EAST YORKSHIRE CARPET & BED LIMITED – TERMS OF SALE (Terms)

(April 2025)

Your attention is particularly drawn to the provisions of clause 14 (Limitation of Liability)

Definitions of Terms within the contract

Charges the charges payable by you to us for the supply of the Goods and/or Services, as set out in the Order Confirmation and any other outstanding invoices that are payable by you to us.

contract the contract between you and us for the supply of Goods and/or Services in accordance with the Order Confirmation and Terms.

Fitter shall mean any assigned self-employed flooring contractor chosen by us who shall fit or install the Goods detailed in the Order Confirmation or supply the Services detailed in the Order Confirmation.

Force Majeure Event an event set out in clause 14.4.

Goods the goods (or any part of them) as set out in the Order Confirmation.

Order your order for the Goods and/or Services whether oral or in writing.

Order Confirmation written acceptance of the Order issued by us to you.

Services the services as set out in the Order Confirmation which may include measuring and estimating for quantity of Goods, fitting or installation of the Goods and related services supplied to you in connection with the Goods to meet your requirements as specified and agreed between ourselves in the Order Confirmation or as agreed from time to time between ourselves in writing.

we/us/our the supplier of Goods and/or Services whose details are set out in clause 2.1.

you means the customer who purchases the Goods and/or Services from us.

1. These terms
   • What these terms cover. These are the terms and conditions on which we supply the Goods and/or Services to you.
   • Why you should read them. Please read these terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide Goods and/or Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
   • These terms may have changed since you last reviewed them. Please see our website for access to the terms and conditions that may have applied at the time of acceptance of your Order.
   • These terms apply to both consumers and business customers. Because business customers don’t always have the same rights as consumers, for example when it comes to cancellations, where there is a problem with the Goods and/or Services or compensation for losses, we have let you know in these terms where things apply to business or consumer customers. Unless it says in these terms “if you’re a business” or similar or “if you’re a consumer” or similar it will apply to both. You are considered to be a business customer if you are buying or using the Goods and/or Services wholly or mainly for use in connection with your trade, business, craft or profession, even if you’re an individual.
2. Information about us and how to contact us
   • Who we are. We are East Yorkshire Carpet & Bed Limited a company registered in England and Wales. Our company registration number is 05313378 and our registered office is at 5-11 Dansom Lane South, Hull, England, HU8 7LB. Our registered VAT number is 856506995. You can find everything you need to know about us on our website at eastyorkshirecarpets.co.uk.
   • How to contact us. You can contact us by:
     • by phone : on 01482 227800; or
     • by email: at beverley@eastyorkshirecarpets.co.uk or cloughroad@eastyorkshirecarpets.co.uk; or
     • by post: to East Yorkshire Carpet & Bed Limited at either Mill Lane, Beverley, East Yorkshire, HU17 9DH or Clough Road, Hull, East Yorkshire, HU6 7PE.

Alternatively, please speak to one of our staff in person at either of our stores located at Mill Lane, Beverley, East Yorkshire, HU17 9DH or Clough Road, Hull, East Yorkshire, HU6 7PE.

• How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order Confirmation.
• “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you
   • Your Order. The Order constitutes an offer by you to purchase the Goods and/or Services in accordance with these terms.
   • How we will accept your Order. Our acceptance of your Order will take place when we give or send you a written Order Confirmation, at which point and on which date a contract will come into existence between you and us, even if you have only paid a deposit for the Goods.
   • If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this and will not charge you for the Goods or Services. This might be because the Services are unavailable, Goods are unexpectedly out of stock, because there has been an unexpected limit on our resources which we could not have reasonably planned for, because we have identified an error in the price or description of the Goods, because you are located outside the UK or because we are unable to meet a delivery deadline you have specified. When this happens, we will let you know as soon as possible and refund any sums you have paid.
   • Your Order number. We will assign an order reference/number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order reference/number whenever you contact us about your Order.
   • We only sell to the UK. Our brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. Our Goods
   • Goods may vary slightly from their pictures. The images of the Goods in our brochure or on our website are for illustrative purposes only and it is recommended that you check the product features and any samples in store before placing an order with us. Samples in our store may only show a small part of the overall design as this will have been taken from a much larger piece. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflect the colour of the products. Due to the nature of the goods sold, they may vary slightly from those images due to the characteristics of the natural material or wood e.g. shading is a natural characteristic of all cut pile carpets and does not affect the wear of the carpet in any way.
   • Packaging of the Goods may vary. The packaging of the Goods may vary from that shown in images on our website or in our catalogue or brochure.
   • Making sure your measurements are accurate. If we are making or supplying the Goods to measurements you have given us, you are responsible for ensuring that those measurements are correct. You can find information and tips on how to measure in our brochure or on our website, or by contacting us.
5. Your rights to make changes

If you wish to make a change to the Goods and/or Services you have ordered, please contact us as soon as possible and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Goods and/or Services, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Our rights to make changes to Goods/Services or these terms
   • Minor changes to the Goods/Services or terms. We may change the Goods and/or Services or these terms to reflect changes in relevant laws and regulatory requirements.
   • More significant changes to the Goods/Services and or these terms. We may make changes to Goods and/ or Services or these terms, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7. Providing the Goods and Services
   • Delivery costs. If the Goods are floor coverings, unless the Order Confirmation says otherwise, we do not charge you for the cost of delivery. If your Goods are beds, mattresses, furniture or anything else, the delivery cost will be as set out in the Order Confirmation.
   • When we will provide the Goods and/or Services. During the order process we will let you know when we will provide or deliver the Goods and/or Services to you.
   • We and the Fitter are not responsible for delays outside our control. If the supply of your Goods and/or Services is delayed by an event outside our or the Fitter’s control (such as a Force Majeure Event), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we and the Fitter will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods and/or Services you have paid for in advance but have not yet received.
   • Collection by you. If you have asked to collect the Goods from our warehouse, you can collect the Goods from us at any time during our working hours of 08:30 – 17:30 Monday to Friday.
   • If you are not in when the Goods are delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the Goods from our warehouse.
   • If you do not re-arrange delivery. If you do not collect the Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from our warehouse we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 3 will apply.
   • If you do not allow access to supply the Services. If you have asked us to arrange a Service for the installation/fitting of the Goods for you and you do not allow us or the Fitter access to your property as arranged (and you do not have a good reason for this) you may be charged additional costs as a result. If, despite our reasonable efforts, we or the Fitter are unable to contact you or re-arrange access to your property we may end the contract, clause 3 will apply, we may sell any Goods as we see fit and set off any sums received against any costs we have suffered.
   • Your legal rights if we deliver late. All delivery and supply dates are estimates only and time is not of the essence. We will use our reasonable endeavours to meet any agreed delivery or supply dates.
   • When you become responsible for the Goods. The Goods will be your responsibility from the time we deliver the Goods to the address we agreed we would deliver them to or from the point you (or someone nominated by you) collected it from us.
   • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Goods and/or Services to you for example, room measurements and dimensions, if any old floor covering needs removing, if furniture in the room needs moving, if there is parking at the property or how to access your property. If so, this will have been explained to you at the point of ordering. We may have to contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 1 or 11.2) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods and Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
   • Reasons we may suspend the supply of Goods and/or Services to you. We may have to suspend the supply of Goods and/or Services to:
     • deal with technical problems or make minor technical changes;
     • update the Goods to reflect changes in relevant laws and regulatory requirements;
     • you have not paid for the Goods or Services when required or you are in breach of this contract; or
     • make changes to the Goods and/or Services as requested by you or notified by us to you (see clause 6).
   • Your rights if we suspend the supply of Goods and/or Services. We will contact you in advance to tell you we will be suspending supply of the Goods and/or Services, unless the problem is urgent or an emergency. If you are a consumer and provided you are not in breach of the contract, you may contact us to end the contract for Goods and/or Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month, and we will refund any sums you have paid in advance for the Goods and/or Services in respect of the period after you end the contract unless you have breached the contract in which case clauses 11.1 or 11.2 may apply.
   • We may also suspend supply of the Goods and/or Services if you do not pay or have breached the contract. If you do not pay us for the Goods and/or Services when you are supposed to or you have breached the contract in another way, we may suspend supply of the Goods and/or Services until you have paid us the outstanding amounts or rectified the breach (see clause 11.1 and 11.2). As well as suspending supply of the Goods and/or Services we can also charge you interest on your overdue payments (see clause 5).
   • Return of full packs of flooring and accessories. Returns of full packs of flooring and accessories which are in their original packaging and in good condition for resale may be accepted, up to a maximum of two packs, to allow for over measuring. This does not include bespoke or special order items. If such Goods are returned and accepted then a refund will be made by the method you used for payment.
8. Fitting of the Goods
   • We will fit the Goods supplied if you have requested this Service from us and we agree to do so. Alternatively, you may make any other arrangements for fitting of the Goods yourself.
   • We will take reasonable care to identify and assign a self-employed Fitter who we believe is suitable to install the Goods you have purchased from us. We will liaise with you and the Fitter to arrange a suitable date for an appointment for the Fitter to install the Goods. If you have chosen this Service from us then the cost of this Service will be set out on your Order Confirmation and will be included within your Charges. If the cost of this Service increases this will be communicated to you.
   • We and the Fitter retain full responsibility for the standard and quality of the Goods and Services that we supply to you. If there is a problem with the fitting which we arranged as part of the Services, we will ask the Fitter concerned to revisit your property to survey the issue and if necessary, ask the Fitter to carry out any necessary remedial works.
   • Damage caused by Fitter. If any damage has been caused by the Fitter to your premises, possessions, the Goods or anything else arising from the Services supplied by the Fitter, please contact us as soon as possible so that we can help to resolve the situation.
   • Door and kickboard trimming. Where the depth of the Goods requires the trimming of your doors or kickboards, this is not considered to be part of the Fitter’s work. The Fitter may need to remove doors or kickboards to facilitate the fitting of the Goods.  If they do so, they will leave them ready for you to make your own arrangements regarding trimming and rehanging at a later date.
   • Fitting or measuring appointments are estimates only and are made in good faith, but the exact arrival and duration times cannot be guaranteed due to the nature and unpredictability of the work involved. Time is not of the essence. The Fitter will communicate to you if they consider the installation will take longer than anticipated. We or the Fitter will not be liable for any expenses incurred, or loss of income, arising from missed or late appointments.
   • Fitters undertake to carry out their work with reasonable skill and care, but even with the greatest care décor may be marked or scuffed during the fitting process. New paintwork and wallpaper is especially vulnerable and should be allowed to fully dry before fitting of the Goods commences. A minimum of two weeks is recommended. Neither we nor any Fitter are responsible for the cost of repairing any pre-existing faults or damage to your property which we or your Fitter discover while providing the Services or for carrying out any redecoration, except where damage has been caused by the Fitter’s negligence.
   • Sub floor preparation. All quotations and orders are on the basis that the sub floor is suitable for fitting the Goods that you have selected without additional work. It is your responsibility to ensure that this is the case. Any Fitter recommended by us will fit the Goods on your sub floor as it is when he or she arrives to fit the Goods unless you have asked us to arrange for any works to be carried out to your sub floor. When we visit your property to take measurements we will survey the floor and ascertain whether the sub floor requires extra preparatory work (such as a smoothing compound or plyboard installation) and recommend the best method and advise on the type of preparation needed. We will not be able to ascertain what sub floor preparation works are needed if your old floor covering is in situ at the time of our inspection.  The Fitter will, in the majority of cases, be able to assist with sub floor preparation. If this service is being provided it and the associated cost will be set out in the Order Confirmation. Alternatively you can instruct your own fitter to do sub floor preparation and installation of the Goods. If any damage is caused to the Goods as a result of your sub floor being inadequate, all costs associated with remedying the sub floor and replacing any Goods are solely your responsibility.
   • Free Standing furniture/appliance removal. You must ensure that all rooms where the Goods are to be fitted are clear of free standing furniture and appliances prior to the arrival of the Fitter. If the Fitter arrives at your property and has to remove any free standing furniture or appliances that we or the Fitter were not already aware of then the cost of this will be added onto your Charges. If we have agreed to remove free standing furniture and appliances, this and the associated cost will be set out in the Order Confirmation.
   • Uplift and disposal of old floor covering and packaging. Unless we have agreed to lift and remove old flooring and this is set out in the Order Confirmation we are not responsible for lifting and removing old floor coverings and you must ensure that any old floor covering is removed prior to fitting. If the Fitter arrives at your property and has to remove any old floor covering to enable them to carry out their work that we or the Fitter were not already aware of then the cost of this will be added onto your Charges. If you require any old floor covering to be removed and/or disposed of please let us know and we can arrange for them to be taken up and disposed of in the most environmentally-efficient way. There will be a charge for this service. Once the Fitter has completed their work they will usually bag up any offcuts and leave these in the property for you to dispose of.
9. Your rights to end the contract (if you’re a consumer)
   • The cancellation rights in this clause 9 are only applicable if your Order has been made over the phone or online and you are a consumer. They do not apply if you have made your Order in our store.  If you have made your Order in store and you are a consumer and there is a problem with the Goods or Services then you may have legal rights to a repair, replacement or refund under clause 12 depending on when you find the fault.
   • Your rights when you end the contract with us will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
     • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Goods repaired or replaced or a Service re-performed or to get some or all of your money back), see clause 12;
     • If you want to end the contract because of something we have done or have told you we are going to do, see clause 3;
     • If you have just changed your mind about the Goods, see clause 4. You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods;
     • In all other cases (if we are not at fault and there is no right to change your mind), see clause 5.
   • Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:
     • we have told you about an upcoming change to the Goods or these terms which you do not agree to (see clause 2);
     • we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
     • there is a risk that supply of the Goods may be significantly delayed because of events outside our control;
     • we have suspended supply of the Goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
     • you have a legal right to end the contract because of something we have done wrong.
   • Exercising your right to change your mind (Consumer Contracts Regulations 2013).
     • If you bought the Goods over the telephone or online then you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
     • When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
       • bespoke made to measure items such as divan beds which have been wrapped your choice of fabric carpets or Goods that have already been cut to size (including flooring that has been cut from a roll for ease of transport to your premises);
       • Services, once these have been completed, even if the cancellation period is still running; or
       • Goods which were bought instore.
     • How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive the Goods to change your mind about the Goods, unless your Goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the Goods.

If you have changed your mind and would like a refund, please contact us and we will check the status of your order and confirm whether you have a right to change your mind.

• Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Goods is completed when the Goods are delivered and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us in writing to let us know. The contract will end immediately on receipt of your notice and we will refund any sums paid by you for Goods not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract. This may be an amount equal to the cost of the Goods and/or Services being supplied.

10. How to end the contract with us (including if you have changed your mind) pursuant to clause 9 if you are a consumer.
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone or email: call us on 01482 227800 or email us at either beverley@eastyorkshirecarpets.co.uk or cloughroad@eastyorkshirecarpets.co.uk. Please provide your name, home address, details of the Order including your Order number, phone number and email address; or
      • By post: complete and print off the Model Cancellation Form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address;
      • we will then check the status of your Order and confirm whether cancellation is possible.
    • Returning Goods after ending the contract. If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must either return the Goods in person to where you bought them with your proof of purchase and the card that you paid with, or allow us to collect them from you. Please call us on customer services on 01482 227800 or email us at beverley@eastyorkshirecarpets.co.uk or cloughroad@eastyorkshirecarpets.co.uk to arrange return or collection. If you are exercising your right to change your mind you must send the Goods back to us within 14 days of telling us that you have changed your mind
    • When we will pay the costs of return. We will pay the costs of return:
      • if the Goods are faulty or misdescribed;
      • if you are ending the contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of removal and return or collection.

• What we charge for collection. If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection.
• How we will refund you. We will refund you the price you paid for the Goods including delivery costs, by the method you used for payment and we will not charge a fee for the refund. However, we may make deductions from the price, as described below.
• Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
  • If you have used or damaged the Goods, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods. If you handle the Goods in a way which would not be acceptable in-store we will reduce any refund to compensate us for its reduced value. For example, we reduce your refund if the condition of the Goods is not “as new” to cover our costs of having to re-sell the Goods as a discounted remnant in our store. In some cases, because of the way that you have stored or treated the Goods, no refund may be due.  If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount which will be invoiced to you separately.
  • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
  • Where the product is a Service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
• When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
  • if the products are Goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods back to us, see clause 11.3.
  • In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

11. Our rights to end the contract
    • If you’re a consumer, we may end or suspend the contract if you break it. We may end or suspend the contract for the supply of Goods or Services at any time by writing to you if you breach the contract. Breaches include but are not limited to the following:
      • you do not pay any of our Charges on the date that they are due and you still do not make payment within 7 days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that is necessary for us to provide the Goods or Services to you, for example, room measurements and dimensions, if any old floor covering needs removing, if furniture or appliances in the room needs moving, if there is parking at the property, or allow us access to the property to obtain such information;
      • you do not, within a reasonable time, either allow us to deliver the Goods or supply the Services to you or collect the Goods from us;
      • you become insolvent or bankrupt, you enter into an arrangement with your creditors or if any legal action is taken or threatened against your property;
      • you die;
      • your financial position deteriorates to an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the contract have been placed in jeopardy;
      • you or anyone you authorise to deal with on your behalf acts in an unreasonable or inappropriate way towards our staff or agents that we believe is a reasonable cause for us to end this contract; or
      • if we are entitled to do so under any other term of the contract.
    • If you’re a business, we may end or suspend the contract if you break it. We may end or suspend the contract for the Supply of Goods or Services at any time by writing to you if you breach the contract or
      • any of the events listed at clauses 11.1(a) to 11.1(h) apply; or
      • you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 (if you’re a consumer) and 11.2 (if you’re a business) we will refund any money you have paid in advance for Goods and/or Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract which may be the amount you have paid us for the Goods and/or Services. You shall immediately pay us any outstanding Charges, invoices and interest and in respect of Goods and/or Services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable by you immediately upon receipt.
12. If there is a problem with the Goods or Services (bought in store, online or over the telephone).
    • How to tell us about problems. If you have any questions or complaints about the Goods or Services, please contact us and we will do our best to fix the problem. You can telephone our customer service team at 01482 227800, email us at either beverley@eastyorkshirecarpets.co.uk or cloughroad@eastyorkshirecarpets.co.uk or write to us at 5-11 Dansom Lane South Hull HU8 7LB. Alternatively, please speak to one of our staff in-store. If you are still not happy you do have the option to use an alternative dispute resolution process without having to go to court.
    • Summary of your legal rights as a consumer. We are under a legal duty to supply Goods and Services that are in conformity with this contract. If you think something is wrong with the Goods you must either bring it into one of our stores or contact us. We honour our legal duty to provide you with Goods that are as described to you on our website and that meet all the requirements imposed by law.  See the box below for a summary of your key legal rights in relation to the Goods and Services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If we are supplying goods, for example flooring or beds, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) up to 30 days: if your goods are faulty, then you can get a refund. b) up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. If we are supplying services, for example measuring or installation of the Goods at your property, the Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. b) If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable. c) If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

• Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods if they are faulty we may ask you to either return them in person to where you bought them, return them back to us or allow us to collect them from you. We will pay the costs of return or collection if you are rejecting the Goods in accordance with clause 3. Please call customer services on 01482 227800 or email us at either beverley@eastyorkshirecarpets.co.uk or cloughroad@eastyorkshirecarpets.co.uk to arrange return or collection.

13. Price and payment
    • Where to find the price for the Goods and Services. The price of the Goods and Services (which includes VAT) will be the price set out in our price list in force at the date of your Order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of the Goods and Services advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the Goods or Services you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your Order date and the date we supply the Goods and Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods and Services (including delivery costs) in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Goods or Services we supply may be incorrectly priced. We will normally check prices before accepting your Order so that, where the correct price of the Goods and Services at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the correct price of the Goods or Services at your Order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the Goods at our expense.
    • When you must pay and how you must pay. We accept payment with cash, and most major credit cards including Mastercard, Visa, Delta / Connect and Maestro. Unless we have agreed credit terms with you in writing, you must pay for the Goods (including delivery) and any Services in full at the time that we accept your Order. Any additional payments which are not on the Order Confirmation but are due and payable by you under the contract will be invoiced to you separately and payment is due on receipt of that invoice unless agreed otherwise in writing by us.
    • We can charge interest if you pay late. If you have not paid us by the due date for payment we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    • What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
    • Any deposit paid by you will be treated as a reservation fee. Notwithstanding any other provision of this contract if the contract is terminated then we will be entitled to retain any deposit.
    • Retention of title. Title to the Goods shall not pass to you until we have received payment in full (in cash or cleared funds) for:
      • the Goods; and
      • any other goods or services that we have supplied to you in respect of which payment has become due.
    • Until title to the Goods has passed to you, you shall:
      • hold the Goods on a fiduciary basis as our bailee;
      • store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
      • not remove, deface or obscure any serial number, chassis number or other identifying mark on or relating to the Goods;
      • maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
      • notify us immediately if you become subject to any of the events listed in clauses 11.1(d) – (f) inclusive or 11.2(b); and
      • give us such information relating to the Goods as we may require from time to time,

but if you are a business you may resell or use the Goods in the ordinary course of your business.

• Subject to clause 13.11, and if you are a business, you may resell or use the Goods in the ordinary course of your business (but not otherwise) before we receive payment for the Goods. However, if you resell the Goods before that time:
  • you do so as principal and not as our agent; and
  • title to the Goods shall pass from us to you immediately before the time at which resale by you occurs.
• If before title to the Goods passes to you, you become subject to any of the events listed in clauses 11.1(d) – (f) inclusive or 11.2(b), or we reasonably believes that any such event is about to happen and notifies you accordingly, then, without limiting any other right or remedy we may have:
  • your right to resell the Goods if you are a business, or use them in the ordinary course of your business ceases immediately; and
  • we may at any time:
    • require you to deliver up all Goods in your possession which have not been resold, or irrevocably incorporated into another product; and
    • if you fail to do so promptly, enter your premises or of any third party where the Goods are stored in order to recover them.
  • In the event two or more parties comprise the customer, then each shall be jointly and severally liable for their obligations under the contract.
  • You shall, on demand, pay to us (on a full indemnity basis) the amount of all costs and expenses (including legal, agents and other professional expenses) incurred by us in connection with enforcing, preserving any rights under, or monitoring the provisions of, the contract.
  • You shall indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any breach of the terms of the contract by you.

14. Our responsibility for loss or damage suffered by you (“Limitation of Liability”)
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (as applicable); for fraud or fraudulent misrepresentation; for breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, for defective products under the Consumer Protection Act 1987 and for any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • We are not liable to you for business losses. We are not liable to you for any loss of profit, sales or business, agreements or contracts, loss of use or corruption of software, data or information, loss of or damage to goodwill, business interruption or loss of business opportunity and/or any indirect or consequential loss arising under or in connection with the contract.
    • There is a cap on our liability. Apart from the reasons in clause 14.1, our total liability to you shall be limited to the total price paid by you for the Goods and/or Services.
    • We are not responsible for any loss caused by a delaying event that we cannot control (Force Majeure Event). Neither we nor the Fitter are responsible to you for any matters that are beyond our reasonable control, for example any event, the consequences of which were unavoidable after all reasonable measures have been taken.  This includes bad weather, natural disasters such as flooding, local or national emergencies, disorder, war or terrorism, pandemic and all similar events we have no control over.
    • If you are a consumer, we are not responsible for any loss that could have been avoided by taking reasonable action. For example you did not take proper care of the Goods between the Goods being delivered to your property and installation by the Fitter.
    • We are not liable for breach of implied terms to the extent permitted by law. Terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 5 of the Supply of Goods and Services Act 1982 (relating to conformance with description and sample, satisfactory quality and fitness for purpose) are, to the fullest extent permitted by law, excluded from the contract.
15. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.  A copy of our Privacy Policy can be found can be found on our website https://www.eastyorkshirecarpets.co.uk/privacy-policy/

16. Other important terms
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms and neither of us will ask anybody else to sign-off on ending or changing it.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods or Services, we can still require you to make the payment at a later date.
    • If there is a conflict between the terms of the Order Confirmation and these terms, then the Order Confirmation shall have priority.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts.
    • If you’re a business customer, this is our entire agreement with you. If you’re a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on your behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation based on any statement in this contract.
    • Personal Data. We will process personal data relating to you in accordance with the provisions of the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation for so long as the GDPR is effective in the UK, and any successor legislation to the Data Protection Act 1998 and the GDPR, in particular the Data Protection Bill 2017-2019 once it becomes law.
    • Full details of the purposes for which we will process personal data relating to you are described in our privacy notice which is available on request from us or available for the you to view on our website.
    • We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the contract.
    • You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the contract without our prior written consent.
    • Unless specified otherwise in these terms, any notice or other communication given to a party under or in connection with the contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, or other next working day delivery service, commercial courier.
    • A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 16.11; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
    • If any court or competent authority finds that any provision of the contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.
    • If any invalid, unenforceable or illegal provision of the contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
    • A waiver of any right or remedy under the contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
    • Third party rights. A person who is not a party to the contract shall not have any rights to enforce its terms.
    • Except as set out in these terms, any variation to the contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by us.