TERMS AND CONDITIONS

1.         Interpretation

In these Terms and Conditions, unless the context requires otherwise:

1.1       ‘Supplier’ means the supplier of the Goods and Services who is BAREFOOT LIVING UK LIMITED a company registered in England under registration number 06583877 and whose registered office is situate at Barefoot Park, Buxton Road, Bosley, Macclesfield, Cheshire SK11 OPS hereinafter referred to as 'Us' ,We’ or ‘Our’

1.2       ’You’ means the person who buys or agrees to buy the Goods from us hereinafter referred to as you or your

1.3       'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us;

1.4       ‘Craftsperson(s)’ shall be the person(s) engaged by us to install the Goods

1.5       ’Goods’ means the flooring which you agree to buy from us;

1.6       ‘Order Form’ means the document attached to these Conditions confirming the Goods and Services We will supply to you

1.6       ’Price’ means the total Price for the Goods, Services and VAT; and

1.7       ‘Services’ means the installation of the Goods by Us

1.8       ‘Specification’ means the specification of the Goods and Services as more particularly set out on the Order Form

 

 

2.         Conditions applicable

2.1       These Conditions shall apply to all contracts for the sale of Goods and Service by us to you to the exclusion of all other terms and conditions including any terms or conditions which the you may purport to apply under any purchase order, confirmation of order or similar document.

2.2       All orders for Goods shall be deemed to be an offer by you to purchase Goods from us pursuant to these Conditions.

2.3       Your signature on the Order Form constitutes a legally binding order by you

2.3       Acceptance of delivery of the Goods and the Service shall be deemed conclusive evidence of your acceptance of these Conditions.

2.4       Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.

 

3.         What is to be provided to You by Us

3.1       Us and You have agreed that we will supply to you the Goods and Services described on the Order Form numbered/reference                              and you shall purchase the Goods and Services for the Price.

3.2       The quantity and description of the Goods shall be as set out in the Order Form which is for the sole purpose of giving an approximate description of the Goods and services.

3.3       The Goods shall be supplied in accordance with the description contained in Our Specification and other product data which is available upon request and for the purposes of these Conditions You are deemed to have read and be aware of. 

3.4       We may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

3.5       Any contractual description of the Goods by Us relates to the identity of the Goods but only if it relates to a central characteristic of the Goods or to a substantial ingredient in their identity.

 

4.         Price (and VAT)

4.1       The Price for the items is as stated on the attached Order Form is inclusive of VAT.

4.2       If  you are making payment by cheque then payment should be from a UK bank, with the cheque being made out to Barefoot Floors Limited and crossed 'A/C payee only'.

4.3     The price is fixed for 90 days

 

 

5.         When payment is to be made

You will need to make payment in cleared funds in respect of the Price in three installments on the following basis:

5.1       60% of the Price at the time you place your order

5.2       30% of the Price immediately prior to when we commence the installation of the Goods. Please note that we will not be able to commence installation of the Goods until we have received payment (and this means that where you have paid by cheque or by credit or debit card that the funds have reached our bank account).

5.3       The final 10% of the Price is payable upon the completion of the installation of the Goods

5.4       Time for payment of the Price shall be of the essence.

5.5       Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4 % above (name) Bank plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.

We accept payment by most major credit cards

 

6.         Place of Delivery and Fitting

As stated on the Order Form.

 

7.         When Delivery and Fitting will be made

7.1       Our aim is always to deliver the Goods and perform the Services within 30 (thirty) days of acceptance of your order. It will not always be possible to do this, and you hereby acknowledge that we cannot guarantee that we will deliver the Goods and perform the Services within 30 days. We will always aim to complete the work on time, but it is not always possible to do so, for example where delay is caused by conditions or circumstances which are outside our control. If this situation occurs our aim is to complete the work as soon as we reasonably can.

7.2       We shall not be liable for any loss or damage whatever due to failure by Us to deliver and install the Goods promptly or at all.

7.3       Subject to the provisions of this clause 7 and these Conditions You warrant that you will allow Us to provide the Goods and Services to You no later than 60 (sixty) days from the date of the Order Form.

 

 

8.                 Cancellation rights

8.1       You may cancel this contract by giving Us written notice (“Cancellation Notice”)  which must be received by Us within 2 (two) business days after You have placed your order with Us as evidenced by the Order Form. (For the purposes of these Conditions a business days shall mean any day other than a Saturday or Sunday or Bank Holiday)

8.2       Once we have received Your Cancellation Notice We shall cease to be bound to deliver the Goods and Services to you and You shall cease to be bound to receive delivery from Us of the Goods and Services;

8.3       In the event of you serving a valid Cancellation Notice You shall cease to be bound to pay the sums referred to in clause 5.2 and 5.3 of these Conditions; and the deposit referred to in clause 5.1 of these Conditions will not be refunded to you. You hereby irrevocably agree that in the event of you serving a Cancellation Notice then in that event we shall be entitled to retain the monies referred to in clause 5.1 of these Conditions.

8.4       In addition to the provisions set out in Clause 17.1 We may cancel this contract at any time before the Goods and services are delivered to you by giving you written notice. On giving written notice we shall promptly repay to you the sums paid by you in accordance with clause 5.1 of these Conditions. We shall not be liable for any loss or damage whatever arising from such cancellation.

 

9.         Contact details

Our address is Barefoot Park, Buxton Road, Bosley, Macclesfield, Cheshire SK11 OPS telephone number.

 

 

10.       Alternative Goods or Services

10.1     From time to time it may not be possible to supply the specific Goods that you have ordered. If this occurs, we will provide substitute Goods of an equivalent quality and Price to those we are unable to provide.

10.2     If we are unable to supply the Goods in the circumstances referred to in clause 10.1 above then in that event only You have the right to cancel the contract strictly on the basis that we are unable to provide the specific Goods that You have ordered.

10.3     If You wish to exercise Your right to cancel the contract in accordance with the provisions of clause 10.2 above You must notify us in writing of Your decision to cancel with 2 working days of us notifying You of our inability to provide the Goods as referred to in clause 10.1.

 

11.       Guarantee

We provide the following guarantee for the Goods that You have purchased from us:

11.1     Subject to the provisions of clauses 11.2 to 11.5 with the exception of general wear and tear we guarantee that the Goods will be free from any defects for a period of TEN YEARS from the date of installation.  If the Goods have a defect within this period and in our reasonable opinion the defect is minor we reserve the right to repair the Goods instead of replacing them.

11.2     Where You alleges that any of the Goods or Services supplied to You are not in accordance with the contract You hereby irrevocably agree that We may if we deem it reasonable in all the circumstances to open up remove or dismantle the appropriate areas and/or parts of Your property and/or fittings and any other works or assemblies (“investigative Works) so as to permit any reasonable investigation repair or replacement by Us.

11.3     For the avoidance of doubt if it is necessary for us to carry out Investigative Works You hereby grant an irrevocable license to us or our servants or agents to enter your property to carry out the said works.

11.4     In the event of Us deeming it reasonably necessary to carry out any Investigative Works (as more particularly referred to in clause 11.2 of these Conditions) and after carrying out such reasonable Investigative Works We conclude Your complaint is one without any merit then in those circumstances You hereby irrevocably agree that You will be solely responsible for the entire cost of the reasonable Investigative Works.

11.5     No liability whatsoever shall attach by Us in respect of any defect of whatever nature arising from sub-floor imperfections such as rising damp, penetrating damp, subsidence, building movement in floor joists, badly fitted sub floor preparation, uneven ply board and screeds etc.  Nor shall we be liable for any movement due to damp.

11.6     We shall be under no liability under the guarantee referred to in clause 11.1 if the Goods have not been paid for in full in accordance with clause 5.  Your statutory rights are not affected by the provisions of this guarantee.

11.7     By way of example only and not limited to our guarantee does not include:

11.7.1    Scratches or discoloration caused as a result of misuse of the Goods or contact with acids or solvents, chemicals, inks, excess fluids (e.g. floods) abrasives, sharp implements and any other damaging factors.

11.7.2    You herby warrant that you will put suitable felt protective pads under all furniture feet.  Please note that we will not be responsible for any damage caused to the Goods and Services by your failure to place the aforementioned felt pads under furniture feet.

11.7.3    Discoloration due to under floor heating pipes and hot water pipes being not sufficiently buried in concrete floor screeds. This is your responsibility to ensure that any under floor heating and or hot water pipes (installed by you or any other third party) are sufficiently buried under the floor slab/floor boards/ply boards 

11.7.4    Damage resulting from sub-floor imperfections such as rising damp, penetrating damp, subsidence, movement in floor joists, badly fitted sub floor preparation, uneven ply board and screeds etc.

11.7.5    Damage to the Goods and Services due to the use of non recommended maintenance/cleaning products or equipment.

11.7.6    Damage to the Goods and Services by the use of inappropriate footwear on the Goods such as spiked shoes (golf shoes and running shoes).

 

12.       Ownership of Goods

12.1     We shall own the Goods until we have received payment in full from You, even though the Goods may have been already delivered to You and installed by Us.

12.2     Where you have paid by cheque or credit or debit card, 'payment in full' means that the funds have reached our bank account.

12.3     The specification and design of the Goods (including the copyright, design right or other intellectual property in them) shall as between us be the property of Us.

 

13.       Limitation of liability

13.1     We at all times aim to carry out the Services with reasonable care and skill. If any part of the Services is performed negligently or in breach of the provisions of this agreement then, on your request, we will re-perform the relevant part of the Services. we will not however be liable to re-perform any part of the Services which we have performed negligently or in breach of this contract unless You notify us in writing at our contact address within fourteen days of when the alleged negligence and/or breach of contract would have been apparent to any reasonable person whether or not the alleged negligence and or breach of contract was apparent to You.

13.2     Save as precluded by law, we will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to us under these Conditions and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the Goods and Services in question under clause 4 above

13.3     Notwithstanding the provisions of clause 13.1 above, nothing in these Conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

13.4     In any event except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Price You have paid us as more particularly set out in clause 4 above.

 

14.       Retention of property

14.1     The Goods shall be at your risk as from delivery.

14.2     In spite of delivery having been made property in the Goods shall not pass from us to You until:

14.2.1    The You shall have paid the Price plus VAT in full; and

14.2.2    No other sums whatever shall be due from the you to Us.

14.2.3    Until property in the Goods passes to you in accordance with these Conditions You shall hold the Goods on a fiduciary basis as bailee for Us.

14.3     We shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed from us.

 

15.       Your obligations and acknowledgments

15.1     You must ensure all rooms are cleared prior to the delivery of the Goods and Services. If the rooms are not cleared, we takes no responsibility for damage that may occur to furniture, walls, doors etc as a result of the Craftperson having to clear the rooms. The Craftperson reserves the right to refuse to fit the floor due to the rooms not being cleared. We will then arrange another time for the Craftperson to return to fit the floor.

15.2     You warrant that all the details provided by you on the order form or otherwise given to us by You or on Your behalf for the purpose of purchasing the Goods and Services are correct and that any credit or debit card or bank guarantee card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Goods and Services.

15.3     You hereby acknowledge and accept that due to certain components of the Goods a non harmful smell will linger for a period of up to 3 days following the installation of the Goods.

 

 

16.       Events beyond Our control

16.1     We shall not be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond our reasonable control ('Force Majeure Event').

16.2     We shall give notice as soon as reasonably possible to you upon becoming aware of a Force Majeure Event, the notice to specify details of the circumstances giving rise to the Force Majeure Event.

 

17.       Suppliers cancellation clause

17.1     We may cancel the contract at any time before the Goods and Services are delivered to you by giving you notice by way of example only but not limited to:

Your property being unsuitable for the delivery or installation of the Goods and or services due to sub-floor imperfections such as rising damp, penetrating damp, subsidence, movement in floor joists, badly fitted sub floor preparation, uneven ply board and screeds etc.

17.2     On giving You notice in accordance with clause 17.1 we shall promptly repay to You any sums paid in respect of the Price. We shall not be liable for any loss or damage whatever arising from such cancellation

 

18.       Entire agreement

These terms and conditions set out the whole of our agreement relating to the supply of the Goods and Services to You by Us. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these Conditions or as an authorized representation about the nature or quality of any Goods or Services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

 

19.       Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which We seek to exclude or limit our liability to You) the enforceability of any other part of these conditions will not be affected.

 

20.       Law and jurisdiction

The validity, construction and performance of this contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which You and Us both submit.

 

21.       Third parties

The provisions of the Contracts (Rights of Third Parties Act) 19991 shall not apply to this contract and a person who is not a party to this contract shall have no right under that Act to enforce any term of the contract.

 

All major credit and debit cards accepted