IMPORTANT – The following terms and conditions DO NOT APPLY to contracts made between our commercial flooring company, Winders Commercial Flooring Limited (WCFL) and our commercial clients, your quotation, prelims and other documents will provide the terms on which the contract has been based on.
INSURANCE CLAIMS – The following terms and conditions DO NOT APPLY to contracts made between Winder Carpets Limited and our insurance partners. Our quotation, prelims, Service Level Agreements (SLA) and other documents will provide the terms on which the contract has been based on.
WINDER CARPETS LIMITED
GENERAL TERMS AND CONDITIONS OF SALE
All orders placed with Winder Carpets Limited are subject to the following Terms and Conditions which may be amended at anytime and without notice.
PRICES
Are correct at the time and are subject to change at anytime without notice.
QUOTATIONS
All quotations given are valid for 14 days unless otherwise stated.
PURCHASES
We supply flooring products based on samples in our showroom, images and descriptions available online, and/or via product literature. Most products are manufactured to accepted tolerances for each specification. You accept that the product that you order may not match exactly to those samples in our showroom and that this does not mean that the product is not fit for purpose and/or is misrepresented.
RETENTION OF TITLE
All goods remain the property of Winder Carpets until payment in full has been received.
PAYMENT TERMS
All goods/services to be paid for in full prior to delivery and/or installation. Where payment is not made in full before installation any outstanding payment is due on the day when installation is completed or at a time otherwise agreed in writing. You agree to reimburse Winder Carpets for costs incurred due to delays in payment for goods including interest, debt collection and legal costs.
INSTALLER
If you wish for your new flooring product(s) to be installed for you, you appoint us as your agent to arrange the installation on your behalf. Alternatively you may make any other arrangements for installation of the product yourself. We will take reasonable care to identify an installer we believe is suitable to fit the products you have purchased from us and liaise with you and the installer to arrange a suitable date. You authorise us to enter into a contract for installation of your product(s) (and uplift of your current products if you have chosen this option) with independent self-employed installers in your name and on your behalf. The installation of your flooring is a separate contract between you and the self-employed installer. Whilst we may be able to arrange a date for installation there are times that due to unforeseen circumstances such as bad weather, illness or vehicle breakdown that the installer could be delayed or have to reschedule and you accept that this is not a breach of contract with Winder Carpets Limited for the supply of flooring goods . In addition Winder Carpets are not liable for any losses suffered due to a delayed or rescheduled installation.
INSTALLER WARRANTY
Your flooring installer offers a six-month warranty on their fitting service. This is different to any manufacturer warranty matters concerning your new flooring product(s).
UPLIFT & DISPOSAL
Uplifting and disposing of your existing floor covering and underlay etc. is not included in your purchase of new flooring. This service is offered and carried out by your installer for an additional charge.
SUBFLOOR SUITABILITY & PREPARATION
Your subfloor must be suitable to receive the flooring product you have purchased. Subfloor preparation such as underlay for carpet or plywood for vinyl may be included within your quotation and/or invoice for new flooring, however, it is not automatically included within the pricing of new flooring solutions unless it is specifically requested and/or recommended. Until the existing flooring is uplifted there may be issues with the subfloor that have been hidden from our estimator and/or your installer that require remedy before the installation can continue. In this case we would assist you in establishing what solutions are available to you.
Replacing flooring involving water damage – water/moisture can be trapped within/under your existing flooring products for some time and can cause a delay as well as additional cost if an installer cannot continue on the day of installation. Under these circumstances it is important to consider having the existing flooring removed as soon as possible to allow the subfloor to dry out, but your insurer should be involved in this decision too. We do offer an uplift and disposal service at an additional cost.
INSTALLATION DATES
We aim to ensure that the goods have arrived in stock and delivered to you for the installation of the flooring to be carried out on a day that is convenient for you. We do not to set dates for installation before your goods have been ordered from our suppliers and/or delivered to Winder Carpets unless you request this and you accept that Winder Carpets are not liable for any losses suffered due to the unavailability/delay of an installation .
CANCELLATION OF INSTALLATION
If you need to reschedule an installation then you must give at least 72 hours notice. If an installer arrives to carry out an installation and they are turned away for any reason a charge equal to their minimum fitting charge is applicable.
FURNITURE – Moving and replacing
For the avoidance of doubt, it is the responsibility of the homeowner to remove all furniture from the area(s) that requires new flooring to be fitted, it is not automatically included within the pricing of new flooring solutions unless it is specifically requested and/or recommended. We do offer this service at an additional cost. It is important to point out that this service is limited to the moving of larger items of furniture such as beds and sofas etc. but other items, such as, bookshelves, dressers, cabinets and wardrobes will need to be emptied first by the homeowner to enable safe lifting of these items of furniture. Your furniture must be robust and be be able to be moved by hand. If additional installers and/or equipment is required to aid moving furniture an additional charge will be calculated and made accordingly.
POST INSTALLATION
After your installer has installed your flooring and put waste product in suitable packaging it will be left with you for storage or disposal.
Sweeping up and/or vacuuming your new flooring is not included within the installation service.
DAMAGE REPORTING
The self-employed installer will always take great care and use their skill to install your flooring without damaging your new flooring and/or its environment, however, accidents and mistakes can happen and we request that the customer brings any matters to the attention of the installer at the time or within three (3) working days after installation being completed. If an installer is sub-contracted by Winder Carpets the same reporting period applies and we will not handle a complaint of damage by an installer outside of these time scales. If it is found that the damage was caused by the self-employed installer it will be them who ultimately provides a remedy.
DELIVERY by Winder Carpets/COLLECTION by Customer
Most orders for goods will be delivered by your installer and any cost is included within your installer’s pricing. Deliveries made by the store staff incur a separate charge for basic items like beds and mattresses which is available instore, but a separate price may need to be calculated for some products based on their size and weight. Collection by the customer can be arranged, but you will be required to use an appropriate vehicle and equipment to carry such loads safely and have the physical man-power to load your vehicle.
SOUNDNESS OF LOCATION
The area(s) in which you expect your new flooring to be installed may not be easily accessible due to the size of the flooring products or some other reason.
Whilst reasonable skill and care is taken to deliver goods into your property it must be understood that the size of your flooring can be large, heavy and difficult to handle this may mean that the product needs to ‘rub’ against your walls, floors and ceilings and for this reason we must insist that your surfaces are robust to cope with such contact albeit, it is hard to foresee.
UNDERLAY
Underlay is an important feature for long-term performance and comfort of your flooring. Most flooring suppliers recommend it and many insist on it especially when they offer a product warranty. The customer accepts that Winder Carpets and/or the flooring supplier is not responsible for any warranty on a product whereby the customer has not complied with the terms of the flooring product warranty.
EXTENDED WARRANTIES
Some flooring products offer extended stain and/or wear warranties and have separate terms and conditions linked to their guarantees. Where they are provided by the manufacturer, we accept no responsibility for these additional warranties or guarantees. Please ask a member of our staff for further information to ensure that you understand what warranties are offered on your new flooring.
All manufacturers’ wear guarantees do not relate to the appearance of the product but are specifically in relation to being ‘threadbare’. The appearance of your flooring may deteriorate or vary depending upon your usage, demands and aftercare. Any damage which has occurred due to negligence, malice, removal, fire, water damage and similar events will void the warranty. Similarly, damage or marks which have appeared following the use of an unsuitable chemical product or improper cleaning method, are not covered by the warranty.
Where a product requires specialist installation and you purchase your flooring product on a ‘supply only’ basis then you accept responsibility for the correct installation of that product and in the event of a warranty claim you will provide contact details of the installer and evidence of the installation methods and materials used.
Please note that you may be required to register your warranty directly with a manufacturer, failure to complete
PRODUCT CARE
All products shown in our store have different care and cleaning requirements. Please ask a member of our staff for further information or visit our website. It is important to know that caring for your new flooring product properly and within the terms and conditions of any applicable warranties is vital.
ACCLIMATISATION
Products that require acclimatisation should be delivered to you before the installation date. You accept responsibility for the care and security of these products whilst they are in your possession.
RETURNS
Winder Carpets do not operate a returns policy for any flooring products, sub-floor preparation materials, blinds, beds, mattresses and headboards and/or any other product sold in-store.
DELIVERY CHARGES
Most products have delivery charges included, however, some products may be subject to additional delivery charges that will be added to your invoice at the time or ordering or as soon afterwards that Winder Carpets becomes aware of a charge.
RESTOCKING CHARGES
Many products that are supplied through Winder Carpets are done so on conditions imposed by flooring suppliers which means that the return of a product will be subject to a restocking fee and collection charge. You also accept that a supplier has the right to reject a returned product and you will be liable to pay the full price for the rejected product accordingly.
NATURAL FLOORINGS IRREGULARITIES
Natural products such as wool and wood have variable characteristics which means that their appearance will never be exactly the same as a sample in store. Their differing natural properties, characteristics and aesthetic appearance is not classed as a faulty product, therefore this does not constitute grounds for rejection of the goods. A natural product will not be inspected/sorted by Winder Carpets before supply to you because we rely on our suppliers to manage the quality control of your flooring product.
CARPET SHADING/PILE REVERSAL
Carpet shading and pile reversal are two features of carpet products that are not faults in carpet manufacture, therefore this does not constitute grounds for rejection of the goods.
COLOUR DISCLAIMER
If you are viewing images of flooring online, via email or text, due to monitor settings, monitor pixel definitions, limitations of desktop scanners, digital photography etc, we cannot guarantee that the colour you see on your screen as an exact colour of the product. We strive to make our colours as accurate as possible, but screen images are intended as a guide only and should not be regarded as absolutely correct.
If you are viewing samples in store both natural (notwithstanding the condition immediately above) and man-made textiles are manufactured in batches and as such may be subject to slight colour difference which is within an accepted tolerance. Different manufacturers may have different tolerances.
All colours are approximations of actual colours.
JOINTS/SEEMS
Whilst every care is taken to join flooring product together it may be impossible to make a join invisible. You accept that this is not a fault of the carpet nor the installer.
COMPLAINTS
Winder Carpets have a straightforward procedure to follow with regards to complaints. If your complaint is about our staff in store we will follow our complaints procedure to resolve the issue. In the event that your complaint is regarding your self-employed installer and/or the standard of installation we will assist on your behalf to bring the matter to a swift and positive end, but our assistance is limited. A resolution may involve the installer returning to your property to rectify the problem, but Winder carpets are not responsible for arranging a different installer to rectify an installer’s mistakes unless the installer, subject to the complaint, admits liability and agrees to pay for the replacement/repair and/or reinstallation of your flooring. If your complaint is regarding a product we will lodge a complaint with the flooring supplier on your behalf. A resolution may be decided by a manufacturer’s representative or third-party inspector and you accept their decision/recommendation is final.
THIRD PARTY DELAYS
Products ordered from third party suppliers may be delayed due to being out of stock, production issues, transit delays or otherwise. Your order is subject to products being available but if a delay occurs, we will aim to notify your as soon as possible and agree next steps. These delays are not a breach of contract and Winder Carpets are not liable for any losses suffered due to these types of delays.
If your installer is delayed or unable to attend an installation it is ultimately the responsibility of the installer to liaise with you. Winder Carpets are not liable for any inconvenience, losses and/or distress caused by a third party.
CONSEQUENTIAL/UNFORESEEN LOSSES
There are times when things don’t go to plan, for example, the flooring product is faulty when unpacked or the subfloor is compromised. Winder Carpets does not accept liability when agreeing this sale to any consequential losses suffered by you.
LIMITED LIABILITY
Winder Carpets liability is limited to the invoice amount for the goods subject to a complaint and no other costs/losses howsoever caused. If a product is discovered to be faulty after installation and repair and/or replacement is chosen by the customer then the cost of removal and refitting of goods may be met by the product supplier.
SALES CONTRACTS IN YOUR HOME/BY TELEPHONE/ OR OVER THE INTERNET
Under the Consumer Rights Act 2015 when entering into a sale agreement to purchase products in your home, over the telephone or internet you have the right to cancel your order within a certain time but only for items that have not been prepared to your specification, for example, carpet being cut to your specific size is not covered under this legislation.
STATUTORY RIGHTS
You have the protection of statutory rights afforded to you under legislation. None of the above terms affect your statutory rights.
PROMOTIONAL TERMS & CONDITIONS
Please ask for details in store or visit our website:
www.windercarpets.co.uk
PRIVACY & DATA PROTECTION
Please visit our website:
www.windercarpets.co.uk/privacy
ERRORS & OMISSIONS EXCEPTED
When supplying information to you, for example, product specification, a quotation and/or an invoice it may contain an error and/or an omission. You accept that this does not bind Winder Carpets to any offer and/or contract.
TRADE CUSTOMERS: All manufacturers and suppliers of goods have differing terms and conditions of supply which ultimately cascades down to each transaction, therefore, before buying a product through Winder Carpets ensure you fully understand the installation guidelines, product specification and product liability information before you make a purchase.
JURISDICTION
This contract shall be subject to English law and shall be subject to the jurisdiction of the English Courts.
Updates
The page was last updated June 2024