Terms & Conditions
2. about us
2.2 Our telephone number is 0330 041 2999
2.3 Our email address is [email protected]
3. Overseas orders
4. ELIGIBILITY TO PURCHASE
4.1 To be eligible to purchase the Goods and lawfully enter into and form a contract with us, you must be 18 years of age or over, and be able to afford the agreed payment plan.
6.1 Payment can be made by any major credit or debit card
Pay Smart Carpets do not charge interest throughout the length of the agreement
8. order process and formation of contract
8.3 If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.
8.4 Any order placed by you for the Goods constitutes an offer to purchase them from us.
8.5 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods.
8.6 We may make
8.6.1 Minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements
8.6.3 Changes to these Conditions as a result of changes in how we accept payment from you.
8.6.4 Changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
8.7 If we make any changes in accordance with the agreement we will give you written notice of the changes before we supply the Goods. You can choose to cancel the contract if the change would be significantly to your disadvantage
9.2 Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place as soon as reasonably possible, but in any event within 30 days of the date of the Confirmation Notice, unless there is an Event Outside our Control, in which case clause 15 shall apply.
9.5 If no one is present at your delivery address to take delivery, we will advise you of our attempted delivery. You must then contact us to make arrangements for us to deliver and install the Goods.
9.6 For Christmas deliveries, we recommend that you check the Website for the last order date. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
10. risk and title
11. Cancelling Your Contract and returns
11.1.2 You may notify us of your decision to cancel by contacting us by sending us by email to [email protected] or by post to Unit 251 Europa, Boulevard, Westbrook, Warrington, WA5 7TN
11.2 Deposits are taken at the point of sale; deposits are non-refundable unless you cancel in the 14-day cooling off period. If you have booked your fitting we cannot issue a refund due to stock being ordered.
11.3 There is a cancellation charge of £25 if you re-arrange your fitting date within 24 hours of the day of your fitting.
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us by telephone on telephone number 0330 041 2999, by email at [email protected] or by post at Unit 251 Europa, Boulevard, Westbrook, Warrington, WA5 7TN.
13. liability and indemnity
13.2 We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
13.3 We cannot exclude or limit our responsibility to you for:
13.3.1 Death or personal injury resulting from our negligence or the negligence of our employees
13.3.2 Death or personal injury resulting from our negligence or the negligence of our employees
13.4 We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.
13.5 You are purchasing the Goods as a consumer. If you purchase the Goods for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
13.6.1 We have asked you to provide specified information that is necessary for delivering the Goods and
13.6.2 You have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
13.7 We will not accept liability for any damage caused by pre-existing defects in any fittings, walls, pipes, wiring, gas installations in your premises or to any goods to which we connect or install or attach the Goods unless we have been negligent in not realising that such damage may occur or in the way we did the work.
14. early contract termination
You have the right to repay the agreement early, either partially or in full, if you wish to make an early repayment please contact us by telephone on telephone number 0330 0412999, by email at [email protected] or by post at Unit 251 Europa, Boulevard, Westbrook, Warrington, WA5 7TN.
15. EVENTS OUTSIDE OUR CONTROL
15.1 Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control (‘Event Outside Our Control’).
16. USE OF PERSONAL DATA
You authorise us to process and transmit your name, address and other personal information supplied by you (including updated information) to
16.1 Obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity
16.2 Supply the Goods and Services to you
16.3 Carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements.
16.4 Transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer.
16.6 All Personal data will be adhered to under the data protection act 1988, by signing this agreement; information supplied on this form will be stored and used in accordance with internal use. In addition, you give consent to pass the data to a debt agency to recover overdue payments. Your details will not be kept longer than necessary.
17. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
18. other important terms
18.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
19. governing law
20. governing jurisdiction
You can bring legal proceedings in respect of the Goods in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in respect of the Goods in either the courts of your home country or England and Wales.
21. Christmas fitting
Half or full payment of order value must be paid to be fitted before Christmas.