Terms & Conditions

1. Eligibility; Privacy.By accepting an order or paying a deposit you are entering into this contract with us.

Feature Flooring and Blinds Ltd (company No. 11905428, V.A.T. registration no. 234851896).

Our Terms and Conditions of Supply and Fitting Goods are ruled by the requirements of the Consumer Rights Act (CRA) 2015, The Child safety requirements BS EN 13120:2009+A1:2014 and The Alternative Dispute Resolution for Consumer Disputes Regulations 2015.

CONTRACT.

If you place an order on our website, through a catalogue or by a telephone, or with one of our salespeople (either at our premises or elsewhere), the contract will be made when you email us confirmation of acceptance of our quote, or pay the deposit of 50%. By emailing confirmation of acceptance of our quote, or paying the deposit, you are agreeing to our full terms and conditions.

Please note that we cannot refund the deposit on made to measure product due to unforseen delivery delays that we cannot be held responsible for.

GOODS.

The goods you receive from us must be; of satisfactory quality, fit for common purpose or any purpose made known to us, and must meet any description given. Please note that the images of the products we supply in our sales literature

or online are for illustration purposes only and we cannot guarantee that these printed/computer- displayed images will reflect the colour of the goods accurately. Our packaging may also vary.

SERVICES.

If we agree to carry out a service for you, we will ensure that this is carried out using reasonable care and skill.

GUARANTEE.

Details of any guarantee that comes with the goods/services you have purchased are displayed on your invoice.

CHILD SAFETY.

If the goods contain any safety device(s) and/or are to be fitted in accordance with child safety requirements placing an obligation on all businesses to supply and professionally install safe products, then we will be required to fit such device(s). In the event that you should instruct us that you do not wish to have the safety device(s) fitted, we will refuse to install the goods. In such an instance, you will still be liable to pay the full price.

MEASUREMENTS.

If you are providing your own measurements, ensure they are correct and accurate as we cannot accept the return of made-to-measure goods on the basis that the

measurements were incorrectly supplied by you.

 

INSTALLATION.

The price for installation was agreed on the assumptions that; there is going to be one continuous site visit, there is unobstructed access to outside your property for vehicle parking, the area where the goods are to be fitted is unobstructed, surfaces and grounds the goods are to be fixed to are in a good condition allowing us to easily obtain good fixings and with no objects in the immediate working area, there is no asbestos that we would be likely to come into contact with, and that no items under warranties/guarantees will be invalidated by the installation.

We may make a further reasonable charge for the additional time, costs or materials if these conditions are not met. We are not responsible for any loss or damage to your property that is not foreseeable, unless due to our negligence,

or for the cost of repairing any pre-existing faults to your property, or for any damage discovered whilst undertaking the installation. We will not be responsible for carrying out any building work, moving any furniture, clearing access or invalidation of any warranties you do not tell us about in writing before you make your order.

ACCESS.

If we have agreed to install the goods for you and you do not allow us access to premises without having a good reason for this, we may charge you additional reasonable costs incurred to us as a result of this.

If despite our reasonable efforts we are unable to contact you or to re-arrange access to the premises, we may end the contract and you will be liable to pay us a sum up to the price due under the contract.

PRICE.

The price for goods/services is set out in full in the order form and includes VAT. Payments are 50% deposit to order, and the balance on completion.

We will not debit the total price from your debit/ credit card until we dispatch/install the goods; any deposit paid by you will be deducted from the final payment.

FURTHER CHARGES.

If you ordered installation services from us, further charges may apply in case additional and unforeseen circumstances arise.

These will always be notified to you in writing.

Please note that late payments may incur an interest rate set at 2% a year above HSBC base lending rate accruing on a daily basis from the due date until the actual date that you make the payment.

DELIVERY.

The cost of delivery and installation (where applicable) are included in the price Unless stated beforehand.

If you have asked to collect the goods from our premises, you can do so during our opening hours when we notify you that the goods are ready.

If we are delivering to you (this will be within 30 days unless a different date is agreed with you) and no one should be available to take the delivery at your address, we will leave you a note informing you of how to re-arrange delivery. If you do not re-arrange delivery (or collect the goods from us) within a reasonable time, we may charge you for storage costs and any further delivery costs. If despite our reasonable efforts we are unable to contact you to re-deliver or arrange collection within a reasonable time, we may end the contract and you will still be liable to pay us the price due under the contract.

DELAY OUTSIDE OUR CONTROL. If delivery/ installation is delayed by an event outside our control, we will contact you as soon as possible and take steps to minimise the effect of the delay. Provided we do this, we will not be liable for any delays caused by the event, as long as the goods

are still supplied within a reasonable length of time.

YOUR RIGHT TO CANCEL.

  1. a) You may cancel a contract if we have told you about a pricing error/error with a description of the goods and you do not wish to proceed, if there is a risk that supply may be significantly delayed, or you have a legal right to end the contract because of something we have done wrong.
  2. b) If we miss the delivery deadline for any of the goods, you can treat the contract as at an end if;

we have refused to deliver the goods, delivery time was essential, and you have informed us of this at the time of your order and we accepted your order on that basis. Alternatively, you can give us a new deadline for re-delivery that must be reasonable and if this is not met, then treat the contract as at an end. You can then cancel your order for any of the goods or reject any goods that have been delivered already under the contract.

We will then refund your money you have paid for the cancelled goods and their delivery and installation. Goods already delivered to you must

be returned to us at our expense or you must allow us to collect them at our expense.

OUR RIGHT TO CANCEL.

  1. a) We may end the contract at any time in writing to you (including email) if payment due to us was still not made within 7 days of us reminding you it is due, or if you do not, within a reasonable time; allow us to deliver the goods to you, collect the

 

goods from us, or allow us to install the goods (if this was agreed). You will then be in the breach of the contract and still liable to pay us the price due under the contract.

  1. b) If your order is accepted and processed and a pricing error that is obvious, unmistakeable and could have been recognised by you as being

so occurs, we reserve the right to terminate the contract and refund any sum of money you have paid to us.

LIABILITY.

If we fail to comply with these terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking the contract or of our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable, unless due to our negligence. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you placed the order, both we and you knew it might happen, e.g. if you discussed it with us before placing your order.

THIRD PARTIES.

The contract is between you and us. No other person shall have any rights to enforce any of its terms.

COMPLAINTS.

You should inspect the goods and any installation work as soon as conveniently possible and contact us if you believe there is a problem. You can phone us, email us or write to us using our contact details above to inform us of any issues. We will respond to your complaint as soon as possible. In the event that we are unable to resolve the matter to your satisfaction, you may refer the complaint to the British Blind and Shutter Association’s Mediation Service if you are seeking rectification only, or through Small Claims Court.

OWNERSHIP AND RESPONSIBILITY FOR GOODS

The goods supplied/installed by us will become your property once we have received payment for them in full. The goods become your responsibility from the time; they were delivered to the address you gave us, you collected the goods from us, or the time we pass the goods to any third party organised by you.

LEGALITY. English law governs the contract although you can bring proceedings in England, Scotland, Wales or Northern Ireland if you live in those countries.

2. Products and Services.

Certain of the websites function as an online marketplace where visitors can research and submit requests for various flooring types and research different types of home and commercial products and services. You understand and agree that if you submit a request for a product or service or for further information relating to a product or service offered through any of the websites, FFB will share such of your information as may be required in order to match you with selected providers of the products and/or services that you request.

By submitting your contact information to us, you are expressly consenting to be contacted by us or by one or more providers of products and services by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.

3. Modification of These Terms of Service.

FFB reserves the right to change, modify, add or remove portions of these Terms of Service at any time by posting amended Terms of Service. Please check these Terms of Service periodically for changes. Your continued use of any of the websites after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms of Service will be effective immediately and without further notice.

4. License Grants.

Subject to your compliance with these Terms of Service, FFB hereby grants you a personal, limited, non-exclusive, non-transferable revocable license to use the websites for purposes of accessing the information and contacting the providers of the products and services contained therein.

FFB expressly reserves all rights not specifically granted herein, including but not limited to the right to exercise whatever lawful means it deems necessary or appropriate to prevent unauthorized use of the websites.

By using the websites, you hereby grant to FFB a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, royalty-free license to transfer, display, reproduce, distribute, modify and otherwise use your personal and other information, subject to the restrictions set forth herein (including FFB’s Privacy Policy).

5. Prohibited Conduct.

By using the websites, you agree not to:

  • Use the websites for any purpose other than to access the information and contact the providers of the products and services advertised therein;
  • submit, transmit or facilitate the distribution of information or content that is illegal, harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable;
  • attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the websites or bypass the measures we may use to prevent or restrict access to the websites;
  • take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • use any robot, spider, scraper or other similar system to access the websites;
  • impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or
  • submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

6. Ownership & Proprietary Rights.

The websites are owned and operated by FFB. All content displayed on the websites, as well as all visual interfaces, graphics, designs, information, computer code (including source code or object code), software and all other elements of the websites are protected by United States copyright, trade dress, patent and trade/service mark laws, international conventions, where applicable, and all other relevant intellectual property and proprietary rights and laws. Except as otherwise specified on the websites, all content contained on the websites is the property of FFB and/or its third-party licensors. Except as expressly authorized by FFB, you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of such content.

7. Links to Third-Party Sites; Dealings with Third Parties.

The websites may include links or references to other web sites owned or operated by third parties with which FFB may have a relationship. FFB has no control over such third party web sites and, thus, is not responsible for their availability, content or advertising, or any products or services available from such third parties. Your correspondence or business dealings with such third parties are solely between you and such third party. Access and use of such web sites is solely at your own risk.

Your correspondence or business dealings with any third parties, including, but not limited to, business dealings with carpet and grout cleaning companies, or any other product or service provider are solely between you and such third party. FFB is not responsible for any terms, conditions, warranties or representations associated with such dealings or liable for any loss or damage of any sort incurred as the result of such dealings.

By using the websites as directed, you are acknowledging that FFB does not make credit decisions in connection with any product or service offered to you, does not recommend, endorse, warrant or guarantee the products or services of any third party and is not party to any discussions that you may have or agreement that you may make with any third party. FFB does not charge anyone a fee to use the websites.

8. Termination; Exclusive Remedy.

FFB at any time, in its sole discretion, for any or no reason, and without penalty or liability, may terminate your use of the websites and terminate any session. FFB may also in its sole discretion and at any time discontinue providing access to one or more websites. Any termination of access to the websites may be effected with or without prior notice, and FFB will not be liable to you or to any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Your sole and exclusive remedy with respect to any dissatisfaction with (i) the websites, (ii) any term or condition of these Terms of Service or (iii) any policy or practice of FFB in operating any website is to terminate your access to and discontinuing use of the websites.

9. Indemnification.

You agree to indemnify, save and hold FFB and its contractors, employees, agents and its third party suppliers and business partners harmless from any claims, losses, damages and liabilities, including legal fees and expenses, arising out of your use or misuse of the websites, any violation by you of these Terms of Service or any breach of the representations, warranties and covenants made by you herein. FFB reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with FFB’s defense of any such claims. FFB will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. No Warranty; Disclaimers.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FFB AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FFB OR THROUGH THE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE.

THE USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND ANY DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

NONE OF FFB OR ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS WARRANT THAT ANY DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE WEBSITES OR ANY THIRD PARTY WEB SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY OF THE FOREGOING, IF PRESENT, WILL BE CURED OR STOPPED. YOUR USE OF THE WEBSITES OR ANY THIRD PARTY WEB SITES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH WEBSITES.

11. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FFB OR ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITES OR ANY THIRD-PARTY WEB SITE OR ANY OTHER INTERACTIONS WITH FFB, EVEN IF FFB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FFB’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Release.

BY YOUR USE OF ANY FFB WEBSITE, YOU ARE AGREEING TO RELEASE AND DISCHARGE FFB AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS AND EXPENSES OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

13. Dispute Resolution.

In the event of a dispute between you and FFB that arises out of these Terms of Service or any product or service you obtain through the websites (“Claim”), you and FFB agree to resolve that Claim in accordance with the procedures set forth below or as we may otherwise agree in writing. Before resorting to these dispute resolution mechanisms, you must first contact us directly to seek a resolution. If, however, we are unable to resolve our differences informally, FFB will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider chosen by the party seeking arbitration. The ADR provider and the parties must comply with the following rules:

  • the arbitration shall be conducted by telephone or online and be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
  • the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
  • any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

14. Miscellaneous.

14.1 Notice.

FFB may provide you with notices by e-mail, regular mail or postings on any website. Notice will be deemed given twenty-four hours after e-mail is sent, unless FFB is notified that the e-mail address used is invalid. Alternatively, FFB may give you legal notice by mail to a postal address, if provided by you through any website. In such case, notice will be deemed given three (3) calendar days after the date of mailing.

All notices to FFB must be made in writing and mailed to:
Feature Flooring and Blinds
Unit 3, The New Mill,
George St. Milnsbridge
Huddersfield, HD34JD
Attn: Customer Services

14.2 Waiver and Severability of Terms.

The failure of FFB to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by FFB. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms of Service shall remain in full force and effect and the parties agree that such court should endeavor to give effect to the parties’ intentions.

14.3 Choice of Law; Forum.

These Terms of Service shall be governed in all respects by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions.

Any claim or dispute you may have against FFB must be resolved by a court located in Phoenix, Arizona, except as otherwise agreed by the parties or as described in Paragraph 13. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes.

All claims filed or brought contrary to either Section 13 or this Section 14.3 shall be considered improperly filed. Should you file a claim improperly, FFB may recover reasonable attorneys’ fees and costs, provided that FFB has notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.

14.4 Assignment.

You may not transfer or assign any of your rights and obligations under these Terms of Service without the express prior written consent of FFB, give in its sole discretion. However, you acknowledge and agree that FFB may freely and without restriction or limitation assign or transfer any of its rights and obligations under these Terms of Service.

14.5 Entire Agreement.

These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and FFB and govern your use of the websites, superseding any prior agreements between you and FFB. Notwithstanding the foregoing, you also may be subject to additional terms and conditions that may apply when you use or purchase certain products and/or services provided by FFB or one of FFB’s third party business partners.

The following paragraphs shall survive termination or your refusal to continue to use the Service: 4, 6, 7, 8, 9, 10, 11, 12, 13 and 14.