Terms & Conditions

Index:
Article 1 – Definitions
Article 2 – Identity of the owner
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions.

Article 1 – Definitions

In these conditions, the following definitions apply:

Reflection period: the period in which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the owner.
Day: calendar day.
Duration of transaction: a distance contract relating to a series of products and / or services, of which the delivery and / or purchase obligation is spread over time.
Durable medium: any means that enables the consumer or owner to store information that is addressed to him personally, in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period.
Model form: the model form for withdrawal that the owner provides that a consumer can fill in when he wants to make use of his right of withdrawal.
Owner: the natural or statutory person who offers products and / or services to consumers at a distance.
Distance contract: an agreement whereby, within the framework of a system organized by the owner for distance selling of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used.
Technique for distance communication: means that can be used for concluding a contract, without the consumer and owner being in the same room at the same time.
Terms and Conditions: the present General Terms and Conditions of the owner.

Article 2 – Identity of the owner

Flooring Tool Kit

Gilmorton Road

Lutterworth

LE17 4DU

United Kingdom

Telephone number: 07938 090039

Mail address: sales@flooringtoolkit.co.uk

Article 3 – Applicability

These general terms and conditions apply to every offer from the owner and to every distance contract and orders between owner and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the owner and they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, by derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
In case the specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the contract and these conditions remain intact, and the concerning stipulation will be replaced by a provision that the intention of the original approaches as much as possible.
Situations that are not regulated in these general terms and conditions must be assessed ‘to the spirit’ of these general terms and conditions.
Obscurities about the explanation or content of one or more provisions of our terms and conditions, should be explained ‘to the spirit’ of these terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligations. The owner is entitled to amend and adjust the offer.
The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to make a proper assessment of the offer possible by the consumer. If the owner uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the owner.
All images, specifications and information in the offer are indicative and cannot lead to compensation or dissolution of the contract.
Products with images are a true reflection of the products offered. Owner cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that is clear to the consumer on what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes.
the possible costs of shipping.
the way in which the contract will be concluded, and which acts are necessary for this.
whether or not the right of withdrawal applies.
the method of payment, delivery, and execution of the contract.
the period for accepting the offer, or the period within which the owner guarantees the price.
the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the used means of communication.
whether the agreement is filed after the conclusion and, if so, how it can be consulted by the consumer.
the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary.
any other languages in which, in addition to Dutch, the contract can be concluded.
the codes of conduct to which the owner has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a duration of transaction.
Optional: available sizes, colours, type of materials.

Article 5 – The contract

The contract is, without prejudice to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the corresponding conditions.
If the consumer has accepted the offer electronically, the owner will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the owner, the consumer can dissolve the agreement.
If the contract is concluded electronically, the owner will take appropriate technical measures and organisational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the owner will observe appropriate security measures.
The owner can – within the legal frameworks – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the owner based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, and he is entitled to attach special conditions to the execution.
The owner will send the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the business location of the owner where the consumer can go to with complaints.
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
the information about guarantees and the existing service after purchase.
the information included in article 4 paragraph 3 of these conditions, unless the owner has already provided this information to the consumer before the execution of the contract.
the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
In case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Each contract is concluded under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When delivering products:

When purchasing products, the consumer has the option to terminate the contract without giving any reasons within 14 days. This reflection period commences on the day following the receipt of the product by the consumer or a representative who is predesignated by the consumer and who is announced to the owner.
During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product or not. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the owner, in accordance with the reasonable and clear instructions provided by the owner.
When the consumer wishes to make use of his right of withdrawal, he is obliged to announce this to the owner within 14 days after the receipt of the product. The consumer must announce this by means of the model form. After the consumer has announced that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
If the customer has not announced that he wishes to make use of his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or the consumer has not returned the product to the owner, the purchase is a fact.

When delivering services:

When providing services, the consumer has the option to terminate the contract without giving any reasons for at least 14 days, starting on the day of concluding the contract.
In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the owner with the offer and / or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the consumer will bear the costs of returning the goods.
If the consumer has paid an amount, the owner will refund this amount as soon as possible but no later than 14 days after the cancellation. However, the condition is that the product has already been received by the merchant or that conclusive proof of the complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly authorizes another payment method.
In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for the depreciation of the product.
The consumer cannot be held liable for the depreciation of the product if the owner does not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the sales contract.

Article 8 – Exclusion of right of withdrawal

The owner can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the owner has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
that has been created by the owner in accordance with the specifications of the consumer;
that are clearly personal in nature.
which cannot be returned due to their nature.
that can spoil or age quickly.
of which the price is subject to fluctuations in the financial market on which the owner has no influence.
for loose newspapers and magazines.
for audio and video recordings and computer software of which the consumer has broken the seal.
for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, restaurant services or to perform leisure activities on a certain date or during a certain period.
of which the delivery commenced with the express consent of the consumer before the reflection period has expired.
regarding bets and lotteries.

Article 9 – The price

During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the owner can offer products or services with variable prices, in case of prices that are subject to fluctuations in the financial market and on which the owner has no influence. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the owner has stipulated this and:
they are the result of statutory regulations or stipulations; or
the consumer has the authority to terminate the contract with effect from the day on which the price increase starts.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing errors. No liability is accepted for the consequences of printing errors. In case of printing errors, the owner is not obliged to deliver the product at the mistaken price.

Article 10 – Conformity and Warranty

The owner guarantees that the products and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements of virtue and / or usability and the existing statutory provisions and / or government regulations on the date of the conclusion of the contract. If agreed, the owner also guarantees that the product is suitable for other than normal use.
A warranty provided by the owner, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the owner based on the contract.
Any defects or incorrectly delivered products must be reported to the owner in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in a new condition.
The warranty term of the owner is consistent with the warranty term of the manufacturer. The owner is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

The consumer has repaired the delivered products himself and / or processed or if the consumer has it repaired and / or processed by third parties.
The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the owner and / or are handled on the packaging.
The defect in whole or in part is the result of regulations that the government has made or will make regarding the nature, or the quality of the materials used.

Article 11 – Delivery and execution

The owner will take the most possible care when receiving and executing orders of products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has announced to the company.
With due regard for the provisions in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive a notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to a compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to a compensation.
In case of dissolution in accordance with paragraph 3 of this article, the owner will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
If the delivery of an ordered product appears to be impossible, the owner will endeavour to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the owner.
The risk of damage and / or loss of products rests with the owner until the moment of delivery to the consumer or a predesignated representative that is announced to the owner, unless expressly agreed otherwise.

Article 12 – Duration of transactions: duration, cancellation and extension

Cancellation

The consumer can terminate a contract that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due regard for the agreed cancellation rules and a period of notice of up to one month.
The consumer can terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due regard for the agreed cancellation rules and a period of notice of at most one month.
The consumer may, in the agreements that are mentioned in the previous paragraphs:

cancel at any time and not be limited to termination at a specific time or in a given period.
at least cancel in the same way as they were entered into by him.
always cancel with the same period of notice as the owner has stipulated for himself.

Extension

A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
Contrary to the previous paragraph, a contract that has been concluded for a definite period and which extends to the regular delivery of daily papers, newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can cancel this extended contract before the end of the extension with a period of notice of no more than one month.
A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a period of notice of no more than one month and a period of notice of at most three months in case the contract extends to the regular, but less than once a month, delivery of daily papers, newspapers and magazines.
A contract of limited duration of the regular delivery of daily papers, newspapers, and magazines (trial or introductory subscription) cannot be tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time with a period of notice of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in article 6 paragraph 1. In case of a contract to provide a service, this period shall start after the consumer has received the confirmation of the contract.
The consumer has the duty to report inaccuracies in provided or stated payment details to the owner without delay.
In case of default by the consumer, the owner has the right, subject to statutory restrictions, to charge the reasonable costs that were announced prior to the consumer.

Article 14 – Complaints procedure

The owner has a well-publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
Complaints about the execution of the contract must be submitted fully and clearly described to the owner within 7 days, after the consumer has discovered the defects.
Complaints submitted to the owner will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the owner will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
In case of complaints, a consumer must first turn to the owner. It is also possible to file complaints via the European ODR platform.
A complaint does not suspend the obligations of the owner, unless the owner indicates otherwise in writing.
If a complaint is found to be well-founded by the owner, the owner will replace or repair the products to the consumer it’s choice or the delivered products free of charge.

Article 15 – Disputes

Contracts between the owner and the consumer to which these general terms and conditions apply are governed exclusively by English law. Even if the consumer lives abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – Additional or deviating provisions.

Additional or deviating provisions from these terms and conditions may not be at the expense of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Terms & Conditions

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