Terms & Conditions

These are the Terms and condition on which Barnes Flooring Limited supplies goods and/or services to you.

1. Information about how to contact us

1. We are Barnes Flooring Limited (Company Registration Number: 00553164) whose registered office is at 72 South Street, Bishop’s Stortford, Hertfordshire, CM23 3AZ) provides its services and goods and also purchases goods for its customers on the following terms and conditions.

2. You can contact us by telephoning our customer service representatives on 01279 504316 or by writing to us at info@barnesflooring.co.uk or at the address set out above. Details for our written complaints produced can be requested by writing to us at the above address.

3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your Order Form.

2. The meaning of some words used in these terms and conditions

1. we, us or our is a reference to Barnes Flooring Limited; you or your is a reference to the person to whom we are providing our Services and/or supplying Goods and who is required to pay for the Services we provide and/or the Goods we supply;

2. Goods means the goods we shall buy for you and which you will pay for and any materials, parts, items we need to buy necessarily in order to perform the Services (as set out in the Order Form);

3. Order means your order for the supply of Goods and/or Services, as set out in the order form

4. Order Form means the order form issued to you by us with these terms and conditions setting out a description of the Goods and/or Services included in the Order to be provided to you by us

5. Premises means the place where we will provide the Services; and

6. Services means the fitting and related services we will provide in connection with the Goods to meet your requirements, as agreed between us. The precise Services we will be providing to you will be stated in the Order and as we agree from time to time.

7. Brexit Trigger Event means, at any time after the UK ceases to be a Member of the European Union, an adverse impact on our ability to perform the agreement in accordance with its terms and/or the law to include but not limited to an increase in the costs incurred by us in performing the agreement of at least 5% since the price for the Goods and/or Services was last agreed.

3. Entering into a legally binding contract

1. A legally binding contract between you and us will come into being when we receive a deposit (equivalent to 50% of the cost of the Goods set out in the Order Form) for the purchase of the Goods and/or Services set out in the Order Form, issued to you by us.

2. We suggest that before you pay the deposit, as a result of which you agreed to us providing Goods and/or Services set out in the Order Form that you read through these terms and conditions. If you have any questions concerning them please ask us.

3. You should keep a copy of these terms and conditions for your records.

4. Providing the Services

1. Once we and you have entered into a legally binding contract we will order the Goods and normally start providing the Services to you at the Premises. In some cases, the Services may include us attending the Premises to measure the area where the flooring is to be fitted in advance of the Order and this will be discussed with you on a case by case basis.

2. on delivery of the Goods or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.

3. Our aim is to always provide you with the Services:

1. using reasonable care and skill;

2. in compliance with commonly accepted practices and standards in the flooring industry;

3. in compliance with the relevant laws and regulations in force at the time we are carrying out the Services.

5. Goods and Services

1. You and we shall agree the Goods that you wish us to buy and these Goods will be set out in the Order Form.

2. You and we shall agree the Services that you wish us to provide and these Services will be set out in the Order Form.

3. Once it has been decided what Goods will be bought for and supplied to you and you have paid a deposit of 50% of the value of the Goods, it will not be possible for you to cancel or change what is bought or supplied (except as you are permitted to do so under law or pursuant to the terms of this contract) (see Clause 13)

4. We will store the Goods for three calendar months from the date of their receipt to us, without charge, during which we would expect fitting to take place. In the event that we are unable to allocate a fitter to this contract within this time, we will continue to store the goods at no cost to you until a fitter becomes available. In the event that you delay the delivery of the Goods to the Premises, for any reason, after a period of three calendar months from the date that we receive the Goods, you will be charged a VAT-inclusive storage fee of £10 per item per month on a pro rata basis.

5. Once the Goods are delivered to you at the Premises it will be your responsibility to look after the Goods (and no longer our responsibility to look after the Goods). We will store the goods for a period of three calendar months during which we will be responsible for the Goods. Thereafter we will not be responsible for the Goods after the agreed date of delivery whether or not the Goods have been delivered (unless any damage which the Goods suffer is due to our negligence).

6. Where the Goods include carpet, please note that some carpets have a natural tendency to develop light and dark patches. This is known as shading or pile reversal. This is NOT nor is it recognised as a manufacturing fault. For more information please refer to the flooring factsheet on our website www.barnesflooring.co.uk.

7. Where any Services need to be performed under the terms of the contract between us in relation to the Goods (such as fitting the Goods) we assume that:

1. any supplies of such things as electricity and water are available at the Premises; and

2. all rooms where the Goods are to be installed are clear of furniture and other obstructions, including any existing flooring, unless we have entered into an agreement otherwise (for which additional charges will apply per square metre for lifting existing carpet; per square metre for lifting existing wooden or laminate flooring; per square metre for lifting tiles. We reserve the right to charge additional fees in exceptional circumstances, for example, the discovery of multiple tiled layers or bitumen, per item of furniture, or as advised).

3. In circumstances where no agreement has been entered into for the removal of existing flooring or other obstructions at the Premises and upon attending the Premises to provide the Services, it is discovered that existing obstructions have not been removed, you agree by virtue of these terms and conditions to the removal of said obstructions by us in the process of delivering the Services and to a retrospective charge being raised by us to you, for which you will be liable to pay, in accordance with the charges set out in clause 5 (g) (ii) above.

4. You agree to pay, to the fitter on the day of provision of the Services, the sum set out in the Order Form applicable to the Services.

8. Unless agreed otherwise, we will arrange for the Goods to be delivered to the Premises. We will contact you as soon as is reasonably practicable to arrange fitting following delivery by the supplier of the Goods to us.

9. The Goods will be in accordance with statutory requirements, be of satisfactory quality, meet any description concerning them and be fit for the normal purposes. If there are particular purposes for which the Goods will be used then we need to be made aware of these before the Goods are ordered.

10. Where the Goods include carpet, no charge will be made for stretching carpets where we are notified in writing by you that the carpet needs to be stretched within 6 calendar months from the date of installation. After 6 calendar months from the date of installation, we reserve the right to raise a charge for stretching, at our discretion. Stretching is not a fault. It occurs when a carpet has been installed in a warm environment, following the storage of said carpet in a cooler environment, such as a warehouse.

11. We cannot be held responsible for any effect on the Goods if your sub-flooring at the Premises is damp. You are required to notify us at the date of Order or, in any event before the provision of the Services, if there is any chance that the sub-floor to which the Goods are to be fitted, may be damp. In these circumstances we would recommend carrying out a damp test for you and you can request that we do so. We reserve the right to charge a minimum fee of £30.00 for damp testing. The total charge for damp-testing will depend on the works required.

12. In circumstances where a door requires trimming and where we are instructed to do so by you we will remove any doors which require trimming when providing the Services at a cost of £20 per door or £25 per fire door including trimming and re-hang the doors following provision of the Services.

6. Days and times when we normally provide the Services

1. Unless we agree otherwise we will provide the Services on normal working days and start work no earlier than 8 am and finish work no later than 6 pm. A normal working day for us means Mondays to Saturdays, excluding any bank or other national holidays.

7. Timing

1. Our responsibility to perform the Services and deliver the Goods by particular dates

1. We aim to carry out the Services and the delivery of the Goods by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:

2. we will start performing the Services by a specified date or time; or

3. we will complete the performance of all the Services by any specified date or time; or

4. the performance of any individual part of the Services will be completed by a specified date or time; or

5. the Goods will be delivered at the times or dates specified.

2. What can happen if we cannot start performing the Services or complete performing the Services

1. If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either choose to continue to wait until we can start performing the Services or complete performing them or you can cancel the contract, or part of the contract, as required.

2. Where we have started performing the Services and you decide you wish to cancel the contract you will be liable to pay for the Services we have performed up to the date of cancellation or otherwise that we have a legal obligation to pay for and for the Goods which we have legal obligation to pay for. If you have made payment(s) to us in excess of the amount of the Services we have performed or Goods we have purchased, we will return the difference to you within 7 calendar days of cancellation.

3. What is a reasonable period of time depends on the type of Services we will be performing and the length of time they will take to perform. For example, if you and we believe that the Services will take only a few hours to perform, then if we fail to start performing the Services (eg half a day) then you may have the right to cancel. But if the Services are due to take several weeks to perform, then if we fail to start to perform the Services after a couple of weeks when are due to or we do not perform the Services during a couple of weeks when we were due to, then in such circumstances you may be entitled to cancel the contract.

4. If you cancel the fitting within two working days of the arranged start date, we reserve the right to charge a cancellation fee of 50% of the fitting charge for the fitter’s wasted time.

8. Situations or events outside our reasonable control

1. In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in clause 8 (b) below). Where one of these occurs we will normally attempt to recommence performing the Services as soon the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.

2. The following are examples or events or situations which are not within in our reasonable control:

1. where weather conditions make it impossible or unsafe for us to perform any of the Services;

2. if the Materials or Goods are not delivered on the date or at the time agreed with the supplier of the Materials and/or Goods (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);

3. where you make a change in the Services you wish us to perform (and this results in, eg, us having to do further work or wait for new or different Materials and/or Goods);

4. where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependant on the other provider);

5. where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;

6. where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services; or

7. for other some unforeseen or unavoidable event or situation which is beyond our control.

3. If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:

1. continuing to wait until we are able to recommence performing the Services: if you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or

2. allowing you cancel the contract: if you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation and for any Materials and/or Goods which we have a legal obligation to pay for. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials and/or Goods we have purchased, we will return the difference to you within 7 days of cancellation.

4. If a Brexit Trigger Event occurs, we may:

1. 2. require you to negotiate in good faith an amendment to this agreement to alleviate the Brexit Trigger Event; and

   3. if no such amendment is made to this agreement within 30 days, terminate this agreement by giving the other party not less than 7 calendar days and not more than 14 calendar days written notice.

9. Price and Payment

1. We normally charge for our Goods and Services are on a fixed fee and set out in the Order Form but are subject to any additions set out in these terms and conditions (for example storage, removal of obstructions and doors etc).

2. You will need to pay for any Goods and/or services as follows:

1. by a deposit of 50% of the cost of the Goods at the time of placing the Order set out in the Order Form;

2. The remaining 50% of the value of the Goods to be paid upon receipt of notice from us that we have received the Goods and before the Services are supplied;

3. Payment for our Services must be made directly to the fitter at the start of the first day of performance of the Services at the Premises.

4. Any additional payments falling due by you to us in accordance with works carried out under these terms and conditions, will be invoiced to you after the Services have been completed and payment is due on your receipt of the invoice.

5. All amounts stated (whether orally or in writing) are exclusive of VAT unless stated otherwise, which will be added at the rate currently in force.

6. If you fail to make payment by the date or time we and you agree we may:

1. charge you interest (at a rate of 2% per calendar month pro rata) on any outstanding amounts if those outstanding amounts remain unpaid for more than 14 days from the date of our invoice or when we asked you first to pay them; and/or

2. if the amounts not paid represent more than 10% of the total value of the Services we are to perform for you and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.

7. You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect in the Goods or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.

10. Things you will need to do

1. If we are performing the Services at the Premises then you should:

1. 1. 1. make the areas where the Services are to be performed ready;

      2. remove any items etc which will stop or hinder in the performance of the Services;

      3. protect your items or possessions from the effects of us performing the Services; and

      4. allow us to gain access to the Premises at the dates and times we and you have agreed we will perform the Services.

      5. You will obtain all necessary consents, permissions and approvals before we start performing the Services.

      6. You will make available domestic facilities at the Premises as we reasonably require.

11. Some restrictions and assumptions

1. We will assume that all information, measurements and facts (Measurements) that you provide are accurate and true. We will not accept liability for any loss or damage caused where we reasonably perform our Services in reliance of these. We will be responsible for any Measurements we make or provide following the survey referred to in clause 4 (a) above.

12. Exclusion and limitation of liability

1. We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.

2. We shall only be liable for any loss of damaged suffered by you which is reasonably foreseeable consequence of a breach of this Agreement. In the event that any loss or damage suffered by you relates to your business activities or use of the Premises for commercial purposes then we exclude all liability and in particular we exclude all liability for loss of profits or other economic loss arising of a breach of this contract.

13. Your rights to end the contract

1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how you purchased it, how we are performing and when you decide to end the contract.

2. Carpets, which have been cut to size to meet your requirements under the contract and other bespoke and made-to-measure products fall into a category of tailor-made products under the Consumer Contracts Regulations 2013. You will not therefore be able to cancel your order for any bespoke product once placed, provided that this will not affect your legal rights as a consumer in relation to bespoke and made-to-measure products that are faulty or not as described (see clause 13 (d).

3. Notwithstanding clause 13 (b) above, we will accept the cancellation of your order once placed as long as your notice of cancellation is received within two calendar days starting with the date your order is placed,. Our preferred method of cancellation is by email to info@barnesflooring.co.uk or by telephone on 01279 504316. Your notice of cancellation will be deemed to have been served on and will take effect from the day it is given to us. You can also use the model Notice of Cancellation appended to these terms and conditions to cancel the contract under clause 13 (c).

4. If what you have bought is faulty or mis-described you may have a legal right to end the contract or to get the product repaired or replaced or a service re-performed or to get some or all of your money back. If you have any questions about the Goods or Services, please speak to a member of our staff on 01279 504316 or write to us at info@barnesflooring.co.uk. Alternatively, please speak to one of our staff in-store.

5. If you want to end the contract because we have told you about an upcoming change to the Goods or these terms, which you do not agree to, we have told you about an error in the price or description of the Goods or Services you have ordered and you do not wish to proceed, there is a risk that supply of the Goods may be significantly delayed because of events outside of our control (see clause 8) or you have a legal right to end the contract because of something we have done wrong, including because we have delivered late you have a right to end the contract immediately and we will refund you in full for any Goods or Services which have not been provided and you may also be entitled to compensation.

6. Subject to the provisions of clause 13 (b) above regarding bespoke and made-to-measure products, for most Goods bought over the telephone or by exchange of emails you have a legal right to change your mind within 14 days of receipt of the goods and receive a refund, provided that the goods have not been installed or altered in any way. These rights do not extend to transactions which are completed on-premises even in circumstances where payment is taken by telephone or some or all of the negotiations regarding the terms of the contract occur by telephone or email but do not form part of an organised distance sales scheme.

7. Where you have purchased Services, whether via an organised distance sales scheme or otherwise, you have 14 days after the day we email you to confirm we accept your order to cancel. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

8. To end the contract with us, please let us know by doing one of the following:

1. 1. 1. Phone or email. Call customer services on 01279 504316 or email us at info@barnesflooring.co.uk. Please provide details of what you bought, when you ordered or received it and your name and address;

      2. By post. Complete the form included appended to these terms and conditions and post it to us at the address on the form. Or simply write to us at 72 South Street, Bishop’s Stortford, Hertfordshire, CM23 3AZ including details of what you bought, when you ordered or received it and your name and address.

14 Our right to end the contract

1. We may end the contract if you break it. We may end the contract for Goods or Services at any time by writing to you if:

1. 1. 1. You do not make payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

      2. You do not within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods and/or Services;

      3. You do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us;

      4. You do not, within a reasonable time, allow us to deliver the Goods and/or Services to you or collect them from us;

      5. You do not within a reasonable time allow us access to the Premises to supply the Services.

14. Amendments to the contract terms and conditions

1. We will have the right to amend the terms and conditions of this contract where:

1. we need to do so in order to comply with changes in the law or for regulatory reasons; or

2. we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract.

3. Where we are making any amendment we will give you 30 days’ prior notice (unless the contract is terminated before that period).

15. Contracts (Rights of Third Parties) Act 1999

3. For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

16. Law and jurisdiction

4. This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.