Welcome to the Clayton’s website terms and conditions for use. Please read them thoroughly before you use our website. They do not affect your statutory rights. Your use of this website constitutes your agreement to be bound by these terms and conditions. These terms & conditions will govern all transactions on this website to the exclusion of any other terms and conditions.
Clayton’s Carpets Limited & Clayton’s Upholstery Ltd (“Clayton’s”, “we”, or “us”) reserve the right to make changes to these terms and conditions from time to time without notice to you and any changes will have immediate effect from the time and date of being posted on our website. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You will be requested to read and accept Clayton’s terms and conditions each and every time you place an order. For this reason we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference.
Before you place an order, if you have any queries relating to these terms and conditions please contact us by e-mail [contact us] or call us on 01522 510210 between 9am and 4.30pm Monday to Thursday and 9am to 12pm on Saturday.
A. PURCHASE OF PRODUCTS
1. Creating the Contract
1.1 You place an order on the website by selecting an item and following the online prompts and instructions.
1.2 You will have an opportunity to check and correct any errors in your order up until you click the Submit Order button.
1.3 After you have submitted your order you will receive an order acknowledgement e-mail from us. Please note that this e-mail is merely an acknowledgement and not an acceptance of your order.
1.4 If you are paying by credit card, we will authorise your debit or credit card payment and take full payment. If you are paying by cheque, we will deposit your cheque on the first working day after we receive it.
1.5 Once payment has been authorised, or your cheque has been cleared, and we have determined the availability of stock, we will either place your order with our suppliers, or in such instances that the goods are in stock at our Lincoln distribution centre, we will contact you to arrange delivery (or collection) of the goods. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a second e-mail which contains the details of how your goods will be delivered to you.
1.6 We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will e-mail you with these details.
1.7 We strongly recommended that you retain all e-mails that we send to you, which relate to your order and contract.
1.8 The details of your specific contract are filed by us. Should you want any information regarding your order you may contact us. (For details see the contact us page of the Website). Or you may write to our registered office, Online Sales Department. Clayton’s Carpet & Upholstery Superstore. Tritton Road. Lincoln LN6 7BN
2.1 If you have chosen to pay by card, once your order is received we will process the payment for your order by way of the credit or debit card details you have provided. In the event that you are purchasing an item ‘in stock’ and we find that when picking your goods, we have insufficient stock to satisfy your order you will be informed as soon as possible. We will then offer to order the goods for you, and quote you an approximate lead time, or should you choose to cancel your order at this point, a refund will be processed through your chosen credit or debit card used for the initial payment of the order.
2.2 If you have chosen to pay by cheque, this will be deposited by us upon receipt of the cheque. Once the cheque has been cleared for payment, we will begin processing your order. In the event that there is insufficient stock to satisfy your order you will be informed as soon as possible. We will then offer to order the goods for you, and quote you an approximate lead time, or should you choose to cancel your order at this point, a refund will be made by cheque from us to you.
2.3 If your order contains items against which we have only taken a 20% deposit, the balance outstanding must be paid in full (and cleared if paying by cheque) before final delivery is made. Our delivery staff do not handle any payments whatsoever. All goods must be paid for in full before despatch, we do not operate a ‘cash on delivery’ system.
2.4 We will advise you if your payment details cannot be authorised for any reason or if your cheque has failed to clear. We may then invite you to pay by another method. Any bank or other charges incurred by us in relation to an uncleared or “bounced” cheque which you present to us, will be invoiced to you.
2.5 All prices and charges on this website are quoted in UK pounds. The price you pay for your order is that price which is displayed on the website. Prices include VAT unless otherwise stated but exclude delivery charges, which are calculated when you select your delivery area from the uk map illustration featured on this website. Delivery charges are calculated as part of the checkout process, based on the proximity of your delivery address to our Lincoln distribution centre. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you an option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.
3. Security and Clearing
3.1 All credit and debit card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit and debit card information is encrypted prior to it being transferred to the bank for authorisation.
3.2 As an additional security means, no credit or debit card details are stored once your order has been processed.
4. Delivery of goods to you
4.1 We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order. We can only deliver to addresses within mainland England. We regret that we cannot deliver off shore, ie we do not deliver to the Channel Islands, Isle of Man, Scottish Islands, Northern Ireland or the Republic of Ireland or anywhere else in the World.
4.2 We aim to deliver your furniture within the time quoted on our website when you place your order. If circumstances change, we will contact you. If, however, your order is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss. We have no redress against our suppliers for late delivery, and whilst we appreciate that overdue orders are dissatisfying, we do not pay damages or compensation for late goods. You specifically accept when placing an order on this website that occasionally goods may arrive later that the time period we quote to you when ordering and agree that you will not persue us for damages for late delivery of goods.
4.3 The delivery times quoted on the website are for delivery to postcodes which fall within our normal delivery areas. Should your postcode fall outside our normal delivery area, delivery times may vary. We will inform you of this when confirming acceptance of your order.
4.4 You will become the owner of the goods (and be liable for the loss or destruction of the goods) at the time of delivery, provided that we have received payment in full for the goods.
4.5 Our professional Home Delivery Team will carefully install your new furniture in your home, (subject to access). They will remove all wrappings and packaging and dispose of them for you. Unless we have specified delivery by carrier or doorstep delivery only. Regrettably, due to both Health & Safety, Hygeine & logistical reasons, we regret that we are unable to dispose of any old furniture. Local authorities have an obligation to provide a waste disposal service and many will dispose of your old furniture for a nominal charge.
4.6 All deliveries are signed for. We will arrange a specific date for delivery with you. If you are out when our delivery team arrives, they will leave a card with a contact number for you to call them and arrange a delivery at a future date. Please note that there will be an additional charge for re-delivery.
5. Delivery & Access
Delivery is officially to the front door only, however as a good will gesture, we will attempt to deliver to the customers room of choice if access is clear.
5.1 Before placing an order, please check that the items of furniture will fit through any passages, stairwells, landings and doorways on the way to the destination room.
5.2 As part of the checkout process, you will be requested to confirm that you have checked access thoroughly and accept responsibility that the goods will fit.
You must ensure that you have allowed adequate access to the room which you wish to have goods delivered into. In such instances whereby you have not emptied your room and accessway ready to accept goods. We reserve the right to either make a charge of an additional £20 (payable by card over the telephone) to move your old goods either into another room or outbuilding at the same premises as delivery. If you do not wish to incur this additional charge at the point of delivery, we will give you the option to sign for the goods to be left at the front door of your property. Alternatively we will allow you a fifteen minute ‘time window’ for you to have the room prepared ready to accept your new goods.
You accept full responsibility for ensuring that goods ordered by you, can be delivered into your room of choice, where we are unable to deliver into your room of choice, you agree to accept the goods at your ‘front door’ and make your own arrangements for tradesmen to remove doors and windows as necessary. In such instances, you agree to take full responsibility for getting the goods into the room of your choice.
Upon delivery, you specifically indemnify us fully against any damage to your property, or to goods being delivered, once we enter the legal boundary of your property. You accept that where you request a delivery into your premises, this is done entirely at your own risk.
Where we are unable to deliver due to restricted access, you agree to sign for & accept goods at the front door to your property.
5.3 Should you have any concerns over access, then please note them on the comments box on the order or contact us by e-mail or on 01522 510210 9am – 5 pm Monday to Thursday and 9am to 12pm on Saturday..
6. Cooling Off Period
6.1 You are entitled to a statutory cooling off period for goods ordered online or by telephone only (This does not apply to goods ordered instore). beginning from the date you placed your order and ending 7 working days after you received the goods. (This applies to most stock goods). Special order/bespoke order goods or goods altered or cut to size are excluded from this 7 day cooling off period.
Certain other goods are exempt from this cooling off period, for example a mattress or a pillow which has been taken out of its sealed packaging in which it was delivered, and special order or bespoke items of upholstery, beds or furniture (specifically items manufactured for you as per your selections made on the website). Bespoke items mean any item which has been specifically manufactured to your own choice of colour or combination or size. Items where a lead time is quoted or the terms, customise, ‘special order’ or ‘bespoke’ appear upon the item description or your order are to be considered be-spoke (made specifically for you) and are therefore, as far as is permissible by law, excluded from the statutory cooling off or cancellation period.
Items which state ‘In Stock’ and where we do not quote an order lead time are not considered bespoke items (ie off the shelf items) and are therefore covered by the cooling off and cancellation period.
6.2 You must inform us in writing during the cooling off period that you are cancelling the contract (e-mails are accepted).
6.3 If you have not received the goods at the time of cancellation of the contract, and we have not processed the goods for delivery, we will refund to you all the monies paid by you for the goods in question including the delivery charges in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of the your cancellation being accepted.
6.4 If you have not received the goods at the time of cancellation of the contract, but we have processed the goods for delivery, and they are en route, you must not unpack the goods when they are received by you. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question, excluding the cost of collection of the goods, in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted.
6.5 If you have received the goods at the time of cancellation of the contract the goods must be returned to us as soon as possible. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question, excluding the cost of collection of the goods, and excluding the original delivery charge, in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted, PROVIDED THAT the goods are returned by you and received by us in the condition that they were in when delivered to you.
6.6 If you do not return the goods to us we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you.
7. Damaged or Defective Goods
7.1 Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.
7.2 If the goods are found to be either damaged or defective in any way at the time of delivery, you must record details on our delivery ticket when signing for the goods immediately. You must also email us stating the details of any problem. If damage is discovered after delivery, you must contact us within 24 hours of delivery of the goods.
7.3 If the goods are damaged, you will permit us to effect a professional repair to manufacturing standards. Where we are unable to repair the item to manufacturing standards, we will raise an order for replacement parts upon confirmation that the damaged item has been returned to us, this may result in an additional order time to allow the manufacturers to supply replacement parts/goods for you.
7.4 If the goods are found to be defective we will refund all monies paid by you for the goods in question (including the delivery charges) together with any return delivery charges in the same form of payment originally used for the purchase as soon as possible.
7.5 Where goods are delivered by carrier, collected by the customer or are outside of a 50 mile radius of our distribution centre, They are purchased with the full acceptance of the fact that we operate a back to base warranty service on purchases sent to customers in excess of 50 miles of our distribution centre.
This means that whilst warranty repair work and the cost of all parts will be borne by us and carried out free of charge. Specifically, we will not be responsible for the collection or return of goods. Back to base means that you, as the customer accept full responsibility for the return of the goods to us for repair and collection of them after repair work has been carried out, and all associated carriage costs. You specifically indemnify us (Clayton’s) against all carriage costs relating to the collection and re-delivery of goods.
If however we have delivered goods to you, and you live within our normal delivery radius of 50 miles from our Lincoln distribution centre, we will collect repair and return goods under warranty and will stand all costs involved.
8. Cancellation by Us
8.1 We reserve the right not to accept any order request if:
8.1.1 we have insufficient stock to deliver the goods you have ordered;
8.1.2 we do not deliver to your area;
8.1.3 one or more of the goods ordered was incorrectly described or priced on the website;
8.1.4 the payment transaction is not authorised; or
8.1.5 you have not complied with any of the conditions set out in these terms and conditions.
8.2 If we do cancel your contract we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not pay any damages or interest whatsoever or offer any compensation for disappointment suffered.
9. Stock Levels
9.1 As far as reasonably possible all products featured to buy on the website are either in stock and available at the time of ordering, or are produced to order with the anticipated lead-time published on site
9.2 If any item is out of stock we will notify you and offer you the option of ordering the goods and we will quote you a lead time at the point of ordering or we will offer you the chance to cancel your order.
10. Unforeseen Circumstances
While every effort is made to meet our customers’ demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.
11. Complaints and Remarks
11.1 If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by facsimile, telephone or e-mail, the details of which are contained under the “Contact Us” page.
11.2 Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.
12. Contractual Capacity
12.1 In order to be eligible to enter into a contract with us to purchase goods through the website you must:-
12.1.1 provide the required information including your real name, payment details including your card address; your delivery address if different from your card address; e-mail address and telephone number;
12.1.2 be over the age of 18.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
These terms and conditions shall be governed by and construed in accordance with English law and you hereby agree to be subject to the jurisdiction of the Courts of England and Wales. All contracts are concluded in English.
15. Data Protection and Privacy
Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorise us to transmit information to or to obtain information about you from third parties (including, but not limited to, your debit or credit card number), to authenticate your identity, to validate your debit or credit card and to authorise the transaction. You acknowledge that you consent to the processing of such information. the terms of which you acknowledge and agree to be bound by.
16. Entire Agreement
16.2 Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.
16.3 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
B. INTELLECTUAL PROPERTY RIGHTS
The content of this Website is © Clayton’s Carpets Limited and Claytons Upholstery Ltd (or its third party licensors). You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us (or our licensors). You may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us (or our licensors).
Clayton’s is providing this Website on an “as is” basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website, or its contents and disclaims all such representations and warranties. In addition, Clayton’s makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Clayton’s howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither Clayton’s nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Clayton’s accepts no liability for any information or content contained in external third party websites which link to or from this Website.
Notwithstanding the a foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer under local or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of employees and/or agents.
D. CONTACT US
ORDERS FOR FURNITURE WILL BE PROCESSED BY CLAYTON’S UPHOLSTERY LTD.
ORDERS FOR FLOORING & RUGS WILL BE PROCESSED BY CLAYTON’S CARPETS LTD.
For any online queries, please refer to the “Contact Us” page.
The registered office of Clayton’s Upholstery Limited and Clayton’s Carpets Ltd is:
Tritton House, Tritton Road, LINCOLN LN6 7BN
Telephone: 01522 510210
Fax: 01522 514791
e-mail address: email@example.com
Clayton’s Upholstery Ltd Company registration number: 1859819
VAT registration number: 364 – 8827 – 12
Clayton’s Carpets Ltd, Tritton House, Tritton Road, LINCOLN LN6 7BN
Clayton’s Carpets Ltd Company registration number: 3695697
VAT registration number: 727-9238-04