Terms & Conditions

1. Introduction

1.1 This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will sell the Goods to you. You may print a copy for future reference.

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

1.3 Event Outside Our Control’ has the meaning given in clause 15.

1.4 ‘Goods’ means the goods listed on our website (‘the Website’) which we may supply.

1.5 Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 13.

1.6 By ordering any of the Goods, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.

2. about us

2.1 This Website is owned and operated by Pay Smart Carpets Limited (‘we’/’us’/’our’), a limited company registered in England and Wales under company number: 10991413 having our registered office at Glebe Business Park, Lunts Heath Road, Widnes, WA8 5SQ

2.2 Our telephone number is 0330 041 2999

2.3 Our email address is [email protected]

3. Overseas orders

3.1 The purchase of goods is intended only for use by customers resident in England, Wales, Scotland and Northern Ireland (The United Kingdom). We do not accept orders for goods from individuals located outside the United Kingdom.

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.

5. Price

5.1 The prices of the Goods are quoted on the order page.

5.2 Prices and any other charges quoted on the order page are based on delivery of the Goods in the United Kingdom unless otherwise specified.

5.3 Prices quoted include the costs of delivery of the Goods and ancillary items.

5.4 Unless otherwise stated, the prices quoted include VAT.

5.5 VAT Registration number 280403430.

6. Payment

6.1 Payment can be made by any major credit or debit card

6.2 By placing an order, you consent to payment being charged to your debit/credit card account as provided on the order form.

6.3 If you pay us by credit or debit card we will take payment from your card for the Goods when we shall contact you should any problems occur with the authorisation of your card.

7. Interest

Pay Smart Carpets do not charge interest throughout the length of the agreement

8. order process and formation of contract

8.1 Our Website, catalogue and brochure merely illustrate our Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although we aim to accurately depict our Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on our Website and in our catalogue and brochure.

8.2 All orders are subject to acceptance and availability. If we are unable to supply you with the Goods in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside our Control or because we have identified a mistake in the description of the Goods or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.

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

8.6.2 Changes to these Conditions as a result of changes in any 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

8.8 Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in the agreement shall only be binding when agreed in writing and signed by you and us.

9. delivery

9.1 The Goods will be delivered and installed to you at the address you provided during the order process which may be an address other than the billing address.

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.

9.3 We do not allow the collection of the Goods from our premises.

9.4 You must examine the Goods within a reasonable time after arrival and installation and let us know as soon as reasonably possible if they are faulty, damaged or not as described.

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

10.1 The Goods will be at your risk from the time of delivery and installation.

10.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them.

10.3 You must keep the product in good condition through the life of the agreement; you are responsible for damage to the goods even if caused beyond your control.

10.4 The products listed above remain property of Pay Smart Carpets Ltd until final payment has been made. Any attempt to avoid paying for the goods will result in legal action being taken to recover monies outstanding.

11. Cancelling Your Contract and returns

11.1 Cancelling before Confirmation Notice

11.1.1 You may cancel your order for the Goods by notifying us of your decision to cancel at any time prior to installation.

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

11.1.2.1 A statement that you wish to cancel quoting your name, address, the name or a description of the Goods and your order reference number.

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.

12. complaints

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

13.1 We have a duty to supply Goods to you that conform to the Contract including a duty to ensure that.

13.1.1 The Goods are as described in the contract.

13.1.2 The Goods correspond to any samples we have sent you

13.1.3 the Goods are fit for any purpose you specifically told us they were required for, and are not faulty

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

13.3.3 A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.

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 We will not be responsible for any delay in delivering the Goods if

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.

13.8 It isn’t uncommon for a few minor snags to occur during the day of your fitting. Fitters carry out their work with reasonable skill and care, but even with the greatest care, home décor may be marked or scuffed during the fitting process, particularly when carrying large carpets and manoeuvring them around small spaces. paintwork and wallpaper are especially vulnerable and newly decorated rooms should be allowed to dry fully. A minimum of two weeks is recommended. Pay Smart Carpets nor any fitter will carry out any redecoration and will not be held responsible for “consequential damage”. except where damage has been caused by that person’s negligence.

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’).

15.2 We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside our Control.

15.3 We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.

15.4 Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.

15.5 You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods which we have been unable to deliver to you.

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.

16.5 Validate your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

16.6 Inform you of similar Goods we provide, but you may contact us at any time to request that we stop informing you of these.

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

18.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

18.2 Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

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.

18.4 All Contracts are concluded in English only.

18.5 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

18.6 A waiver by us of any default shall not constitute a waiver of any subsequent default.

19. governing law

These Conditions and the Contract are governed by the laws of England and Wales. However, if you live outside England and Wales but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.

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.