These Terms and Conditions and any documents referred to herein set out the terms and conditions on which you are permitted to use our website, www.avanaflooring.co.uk (our website). By using our website, you agree to be bound by, and to comply with, these Terms and Conditions.
THESE TERMS & CONDITIONS ARE EFFECTIVE FROM 1ST September 2020
AVANA FLOORING (we, our and us) operates the website.
AVANA FLOORING is a mobile flooring showroom which is based in the United Kingdom. Our registered address is Avana Flooring, The Oaks, Lordings Road, Billingshurst, Sussex, RH14 9JE.
Your use of the services and product are at your sole risk. The Products are provided on an “as is” and “as available” basis.
You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, cost of procurement of substitute products, or other intangible loss, resulting from:
1. The products.
2. The results of the products.
3. The use or the inability to use the products.
4. Any other matter relating to the products.
Following Products/services are provided by us, which may alter by
us any time on our website and catalogues.
· Luxury Vinyl Tiles.
· Laminate flooring.
· Engineered Wood Flooring.
· Artificial grass.
The prices along with the products shall be available through our quotations provided by us. All prices are applicable on the date of acceptance of your order and as set out in your invoice. We reserve the right to change the prices of the products at any time with prior notice.
ORDERS, DELIVERY & ACCEPTANCE:
There is no contract between you and us until we accept your order. Each order is a separate contract and you are responsible for ensuring the accuracy of the order submitted and for giving us all the information we need to process the order.
You must not cancel any order you have placed with us except by giving us reasonable notice in writing. If you fail to do this, your order will not be cancelled and you will be obliged to pay for it.
Please check that the goods you received are the ones you ordered. Check that they are for the correct colour and size and that they are examined for apparent faults or damage at the time of delivery and before installation. If on inspection you have any doubts please contact Avana Flooring immediately. In all cases, genuine complaints will be dealt with appropriately, but your rights may be adversely affected if you do not contact us as soon as possible.
SUB FLOOR INFORMATION
For a perfect finish, flooring products require a smooth, level, dry and clean subfloor. Sometimes it is not always possible to inspect what lies beneath an existing floor, or even work out where remedial work needs to be undertaken. If we are arranging the installation of your flooring, our fitting expert may advise that some remedial work is needed such as screeding or ply boarding before the new floor can be fitted. This may delay the original installation of your flooring whilst this work is undertaken. Uneven floorboards and surfaces, if left uncorrected by the customer, can affect the appearance of your new flooring by being seen through to the surface.
Fitting is chargeable. The fees quoted are for the goods shown on the order only. If you require additional fitting services these can be arranged with the fitting expert in advance and quoted for separately.
Fitters undertake to carry out their work with reasonable skill and care, but on rare occasions, home décor may be marked or scuffed during the fitting process. New paintwork and wallpaper are most at risk and should be allowed to dry fully.
Our expert fitters may need to remove doors to facilitate fitting and where necessary, leave them ready for you or your appointed carpenter to carry out the trimming and rehanging at a later date. Some doors, such as fire doors, may not be suitable for modification or need to be carried out by a specialist.
Where Avana Flooring has been asked to make the arrangements for your flooring to be fitted, we agree to act as your agent and for this service. This includes: introduction to a flooring fitting expert and arranging the installation of your new floorcovering under a separate contractual agreement between you and them. It also includes monitoring fitting standards, arranging a pre-cut service to aid an efficient and speedy ‘at home installation’, and on the rare occasion of a complaint being raised regarding the fitting, Avana Flooringwill manage the complaint between yourself and the fitting partner.
We retain responsibility for the products and service Avana Flooring supplies and we will act as an intermediary between you and the flooring expert should any liability arise from delivery and installation where Avana Flooring has made the introduction to the fitter.
The samples we have are intended to give a good impression of the colour and pattern of the carpet. When fitted in a larger area some patterns and blends of yarn can have a 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 (especially from multi-width rolls) cannot be guaranteed.
All carpets are cut at 10cm intervals with a minimum order length of 1 metre. All sizes are approximate and within a tolerance of plus or minus 1.25% in accordance with BS3655.
During transportation and storage, the pile may become flattened and this will show as banding across the pile. These will disappear as the carpet settles through regular use and vacuuming.
Carpet is a soft product and flattening of the pile will occur. Flattening will change the apparent colour of the carpet shading and may be permanent and may appear to be random, but this is not a fault. Areas where foot traffic twist and turns are especially prone to such changes in appearance. High traffic areas such as in front of sofas, beside the bed and in doorways are relevant examples of where the deterioration of appearance may occur.
All carpets benefit from the use of a good quality underlay. Re-using existing underlay may result in the premature flattening of the pile.
Areas over 15 square metres, unless stated otherwise, should be fully stuck down using a suitable glue. Your vinyl floor covering should not be laid on top of existing vinyl, laminate or tiles unless stated it is permissible to do so and in line with the manufacturers recommendations. For areas under 15 sqm, a perimeter stick will be suitable.
All vinyl flooring is cut at 10cm intervals with a minimum order length of 1 metre. All sizes are approximate
and within a tolerance of plus or minus 1.25% in accordance with bs3655.
LAMINATE FLOORING & LVT
Our samples show only a small part of the overall design as this will have been taken from a larger piece. There may be a slight variation in the colour and design of your floor due to the random nature which occurs with wood and other natural materials, from which the design has been taken.
This order is a legally binding contract even if you have only paid a deposit. Cancellation of an order is not normally accepted unless we are in breach of contract, in which case you have the right to cancel. The processing of your order begins as soon as it is entered onto our computer system and we incur increasing costs as your order progresses, therefore we may make a charge to cover some or all of these costs and other losses we incur if you breach the contract. If an order has been placed during a home visit, the customer has the right to cancel their order for 14 days from the order date. Avana Flooring reserves the right to release the customer's order to the manufacturer only upon expiry of the 14 days however, the customer can waive their 'right to cancel' during the 14 days 'cooling-off' period should they wish to do so. If a refund becomes necessary, it will be made to the person named on the sales confirmation or invoice, but credit/debit card refunds can only be made to the card used at the time of purchase.
We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period, we will try to provide you with prior notice where reasonably practicable.
OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEB SITE
In addition to these Terms and Conditions, your use of our website is also governed by the following document:
All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our website and it's content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us.
CHANGES WE MAY MAKE TO DOCUMENTATION
You must check these Terms & Conditions, and all other documentation referred to in them each time you access our website to ensure that you are aware of the terms that apply to you at that time.
NON-RELIANCE BASIS INFORMATION
Our website is made available to you to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms and Conditions.
We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.
You must not reproduce duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms and Conditions.
You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
You must use our website for lawful purposes only and by these Terms and Conditions. You must not use our website:
For any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
For any fraudulent purposes whatsoever;
To conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;
In any way or for any purpose that breaches these Terms and Conditions or the terms of any of the documents these Terms and Conditions refer to.
VIRUSES & HARMFUL CONTENT
We do not guarantee that our website does not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to our website.
We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.
You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or another browsing device.
You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
The content on our website is provided for your personal, private, and non-commercial use only. You may print or share the content from our website for lawful personal, private, and non-commercial purposes, and you may also make others within your organization aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.
You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third- party tools for the extraction or reproduction of any data or content from our website without our prior written consent.
LINKS TO OTHER WEBSITES
Links to third-party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.
LIMITATIONS OF LIABILITY
SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
· YOUR USE OF OUR WEBSITE;
· YOUR USE OF PRODUCTS;
· ANY CORRUPTION OR LOSS OF DATA;
· ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);
· ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
· ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS, OR REVENUE;
· ANY LOSS OF REPUTATION OR GOODWILL;
· ANY LOSS OF SAVINGS;
· ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
· ANY OTHER SECONDARY, CONSEQUENTIAL, OR INDIRECT LOSSES,
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
You and also any third party for or on behalf of whom you operate an account or activity on the website, agree to defend, indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following:
Your breach or alleged breach of these Terms and Conditions;
Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right;
Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
Any misrepresentation made by you.
THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
· THE PRODUCTS;
· THE SERVICES
· THE WEBSITE CONTENT;
· USER CONTENT;
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Notwithstanding any other condition, We shall have no liability whatsoever under or in any way related to the sale and purchase of the Goods or otherwise (whether in contract, tort (including without limitation negligence) or by way of statutory duty) for any failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstances beyond Our reasonable control.
Our website and any products or services available on or via the website are not intended for use by individuals under the age of 16.
IF YOU ARE UNDER THE AGE OF 16, YOU MUST NOT USE OUR WEBSITE, PURCHASE, OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES OR SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO US.
We do not knowingly or intentionally process information about any individual under the age of 16.
If any term of these Terms and Conditions is found by a court of competent jurisdiction to be void, invalid, illegal, unenforceable or non-binding, it shall be modified to the minimum extent necessary to make it valid, legal, effective and binding, giving effect to the purpose of the original term to the maximum extent possible.
GOVERNING LAW & JURISDICTION
These Terms and Conditions, any documents they refer to, and any disputes arising from or about them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed by the law of the United Kingdom.
The courts of the United Kingdom shall have exclusive jurisdiction over any claims or disputes arising from or about these Terms and Conditions and any documents they refer to.
The copyright in these Terms and Conditions is either owned by or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.
If you have any questions regarding these terms and conditions of this website, please contact us by any of the following means;
Mailing Address: Avana Flooring, The Oaks, Lordings Road, Billingshurst, Sussex, RH14 9JE.
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Terms & Conditions