Terms & Conditions
By placing an order on this website you agree to the following Terms and Conditions:
As a user of this website (referred to as “you/ your”) you acknowledge that any use of this website including any transactions you make is subject to our Terms and Conditions below.
1.1 We reserve the right to change these Terms and Conditions at any time. It is your responsibility to read the Terms and Conditions on each occasion that you use this website, and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
1.2 If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use this website.
1.3 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password (“Password Details”). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion. They are exclusive to you, non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse, you must inform us immediately.
2. Order Process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
2.2 The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from us. Once we have received your order we will check the necessary information such as stock levels and pricing, we will then contact you to arrange a suitable date for delivery.
2.3 Acceptance of your order and the completion of the contract between you and us will take place when we dispatch the products ordered, unless we have notified you that we are unable to accept your order or you have cancelled it.
3.1 Our £10 delivery service is only available to delivery addresses within 20 miles of a Jem Carpets Superstore or Jem Carpets Bed and Flooring Centre. Deliveries are carried out at the discretion of Jem Carpets, and you may be charged more if we deem it necessary.
3.2 Delivery charges and estimated timescales are specified in the Delivery Information section. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We are under no liability for any delay or failure to deliver the products within the estimated timescales.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or the date that the first delivery is attempted by us.
3.4 Delivery is to the nearest kerbside of your address. Some drivers are happy to take items to your front door or into the property upon request, but this is at their discretion and we cannot guarantee that they will do this. We cannot be held liable if any damage occurs as a result of items being taken into the property.
4.1 We take payment from PayPal account at the time that we receive your order, once we have checked your order value, PayPal details, and the stock availability. Goods are subject to availability. In the event that we are unable to supply the goods ordered, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.co.uk
4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, and that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on the product page of this website for your specified size(s) at the time we receive your order. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.4 Payment can be made by PayPal
4.5 Ownership to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.6 All prices are shown in £ sterling and include VAT (where applicable) at the current rates and include the standard delivery charges, unless expressly stated otherwise.
5. Returns, Cancellations and Substitutions
5.1 When ordering from the website you have a right to cancel and return your order up to 28 days after receiving your order. Some products are excluded from this policy for example items which are cut to your bespoke size. Please note you will be responsible for the organisation and cost of returning the item(s) to us. All items must be returned in the same packaging and condition in which they were received by you.
5.2 In the unlikely event that you receive faulty or damaged goods, please contact us and we will arrange for the faulty or damaged goods to be collected and replaced.
5.3 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/ or content made available as part of your use of this website shall remain at all times vested in us and our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal, non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content on this website is strictly prohibited and you agree not to (and you also agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, we will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty of any kind, express or implied statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs, or represents the full functionality, accuracy, reliability of the website we will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss, damage from action taken, or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than expressly provided in these Terms and Conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, Terms and Conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any:
(a) Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings).
(b) Loss of goodwill or reputation.
(c) Special or indirect losses.
(d) Injuries suffered or incurred by that party arising out of, or in connection with the provisions of any matter under these Terms and Conditions.
7.5 Notwithstanding the above, subject to Section 7.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
7.6 Clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of Scotland and any dispute between us will be resolved exclusively in the courts of Scotland. English is the only language offered for the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic use only (exceptions apply and are clearly marked as suitable for contract/ commercial use), if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked websites we are not responsible for the availability of such external sites or resources, and do not review or endorse, and are not responsible or liable(directly or indirectly) for:
(i) The privacy practices of such websites.
(ii) The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources.
(iii) The use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by OnlineCarpets.co.uk
8.6 We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.
8.7 If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected.
8.8 These Terms and Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
8.9 These Terms and Conditions including the documents or other sources referred to in these Terms and Conditions supersede all prior representations understandings and agreements between you and OnlineCarpets.co.uk relating to the use of this website (including the ordering of products) and sets forth the entire agreement and understanding between you and OnlineCarpets.co.uk for your use of this website.
9. Carpet & Flooring Specific Conditions of Sale
9.1 When you receive your flooring, please check it is the correct quality, size, pattern and colour, as that stated on the invoice, and free from damage and / or defects. Once you have cut and/or fitted the item, you are the owner and Jem Carpets cannot be held responsible for any exchanges or fitting costs.
9.2 Please note, we are unable to guarantee an exact colour match on different rolls. If an exact colour match is required please contact us at the time of ordering and we will do all that we can to help. An exact colour match is especially hard to achieve when different widths have been used, or the flooring has been ordered on different dates.
9.3 All pile carpets, especially plain grounds are liable (after they have been in use for some time) to shading, i.e. to show light and dark patched areas. This is due to uneven pressing of the surface by treading. Light and delicately shaded carpets are liable to become soiled with wear and it may appear that the colours have faded. Both tendencies are inherent in all pile fabrics and therefore we cannot accept any responsibility for complaints arising from either of these causes.
9.4 All dimensions are in accordance with British Standards 3655 (1974) +/- 1.25% in width and/or length.
9.5 Whilst every effort is made to deliver goods on the day specified, this service is not guaranteed. We cannot offer compensation as a consequence for late or early delivery. Any information given regarding anticipated delivery times or dates are given in good faith.