Terms and conditions for the supply of goods to consumers.

These terms are for contracts concluded off-premises (doorstep contracts) as opposed to on-premises or distance contracts.

OUR TERMS

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply 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 terms [or require any changes], please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Flexipay Limited, a company registered in England and Wales. Our company registration number is 12664760 and our registered office is at 724 Capability Green, Luton, England, LU1 3LU

2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 246 5266 or by writing to us at info@flexipaylimited.co.uk or 724 Capability Green, Luton, England, LU1 3LU

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 for your order which we will include in a contract in the form attached.

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 you make an order and how we will accept your order. When we have taken the details of what you wish to order. You will make an order by signing the contract (either electronically or by hand) and sending it back to us by e-mail or post to the address set out in clause 2.2. We will accept the contract by sending it back to you by e-mail or post to the address set out in the contract, at which point a contract will come into existence between you and us. We will send you a copy of the signed copy for your records by e-mail or post.

3.2 If we cannot accept your order. Or we are unable to accept your order; we will inform you of this in writing 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 the affordability check you have supplied does not meet our minimum requirements, 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 a contract number to your order and tell you what it is when we accept your order. It will also appear at the top of the contract. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We only sell to the UK. Our marketing material is solely for the promotion of our products in the UK. Unfortunately, we do not [accept orders from or deliver to] addresses outside the UK.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products 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 images. Although we have made every effort to be as accurate as possible, because some of our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images 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 within 7 days of your signing and dating the contract. 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; this may, for example, affect the materials that we use in the product; and

(b) To implement minor technical adjustments and improvements, for example to address quality control issues. These changes will not affect your use of the product.

7. PROVIDING THE PRODUCTS

7.1 Delivery costs. The costs of initial delivery will be as are included in the overall price for the products.

7.2 When we will provide the products.

(a) If the products are goods. We will contact you to agree a delivery date, which will be within 30 days after the day on which we accept your order.

(b) If the products are one-off services. We will provide the services (by which we mean the fitting and installation) on the date agreed with you during the order process.

7.3 Fitting - 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.

(a) 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.

(b) 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 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. Please ensure that all furniture is cleared prior to the fitting date so to avoid any delays or inconvenience with your fitting this also includes kitchen appliances.

(c) 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.

(d) 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.

(e)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.

7.4 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.

7.5 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. You would incur a charge of £30.

7.6 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 10.2 will apply.

7.7 If you do not allow us access to provide services (such as fitting and installation). 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 10.2 will apply.

7.8 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any reason other than those set out in clauses 7.4 to 7.8 for any goods then you may treat the contract as at an end straight away if any of the following apply:

(a) We have refused to deliver the goods;

(b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 7.7 or Clause 7.8 you can cancel your order for any of the goods or reject goods that have been delivered provided they are the type of goods where you have the right to change your mind and not the type of goods mentioned in Clause 8.4. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods. If the goods have been delivered to you, you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 0800 246 5266 or email us at info@flexipaylimited.co.uk to arrange collection.

7.10 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.

7.11 When you own goods. You own a product which is goods once we have delivered it. However, you will continue to be liable for the balance of payments set out in the contract between us.

7.12 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, for example, where we have agreed that you can supply your own measurements, those measurements. If so, this will have been notified to you before you place your order. We will contact you 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 10.2 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.

7.13 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;

7.15 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. 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 60 days 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. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, 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 mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

(c) If you have just changed your mind about the product, see Clause 8.3. 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), see Clause 8.7.

8.2 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;

(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 60 days; 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).

8.3 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. We have provided a form of these terms for you to use if you wish to cancel the contract. This does not apply to items listed in Clause 8.4 and you will have to pay the costs of return.

8.4 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) Goods that are made to your specifications or are clearly personalised; these include any products that are made or cut to size to fit the specifications of your property or which have been fitted in your property, such as carpets, flooring and blinds or any item that is made or cut to your measurements, or is fitted and installed or is in any way bespoke; and

(b) Services, once these have been completed, even if the cancellation period is still running.

8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If you have bought goods which are not subject to Clause 8.4, you have 14 days after the day you or someone you nominate) signed the sales agreement/ contract.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. If, however, you still owe us money for products that we have supplied to you, you will owe us the full amount of any balance that is yet to be paid under the contract.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 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 0800 246 5266 or e-mail us at info@flexipaylimited.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) By post. Simply write to us at 724 Capability Green, Luton, England, LU1 3LU including details of what you bought, when you ordered or received it and your name and address.

9.2 Returning products after ending the contract. If you end the contract because the product was faulty or misdescribed (see Clause 11) or because of something we did or told you we were going to do (see Clause 8.2) or because you can change your mind and you are within the cancellation period (see Clause 8.3 and Clause 8.4) after products have been dispatched to you or you have received them, you must allow us to collect them from you. Please call customer services on 0800 246 5266 or e-mail us at info@flexipaylimited.co.uk to arrange collection. If you are exercising your right to change your mind you must arrange for the goods to be collected within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

In all other circumstances you must pay the costs of return.

9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be reasonable charges for the collection of similar products.

9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, if the products are goods, your refund will be made within 14 days from the day on which we collect the product back from you.

10. OUR RIGHTS TO END THE CONTRACT

10.1 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, for example, measurements where we have agreed that you can supply them;

(d) You do not, within a reasonable time, allow us access to your premises to supply the services.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 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 (e.g. if you have ordered a fitted carpet and it has not yet been delivered, you will be asked to pay the cost that we have incurred in ordering and paying for the carpet which has been cut to measure your property). If we end the contract in the situations set out in Clause 10.1 and we have delivered any product to you, then you will be liable to pay us the full amount of any balance in respect of that product under the contract.

10.3 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 30 days 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.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 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 at 0800 246 5266 or write to us at info@flexipaylimited.co.uk or 724 Capability Green, Luton, England, LU1 3LU.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example [furniture], the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

Up to 30 days: if your item is faulty, then you can get a refund.

Up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0800 246 5266 or write to us at info@flexipaylimited.co.uk or 724 Capability Green, Luton, England, LU1 3LU to arrange collection.

12. PRICE AND PAYMENT

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on your order form. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 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, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.4 When you must pay and how you must pay. We accept payment with via a payment system with credit cards and debit cards that are compatible with that system. When you must pay depends on what product you are buying:

(a) For goods, you must pay the deposit set out in the contract that we send you for the products before we dispatch them and then the regular weekly payments in accordance with the schedule of payments set out in that contract. We will charge your credit or debit card accordingly.

(b) For services, you must pay the price of the services set out in the contract on the day when they are provided and we will charge your credit or debit card accordingly.

(c) Recurring Payments In signing this part of the agreement you authorise Flexipay Limited to repeatedly charge your debit/credit card details. The card will be debited Weekly/Fortnightly/Monthly on Mon/Tues/Wed/Thurs/Fri/Sat commencing on the date you choose. The amount to be debited each week will be agreed on your sales agreement form. If your payment fails we will try as often as is necessary until we manage to collect the payment.

12.5 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 4% a year above the base lending rate of the Bank of England 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 judgment. You must pay us interest together with any overdue amount.

12.6 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.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 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.

13.2 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 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

13.3 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.

13.4 We are not liable for business losses. We only supply the products for domestic and private use. 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 business, business interruption, or loss of business opportunity.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 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.

14.2 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.

14.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.

15. OTHER IMPORTANT TERMS

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 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. We may not agree if we believe the likelihood of our being paid will be harmed. However, you may transfer our guarantee at Clause 8.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 15.2 in respect of our guarantee. 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.

15.4 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.

15.5 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.

15.6 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.