Terms and Conditions

Terms and Conditions

Welcome to M.L Carpets Direct terms and conditions for use. These terms and conditions apply to the use of the website at mlcarpets.direct Act 1999 to enforce any term of this contract but this does

By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.

Using this website indicates that you accept these terms regardless of whether you choose to order from us. If you do not accept these terms, please do not use this website.

1. 1. General Information

The mlcarpets.direct website is operated by:

ML Carpets and Flooring Ltd
223 Salisbury Road
Totton
SO40 3PF

E-mail: [email protected]
Telephone No: (023) 80 367098

2. 2. How to conclude a contract with us using this website

These are the steps you need to take to conclude a contract with us:

(1) Make sure you have read and understood our terms. It is your responsibility to read the legal terms on our website carefully and to raise any problems with us before you place your order. This includes these terms and conditions, our terms and use and our privacy policy.

(2) Browse our information

This website contains information about our goods which you will need to know before you place your order including descriptions of our goods, current prices including VAT, delivery and returns policies.

The information about the goods on our website constitutes an “invitation to treat” and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that in no circumstances will we be contractually bound to supply you with goods based on any incorrect information, even if that information is repeated in your order.

(3) Select the goods you wish to purchase

You can select any items you wish to purchase by clicking on the “add to basket” link. You will be taken to your shopping basket whenever you add a new item, but you can also view the contents of your shopping basket by clicking on the “view basket” link. The shopping basket screen lists your current selection of items with description, price and current subtotal. You can edit the contents of your basket and remove any input errors by removing items or changing quantities.

(4) Making a Purchase

To purchase the items in your basket and proceed with your order using our secure online purchasing facility, click on the “Checkout” button on the shopping basket screen. You will then be given the option to enter your email address and password if you are an existing user of the site, or you can choose to pay directly. You will then be transferred to our secure server provider Sagepay to complete your order.

You will be asked to provide certain information we need to enable us to process your order such as your preferred delivery address and payment details. Your responsibility is to provide us with enough information to process your order.

We will acknowledge receipt of your order by email. This is not our acceptance of your order, but confirmation that it has been received.

(5) Wait for acceptance of your order

You may not assume we have accepted your order until we send you an acceptance by email. Only when you receive our acceptance will we have a binding contract between us.

You may receive an acknowledgement from our payment processor advising you whether your credit or debit card payment has been authorised. This acknowledgement relates to your payment only and is not our acceptance of your order.

We will be entitled to refuse to accept your order if in our sole discretion, we consider it necessary.

We must receive payment in full before your order can be accepted. If we refuse your order, we will let you know as soon as we can. If we accept your order, we will inform you without undue delay.

Once we have entered a contract with you, we shall supply you with the items specified in your order in accordance with the terms of the contract.

3. 3. Other information about the Contract

We can only conclude the contract with you in English and not in any other language.

The contract between us will consist of (1) these terms and conditions together with our terms of use and privacy policy, (2) your order and (3) our acceptance. We will not file the concluded contract between us online and you should therefore print out and retain copies of each element of the contract.

1. 1. Price – The prices payable for goods that you order as well as any applicable VAT are as set out on our website.

1. 1. Cancellations & Returns

Goods can be returned within 14 days of delivery should it be unsatisfactory. The flooring must be returned undamaged, in its original condition and packaging. You are responsible for the cost of returning the item (unless the item was received in a damaged condition).

Once we have received the item and are happy it has been returned in the same condition as it was dispatched, we will issue you with a full refund on the purchase price, minus our delivery costs.

Please note, whilst every effort is made to reproduce the appearance of each product accurately – we cannot accept any responsibility for any colour misrepresentations. Different colour display settings on computer monitors can influence the appearance of colours in our images.

1. 1. Our rights to cancel the contract

We may cancel the contract between us if:

the goods you have ordered are unavailable for any reason;

we do not deliver to your area; or

one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your contract for either of these reasons, we will notify you by e-mail and provide you with a full refund. We will not be obliged to offer any additional compensation for the disappointment suffered.

• • Delivery of goods to you

4. 4. Our liability to you

4. 4. Your remedy for damaged goods

In the unlikely event that the goods we deliver are not what you ordered or are damaged / defective, or the delivery is of an incorrect quantity; you must notify us within 7 days of receiving it.

We will then, at our option:

make good any shortage or non-delivery; or

replace any item that following our inspection are damaged or defective; or

refund the amount paid by you for the goods in question.

1. 1. Limitations on our liability to you

You are responsible for observing and complying with all applicable regulations and legislation, which affect your purchase and subsequent use of our goods. This includes obtaining all necessary customs, import or other permits to purchase goods from our site. Certain national laws may prohibit the importation or exportation of certain of our goods to you.

We make no representation and accept no liability in respect of the export or import of the goods you purchase.

To the extent that law permits us to do so, we exclude all our liability to you for any direct, indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem relating to the goods you buy from us, other than the remedies listed in paragraph c above.

If a court does decide we are liable to pay you compensation, that compensation will be limited to the amount paid by you for the goods in question.

Please note that nothing in this section of these terms and conditions (or in any other section) is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or for fraudulent misrepresentation.

5. 5. Things you should know

5. 5. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, act of god, explosion or accident.

1. 1. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

1. 1. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

1. 1. Third-party rights

A person who is not a party to this contract has no right under the UK Contracts (Rights of Third Parties) not affect any right or remedy of a third party that exists or is available apart from that Act.

1. 1. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

1. 1. Entire agreement

These terms and conditions together with our terms of use and privacy policy, your order and our acceptance set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Except for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Carpet General Terms

YOUR CHOICE:
Please make sure that your choice of materials is the correct quality intended for location and use. All carpets will flatten with use.
MEASURING AND ESTIMATING:
All measurements taken by M.L.Carpets and Flooring Ltd are done so with the purpose of correctly quoting and then ordering your floor. These remain the property of M.L.Carpets and Flooring Ltd. Should you place an order based on your own measurements, we are unable to accept any responsibility if the incorrect quantity is ordered. If a shortfall occurs and a new piece of flooring needs to be ordered any additional charge incurred will be added to the invoice.
DELIVERY TIMES:
The delivery dates quoted are approximate only and therefore are provisional until your goods have been safely received from the manufacturer(s).
DELIVERY CHARGES:
Delivery is stated during order of the item online.
CUSHION VINYL FLOOR COVERING:
Please be advised that heavy objects will cause varying levels of indentations to cushion vinyl. Depending on the quality of vinyl if heavy items are dragged across it, it will scratch/dent or tear
FLUFFING/SHEDDING:
When a carpet is new loose fluff may appear on the surface. This represents only a minute proportion of the fibre in the pile and will gradually disappear with gentle vacuuming. Cut pile carpets will shed loose fibres, whereas loop pile carpets will show small balls of fibre. This is known as ‘pilling’.
SPROUTING:
A single tuft rising up from the pile surface is called a sprout and this should be trimmed down to the level of the surrounding pile using a pair of scissors. DO NOT attempt to pull these tufts as this could cause a hole in the carpet.
FADING ON WOOL:
Carpets made from wool can and do fade in use. The degree of fade can vary depending on the chosen colour and the local conditions to which the carpet is subjected. Fading can be caused by exposure to ultra-violet light which is found in daylight but is accelerated when sunlight shines directly onto the carpet. This has the effect of lightening or ‘bleaching’ the colour just as exposure to sunlight will lighten human hair. Protection should be given to carpets exposed to such conditions by the use of curtains or blinds just as you would protect other furniture or fabrics.
BERBERS AND HEATHERS:
Natural yarns are randomly blended to give Berber and Tweed effect carpets their flecked look. Because of this, there may be a lined effect not seen in a sample, which is the natural characteristic of Berbers and not a fault.
VISIBLE BANDS ACROSS THE CARPET:
Known as roll pressure marks, these result from the manufacturing of large, heavy rolls of carpets, that when resting in the warehouse racks are subjected to considerable sustained pressure. As a result crush lines are often visible when first unrolled. This is quite normal and unavoidable and should not cause concern. The lines will disappear within a few weeks of normal use and can be assisted by thorough and regular vacuuming. IF this does not disappear please do not hesitate to contact the office.
PILE REVERSAL (SHADING):
Cut pile carpets may be subject to permanent pile reversal. That is, the pile in certain parts of the carpet become permanently bent or distorted for no apparent reason. This is a natural phenomenon, not a fault with the manufacture.