Terms & Conditions

Introduction

Thank you for choosing Frankly flooring. Much in the way we want to make it easy for you to purchase great value flooring products, we also want to make these areas of our website easy to use and without any confusing jargon. By accessing any areas of franklyflooring.co.uk the user acknowledges the notices, and agrees to the terms and conditions, set out below. Frankly flooring(” Frankly flooring”, “Company”, “we”, “us”, “our”) owns and operates the franklyflooring.co.uk web site. When we receive an internet order you will always get an e-mail from Frankly flooring confirming your order placed on our website. We try our best to process all the orders within a reasonable time frame and according to the delivery options of your choice. If however, goods cannot be mailed within a reasonable time we will e-mail you to advise you of this and, if there is to be a delay, determine if you wish to continue with the transaction or offer you the opportunity to cancel your order.

We strongly advise against booking installers until goods have been received and checked as, regrettably, we cannot be held responsible for any consequential losses.

1. Frankly flooring & Customers

All orders for goods (the “Goods”) to be supplied by Frankly flooring or any of its subsidiary companies as the case may be (hereinafter referred to as the “Company”) are subject to these conditions of sale and the placing of an order by a buyer (“the Buyer”) will constitute acceptance of these conditions.

2. Modification of these conditions

These conditions may not be modified or varied unless Frankly flooring agrees in writing and Frankly flooring will not be deemed to accept any other conditions not waive any of these conditions by failing to object to provisions contained in any purchase order or other communications from the Buyer. No person has authority on behalf of the Company to vary any conditions except by a written variation signed by a director or the company secretary.2.1. Frankly flooring only accept orders after the goods purchased online have been delivered. The processing of payment and acknowledgement of an online order DO NOT constitute a legally binding contract.

3. Validity of quotations

Quotations from the Company are stated to be open for such time as may be specified in each such quotation and provided it is not withdrawn by the Company in such period it remains capable of acceptance. No binding contract will be created by the acceptance by the Buyer of the Company’s quotation until notice of such acceptance has been given in a purchase order and has either been signed by the Company’s duly authorised representative or the Company has indicated to the Buyer orally or in writing its acceptance of such order.

4. How these conditions apply

If the Buyer places an order with the Company without requesting a quotation from the Company or before such quotation has been provided, all deliveries carried out in satisfaction of such order will be subject to these conditions.

5. Prices

Unless otherwise agreed in writing all orders are executed subject to prices and any relevant discounts ruling at the date of receipt of the order and any price list of the Company whether published or not will not affect the right of the Company to charge for Goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate. Payment of the Price quoted and the VAT must be paid at sale, prior to delivery arrangements being made.

6. Our right to adjust rates & prices

In the event of termination, variation or suspension of a contract on the Buyer’s instruction or by lack of instruction, the contract price will be adjusted to reflect the additional costs incurred by the Company. Where a price per unit has been quoted and the Buyers requires a smaller number of units to be delivered than those quoted for, the Company reserves the right to adjust the rates of prices applicable thereto.

7. Credit

Any contract will be subject to the Company being satisfied as to the Buyer’s credit worthiness and without prejudice to the generality of the foregoing the Company may in its absolute discretion, having informed the Buyer that the Goods are ready for delivery, refrain from delivering the Goods until such time as the Buyer tenders the purchase money to the Company in a form satisfactory to the Company.

8. Delivery

Delivery Timescales

We aim to deliver between 5 – 15 working days. Please note that your order is subject to our usual stock and delivery checks. If there are any issues with your order, we will be in contact ASAP. If you have any questions and/or would like to discuss your order with the team please give us a call on 01373 812250.

Delivery Options

Please note that there are small parts of the UK that we do not cover on our internal courier network. In instances where orders are received with a delivery address that we do not cover on our internal transport, we will always inform you of the additional cost for delivering before processing your received order. You will be given the option of whether to pay the additional cost for the delivery or receive a full refund. We will always communicate this to you before despatching your order.

Local Pickup

If Local Pick up is selected you can collect from Unit 9, Newbury Works, Coleford BA3 5RX, please await a confirmation email stating your collection is ready for pick up. This service can take 1-10 days. Please note that your order is subject to our usual stock checks.

Delivery Process

We strongly advise against booking installers until goods have been received and checked as, regrettably, we cannot be held responsible for any consequential losses.

To keep you informed throughout the entire delivery process, when we receive your order you are sent an e-mail order confirmation, followed by a notification of dispatch when your order has left our warehouse.

How your order is delivered

Deliveries are made ‘kerbside’. Handling the goods is the responsibility of the recipient of the goods. When making a large order we advise to plan ahead and arrange a second pair of hands to help if you’re receiving lots of boxes, especially if your order is for a room not on the ground floor. Please note: This applies to flats, tower blocks, high rises etc.

Missing Items

If for any reason your order has not arrived within 15 days, without communication of a hold up from us, please contact us straight away. We will investigate and advise of next steps.

Failed Deliveries

If your order arrives as arranged but we’re unable to deliver because there’s nobody home, there’s inadequate help available, the goods are refused, or the order is cancelled whilst in transit (goods are in transit 24 hours before the chosen delivery date) you will be liable for any additional costs incurred for the goods being returned. We strongly advise against booking installers until goods have been received and checked as, regrettably, we cannot be held responsible for any consequential losses.

Condition of Goods

Faulty Goods

If you have faulty, missing or incorrect goods then please contact a member of our customer service team via e-mail (sales@franklyflooring.co.uk) or phone (01373 812250). In the unlikely event that any of the items in your order are faulty, you have 3 days after delivery to let us know. We will ask you to return the damaged or faulty goods to us straight away. Shipping charges on returned items are at the customer’s expense and we do not accept responsibility for goods lost or damaged in transit.

Missing or Damaged Goods

If you find that any items in your order from Frankly flooring have been lost or damaged in transit, please make sure that this is noted down on the carrier’s delivery note and contact us immediately.

Please note: We cannot accept claims for missing or damaged goods after the carrier has left the delivery address, unless they have been signed for as damaged or missing.

Your responsibility

You, the customer/recipient of your purchased goods must check that all flooring products are in perfect condition before using them. Frankly flooring cannot accept any claims for damaged, faulty or mis-described items once they have been used or fitted. Such use or fitting shall be taken as proof that the buyer or his agent has accepted that the goods are in perfect condition. You must accept full responsibility for the suitability of the items ordered for the purpose to which they are used.

These terms and conditions applies to CUSTOMER REVIEWS LTD (Registered in England & Wales) 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, Company No. 11364361 and companies and other organizations who installed and activated Customer Reviews for WooCommerce plugin.

Background

(A) Customer Reviews has skill, knowledge and expertise in the collation, presentation and analysis of consumer feedback, market research and reputation management, particularly in relation to businesses with a strong online presence.

(B) The Client operates a business in which customer email addresses are held and linked to a sale or other business transaction. Customer Reviews provides a plugin for collection of reviews and operates a website on which feedback can be displayed through which customers interact with the Client.

1. Consumer Details

1.1 You will provide us with the Consumer Details for all relevant transactions within a period of one month of the transaction date.

1.2 You will ensure that the Consumer Details are accurate and error free as far as is reasonably possible.

1.3 We will use the Consumer Details to send one email only asking for Feedback. We will not make further contact with any Consumer except:

1.3.1. with the previous written consent of you and/or the Consumer;

1.3.2. where details of that Consumer have been provided to us by a third party;

1.3.3. as required by law or by any court, tribunal or administrative body of competent jurisdiction; and/or

1.3.4. to inform the Consumer of a response you have made to his/her comments; and/or

1.3.5. for the purpose of satisfying our obligations under these Terms and Conditions.

2. Rights

All company names, brands and other company trademarks and the website belongs to either Customer Reviews or third parties and can only be used for business purposes after a preceding permission from us or third parties respectively. Rights to our free use of contributions are nontransferable, without time limit and with no territorial limits towards us, upon sending the contribution to us. The website’s content cannot be copied and displayed anywhere else on the internet.

3. Indemnity

Customers shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any third-party claim (including any claim or allegation by any governmental authority) that:

(a) the use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;

(b) Customer Reviews use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or

(c) any email message sent or caused to be sent by Customer Reviews on behalf Customer violates any applicable law, rule or regulation.

Customer shall not bring any claim against Customer Reviews arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Customer shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any such claim, whether such claim is brought by Customer, any of Customer’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.

4. Limitation of Liability

4.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under English law.

4.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential or special Loss whatsoever.

5. Personal Information

Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting support@cusrev.com. Withdrawal of consent will be considered as a request to be deleted as a user altogether.

We have initiated a number of technical and organizational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or gets into the hands of unauthorized parties.

Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implementing or made pursuant to them (“Data Protection Requirements”).

When enabling the Review Collection Services, the Client is – in accordance with the Data Protection Requirements – regarded as a Data Controller of the Consumers’ personal data, which is provided to Customer Reviews. When Client uses the Review Collection Services Customer Reviews is regarded as the data processor. This entails that Customer Reviews shall only act by instructions from Client in regard to the provided personal data about the Consumers. It is the sole responsibility of Client to provide such instructions to Customer Reviews. Customer Reviews shall make the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On Client’s request, Customer Reviews will, in line with and to the extent provided for in the Data Protection Requirements, supply Client with sufficient information for Client to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about Consumers after a verified copy of a review is published on Customer Reviews website (www.cusrev.com) are processed by Customer Reviews as a data controller.

Customer Reviews is not responsible for and assumes no liability for the Consumers’ conduct on or use of the Customer Reviews Service, including the content published by the Consumers (such content, “User Content”). Customer Reviews does not and cannot control or monitor the User Content and Customer Reviews does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Customer Reviews, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.

The Agreement shall not be regarded as an approval, endorsement or recommendation of Client, Client’s products or services by Customer Reviews. Client may not market itself or by other way give public declarations in conflict with the above.

Client’s use of the Customer Reviews Service must at all times comply with all applicable laws, rules and regulations. Client warrants to Customer Reviews that its use of the Customer Reviews Service will in no way cause Customer Reviews to violate any applicable laws, rules or regulations or to violate the privacy rights of any third party.

When writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if it is set to publish anonymously.

Personal information of customers who were invited to write a review but did not do it after three months from the date of the invitation will be automatically deleted from Customer Reviews database.

6. Disclaimer

Customer Reviews does not produce or publish contributions on the website. Customer Reviews cannot be held accountable for the reviews and comments made on the website. If you would like to remove or discuss an issue with the website, please email support@cusrev.com.

Customer Reviews accepts no responsibility for the accuracy or completeness of contributions published by registered users on the website, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.

Customer Reviews does not read through or edit contribution added to the website and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, Customer Reviews will accept no responsibility for the contents of the link in question.

Customer Reviews recommendations and reference to concrete companies, e-shops, etc. is only guiding and Customer Reviews can in no way be held responsible if the guiding recommendation turns out to be incorrect, misleading or similar.

Customer Reviews can in no case be made to compensate for use of the website or code, including loss of revenue, working loss, market interruptions, loss of goodwill or similar losses. Furthermore, Customer Reviews cannot be made to pay compensation or similar as a result of errors or downtime.

Customer Reviews reserves the right to revise these terms at any time, as well as the right to close the website as a result of own assessment and without warning.

We reserve the right to delete reviews that are solicited from external websites.

Reviews solicited outside of the Customer Reviews ecosystem may be flagged and moderated

7. Our Returns and Cancellation Policy

Here at Frankly flooring we pride ourselves in supplying top quality goods at great value. However, sometimes projects don’t go to plan or we change our minds. Here’s our jargon-free terms for Returns and Cancellations.

Made to measure items, such as carpets, vinyl’s and artificial grasses, are cut to order for your specific needs. These ‘Made to Measure’ items are non returnable as they are specific to your requirements. Please ensure you check sizes prior to placing orders.

Pack items can be returned with a 30% restocking fee. All returns are required to be in their original box/bag, unaltered and securely packed. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to send it back to you.

Faulty Goods

If your order arrives with a manufacturing fault, report this within 48 hours and we will make all the necessary arrangements to have the goods replaced without cost to you.

How to return your purchase
1. Please contact us via Email (sales@franklyflooring.co.uk) or Phone to start the returns process
2. Our customer service team will supply you with a returns number.
3. Send the goods back to the Frankly flooring returns address: returns Frankly flooring unit 9 Newbury works, Coleford BA3 5RX
4. Once the goods have been received, we will start the process of refunding you using the details provided at purchase.

Your responsibilities when returning your order
• You are responsible for arranging courier transport and for the safe return of goods (making sure they are well protected).
• Costs for damaged goods will be taken from the total amount refunded.
• Please remember, in all situations where there is no manufacturing fault, you are responsible for returning the goods to us, at your expense, in complete, unused, and in “as new” condition and within 30 days of purchase.

Products that cannot be returned
• Unfortunately, we cannot accept returns for products which are bespoke, made to your specifications or cut from a roll unless they’re faulty.
• We cannot except returns for the following items: Accessories, Glue, Tools, Tubs, Bags and LVT Design/Feature/Inlay Strips.

When we have the right to decline your return request

In some circumstances we may refuse your return, with the following reasons.
• If you no longer want an item (eg because it’s the wrong size or colour) unless you bought it without seeing it.
• Goods and Services worth £42.00 or less.

Failed Deliveries

8. Passing of Title/Risk

Risk of damage to or loss of the Goods will pass to the Buyer upon delivery.

Ownership of the Goods

Ownership of the Goods will not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to the Company from the Buyer on any account.

Descriptive matter, Specifications & Illustrations

All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only and intended only to present a general idea of the goods to which they refer and will not form part of the contract. All particulars are provided by the manufacturer.

Limitations of Liability

Nothing in these terms and conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation, or the conditions as to title implied by section 12 of the Sale of Goods Act 1979 as amended from time to time.

Our Total liability

The Company’s total liability in contract tort (including negligence or breach of statutory duty) misrepresentation or otherwise, arising in connection with the performance of this contract will be limited to the price agreed for the Goods.

Legal Construction

Unless otherwise agreed by the Company in writing, these conditions will in all respects be construed and operate as an English contract, in conformity with English Law, and the parties submit to the exclusive jurisdiction of the English courts.

Force Majeure

The Company will not be liable to the Buyer in any matter or be deemed to be in breach of this contract because of any delay in performing or any failure to perform any of the Company’s obligations under this contract if the delay or failure was due to any cause beyond the Company’s reasonable control.

Clearance items & Special offers

Goods bought from promotional offers that are offered as clearance or end of line will be refundable at the sale price only. If the item is no longer stocked by the Company there will be no material replacement. Credit can be issued against a replacement product. Floor to your door will have no liability (other than imposed by the unfair contract terms act 1977), for any direct injury, loss or damage whatsoever, if the cause thereof lies beyond the reasonable control of the Company. Your statutory rights are not affected by the above exclusions