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Terms and Conditions of Sale

1. Interpretation
In these terms and conditions Customer means the person or persons purchasing the goods as detailed on the Invoice/Order Confirmation. The Goods means the goods described on the Invoice/Order Confirmation. Contract means the contract for the sale by the Company to the Customer of the Goods constituted by these terms. The Company means COMFY FLOORS LTD. Registered Office 53-57 Beckside Road, Bradford, BD7 2JN. The Installer means the self-employed carpet/ laminate fitter. The headings are for convenience only and do not affect interpretation. The Website means the transactional website operated by the Company (www.comfyfloors.co.uk). Special Items mean any Goods that are not held in stock by the Company and are ordered/manufactured specifically for the Customer.

2. Legal Title
The legal title to the Goods shall remain in the property of the Company until any monies whatsoever which are owing to the Company by the Customer have been paid. The Company reserves the right for its agents, servants and/or employees to enter the premises of the Customer and repossess the Goods, in the event of non-payment of the outstanding balance.

3. Basis of the Sale
The Goods are sold by the Company on the terms contained in the Sale of Goods Act 1979 except as expressly varied by these terms. Orders placed on the Website are further governed by the Consumer Contracts Regulations 2013. No change may be made to the Contract unless agreed in writing by the Company.

4. Orders and Specifications
The Company may make any changes in the specification of the goods which are required to conform with the relevant safety or other statutory requirements or which do not materially affect their quality or performance. Orders placed through the Website that are cut to size to match the Customer’s measurements are exempt from the statutory 14 day cooling off period under section 28(1)(b) of the Consumer Contracts Regulations 2013. Due to the intimate nature of Beds, these items are exempt from the statutory 14 day cooling off period under the Consumer Contracts Regulations 2013 when they have been unsealed. Therefore, for reasons of health and hygiene any beds, mattresses or bedding that has been unsealed will be deemed to be used and cannot be returned for any reason other than a manufacturing fault.

5. Where Goods are ordered and leave the store
The Company is not liable for a refund, but may offer a credit note after any cancellation charges have been applied. At the discretion of the Store Manager, unopened packs of laminate flooring can be returned for a full refund.

6. Cancellations
If any Contract is cancelled by the Customer prior to delivery, the Customer will be liable to pay the Company 20% (special price Contracts 30%) of the price of the Goods to cover expenses incurred and this will be deducted from any deposit or advance payment paid by the Customer. The Contract cannot be cancelled by the Customer after delivery. The Company may cancel the Contract at any time before it notifies the Customer that the Goods are ready for delivery/collection if it is unable to fulfil the Contact due to any cause beyond its control. In this event, the Company’s only liability is to refund any deposit or advance paid by the Customer.

7. Price of Goods
The price of Goods provided by the Company is set out on the Invoice/Order Confirmation.

8. Fitting Services
The Company acts as agents for local independent self-employed floor covering installers and arrange for one of these to deliver and/or fit your purchase under a separate agreement between you and the Installer. The Company retains full responsibility for its products and services, the Installer is responsible for the standard and quality of the work and any liability arising from the installation. When purchasing directly in store, the fitting charge will be payable direct to the Installer on completion of the work to ensure satisfactory fitting. (unless agreed otherwise) Rooms should be clear of furniture and of old carpets/ flooring. By continuing with your purchase you confirm your acceptance of this agreement and, if required, will make payment direct to the Installer as shown on your Invoice. (must be agreed in advance)

9. Terms of Payment
Full payment for Goods and services detailed on the Invoice/Order Confirmation prior to delivery/collection of the Goods. If payment for fitting of flooring is payable directly to the Installer, this will be subject to a separate contractual agreement. If the Customer wishes to pay using the credit facilities offered by the Company, payment will be made as set out in the credit agreement entered into by the Customer. All Prices and charges on the Website are in GBP and include any VAT payable at the prevailing rate.

10. General
Although the Company will always endeavour to meet all delivery or collection agreements, no liability will be accepted by the Company for a claim of compensation should the agreed date be extended from the original agreement made.

No liability is accepted by the Company in respect of the Goods supplied by the Company in accordance with the Customer’s own specification and/or measurements. Nothing contained within these Terms and Conditions of Sale does, nor will, affect your statutory rights.

All cut pile carpets, whatever the quality, method of constructions or pile content, may show a shading effect when in use (and in some cases even without wear) though when and where it will occur cannot be predicted. Variously referred to as Water Marking, Pooling, Tracking or Pile Pressure shading is characteristic of all textile materials with a pile or nap, but the effect is especially noticeable on plain velvet carpets or carpets with a high proportion of open ground in the pattern. Areas of shading are irregular in shape and size and have a darker appearance than the surrounding carpets when seen from one angle of the pile, which may be permanent. The shading affect, which may be accentuated by room lighting or certain areas of frequent use, does not affect the quality of wear/life of the carpet and is not a fault in manufacture.

When carpets are selected from samples it is occasionally found that variations occur in colour to the actual carpet supplied. Every effort will, of course, be made to ensure as exact a match as possible, but no guarantee of matching can be given.

The sizes as quoted for the width of a carpet are approximate. This can vary due to several factors and the tolerance conforms with British Standards Institute No. 3655 allowing for a variation of ±1.25%.

In the case of partial completion of an order, which may occur for a variety of reasons, the Company shall be entitled to payment proportional to the amount of goods supplied and work carried out.

Website promotions can be used once per order. A promotion may not be used in combination with other promotions.

11. Cleaning
The Company recommends that carpets should be cleaned by professionals. A dry cleaning method only should be used when cleaning woven carpets such as Wiltons and Axminsters as any other method of cleaning may result in the carpet shrinking or distorting.

12. Faulty Goods
Complaints relating to faulty Goods should be notified in writing within 7 days of the fault becoming apparent and should be addressed in writing to COMFY FLOORS LTD or by e-mail to comfyfloorz@gmail.com. In the rare event that Goods develop a fault, the Company retains the right to have the Goods repaired or replaced at the Company’s discretion, and any delivery costs associated with the exchange of faulty Goods will be met by the Company. Where Goods are reported as faulty later than seven days after delivery, the Company reserves the right to arrange an independent inspection and if the Goods are found on inspection to not be faulty by the result of fair wear and tear, negligence or wilful damage, the Company retains the right to make a reasonable charge to cover the cost of the independent inspection. The Customer and the Company shall both agree to be bound by the results/findings of the independent inspector.

13. Fraud Prevention (Online Only)
The Company retains the right to investigate any order placed on the Website that it suspects to be fraudulent, any such order will not be delivered until it is proven that that the order is bona fide. Should the Company be unable to prove that an order is bona fide or to contact the Customer then the monies will be refunded using the original payment method used to place the order and the order will be cancelled.

For the Customer’s protection, to ensure that the credit, debit or charge card is not being used fraudulently, the Company will validate the Customer’s name, address and other personal information supplied during the order process against appropriate third party databases. By accepting these terms and conditions the Customer consents to such checks being made. In performing these checks personal information provided by the Customer may be disclosed to a registered Credit Reference Agency that may keep a record of that information. Please be assured that this is only done to confirm the Customer’s identity. A credit check is not performed and their credit rating will be unaffected. All information provided by the Customer will be treated securely and strictly in accordance with the Data Protection Act 2018.

14. Description of Goods (Online Only)
The description of the Goods will be as specified within the confirmation e-mail and it is the Customer’s responsibility to check that the Goods specified are as the Customer intended to order.

All sizes given are approximate and the Customer should satisfy themselves that the Goods will fit into the delivery address. The normal bed and mattress sizes (i.e. 3'0" single 4'6" double and 5'0" king) refer to the sleeping surface only and the Customer should check the overall dimensions given for each product.

All orders for flooring are made using the Customer’s own measurements and the Company will not accept any liability for flooring that is deemed of an incorrect size. It is advised to utilise our Free Estimate & Measure service to ensure that the correct size of flooring is ordered.

There may be certain items included in the illustration of a product which are not part of the product and are not included in the product description and are not part of the order, (for example, bedside tables, lamps, headboards and bed covers).

Independent Installer Terms and Conditions of Sale

1. Interpretation
In these terms and conditions Customer means the person or persons purchasing the goods as detailed on the Invoice/Order Confirmation. The Goods means the goods described on the Invoice/Order Confirmation. Contract means the contract for the sale by the Company to the Customer of the Goods constituted by these terms. The Company means COMFY FLOORS LTD. The Installer means the self-employed carpet/ laminate fitter. The headings are for convenience only and do not affect interpretation. The Website means the transactional website operated by the Company (www.comfyfloors.co.uk).

3. Basis of the Sale
The fitting and delivery services for flooring provided by the Installer are supplied under a separate contract from the supply of Goods to the Customer by the Company. The Company is not responsible for the delivery or fitting of the Goods to the Customer.

4. Terms of Payment
For direct in store orders, full payment for the fitting services is due upon fitting and is payable by cash or cheque directly to the Installer (unless agreed otherwise).

5. General
No responsibility is accepted by the Installer for damages to underfloor piping, cabling etc (unless the exact locations of any obstructions are given in writing prior to the installation).

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