1.1 JJs Flooring Services. ltd referred to as we or us in this contract. You are the customer.
We reserve the right to change these Terms and Conditions at any time.
It is your responsibility to read the Terms and Conditions on each occasion that you use this website, and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use this website.
1.2 All orders that you place with JJs Flooring will be subject to acceptance in accordance with these Terms and Conditions. When you place your online order, you are inviting us to enter into a contract with you to supply the goods you have selected at the price indicated on the website and in your order form.
1.3 When we receive your order, we will send you an acknowledgement by email within 48 hours to the address you have supplied to confirm receipt, your order will then be processed by our Sales Team. This acknowledgment is neither an order confirmation nor an order acceptance by us.
1.4 Acceptance of your Order, and the completion of the Contract, will take place when we dispatch the Goods to you (or some of them if we’re delivering in instalments).
We may list availability information for goods sold by us on the Website, including throughout the order process but cannot guarantee the availability of goods listed on the website.
1.5 The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered.
Please note that this email is not an order confirmation or order acceptance from us. Once we have received your order we will check the necessary information such as stock levels and pricing, we will then contact you to arrange a suitable date for delivery.
1.6. Acceptance of your order and the completion of the contract between you and us will take place when we dispatch the products ordered, unless we have notified you that we are unable to accept your order, or you have cancelled it.
1.7 Our Delivery’ service is for orders for customers with mainland UK addresses that are not located in Grampian or Highland areas. Orders made for delivery to Highland or Grampian areas will be required to pay an additional surcharge. We can deliver to the Channel Islands, Isle of Man, Orkney, Shetland, Scottish Islands, Northern Ireland or the Republic of Ireland but a delivery surcharge will be required for these areas.
2.0 All goods must be signed for by some adult aged 18 years or over upon delivery.
2.1 Delivery charges and estimated timescales are specified in the Delivery Information section.
2.2 We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors and as such delivery times are not an essence of this contract.
2.3 We are under no liability for any delay or failure to deliver the products within the estimated timescales.
3.0 Risk of loss and damage of products passes to you on the date when the products are delivered or the date that the first delivery is attempted by us.
Delivery is to the nearest Kerb side of your address. Some drivers are happy to take items to your front door or into the property upon request, but this is at their discretion and we cannot guarantee that they will do this.
3.1 We cannot be held liable if any damage occurs as a result of items being taken into the property.
3.2 Please note that JJs Flooring Services strongly advises that you do not book your fitter or installer until you have received and checked your order. As we are not liable for any installation costs or lost wages.
- 4. Payment
4.0 We take payment from your card or PayPal account at the time that we receive your order, once we have checked your order value, card/ PayPal details, and the stock availability. We will accept payment of your order by Visa, Mastercard, Delta/Connect, PayPal and recognised debit cards only. Payment by cheque or cash on delivery is not accepted. Unfortunately, we do not offer credit facilities. Payment of goods must be made in accordance with our purchasing procedure. All orders are positively credit card sanctioned prior to despatch. We cannot accept any responsibility if any details you provide us with are incorrect or if any order is held up as a result of incorrect details.
4.1 The price for the goods will be as stipulated on the website at the time when you place your order. We are entitled to make adjustments to the price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to any error or omission on the price published for the goods on our website is wrong. We try to ensure all prices displayed on our website are accurate, but the price of your goods on your order will need to be validated by us prior to processing the order. Goods are subject to availability. In the event that we are unable to supply the goods ordered, we will inform you of this as soon as possible.
4.2 Acknowledgement of your order is not a guarantee by us of the availability of the goods. If you receive an acknowledgment email or confirmation email for an order which you did not place, or if the details in the acknowledgment email or confirmation email do not match the order which you placed, you must contact our Customer Services Team on 01214333400 or via email to firstname.lastname@example.org to cancel the order or correct the details.
4.3 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate your name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, and that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.4 The price you pay is the price displayed on the product page of this website for your specified size(s) at the time we receive your order. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact, you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.5 Payment can be made by PayPal or debit/ credit cards or bank transfer.
4.6 Ownership to any products you order with JJs Flooring Services shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.7 All prices are shown in £ sterling and exclude VAT (where applicable) at the current rates.
5. Returns, Cancellations and Substitutions
5.1 When ordering from JJs Flooring Services via the website or over the phone any product off the shelf which has not been cut to sizes you require, you have a right to cancel and return your order up to 60 days after receiving your order. Products excluded from this policy are items which are cut to your bespoke size or products specially ordered to fulfil your order. Please note you are responsible for the organisation and cost of returning any item(s) to us. All items must be returned in the same packaging and condition in which they were received by you.
5.2 In the unlikely event that you receive faulty or damaged goods, please contact us prior to cutting and/or fitting the item(s) and we will arrange for the faulty or damaged goods to be collected and replaced. Unfortunately, if any ordered item is removed from its original condition (for example cut and fitted) we will be unable to replace the item(s) nor will any refund be made.
5.3 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If this situation arises we will inform you prior and you can either accept the substitute or cancel the order. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations. If you have provided your own measurements, you are responsible for these being accurate and JJs Flooring Services. ltd accepts no liability if the floorcovering does not fit. Therefore, please make sure that these are correct at the time of ordering to avoid any issues upon delivery.
- Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/ or content made available as part of your use of this website shall remain at all times vested in us and our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal, non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content on this website is strictly prohibited and you agree not to (and you also agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, we will take reasonable steps to verify the accuracy of any information on the site but make no representation or warranty of any kind, express or implied statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs, or represents the full functionality, accuracy, 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 and we accept no liability of any kind for any loss, damage from action taken, or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than expressly provided in these Terms and Conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, Terms and Conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any:
(i) Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings).
(ii) Loss of goodwill or reputation.
(iii) Special or indirect losses.
(iv) Injuries suffered or incurred by that party arising out of, or in connection with the provisions of any matter under these Terms and Conditions.
7.5 Notwithstanding the above, subject to Section 7.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
7.6 Clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
- Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic use only (exceptions apply and are clearly marked as suitable for contract/ commercial use), if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance.
Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked websites we are not responsible for the availability of such external sites or resources, and do not review or endorse, and are not responsible or liable (directly or indirectly) for:
(i) The privacy practices of such websites.
(ii) The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources.
(iii) The use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by JJs Flooring Services.
8.6 We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.
8.7 If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected.
8.8 These Terms and Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
8.9 These Terms and Conditions including the documents or other sources referred to in these Terms and Conditions supersede all prior representations understandings and agreements between you and JJs Flooring Services. or any subsidiary relating to the use of this website (including the ordering of products) and sets forth the entire agreement and understanding between you and JJs Flooring Services. Ltd for your use of this website.
9.0 When you receive your flooring, please check it is the correct quality, size, pattern and colour as you expected, and free from damage and/or defects. Once you have cut and/or fitted the item, you are the owner and JJs Flooring Services. Ltd cannot be held responsible for any exchanges or fitting costs.
9.1 Please note, we are unable to guarantee an exact colour match on different rolls. If an exact colour match is required, please contact us at the time of ordering and we will do all that we can to help. An exact colour match is especially hard to achieve when different widths have been used, or the flooring has been ordered on different dates.
9.2 All pile carpets, especially plain backgrounds are liable to shading, i.e. to show light and dark patched areas. This is due to uneven pressing of the surface by treading. Light and delicately shaded carpets are liable to become soiled with wear and it may appear that the colours have faded. Both tendencies are inherent in all pile fabrics and therefore we cannot accept any responsibility for complaints arising from either of these causes.
9.3 All dimensions are in accordance with British Standards 3655 (1974) +/- 1.25% in width and/or length.
9.4 Whilst every effort is made to deliver goods on the day specified, this service is not guaranteed. We cannot offer compensation as a consequence for late or early delivery. Any information given regarding anticipated delivery times or dates are given in good faith and are not an essence of any order contract. In the event of a re-delivery due to non-presence of the customer, or any other hinderance not directly attributable to JJs Flooring Services. the charge of £45.00 will be levied to cover costs. It is the customer’s responsibility to check all goods prior to signing for them. Please check that the goods you receive are the ones you ordered, the correct colour and size, and that they are examined for apparent faults or damage at the time of delivery and before installation/assembly. If on inspection you have any doubts, please contact us immediately.
9.5 In all cases genuine complaints will be dealt with in good faith, but your rights may be adversely affected if you do not contact us as soon as possible. JJs Flooring Services. cannot be held liable for any damage which is noticed after delivery has occurred. Though we always endeavor to deliver to the ground floor room of a customer’s choice, when delivering a piece of carpet over 20 Μ², we reserve the right to deliver the piece of carpet to an easily accessible location. This is due to both the potential weight and size of a piece of carpet. If a second delivery is required due to problems accessing the property on the initial attempt, we reserve the right to charge a £45.00 re-delivery fee.
10.0 Fitting (Floorcovering)
10.0.1 We act as agents for independent self-employed floorcoverings installers and can arrange for one of these to deliver and/or fit your purchase under a separate agreement between you and them. We regularly assess the quality of work undertaken by our recommended floorcoverings installers. We retain full responsibility for the products and services we supply, and the deliverer/installer is responsible for the standard and quality of, and any liability arising from, delivery and/or installation.
10.0.2 Delivery and fitting is chargeable. These charges may be payable to the company or the contractor and are quoted for the goods shown on the order only. If you require additional fitting services, for example; uplift and dispose of old floorcovering, these can be agreed with the us in advance and quoted for separately on your order.
10.0.3 If you have opted for our ‘uplift and disposal’ service, we will remove your old flooring and all offcuts and packaging from your new flooring. If you have decided not to opt for this service, it is your responsibility to uplift your existing flooring prior to the fitter’s arrival. The fitter will then bag up any carpet remnants from your new flooring and leave them for you to dispose of. If you would like to keep any offcuts, please advise your fitter upon arrival at your home. The fitters will move up to five pieces of empty furniture from your room. Please ensure that these items contents are cleared prior to the fitting date to avoid any delays or inconvenience with your fitting. This does not include white or electrical goods or items over 4ft in height.
10.0.4 Doors may need to be trimmed to allow clearance. This is not part of the standard fitting charge unless agreed in advance. Fitters may remove doors to facilitate fitting and have them ready for you or your appointed carpenter to carry out the trimming and re-hanging. If you have fire doors that require trimming, this will need to be carried out by a specialist carpenter and this is not a service provided by us.
10.0.5 We are also unable to remove fire doors and so arrangements should be made prior to the fitting date.
10.0.6 There may be additional charges for longer distances, difficult parking restrictions or unusual requests. These charges may be payable to the company or the contractor.
10.0.7 Fitting appointments are made in good faith, but the exact arrival and duration times cannot be guaranteed due to the nature and unpredictability of the work involved. We cannot accept liability for delayed arrival, but you can be assured that the fitters will complete your work even if it exceeds the expected time allocation.
10.0.8 Fitters undertake to 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. New paintwork and wallpaper is especially vulnerable and should be allowed to fully dry. A minimum of two weeks is recommended. Neither we nor any fitter undertake to carry out any redecoration, except where avoidable damage has been caused by that person’s negligence.
10.0.9 We, nor the carpet fitters are insured to remove appliances in kitchens or bathrooms to install any floor covering. Please ensure any appliances are removed prior to the fitter’s arrival and that the sub floor is clean and dry.
If the fitters cannot lay the floor covering due to furnishings or effects which have not been removed they will leave and return once the area is clear. This will result in a further charge for the fitting. All fitting charges are in addition to delivery charges. We reserve the right to only offer fitting services in certain locations.