paperwork. Claims for damaged or missing items will not be accepted after the driver has left the delivery address, unless signed for as damaged or missing on the delivery company paperwork. In the unlikely event that some of your goods are damaged and you have followed the aforementioned procedure then we will collect and replace the damaged product. Likewise in the unlikely event any of your goods are missing we will arrange delivery of the missing items. Any claims must be made within 7 days of receipt of goods. We therefore strongly suggest you contact us as soon as possible to make us aware of any problem. We cannot be held responsible for any consequential losses after delivery has been signed for and no liability can be accepted for costs caused by late deliveries or for any other reason. We therefore advise against booking installers until the goods have been received and inspected.
It is entirely within Flooringdirect2u.com’s discretion whether to accept an order where the goods are to be delivered to a different address to that of the billing address and on what payment basis.
Should Flooringdirect2u.com accept to deliver an order to an alternative address to the billing address, meaning the address to where the payment card is registered, payment must be made by Visa, MasterCard or Maestro and in addition, we may require proof of ID before any contract can be agreed. Acceptable forms of proof of ID may include the following:
Valid Driving Licence, Gas Bill, Electric Bill, Water Bill, Landline Telephone Bill, Council Tax Statement or Bank Statement.
This list is not exhaustive but all documents must be less than 3 months old or valid in the case of a Driving Licence. The cardholder in person may also be required by the transport company to produce the same original form of ID when signing for the delivery.
We can supply you with our bank details and a manual Invoice so that you can make payment via bank transfer negating the potential need for ID.
3. Prior To Installation
Once goods have been received by you they are deemed to be your responsibility. It is imperative that all goods are stored correctly and acclimatised where necessary prior to installation. Any loss or damage to the goods caused after delivery will be your responsibility. We strongly recommend you read and follow the manufacturers installation instructions which come with the products as soon as you receive your goods. Once the installation has started no claims for incorrect goods will be accepted and no claims for faulty or damaged boards can be accepted after the installation.
4. Prices and Tax
4.1 All prices quoted are in UK Pounds Sterling inclusive of VAT at the prevailing rate and goods are sold under English Law.
4.2 The price of any products will be as quoted on our site from time to time and included on your Order Confirmation except in cases of obvious error.
4.3 Prices are liable to change at any time, but changes will not affect orders where we have already sent you an Invoice.
4.4 Our website contains a large range of products and it is always possible that, despite our best efforts, some of the goods listed on our website may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures so that, where a product’s correct price is less than our stated price we will charge the lower amount when dispatching the goods to you. If a product’s correct price is higher than the price stated on our website, we will normally contact you with details of the correct price to see if you wish to continue with the order before dispatching the goods or at our discretion, reject your order and notify you of such rejection.
5.1 We accept payment by credit card, debit card or bank transfer. Where payment is made by way of credit or debit card, we will take payment from the relevant account at the point of Invoice stage, having checked your goods are in stock, ready for collection and dispatch. We will not dispatch your order until we have received payment in full. Please ensure that the account you use for payments is able to complete the transaction as we are unable to accept liability for any banking or interest charges incurred as a result of a payment being deducted. We reserve the right to pass on any charges incurred by ourselves for any payments rejected by your bank or card supplier. If payment is being made via bank transfer, we will provide a manual Invoice along with our bank account details to enable you to facilitate the transfer.
5.2 If we are delivering to an alternative address to the billing address, meaning the address to where the payment card is registered, please note we will only accept alternative delivery address orders where payment is being made by Visa, MasterCard or Maestro and in addition, we require proof of ID before any contract can be agreed (please see our Delivery/Dispatch Policy section of the Terms and Conditions for full details) unless payment is being made via bank transfer in which case a manual Invoice will be provided along with our bank account details to enable you to facilitate the transfer.
6. Products & Special/Made to Order Items
6.1 We make every effort to offer only products that are available and in stock. If a product is not available or has been discontinued, we will notify you on receipt of your order, after the order acknowledgement stage. No payment will have been taken from your debit or credit card at this stage as payment is only taken at the point of Invoice, having checked your goods are in stock, ready for collection and dispatch.
6.2 All Accessories and Part Orders are non-returnable, this does not affect your rights when we are at fault for example, if goods are damaged or faulty.
6.3 Our website contains a large range of products and we have to class certain products as Special/Made to Order Items. All products on our website will clearly show in the product description section if the product is a Special/Made to Order item. Special/Made to Order Items are so called for a number of reasons, but the main reason being that they are not a stock item and have to be either Made to Order or we have to specially order the product in from our suppliers on your behalf. All Special/Made to Order Items are non-returnable, this does not affect your rights when we are at fault for example, if goods are damaged or faulty.
7. Making a Contract with Us
7.1 When you place an order with us, you are making an offer to buy goods. All orders are subject to acceptance by us and once we have checked the price and availability of the goods, we will confirm such acceptance to you by sending you an e-mail that confirms the products you have requested and the price of the goods (the Invoice). The contract between us will only be formed when we send you the Invoice. We will not take payment from you until we have accepted your order. If you do not receive the Invoice or any other form of alternative correspondence from us within 5 days of placing your order, please contact us to ensure your order has been received.
7.2 The Contract will relate only to those products whose dispatch we have confirmed in the Invoice. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Invoice.
8. Cancellations and Returns
8.1 We hope that you will be satisfied with your purchase, however if you live in the United Kingdom you have a legal right to cancel your order up to 14 days after you have received the goods in accordance with the Consumer Contracts Regulations.
8.2 This policy does not apply to the following goods, which are exempt from the right to cancel: All Special/Made to Order Items, Accessories and Part Orders. This does not affect your statutory rights relating to damaged or faulty goods.
8.3 If your goods have yet to be dispatched we will refund you the full invoice amount within 7 working days.
8.4 If your goods have been dispatched but not delivered, we will refund in full within 14 days, less any direct expenses, for example transport costs involved in returning the goods to us.
8.5 If you have taken delivery of your goods you must return the goods to us at your own expense following our returns procedure. You must notify us of the cancellation in writing via email at: enquiries@flooringdirect2U.com marked returns, clearly stating your original order number. If you are cancelling under your right to cancel set out in paragraph 8.1, we will also refund any applicable standard delivery charges for delivering your goods in the first place. We will refund the order within 14 working days once we have received the goods in a sound condition. If delivery is refused and cancelled, all return delivery costs will be deducted from the refund.
8.6 If you wish to return any goods you must ensure that they are packaged adequately to protect against damage. If you have opened any boxes to examine the product, you are under a legal duty not to use the products and to take care of them. We recommend that you take care with the packaging and try not to damage it as it is specially designed for the product. If you fail to take reasonable care of the goods before they are returned to us and this results in damage or deterioration, we will charge accordingly and deduct from any refund. The goods need to be returned in a sound condition fit for re-sale. You are responsible for the risk of loss or damage when you return goods, so it is recommended that you make sure the goods are adequately insured to cover their value against loss or damage whilst in transit.
8.7 All returns must be accompanied by a valid returns authorisation number which will be provided by our office following receipt of your cancellation/return instructions email and must be shown on your haulier/courier paper work when returning the goods. You will also need to complete a customer returns form which will be automatically provided by us following receipt of your cancellation/return instructions email. You will need to return the goods back to us securely packaged, in the condition they were received, at your own expense via your chosen haulier/courier within 14 days of informing us of your cancellation to the following address:
Osborne Motor Transport Ltd
Tyne & Wear
8.8 If you do not return the goods within 14 days of your cancellation instructions, you will be deemed to have accepted the goods and your cancellation/return rights under the Consumer Contracts Regulations will have expired. This does not affect your statutory rights relating to damaged or faulty goods.
8.9 When you return goods to us in a condition which indicates that they have been used or attempted to be installed after you have had a reasonable chance to inspect them, we will consider you to be in breach of your legal duty to take reasonable care of the goods and reserve the right to recover appropriate costs from you.
8.10 Refunds will be made to the payment card that was initially used to make the purchase and within 14 days of Flooringdirect2u.com receiving the goods.
9. Damaged / Shortages or Faulty Goods
9.1 Damaged in Transit / Shortages:
We make every effort to ensure your goods are delivered in perfect condition and hope that you will be fully satisfied with your products. All goods are inspected thoroughly before dispatch and are deemed to be in a saleable condition upon dispatch. Please inspect your goods immediately they arrive and before the delivery driver leaves your address as no claims for damaged or missing items can be made after the delivery driver has left the delivery address unless signed for as damaged or missing on the delivery company paperwork. If you have any concerns about the goods being damaged, you must sign for the goods as Damaged on receipt. Any damage must be reported as soon as the customer notices it and no later than 30 days after signing for the goods. If someone else is signing for the goods on your behalf, then they must be made aware of the above condition of order. This does not affect your statutory rights and in the event of the goods being deemed faulty, they will be repaired or replaced. In the event of there being a shortfall upon receipt and you have followed the above procedure, we will arrange for the missing items to be delivered at the earliest possible opportunity and apologise in advance for any inconvenience caused.
Goods refused on delivery that are found to be undamaged on return to us will incur the return delivery charge where applicable. In the unlikely event some of your goods are damaged upon receipt, we will arrange to collect and replace the damaged product. Any claims must be made within 30 days of receipt of goods, having followed the above procedure. Damaged goods must be reported to us immediately in writing via email to: enquiries@flooringdirect2U.com marked damaged goods, clearly stating your original order number, explaining your concerns, along with any supporting documentation such as photographic evidence to substantiate the damage. We will confirm a collection date by email and arrange collection of the item(s). On receipt of the returned item(s) and verification of your concerns, we will dispatch a replacement product or issue an appropriate refund. If however following inspection of the goods, your concerns are deemed to be unfounded, you will be liable for the costs incurred for collecting and returning the goods. If however damage can be clearly ascertained from the supporting documentation / evidence to substantiate the damage provided by the customer then we will arrange for replacement goods to be delivered as soon as possible and collection of the damaged goods.
9.2 Damaged / Faulty Goods:
We are responsible for ensuring that the products we supply are of satisfactory quality and fit for purpose for which they are sold. A product is intended to be used strictly in accordance with the manufacturers latest published instructions as set out on the manufacturers site or as set out in the user instructions sent to you with the product. It is the user’s responsibility to ensure that he or she uses the product strictly in accordance with the instructions.
We hope your flooring is without fault, however on very rare occasions this may not be the case and we apologise in advance for any inconvenience that may be caused. To avoid unnecessary delays and inconvenience to you it is important to check each board before installation and make sure you have the right product and it is without fault or damage. Please contact us as soon as a fault is noticed and we will deal with the matter in accordance with you legal rights as soon as possible.
Summary of your legal rights:
We are under a legal duty to supply products that are in conformity with our Contract with you. See the text below for a summary of your key legal rights in relation to a product.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product (except in line with clause 8.2 regarding Special / Made to Order products, Accessories & Part Orders) your legal rights entitle you to the following:
- Up to 14 days: if you purchase goods through a distance-sale, you will be entitled to a 14-day cooling off period under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You will however be responsible for the costs involved in returning any unwanted goods to us.
- Up to 30 days: if your goods are faulty, then you can get an immediate refund. The burden is on us to disprove a product fault existed at the time of purchase or is an inherent fault.
- Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. The burden is on us to disprove a product fault existed at the time of purchase or is an inherent fault.
- Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back. The burden is on you to prove the fault exists.
How to report a problem with the product:
You can contact us by telephoning 0191 2412581, inform us via email at: firstname.lastname@example.org or write to our registered office address: Flooringdirect2u.com 13 Windsor Terrace, Jesmond, Newcastle upon Tyne NE2 4HE.
Assistance to remedy faulty products:
In order to provide you with any remedies for a faulty product, we may need your assistance and prompt provision of certain information regarding the product such as:
A written explanation as to why it is alleged that the product is damaged or defective and photographic evidence to substantiate the alleged damage or fault. We will also require your original order number and any other information we may reasonably require.
If you tell us that a product is faulty or defective, you agree to keep the product in its current condition available for us (or our agent) to inspect within a reasonable time. Please keep all packaging for inspection.
If, after installation, the product develops a fault or we are unable to establish the cause of a fault from your written explanation and photographic evidence you will be required to complete a customer claim form to enable us to act without delay and arrange an onsite inspection by an Independent Wood Floor Assessor at our expense to ascertain the cause of the fault.
The costs incurred by us in appointing an Independent Wood Flooring Assessor to carry out an onsite inspection and provide a report will be detailed on the customer claim form we send you so you are aware in advance of any potential liability in the event following independent inspection it is deemed that we won’t offer to replace, repair or provide a refund due to one of the circumstances referred to in section 9.3 below.
You are entitled to inspect the goods and we recommend that you do so thoroughly, however you cannot return goods as damaged or faulty following installation unless the damage or fault was not ascertainable until after installation. Where we agree that an exchange of goods is appropriate, we will pay the costs for delivering the exchange goods to you and the associated costs for returning the damaged / faulty goods.
9.3 When we won’t replace, repair or refund:
If you would like us to replace, repair or provide a refund for the product where it did conform to the Contract under which it was ordered and delivered and following independent inspection we find that the product has:
- been misused, abused or subjected to neglect, improper or inadequate care, carelessness or abnormal conditions or
- been involved in any accident or damage caused by an incorrect attempt at repair or modification or
- been incorrectly installed or
- been used contrary to the manufacturer’s instructions for the product or
- deteriorated through normal wear and tear after delivery by us, we will not replace, repair or refund you for the product and we will require you to pay all reasonable costs we may incur such as but not limited to independent inspection report costs and to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or other expenses as a result.
10. Product Guarantee
We are responsible for ensuring that the products we supply are of satisfactory quality and fit for purpose for which they are sold. Certain products have warranties or guarantees provided by the manufacturer which can be seen on the manufacturers website or we can provide upon request. Correct use of the products and circumstances of their use are the basis of any warranty/guarantee so it is imperative you read the manufacturers installation, maintenance and warranty/guarantee conditions as soon as you receive your goods and prior to installation. Where warranties or guarantees are covered by the manufacturer, they will be dealt with by them and we accept no responsibility for those warranties or guarantees. Flooringdirect2u.com do not provide any product warranty or guarantees.
The colour of goods may vary slightly from that shown on our website due to limitations of browser software and monitors. The images shown only give an impression of the real colours and nuances of the product and are not identical to the real colour. The images displayed do not give an overview of all the different nuances in the product. We therefore recommend you view the product in person at a local shop where possible.
13. Title and Risk
Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods including delivery charges.
You are responsible for the care of the goods once they are signed for on delivery and you should store the goods securely and safely, acclimatise the goods prior to installation where necessary and insure the goods accordingly. We will not be responsible for any damage caused from incorrect storage.
In order to protect against fraud we are only able to deliver goods to a different address to the billing address if payment is made by Visa, Mastercard or Maestro and in addition, we require proof of ID before any contract can be agreed unless payment is made via bank transfer (please see the Delivery/Dispatch section of these Terms and Conditions for full details). We do check the address you give on your order before delivery.
15. Use of Website
15.1 You are permitted to use our website for your own purposes and to print and download material from this website providing you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
15.2 The copyright and other intellectual property rights in all material on this website are owned by us or our licensors and must not be reproduced without our prior consent.
15.3 No part of this website may be reproduced without our prior written consent.
15.4 You agree to indemnify us against any claims, losses, liabilities, damages and expenses (including legal fees), arising out of use of this website.
16. Site Uptime
16.1 We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. We will therefore not be held liable if this website is unavailable at any time.
16.2 This website may be temporarily unavailable due to issues such as system failure, maintenance, repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
17. Visitor Conduct
17.2 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents.
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom.
(c) Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
17.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 17.2.
18.1 We take all reasonable steps to ensure that the information on this website is correct. However, we do not guarantee the correctness or completeness of material on this website. We may make changes to the material on this website at any time and without notice. The material on this website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
18.2 The material at this website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this website.
19. Changes to these Terms and Conditions
19.1 These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms and conditions will apply to future orders.
19.2 We have the right to revise or amend these terms of sale from time to time to reflect changes in market conditions affecting our business such as changes in payment method, changes in technology, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
19.3 You will be subject to the Terms and Conditions of sale in force at the time that you order goods from us, unless any change to those terms and conditions is required to be made by law or if we notify you of the change to these terms and conditions before we send you the Order Invoice in which case we have the right to assume that you have accepted the change to the terms and conditions.
19.4 Previous versions of our Terms and Conditions can be viewed here…
20. Governing Jurisdiction
This contract / legal notice shall be governed by and construed in accordance with English law.
Any dispute(s) arising in connection with this contract / legal notice are subject to the exclusive jurisdiction of the English courts.
21. Consumer Rights
None of the above Terms and Conditions affect your statutory consumer rights. If you have any doubts about your statutory rights then we recommend you contact your local trading standards or Citizens Advice Bureau.
22. Our Details
Flooringdirect2U.com is the trading name of Marshall-Huang Ltd, which is a company incorporated in England and Wales, registered under company number 6648864 and whose registered office is at: 13 Windsor Terrace, Jesmond, Newcastle upon Tyne NE2 4HE.
Our VAT registration is: 941 5398 08
Our contact details are:
Tel: 0191 2412581