Terms and Conditions
Buckfast Carpets and Interiors Ltd
ONLINE TERMS AND CONDITIONS
Welcome to The Ottery Flooring Company Ltd online terms and conditions. Please read them carefully as they apply whenever an order is placed by you.
If you do not agree to be bound by these terms, then please do not place an order. You will be asked to agree these terms each time before placing an order. Nothing in these terms and conditions affects your statutory rights.
Who We Are
We are The Ottery Flooring Company Ltd (a company registered in England and Wales number 13254431). Our main office is Buckfast Carpets, Lower Mills Buckfast Road Buckfast Devon TQ11 0EA
If you would like to contact us or wish to make a complaint, please call our Customer Service Team on 01364 643031 during opening hours or email email@example.com Alternatively, if you prefer to write, then please send your letter to the above address. All notices and written communication should also be sent to this address.
Use of the Website
We aim to ensure the information we place on the website is not misleading. However, we make no warranty or representation, whether express or implied, in relation to the accuracy of such information or any transaction on the website including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will:
meet your requirements or will be uninterrupted, timely or error-free; or
defects on the website will be corrected; or
the site or the server that made it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
We reserve the right to change, withdraw or deny access to the website at any time and to remove any posting or information uploaded onto the website.
Compliance with Laws
By using this website, you agree to do so only for lawful reasons. You agree not to impersonate anyone and to comply with all applicable laws and regulations regarding transactions entered into on the website.
The steps required by you to enter into a contract with us are that you place your order for the products by clicking on the pay now button at the end of the checkout process once your product information, payment details and personal information have been submitted.
You will be guided through the ordering process by our website and its instructions. Please take time to ensure that your order details are correct.
Once you have submitted an order, we will send you an acknowledgement email detailing the products you have ordered. This email acts simply as confirmation that your order has been submitted and will be processed by us, not that the order is confirmed or accepted.
Please note all orders are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not in stock. If you have already paid for the product and it is not in stock, we will refund you the amount you have paid.
Your order will be accepted and confirmed by us via email. A further email will be sent to you when your ordered products have been dispatched. The contract between you and us will only be formed once you have received an email confirming dispatch of the order.
Non-acceptance of an order may arise from a number of reasons including (but not limited to):
Not being able to take payment from you;
A pricing or product description error on our behalf;
You not meeting any eligibility criteria;
Unavailability of stock;
If we reasonably consider that you intend to re-sell the products on a commercial basis; or
Attempting to purchase a large number of any type of product within a single order.
Please note we will not file a copy of the contract between us.
Pricing and Payment
The prices of the products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of products are correct at the time when the information was entered onto the system.
We will normally check prices as part of our dispatch procedures. If the products are incorrectly priced, then where the product’s correct price is less than the price stated on our site, we will charge the lower amount. However, please note that if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as mispricing, we do not have to provide the products to you at the incorrect (lower) price.
Where the product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error. We will give you the option of continuing to purchase the product at the correct price or cancelling the order.
We will not process the order until we have your instructions. If we are unable to contact you within seven (7) calendar days using the personal information you provided to us, we will treat the order as cancelled and notify you in writing.
The price of the product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
You can only pay for your products by using a debit card, credit card or paypal. The cards we accept are shown at the time of ordering. Payment for the products and all delivery charges is in advance.
Changing or Cancelling an Order
We’re sorry that whilst we will try we cannot guarantee to make changes or cancel an order once you’ve placed it. Please refer to the returns criteria to confirm whether the product you purchased is returnable.
Carpets are sold on a collection only basis. We are more than happy to arrange fitting on your behalf. Our fitting service includes collection and delivery of the carpet to your address.
If you collect your carpet please ensure you inspect it and let us know if there has been any damage. We cannot accept returns for damage once the product is collected.
If we deliver (rugs, sheepskins and other small items)
We charge a basic, not for profit, rate of delivery. We always attempt to find the cheapest price but do not compromise on service.
Delivery is normally by courier and will be with you in 3-4 days. We do offer an express service which is chargeable. Please contact us for details.
Returns for goods ordered online and delivered to you where products are not cut to order.
We are confident your product will be fault free and as described, however you can return goods to us for any reason up to 14 days after delivery. If the goods are faulty we will refund the cost of the return postage. If you would like to return the goods for any other reason we will not be liable for the return postage costs. Certain items are excluded from our returns policy. These include items of flooring that have been specifically cut to size (normally anything that isn’t a full 30.00 linear metre roll), custom made / personalised items and non-stock items where you have custom made / personalised the item to your specification.
Please contact us to arrange a return.
Once the returned goods are received by us we will check that they are in the original condition including any packaging or tags and issue a refund within 5 working days.
Returns of Goods that are bespoke or cut to order
Products that are made bespoke for clients, cut to size, or altered in anyway will not be able to be returned.
If you need to return an item to Buckfast carpets and Interiors Ltd please do so within 14 days following delivery of your goods. The return conditions detailed below must be met for a full refund. You will be responsible for the cost of insurance of the return postage, we recommend you send your returns via a traceable courier or postal service. The original delivery charge will not be reimbursed unless the goods are faulty or not as described.
All products must be returned in the original packaging, in the condition they were received, unused and with all tags attached. We will not accept worn, damaged, altered or used goods. We will not accept the return of any made-to-measure, bespoke, or customer-made products.
If we have to contact you or give you notice in writing, we will do so by email or by post to the address you provide to us when ordering the products.
Your Rights under the Distance Selling Regulations
Your statutory rights under The Consumer Protection (Distance Selling) Regulations 2000 are not affected.
Any refund made will be made on the credit card or debit card used at the time of ordering the products or by paypal. Refunds will usually be processed within five (5) working days of products being received back.
If the product is faulty or not as described, your legal rights are not affected by the above returns policy. Please say if you consider the products are faulty or not as described.
Unfortunately we’re unable to offer exchanges. Please return the item for a full refund and place a new order.
Your order will be fulfilled by the estimated delivery date set out on the website, unless there is an Event Outside Our Control (please see below). If we’re unable to meet the estimated delivery date, then we will inform you of a revised estimated delivery date. You will have the right to cancel your order and to be refunded if you are not happy with the revised estimate delivery date.
Delivery will be completed when we attempt to deliver the products to the address you gave to us.
The products will be your responsibility from the completion of delivery being attempted.
You will own the products when we have received payment in full for the products, including any delivery charges.
Delivery within UK
Please note that we deliver only within the United Kingdom. United Kingdom means England, Wales, Scotland, Northern Ireland, Guernsey, Jersey, Isles of Scilly and Isle of Man. Delivery will take longer where the items are delivered to more remote destinations. Unfortunately we are unable to guarantee a next day delivery service to remote areas of the UK including the Channel Islands where a next day service is not offered.
We are currently unable to offer international delivery, PO Box delivery, delivery to hotel addresses or British Forces Post Office delivery.
Events Outside Our Control
We will not be responsible for any failure to perform the contract or delay in its performance which result from any act or event beyond our reasonable control such as (but not limited to) natural disasters, floods, earthquakes, epidemic, IT failures or attacks, strikes, late deliveries by couriers or other delivery organisations, civil commotion, pandemic, terrorist attacks or threats of such terrorist attacks, impossibility or delays resulting from using railways, shipping, aircraft, motor transport or other means of transport (‘Event Outside Our Control’).
If an Event Outside Our Control takes place and affects the performance of our obligations under the contract between you and us, then we will contact you as soon as we are able, our obligations will be suspended and the time for performance of our obligations will be extended for the duration of such event. Where the event delays your delivery, we will arrange a new delivery date with you when the delaying event has passed.
Our Rights to Make Changes
We may need to make certain changes from time to time. These might be changes in how we take payments from you or changes arising from legal or regulatory requirements. Each time you place an order, the contract will be formed on the terms and conditions currently in place on the website at the time of order. We reserve the right to make changes to these terms and conditions from time to time. It is your responsibility to read the applicable terms and conditions each time you wish to place an order.
We may also need to make product changes to the products from time to time. You will be informed of any product changes at the time you place the order.
Vouchers, coupons, discounts and promotional codes offered by us are valid only for use as part of a purchase made via www.otteryflooring.co.uk unless otherwise stated. Such promotional offers are not valid for use as part of a purchase in The Ottery Flooring Company Ltd retail outlets.
The images of our products are for illustrative purposes only. We make every effort to ensure the images and colours are accurate but we cannot guarantee the images and colours on your computer will exactly replicate the product. The products may vary slightly from those images.
We warrant that for three (3) months after the date of delivery, the product will be free from material defects. If the product has a material defect (which is not due to one or more of the following reasons), then we will either repair or replace the product (at our own discretion).
The warranty does not apply in respect of:
fair wear and tear;
wilful damage, abnormal storage, accident or negligence by you or by any third party;
if you fail to use the products in accordance with its instructions;
any alteration or repair by you or by a third party
any specification provided by you; or
counterfeit goods purporting to be The Ottery Floorng Company Ltd products.
When you use our website, you may see we offer you recommendations, showing products we think you might like. These may be based on your past purchases, top sellers, ratings and recently-reviewed products. We consider your interests and recommend products we think you might like.
You acknowledge and agree that all the intellectual property on the website including (but not limited to) logos, trade marks, images of products is owned by us or our licencors. You agree not to (and ensure no other person shall) copy, reproduce, edit, transmit, publish, display, create derivative works or use in any manner such intellectual property.
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms or your use of the website.
Except to the extent required by applicable law, we shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this website.
We only supply products via our website for domestic and private use only. You agree not to use the product for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption or loss of business opportunity.
Nothing in these terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
Each of the paragraphs of these terms operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third Party Rights
The contract is between you and us. No other person shall have any rights to enforce any of its terms and the contract cannot be assigned or sub-contracted to anyone else.
No waiver by us shall be construed as a waiver of any other breach.
These terms govern our relationship with you. Any changes to these terms must be in writing and signed by both parties as we can then avoid any problems arising about what we and you are expected to do. You confirm that, in agreeing to accept these terms, you have not relied on any statement save those which are a term of this contract and you agree that you shall have no remedy in respect of any such statement. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
Data Protection and Privacy
You may be contacted by email in relation to future offers and for marketing purposes. You will have an opportunity to unsubscribe from these emails.
Third Party Sites
Please note that we are not responsible for any third party sites and you access these sites (whether through our links or otherwise) at your own risk.
Please note these terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
We believe strongly in protecting our customers' and web-site users' privacy. We will not wilfully disclose information about you to any third party without first receiving your consent.
All personal information such as your name, e-mail address, billing address, delivery address, telephone number, goods selections, credit card or other payment information and any password that you provide to us will be treated as private and confidential.
We use industry standard security to safeguard the confidentiality and storage of your personally identifiable information in accordance with current UK Data Protection legislation and guidelines.
We use your information only for the following purposes:
Processing your orders accurately and efficiently;
To hear your opinion about our goods and services;
If you consent, to notify you of new goods or special offers that we think you will find of interest;
To administer this website.
We cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing, or ordering, from this website, unless this is solely due to our negligence. You should ensure at all times that you run up-to-date security software on your computer.
Where applicable we may, by law, be forced to disclose certain information to the government, law enforcement agencies or other third parties. Therefore, although we take every effort to protect your privacy, you should not expect that your personally identifiable information or private communications to always remain private.
You will only receive promotional information from us if you consent, by ticking the appropriate box, during the registration process. You can unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, or by e-mailing us at firstname.lastname@example.org or by telephoning us on +44 (0)1364 643031. We will then make sure your personal information is deleted from our mailing list and databases within a reasonable time.
If you would like to check the details that we hold about you please do not hesitate to contact us. We will be happy to review and update, amend or delete your records as necessary. We can provide you with a readable copy of the personal information that we keep about you within 30 working days, although we will require proof of your identity and any such request for personal information must be received by us in writing. We are entitled to levy a reasonable charge, such charge not to exceed £10, in order to provide this information to you.
If we wish to use your personal data for new purposes, we will offer you the means to consent to these new purposes by either indicating your consent at the point on the website where the data is collected or by communicating with you by email.
We never pass, disclose or sell our customers' personal details to any marketing lists.
If all, or substantially all, of our assets used to operate our business are acquired by a third party then your personal information may be transferred to that third party.