1. Our Terms. These terms 1.1 What these terms cover. These are the terms and conditions on which we hire products to you. 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these, please contact us to discuss.
2. Information about us and how to contact us 2.1 Who we are. We are Pay Per Week Carpets and Beds. Our company registration number is 05265615 and our registered office is at Moorhead House, Moorhead Way, Off Bawtry Road, Bramley, Rotherham, S66 1YY. Our registered VAT number is 135531922. 2.2 How to contact us. You can contact us by telephoning our customer service team on free phone 0800 122 3144 or by writing to us at email@example.com. 2.3 How we may contact you. 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 provided to us in your order. 2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you 3.1 How we will accept your order. Our acceptance of your order will take place when you sign the completed order form, at which point a contract will come into existence between you and us. 3.2. If we are unable to fulfil your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. 3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products 4.1 Products may vary slightly from their pictures and samples. The samples of products you have seen and the images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations and we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those samples and images. 4.2 Carpet samples. The samples provided to you are intended to give a general impression of the colour and pattern. When fitted to a larger area some patterns and random blends of yarn can have an inherent striped effect, or additional patterns and colours which may not be obvious from the sample. Colours vary from batch to batch and exact matching between separate pieces cannot be guaranteed. 4.3 Product packaging may vary. The packaging of the product may vary from that shown in images in our brochure and on our website.
5. Your rights to make changes If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8, Your rights to end the contract).
6. Our rights to make changes 6.1 Minor changes to the products. We may change the product: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements.
7. Providing the products 7.1 Delivery costs. The costs of delivery will be as notified to you before you place your order. 7.2 When we will provide the products. Estimated delivery and/or installation dates are given in good faith but are not guaranteed times and should not be relied upon as such If the expected delivery time is likely to, or does, exceed 30 days you will be able to cancel your order if you wish and receive a full refund. 7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. 7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. 7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 10 will apply. 7.6 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10 will apply. 7.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us. You shall insure the products with a reputable insurance company in respect of accidental damage, theft, storm and flooding. 7.8 When you own goods. You will never own a product that you hire from us and acknowledge that we remain the owner of such products. You agree not to use the products as security for a loan or other form of credit and agree not to hire the products to anyone else or otherwise dispose of them. 7.9 Checking the products on delivery. Please check that the products you receive are the ones you ordered, the correct colour and size, and that they are examined for apparent faults or damage at the time of delivery and before installation/assembly. If on inspection you have any doubts please contact us immediately. 7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been notified to you before you place your order. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to: (a) deal with technical problems or make minor technical changes; (b) update the product to reflect changes in relevant laws and regulatory requirements; (c) make changes to the product as requested by you or notified by us to you (see clause 6). 7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the hire payment so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 3 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8. Fitting 8.1 We do not fit the products. We act as agents for independent self-employed floorcoverings installers and can arrange for one of these to deliver and/or fit your purchase under a separate agreement between you and them. We regularly assess the quality of work undertaken by our recommended floorcoverings installers and ensure they have the necessary credentials to represent us. We retain full responsibility for the products and services we supply and the deliverer/installer is responsible for the standard and quality of, and any liability arising from, delivery and/or installation. 8.2 Delivery and fitting is chargeable. These charges may be payable to the company or the contractor and are quoted for the products shown on the order only. If you require additional fitting services, for example; uplift and disposal of old floorcovering, floor screed, carpet edge whipping etc., these can be agreed with the fitter in advance and quoted for separately on your order. 8.3 Removal of old carpets and floor coverings. It is your responsibility to uplift your existing flooring prior to the fitter’s arrival. The fitter will then bag up any carpet remnants from your new flooring and leave them for you to dispose of. If you would like to keep any offcuts, please advise your fitter upon arrival at your home. The fitters will move up to five pieces of empty furniture from your room. Please ensure that these items contents are cleared prior to the fitting date to avoid any delays or inconvenience with your fitting. This does not include white or electrical goods or items over 4ft in height. 8.4 Doors may need to be trimmed to allow clearance. This is not part of the standard fitting charge unless agreed in advance. Fitters may remove doors to facilitate fitting and have them ready for you or your appointed carpenter to carry out the trimming and re-hanging. If you have fire doors that require trimming, this will need to be carried out by a specialist carpenter and this is not a service provided by us. We are also unable to remove fire doors and so arrangements should be made prior to the fitting date. 8.5 Fitting appointments. Fitting appointments are made in good faith but the exact arrival and duration times cannot be guaranteed due to the nature and unpredictability of the work involved. We cannot accept liability for delayed arrival, but you can be assured that the fitters will complete your work even if it exceeds the expected time allocation. 8.6 What if your property is damaged? Fitters undertake to carry out their work with reasonable skill and care, but even with the greatest care home décor may be marked or scuffed during the fitting process. New paintwork and wallpaper is especially vulnerable and should be allowed to fully dry. A minimum of two weeks is recommended. Neither we nor any fitter undertake to carry out any redecoration, except where damage has been caused by that person’s negligence.
9. Your rights to end the contract 9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have hired, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or miss 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) ; (b) If you want to end the contract because of something we have done or have told you we are going to do ; (c) If you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; (d) In all other cases (if we are not at fault and there is no right to change your mind). 9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2); (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; (c) there is a risk that supply of the products may be significantly delayed because of events outside our control; (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or (e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.8). 9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 9.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of: (a) services, once these have been completed, even if the cancellation period is still running; (b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and (c) any products which become mixed inseparably with other items after their delivery. 9.5 How long do I have to change my mind? you have 14 days after the day you place your order.
10. How to end the contract with us (including if you have changed your mind) 10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: (a) Phone or email. Call customer services on free phone 0800 122 3144 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address. (b) Online. Complete the form on our website. (c) By post. Write to us at Moorhead House, Moorhead Way, Off Bawtry Road, Bramley, Rotherham, S66 1YY, including details of what you hired, when you ordered or received it and your name and address.
11. Our rights to end the contract 11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: (a) you do not make any 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; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; (c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or (d) you do not, within a reasonable time, allow us access to your premises to supply the services. 11.2 You must compensate us if you break the contract. If we end the contract, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. 11.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 1 month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided
12. If there is a problem with the product 12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on free phone 0800 122 3144 or write to us at email@example.com.
13. Price and payment 13.1 Where to find the price for the product. The hire payment for the product (which includes VAT) will be the price indicated in on your order form. We take all reasonable care to ensure the hire payment for the product advised to you is correct. However, if we discover an error in the hire payment for the product you order. 13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay in relation to each hire payment. 13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the hire payments we specify may be incorrect. We will normally check hire payments before accepting your order so that, where the product’s correct hire payment at your order date is less than our stated hire payment at your order date, we will charge the lower amount. If the product’s correct hire payment at your order date is higher than the hire payment stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. 13.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Royal Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount. 13.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you 14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987. 14.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. Please also see clause 8.6 above. 14.4 We are not liable for business losses. We only supply the products for domestic and private use. The products are not necessarily suitable for commercial use, particularly where there are different fire safety standards in respect of some commercial uses, with which the products may not comply. If you are acting other than as a consumer then our liability is limited to the cost of replacing any defective product. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of rental income, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information 15.1 How we will use your personal information. We will use the personal information you provide to us: (a) to supply the products to you; (b) to process your payment for the products; and (c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us. 15.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do. 15.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
16. Other important terms 16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. 16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. 16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. 16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Bed Delivery T’s & C’s
MATTRESS FILLINGS: Remember that mattress fillings will settle and compress over the first few months of use. This is normal and what makes your mattress unique to your body shape. This may be more pronounced in more expensive mattresses with more fillings.
All Goods are guaranteed against faulty materials and workmanship for a minimum period of twelve months from the date of delivery.
Complaints relating to faulty Goods should be notified in writing within 7 days of the fault becoming apparent and should be addressed to Customer Services Department, Pay Per Week Carpets and Beds, Moorhead House, Moorhead Way, Bramley, Rotherham, South Yorkshire, S66 1YY or by e-mail to firstname.lastname@example.org In the rare event that Goods develop a fault, Pay Per Week Carpets and Beds retains the right to have the Goods repaired or replaced at Pay Per Week Carpets and Beds discretion, and any delivery costs associated with the exchange of faulty Goods will be met by Pay Per Week Carpets and Beds. Where Goods are reported as faulty later than seven days after delivery, we reserve 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, Pay Per Week Carpets & Beds retains the right to charge £40 for the inspection to cover its costs. This charge will be taken from the debit/credit card used to purchase the Goods. The Buyer and Pay Per Week Carpets and Beds shall both agree to be bound by the results/findings of the independent inspector.
HOME DELIVERY CONDITIONS: Please read carefully.
The Company accepts no responsibility for damage or injury whilst delivering your goods. Please ensure the delivery driver has free and easy access to your property. Customers must ensure that the goods ordered will fit through all doors and that delivery is otherwise unobstructed. All valuables should be safeguarded from accidental damage; this includes any damages to paintwork, flooring, light fittings or picture frames that are obstructing the delivery team. Delivery is made to the room of choice of the customer, if access is clear. Most Goods will require some form of assembly and it is the Buyer’s responsibility to assemble the Goods. Delivery will only be made to the delivery address specified on the original order. Delivery will be deemed to have taken place when the Goods have been delivered to the agreed address (Pay Per Week Carpets and Beds do not need to satisfy themselves that the person accepting delivery at the agreed address is authorised by the Buyer to accept the Goods).