1.1 This Web Site, www.fixafloor.co.uk, is operated by Electrics Warehouse Ltd.
1.2 These Terms will apply to all transactions on this Website, whether you are ordering online or by telephone.
1.3 Please read this document carefully and print it off or download it before placing Your Order. Occasionally, We will update these Terms. The Terms published on the Website at the time You place Your Order will apply, so You should read them each time You shop with Us.
2. What the words actually mean
2.1 When the following words (with capital letters) are used in these Terms, this is what they will mean
- Contract means the contract between You and Us, which includes these Terms
- Delivery means the delivery that we or our courier provide to you
- Goods means the electrical items and accessories that you have purchased from Our Website
- Order means Your order for Goods and Delivery, placed on the Website
- Premises means the place to which You ask Us to Deliver the Goods
- Terms means these Terms and Conditions, which We will update occasionally. Any changes will take effect from the date they appear on the Website and shall only apply to transactions from that date.
- We/Us/Our means Electrics Warehouse Ltd
- You/Your means the person that places the order with
3. How the order process works
3.2 Once You've placed Your Order, We will acknowledge Your Order and confirm availability by e-mail as soon as possible (Please also check your Junk Mail folder depending on the settings of your email provider). This is just to let You know that We've received Your Order and one of Our agents will be processing it. It doesn't mean that We've legally accepted Your Order. Acceptance of Your Order, and the completion of the Contract, will take place when We despatch the Goods to You (or some of them if We're delivering in instalments).
3.3 Certain goods have a minimum legal age limit. By placing your order you confirm that you are aged 18 or over. We reserve the right to carry out further checks to verify your age and if appropriate cancel your order.
3.4 Any goods, services or information displayed on this Website should not be regarded as an offer, invitation, solicitation, advice or recommendation to buy a product or services on the Website.
3.5 Certain pre-release orders or promotions have very specific terms and conditions, which will be shown on the description of the item. These are in addition to these Terms, which will also still apply.
4. Product availability & website accuracy
4.1 We hold stock of most of Our products but all Orders are subject to availability and accordingly, We can only Deliver Your Goods whilst stocks last. In some cases an order will be placed directly with the Manufacturer and will be subject to their availability.
4.2 If the Goods are unavailable, We will contact You by e-mail or telephone and You will have the option to either wait until the Goods are available, replace them with alternative goods or cancel Your Order for a Full Refund.
4.3 Images of products on this Website are for illustrative purposes only. Your Goods may vary slightly from the image shown on the Website and will not include any of the pictured accessories, unless stated in the specification of the Goods.
4.4 We have made every effort to display as accurately as possible the colours of our products that appear on this Website. However, we cannot guarantee that Your monitor's display of any colour will accurately reflect the colour of the actual Goods.
4.5 Whilst we try to be as accurate as possible, all sizes, weights and measurements quoted on this Website are approximate.
5. Prices & Payment
5.1 We're continually reviewing the marketplace and regularly change Our prices to remain competitive. The price You will pay will be the current price at the time You place Your Order with Us. Promotional prices only apply during the period stated.
5.2 Charges for Delivery and Installation are not included in the price of the Goods and will be payable in addition. The Delivery and Installation charge will depend on which Delivery and Installation package You choose. The price will be clearly displayed on Your Order.
5.3 All prices quoted on our Website are in UK pounds and include Value Added Tax at the current rate.
5.4 CUSTOMER NOTICE: Whilst We always try to ensure the accuracy of the prices on Our Website, there will inevitably be rare occasions when We make a mistake. If We discover any errors in the price of Goods before We accept Your Order, We will notify You as soon as possible and give You the option to resubmit Your Order at the correct price, select alternative products or cancel Your Order.
5.5 You can pay for Your Order by Visa, MasterCard, Delta/Connect, Switch. Due to fluctuations in exchange rates, We do accept payment made by credit or debit cards from foreign banks but payment will be charged in sterling. In case of difficulty with paying for your order you can pay by Electrics Warehouse over the telephone.
5.6 We cannot accept cash or cheque on delivery.
5.7 We reserve the right to amend or cancel discount voucher codes with no notice period.
6. Delivery & Installation
6.1 We can deliver anywhere in mainland Great Britain and Northern Ireland.
6.2 You will be provided with a delivery confirmation when Your Order has been processed.
6.3 Please allow enough time for Your Goods to be delivered. We will always endeavour to deliver the Goods when We said We would but any delivery dates and times are approximate and We shall not be liable for any losses, costs, damages, charges or expenses caused by any delay in Delivering the Goods.
6.4 Deliveries are booked on the condition that there is reasonable access for the safe and prompt delivery of the Goods. You should tell Us about any special delivery requirements or conditions when You place Your Order.
6.5 We will deliver the Goods to the premises you specify. We will not deliver the Goods to your premises unless there is someone present to accept them. We will ask You (or whoever is at the premises) to sign a delivery note, just to say that the Goods have been received. If someone else accepts delivery and signs our delivery note we will deem this to be acceptance from you.
6.6 Delivery does not include installation of the Goods, unless specified on this Website.
6.7 You should ensure that all manufacturer guidelines are complied with in the siting and use of the goods.
6.8 If You are not at home when We deliver the Goods, a second attempt will generally be made the following day. We reserve the right to charge You an additional redelivery charge to bring them on another agreed date or if the goods are returned as ‘Undelivered’
6.9 Products MUST be inspected upon delivery and refused if any damage is found. Failure to notify us of any visible damage may result in claims not being accepted after the item has been signed for. Any visible damage should be identified to the delivery personnel and noted on their delivery note at the time of refusal. In most cases, any damage issue will be resolved by our Customer Services Team on 0121 270 8883 at the point of delivery.
6.10 It is your responsibility to ensure that you or the person you've nominated to receive the delivery, have signed for the correct number of goods delivered.
6.11 You must not fit or use a product that is incorrect or different to that which was ordered. Failure to comply with this will deem that you have accepted the goods and you will be unable to return or replace them because they are incorrect or different to that which was ordered. Your statutory rights are not affected.
7. Changing your mind
7.1 You have the right, to cancel Your Contract either before or up to seven working days after the Goods are Delivered, starting the day after the Goods are Delivered. This must be done in writing, via e-mail, fax or letter to Our contact details you call also call us on 0121 270 8883 to arrange a returns authorisation number. We cannot accept goods back without a relevant returns authorisation number as this assists us in tracking your order and ensuring a prompt refund.
7.2 Should you choose to cancel the contract, you must have taken reasonable care of the Goods.
7.3 If You cancel an Order after the Goods have been delivered, You will be charged the actual cost of collecting them. Because We may subsidise Our Delivery charge when We initially Deliver the Goods to You, the actual cost of collection may be more than You paid for the Delivery. Please contact Us to find out what this charge will be. This charge will generally be deducted from any refund that is due to You, or otherwise invoiced separately to You.
7.4 Where You cancel your order, we will refund Your money within 30 days of the day You cancel Your Order.
7.5 When We receive the returned Goods, We will inspect them to ensure all manuals, accessories, free items and any other components are within the returned package and that You have taken reasonable care of the Goods. If We receive Goods that You have not taken reasonable care of, We shall charge you a fee equivalent to the reduction in their value. If the Goods have missing manuals, accessories, free items or any other components, We shall charge You the cost of these missing items. These costs will be deducted from any refund that is due to You.
7.6 There are certain types of Goods that You won't be able to cancel. These include:
Goods made to Your personal requirements;
DVDs, CDs, computer/console games, software, minidiscs or memory cards where the seal has been broken;
Personal hygiene products where the seal has been broken, such as electric razors.
7.7 If We are unable to supply Your Goods within 30 days of Your Order, you can cancel and obtain a full refund.
8. Faulty Items
8.1 All Goods are covered by a manufacturer's warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty.
8.2 The manufacturer's warranty is provided in addition to the rights that the law says You have as a consumer and accordingly, Your statutory rights are not affected.
8.3 If Your goods do not work or appear not to be working correctly, please first check the manufacturer's instruction book to ensure that they have been installed and are being used correctly.
8.4 If Your Goods are faulty and You wish to make a claim under the manufacturer's warranty please refer to the faults section on our website for details of how to claim.
8.5 An engineer may be called out to visit You to either repair Your Goods or arrange for an exchange. This will be free unless the engineer cannot find a fault with the Goods, in which case You may be charged a call out fee.
8.6 If an exchange is necessary, this will be arranged without unreasonable delay and without charge
8.7 You should always refer to the manufacturer's operating, care and maintenance instructions in relation to Your Goods.
9.1 All refunds due for whatever reason (other than under the cancellation provisions set out in section 7 above) will be made within 30 days of collection of the product.
9.2 Any deductions applicable, such as collection charges, will be deducted from the refund due.
9.3 Refunds will be processed on the same card used for the original transaction
10. Personal Data
10.1 We understand that your privacy is important to you. We will always comply with the Data Protection Act 1998.
11.1 The products sold on this Website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
11.2 There are certain things that We can't limit or exclude Our liability for (such as where We negligently cause personal injury or death) but for everything else, We will accept liability where We have failed to do what We promised to do in the Order or We have caused You some other type of direct loss or damage.
11.3 We can't accept liability for any consequential loss of profit or indirect losses.
11.4 There are lots of rights that the law says You have as a consumer. Clearly, we're happy to honour all of those rights, plus all those representations that are made about the Goods on this Website. Other than that, We exclude all other warranties (express or implied) to the extent permissible by law.
12. Terms of website use
12.1 We and our suppliers are the owners of the copyright, trademarks and all other intellectual property rights in the material and content of this Website.
12.2 You may only use the material contained on this website for your own personal and non- commercial use.
12.3 You agree not to intentionally misuse this Website.
12.4 The Website may contain links to other websites unrelated to us. We are not responsible for the content or practices of these websites.
13.1 Sometimes, there might be things that we can't control that may mean We're delayed in, or prevented from, Delivering Your Goods. These might include things such as accidents, breakdowns, fire, flood, storm, acts of God, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as we can but as you’d expect, we can't be responsible where this causes a delay or failure in Delivering Your Goods. However, we will try to give You as much notice as possible.
13.2 The Contract sets out everything we've agreed about Delivery of the Goods (and anything else mentioned in the Contract) and supersedes any previous agreement we might have discussed or entered in relation to the Contract. Because the Contract contains everything we've both agreed, neither of us relies on any other statement, representation, warranty or understanding made during the discussions leading up to the Order. As you’d expect, this won't apply if either of us has been fraudulent.
13.3 If either of us decides not to enforce our rights (or we delay in doing so), that won't stop us from enforcing those rights at a later stage.
13.4 This Contract is just between the two of us. Accordingly, nobody else has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of this Contract.
13.5 The Goods are only intended for normal domestic use by you as a consumer and not for resale or any kind of industrial or commercial use.
13.6 If either of us wants to change any part of the Contract, then we'll have to ask the other one and note down any agreed change in writing.
13.7 Because Your Premises is in the United Kingdom and We’re based in the United Kingdom, This Contract is covered by English law. In the highly unlikely event of any court action relating to the Contract, we have both agreed that this should take place in the English Courts.
13.8 This Website is operated by Electrics Warehouse Ltd, which has its registered office at Electrics Warehouse Ltd, 79 Blackford Road, Shirley, Solihull B90 4DA. We are registered in England and Wales with company number 6909540. Our VAT Number is 932846309