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- Full Terms and Conditions of Sale
Terms & Conditions
Format of the Contract | Description and Price of Goods | Payment | Delivery | Risk/ Title | Order Cancellation | Warranty | Limitation of Liability | Images | Returns | Waiver | Force Majeure | Severance | Governing Law and Jurisdiction | Changes to Terms and Conditions | General
Sussex Turnery & Moulding Company Ltd t/a Karelia Wood
Flooring Churchfields Mill, Highfield Drive, Churchfields Industrial Estate,
St Leonards on Sea, East Sussex, TN38 9TG
Please read these terms of sale carefully before placing your order
and retain a copy of these terms and your order for future reference
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Sussex
Turnery & Moulding Company Ltd t/a Karelia Wood Flooring, whose registered
office is at Railview Lofts, 19C Commercial Road, Eastbourne, East Sussex, BN21
3XE, registered in England No. 1223584 (the "Supplier", or "we",
or “us”, or "our").
1.2 Any order placed by you for goods advertised on our website
is an offer by you to purchase the goods selected in your order. No contract
exists between you and us for the sale of any goods until we have received your
order. All orders are subject to acceptance by Karelia Wood Flooring. We will
provide you with an order acceptance or rejection as soon as reasonably possible.
1.3 We will contact you by phone or email shortly after you
place your order to confirm that we accept or decline it prior to despatch of
goods. If we cannot accept your order (for example (but without limitation)
because the goods are found to be unavailable) we will notify you by telephone
or email.
1.4 In the event that, after we accept your order, we discover
that the goods ordered are unavailable or that there was a pricing error on
our website in respect of the goods ordered, we reserve the right not to supply
the goods ordered and to offer you a refund or alternative goods in accordance
with conditions 2.4 to 2.6 below.
1.5 The contract is subject to your right of cancellation (see
condition 6 below).
1.6 We have the right to terminate the contract if the price
of the goods is not received from you in cleared funds (in accordance with condition
3.1).
1.7 The Supplier may change these terms of sale without notice
to you in relation to future sales.
1.8 Nothing in these Terms and Conditions shall affect the
Buyer’s statutory rights as a consumer.
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2. Description and Price of the Goods
2.1 The description and price of the goods you order will be
as shown on the Supplier´s website at the time you place your order.
2.2 Individual product prices on the Karelia Wood Flooring
store include a VAT of 15%.
2.3 No value added taxes refund system for non-EU residents
is currently available from Karelia Wood Flooring for online or phone purchases.
2.4 If after acceptance of your order we discover within 14
days of such acceptance that all of the goods are unavailable, we may terminate
the contract and refund or re-credit you within 7 working days for any sum that
has been paid by you or debited from your credit card for those goods. In these
circumstances, we will inform you as soon as possible.
2.5 If within 7 days of our acceptance of your order we discover
that some but not all of the goods are unavailable, we will no longer supply
those unavailable goods. In these circumstances we will contact you detailing
the goods that are unavailable and offer you the option of cancelling the whole
order or amending your order to substitute the unavailable items with alternative
goods. If you have not cancelled the order within 14 days of receipt of such
notice, we will deliver the available goods in accordance with condition 4 below.
We will refund or re-credit you for any sum that has been paid by you or debited
from your credit card in respect of the unavailable goods or cancelled order
(if you have cancelled it).
2.6 Every effort is made to ensure that prices shown on the
Supplier’s website are accurate at the time you place your order. If within
14 days of accepting your order a pricing error is found in respect of any or
all of the goods you have ordered, we will notify you as soon as possible detailing
the mis-priced goods and offering you the option of:
2.6.1 cancelling your order for the mis-priced goods and reconfirming
your order at the amended prices
2.6.2 placing a new order for alternative products;
2.6.3 cancelling the whole of your order; or
If, within 14 days of receipt of our notice to you, you have not responded by
selecting one of the available options at conditions 2.6.1 to 2.6.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced,
the entire order will be cancelled automatically and the Supplier will refund
or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to
be mis-priced, our contract with you continues and we will deliver the correctly
priced goods but we will not be obliged to supply you with the mis-priced goods.
In these circumstances we will refund or re-credit you for any sum you have
paid for the mis-priced goods.
2.7 To avoid any doubt, where goods are unavailable and you
order alternative goods from us, or where goods have been mis-priced and you
subsequently order such goods at the correct price, these terms of sale shall
apply to the order and the supply of the relevant goods, whether the order is
placed through our website or otherwise.
2.8 In addition to the price, you may be required to pay a
delivery charge for the goods. Please use the table below for details of delivery
charges to mainline England and Wales. We apologise that there may be an extra
surcharge for deliveries to some areas of Scotland. Unfortunately we do not
deliver to Eire and Northern Ireland. If there are any exceptions to the following
deliver charges we will advise you when we contact you to confirm your order.
| Delivery Address |
Order Value (inc VAT) |
Delivery Charge (inc VAT) |
| England and Wales |
£400 and over |
Free |
| Under £400 |
£41 |
| Scotland and Channel Islands |
A price will be quoted on an
individual basis |
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3. Payment
3.1 Payment for the goods and delivery charges can be made
by credit or debit card. Payment is made securely via WorldPay. Payment shall
be due before the delivery date and time for payment shall be a fundamental
term of this agreement, breach of which shall entitle the Supplier to terminate
the contract immediately.
3.2 There will be no delivery until cleared funds are received.
In cases where manual credit and fraud checks are required, up to 48 hours may
be required for clearance. If you do not wish to proceed on this basis please
contact us in writing. Your order will be cancelled and your account will be
credited with the full value.
3.3 Payments shall be made by you without any deduction whatsoever
unless you have a valid court order requiring an amount equal to such deduction
to be paid by the Supplier to you.
3.4 A 30% deposit can be made to hold any product and price
given at the time, for a period of up to 1 month. A deposit in law is deemed
to be a binding contract and non-refundable whether a stocked item or a special
order. The remainder of monies due must be paid when a delivery date is arranged.
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4. Delivery
4.1 For security purposes we will only deliver to the card
holder’s address.
4.2 All orders placed will be processed within 4 working hours
and will be delivered as per the confirmed delivery date between 8am and 6.30pm
provided no additional security checks are required and all stock items are
available. Standard delivery for those products available from stock will be
24 -72 hours depending on the quantity you purchase. For those products which
are not immediately available from stock, an approximate availability will be
advised when we contact you to confirm your order acceptance. You will be notified
when your order is ready for delivery. (A working day is any day other than
weekends and bank or other public holidays).
4.3 If delivery cannot be made to your address for reasons
under the Supplier´s control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods
(other than by reason of circumstances under control of the Supplier) then without
prejudice to any other right or remedy available to the Supplier, the Supplier
may:
4.4.1 charge you for re-delivery
4.4.2 store the goods until actual delivery and charge you
for reasonable costs (including insurance) of storage; or
4.4.3 sell the goods at the best readily obtainable price and
either (a), where you have not already paid for the goods in question, charge
you for any shortfall below the price you agreed to pay for the goods or (b),
where you have already paid for the goods in question, account to you (after
deducting all reasonable storage and selling expenses) for any proceeds received.
4.5 If you fail to take delivery because you have cancelled
your contract under the Distance Selling Regulations the Supplier shall refund
or re-credit you within 30 days for any sum that has been paid by you or debited
from your credit card for the goods. On exercising your right to cancel you
shall be required to return the goods to the Supplier at your own cost. Should
you fail to return the goods, the Supplier reserves the right to deduct any
direct costs incurred by the Supplier in retrieving the goods as a result of
such failure.
4.6 Every effort will be made to deliver the goods as soon
as possible after your order has been accepted. However, the Supplier will not
be liable for any loss or damage suffered by you through reasonable or unavoidable
delay in delivery. In this case, the Supplier will inform you of any delay as
soon as possible and will give you the option of cancelling your order at this
point.
4.7 Deliveries are made via courier companies to the “kerb
side”. Unfortunately due to insurance guidelines, drivers are not responsible
to take goods into your home. Therefore, please arrange for adequate help at
the time of delivery. (Please be aware that boxes can weigh in excess of 25
Kilos)
4.8 Requests for estimated time of arrival on the day of delivery
are strictly at the courier’s discretion. We cannot insist on a courier
contacting you to advise delivery times, we can only request this.
4.9 Please inspect all goods immediately on delivery. This
means checking trims, glancing over (but NOT opening) packs of flooring for
visible damage. If the package appears to be damaged and/or the incorrect product
has been sent, then please refuse the delivery then contact us immediately on
01424 856805. If the delivery is incomplete on arrival only sign for the products
you have received. Failure to do so may affect any warranty claims that you
make thereafter. Claims will not be accepted for damaged/missing goods if the
driver’s ticket is not signed accordingly.
4.10 Karelia Wood Flooring does not accept liability for any
costs you incur due to a late delivery. We recommend that you do not book installers
until you have received your goods. Please note that we also recommend you allow
up to 3 days for the flooring to acclimatise before it is laid.
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5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the
Supplier has received in full (in cash or cleared funds) all sums due to it
in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier
from you on any account.
5.3 The Supplier shall be entitled to recover payment for the
goods even though ownership of any of the goods has not passed from the Supplier.
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6. Order Cancellation
6.1 You have the right to cancel the contract at any time up
to 7 days after you receive the goods (see below). If the products were a “special
order” this right to cancellation does not apply.
6.2 To exercise your right of cancellation, you must give written
notice to the Supplier by hand, post or the Contact Us section of our website,
giving details of the goods ordered. Notification by phone is not sufficient.
6.3 Except in the case of faulty or misdescribed goods, if
you exercise your right of cancellation after the goods have been delivered
to you, you will be responsible for returning the goods to the Supplier at your
own cost. The goods must be returned to the address: Churchfields Mill, Highfield
Drive, Churchfields Industrial Estate, St Leonards on Sea, East Sussex, TN38
9TG
- You must take reasonable care to ensure the goods are not damaged in the meantime
or in transit. The order should be unopened and in its original packaging. In
the case of faulty or misdescribed goods the Supplier shall, after receiving
notification in accordance with conditions 7 and 10, either collect the goods
from you or ask you to return the goods to the Supplier in accordance with the
Supplier's Returns procedure (see condition 10 below).
6.4 Once you have notified the Supplier that you are cancelling
the contract, the Supplier will re-credit you within 30 days for any sum that
has been paid by you or debited from your credit card for the goods.
6.5 Except in the case of faulty or misdescribed goods, if
you do not return the goods as required, the Supplier may charge you a sum not
exceeding the direct costs of recovering the goods.
6.6 Karelia Wood Flooring reserves the right to cancel any
accepted order prior to delivery at Karelia Wood Flooring’s discretion
(whether or not your credit card has already been charged) in the event of any
material errors in connection with your order or the price or other conditions
published in the Karelia on-line store relevant to your order, or if any further
verification of your credit conditions or records so warrants. If your credit
card has already been charged and your order is cancelled, Karelia Wood Flooring
will immediately issue an appropriate credit to your credit card account.
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7. Warranty
7.1 All new goods supplied by the Supplier are warranted free
from defects for 10 years from the date of supply (unless otherwise stated).
For full warranty conditions please refer to the section Guarantee on our website.
This warranty does not affect your statutory rights as a consumer. If the purchased
goods develop a defect during the 10 year warranty period, you should write
to us via the Contact Us area on our website. In the event of a valid claim
for a defect in the purchased goods, where clauses within section 10 do not
apply, the Supplier will (at its option) either:
7.1.1 replace those goods, if the Supplier has available the
same goods at the same price; or
7.1.2 refund or re-credit you the sum you have paid for the
relevant goods within 30 days of the date that the relevant goods are returned
in accordance with the Supplier's Returns procedure (see condition 10 below).
7.2 The warranties in conditions 7.1 above do not apply to
any defect in the goods arising from fair wear and tear, wilful damage, accident,
negligence by you or any third party, use otherwise than in accordance with
its intended use, failure to follow the Manufacturer's or Supplier´s instructions,
or any alteration or repair carried out without the Suppliers prior written
approval.
7.3 If the goods supplied to you are faulty (whether or not
they were damaged in transit), you must notify us within 28 calendar days (please
note that for our business customers, this is 14 calendar days) of receipt of
the goods and return the goods to us in accordance with our returns policy (see
condition 10 below). Once we have verified the fault, we will issue you with
(at your discretion) a replacement or full refund via your original payment
method and reimburse your reasonable return carriage costs.
7.4 If the goods supplied to you develop a defect while under
warranty or you have any other complaint about the goods, you should notify
the Supplier in writing via the Contact Us section of the website, as soon as
possible, but in any event within 14 days of the date you discovered or ought
to have discovered the damage, defect or complaint.
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8. Limitation of Liability
8.1 Subject to section 12 below, if you are a consumer the
Supplier shall not be liable to you for any loss or damage in circumstances
where:
8 .1.1 there is no breach of a legal duty owed to you by the
Supplier or by its employees or agents;
8 .1.2 such loss or damage is not a reasonably foreseeable
result of any such breach;
8 .1.3 any increase in loss or damage resulting from breach
by you of any term of this contract.
8.2 Nothing in these conditions excludes or limits the liability
of the Supplier for death or personal injury caused by the Supplier´s
negligence or fraudulent misrepresentation.
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9. Images
Product images are for illustrative purposes only and may differ from the actual
product.
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10. Returns
10.1 We will accept whole orders, except special orders, back
unopened in the original packaging for whatever reason within 7 days of receipt.
You will need to return the goods back to us at your cost via your chosen courier,
and a 30% handling charge will be deducted from your refund. We do not accept
part order returns.
10.2 All credits will be processed within 28 days. Please note
that we can only refund delivery costs if the return is a result of our error.
If you decide to cancel your order before delivery for whatever reason, except
special orders, a £30 administration charge applies. If an order has been
dispatched further charges may apply. In the case of a verbal order we will
always read back your order at the time, and your agreement will form a contract.
10.3 In particular, please note that any items returned to
us which you claim to be faulty or incomplete are checked and verified by our
technicians. Any returned items that are found not to be faulty or incomplete
will be returned to you and we shall be entitled to charge you for the return
carriage costs via your original payment method. In the event that your credit
card has expired, or is declined we will hold the item(s) until full payment
has been made for the return carriage.
10.4 Any items that you return to us are at your own risk,
therefore we strongly advise all our customers to take reasonable care when
returning any items to us for example, by ensuring the goods are correctly addressed,
adequately packaged, and carried by a reputable carrier. Items returned to us
in a damaged condition will not be subject to refund, unless they were originally
received damaged on the original consignment.
10.5 Return of product purchased under a special offer or promotion
or as part of a bundle maybe subject to specific conditions, as described herein
or otherwise communicated to you. No refund is allowed for individual products
purchased as part of a bundled or under a voucher promotion jointly with other
products but Karelia Wood Flooring will either: (i) replace such individual
product or (ii) have returned the whole product bundle or the whole order and
refund the amounts you paid. Karelia Wood Flooring reserves the right to get
reimbursement of any promotional discounts applied on other products you purchased
if such discounts were dependant on the purchase of the product(s) returned
to us.
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11 Waiver
No waiver by the Seller (whether express or implied) in enforcing any of its
rights under this contract shall prejudice its rights to do so in the future.
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12 Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its
obligations if the delay or failure results from events or circumstances outside
its reasonable control, including but not limited to acts of God, strikes, lock
outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability
of raw materials from a natural source of supply, and the Seller shall be entitled
to a reasonable extension of its obligations.
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13 Severance
If any term or provision of these Terms and Conditions is held invalid, illegal
or unenforceable for any reason by any court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Terms and Conditions had been
agreed with the invalid illegal or unenforceable provision eliminated.
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14. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to English law
and the English courts will have jurisdiction in respect of any dispute arising
from the contract.
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15 Changes to Terms and Conditions
The Seller shall be entitled to alter these Terms and Conditions at any time.
But this right shall not affect the existing Terms and Conditions accepted by
the Buyer upon making a purchase.
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16. General
All hardwood flooring we offer for sale has been kiln-dried (unless otherwise
stated) and all dimensions for wood flooring are nominal. This is because it
is a natural characteristic of wood products whether pre-finished or not to
adjust in size to its environmental conditions. It adjusts naturally to the
level of humidity in the area it is stored or used. Purchasers of hardwood flooring
should read appropriate fitting instructions provided by ourselves and should
be aware of British Standard BS 8201 1987. The code includes recommendations
relating to the work in the laying hardwood flooring.
Because this is a natural product please allow 5% grading allowance of product
above and below grade. This is common with most manufacturers worldwide.
Before you install hardwood flooring please make sure you have read all the
appropriate fitting instructions and recommendations. Do not install the flooring
if you are unsure of the appropriate fitting instructions or have any complaints
regarding the product. Always make sure the product and environment in which
you are installing are suitable, in advance. Always use a moisture meter.
Copies of the code of practice for British Standards BS 8201 1987 are available
from the British Standards Institute.
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