General terms and conditions

1. These Terms

1.1. What these terms cover
These are the terms and conditions on which we OneFlor UK Ltd may supply goods to you. We draw your attention in particular to clauses: 7, 8, 9, 10 and 11.
1.2. 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 to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.

• You are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to business customers are stated as such or referred to as such in these terms. Clause 14 applies to business customers to the exclusion of clause 13.
Clause 13 applies to consumers to the exclusion of clause 14.
1.4. If you are a business customer these terms are our entire agreement with you. If you are 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 or on behalf of us which is not set out in our contract and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in our contract.

2. Information about us and how to contact us

2.1. Who we are
OneFlor UK Ltd is a company registered in England and Wales with company number 12507316 and our registered office address is Westwood House, Annie Med Lane, South Cave, United Kingdom, HU15 2HG. Our VAT registration number is GB34555192.
2.2. How to contact us
You can contact us by telephoning us on 07928 597187 if you are in the UK or +44 7928 597187 if you are outside of the UK. You can also email us at sales@oneflor-uk.co.uk.
2.3. 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.
2.4. “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1. How we will accept your order
When placing an order with us, you are making an offer to buy the goods. We will send you an email to confirm that we have received your order and we will then check the price and availability of the goods. Acceptance of your offer will take place when we write to you again to accept your order or when we write to you to inform you that we are able to provide you with the good, at which point a contract will come into existence between you and us.
Only once payment has been received in full, or a finance agreement established, will your order will be processed.

3.2. If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing or by phone and will not charge you for the good. This might be because the good is out of stock, because we have identified an error in the price or description of the good or because we are unable to meet a delivery deadline you have specified. When this happens, we let you know as soon as possible and refund any sums you have paid.
We will assign an order 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 number whenever you contact us about your order.

4. Our goods

4.1. goods may vary slightly from their pictures
The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your good may vary slightly from those images. Please note that as a natural living good, wood has many variations in grain pattern and colour variance and these cannot be accepted as a reason for exchange or rejection.
4.2. Suitability
Before you place an order, it is important that you check the manufacturer’s specification details for suitability for their intended purpose. If you are unsure about the suitability of the goods, then please ask us.
4.3. Good packaging may vary
The packaging of the good may vary from that shown in images on our website or in any other marketing material provided by us.
4.4. Making sure your measurements are accurate
If we are supplying the good to measurements you have given us, you are responsible for ensuring that these measurements are correct.
4.5. Checking that goods are correct
Prior to commencing the installation or any adjustments to the flooring, please examine them for any faults. By fitting the flooring or making alterations in any way, you shall be deemed to have accepted the goods.
We are not responsible or liable for any incidental work, costs, losses, expenses or otherwise arising out of or in connection with bad workmanship relating to the fitting of any flooring or any such bad workmanship that is applied to our goods.
4.6. Offers and promotions
We may from time to time offer promotions on some of our goods or good ranges. We reserve the right to change the details of a promotion or withdraw a promotion at our discretion.

5. Your rights to make changes

5.1. Changes to the order
If you wish to make a change to the goods you have ordered, please contact us. 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, 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

6.1. Minor changes to the good We may change the good:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a quality issue. These changes will not affect your use of the good.

7. Providing the goods

7.1. Delivery costs
The costs of delivery will be as told to you during the order process. Delivery prices are as advertised on our website, told to you on the telephone or as otherwise advised by us in writing.
7.2. When we will provide the goods
We will provide the goods on the date agreed during the order process, but any such date agreed is an estimated date of delivery only unless all parties agree to the contrary in writing. If the parties make such an agreement and delivery is late, clause 7.5 will apply.
7.3. 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 to you. If so, this will have been stated during the order process. We may 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 9.1) 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 late or not supplying any part of them if this is caused by you not giving us the required information we need within a reasonable time of us asking for it.
7.4. We are not responsible for delays outside our control
If our delivery of the goods is delayed by an event outside our control, 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 within 30 days of notifying you of the delay, we 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 you have paid for but not received.
7.5. If you are not at home when the good is delivered
If your order arrives as arranged but we’re unable to deliver because there’s nobody home, the goods are refused, there’s inadequate help available, or the order is changed/cancelled within 48 hours of the estimated delivery date, you will be liable for any additional costs incurred for the goods being returned.
7.6. 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 or you do not re-arrange delivery, 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 9.2 will apply.
7.7. Deliveries outside of mainland UK
Please be aware that customers living outside of mainland UK or in some territories of Scotland may not be eligible for next day delivery. Deliveries outside mainland UK may incur extra delivery charges. Once you have placed your order online we will be in contact to arrange the best delivery options available.
7.8. Your legal rights if we deliver late
If all parties agree in writing that any delivery date is not an estimated delivery date and we deliver any goods late and the delay is not as a result of an event which is outside of our control or due to a failure by you to provide information required by us, this clause 7.8 will apply. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances that we were aware of); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

If you do not wish to treat the contract as at an end straight away, you can give us a new deadline for delivery, which must be reasonable and agreed by us, and you can treat the contract as at an end if we do not meet the new deadline.
7.9. Ending the contract for late delivery
If you do choose to treat the contract as at an end for late delivery under clause 7.8, you can cancel your order for any of the goods that have not yet been delivered.
7.10. Bespoke goods
goods which are customised or have been made to your specification or finished to your requirements/measurements cannot easily be offered for resale, so they are classed as bespoke items. Customers must note that they are unable to cancel or return bespoke items. This will not affect your statutory rights if you are a consumer.
7.11. When you become responsible for the good
The good will be your responsibility from the time we deliver the goods to the address you gave us.
7.12. Reasons we may suspend the supply of goods to you We may have to suspend the supply of a good to:
(a) deal with technical problems or make minor technical changes;
(b) update the good to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the good as requested by you or notified by us to you (see clause 6);
(d) if you fail to pay; or
(e) if we have good reason to suspect your order is fraudulent.
7.13. What to do if everything is not as it should be?
It is important to check the packages for any visual damage to the goods upon delivery. In the rare event that you receive damaged goods or there are missing items, please make sure you notify us straight away and take photographs to evidence damage or missing items. If you are not able to inspect the goods at the point of delivery, we strongly suggest that you contact us directly as soon as possible to make sure we are aware of the problem so that we can resolve it swiftly. We strongly advise against booking installers until goods have been received and checked as we are not responsible or liable for any incidental work, costs, losses, expenses or otherwise arising out of or in connection with bad workmanship relating to the fitting of any flooring or any bad workmanship that is applied to our goods.

8. Your rights to end the contract

8.1. You can always end the contract for supply of a good before it has been delivered and paid for
You may contact us to end your contract for a good, as long as it is not bespoke, at any time before we have delivered it and you have paid for it, but in some circumstances, we may charge you for doing this, as described below. Of course, you always have rights where a good is faulty or mis-described (see clause 10, “If there is a problem with the good”).
8.2. What happens if you have good reason for ending the contract
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 non-bespoke goods which have not been provided or have not been provided properly. The reasons are:
(a) we have told you about an upcoming change to the good or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the good you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed which do not fall under clause 7.4;
(d) we have suspended supply of the good for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e) you have a legal right to end the contract because of something we have done wrong.
8.3. What happens if you end the contract without a good reason
If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund set out in clause 9.2.
8.4. Returning goods after ending the contract
If you end the contract after goods have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. We will pay the costs of return if you are ending the contract because we have told you of an upcoming change to the good or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.

9. Our rights to end the contract

9.1. We may end the contract if you break it
We may end the contract for a good at any time by writing to you if:
(a) you do not make any payment to us or we are unable to collect payment from you when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods; or
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
9.2. You must compensate us if you break the contract
If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for goods we have not provided, but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract or reasonable compensation.

10. If there is a problem with the good

10.1. How to tell us about problems
If you have any questions or complaints about the good, please contact us.
10.2. Reporting fault claims
We hope your flooring is without fault. However, regrettably on very few occasions this may not be the case and we apologise in advance for this. To avoid unnecessary delays and inconvenience to you it is important to check each board before installation and make sure you have the right good and it is without fault or damage. Please contact us as soon as a fault is noticed.
10.3. Your obligation to return rejected goods
It is advised that before installing the goods, the Customer should carefully unwrap and fully examine all items at the time of delivery or shortly after. Please keep all packaging for inspection, and if possible photograph the fault and email us with the details and your reference number. In the unlikely event that your goods do arrive faulty please contact us to inform us via email or phone. If you wish to exercise your legal rights to reject faulty goods, you must either return them in person to where you bought them or allow us or a carrier to collect them from you, we will pay the costs.
10.4. Unwanted goods
You are entitled to a 14-day right to reject starting from the day on which the goods are delivered if ordered through a distance-sale. Bespoke goods are exempt from this clause. Goods must be unused and we will not accept returns on goods that have been fitted, finished or altered in any way.
10.5. Returning unwanted goods

We request that if you choose to implement your right to reject, you write to us before the 14- day period expires notifying us of your intentions and you will then have a further 14 days to return the goods. You are required to arrange and pay for the expense of returning such unwanted goods. If you choose to return the goods via a courier, we recommend you insure the goods for damage in transit, otherwise liability will remain with you for any damage.
10.6. Requirements for returning goods
If you wish to return any goods they must be complete, unused, and in “as new” condition. If you wish to return any goods you must ensure that they are packaged adequately to protect against damage. If you have opened any boxes to examine the good we recommend that you take care with the packaging and try not to damage it as it is specifically designed for the good. Any items received that are damaged or not packaged correctly will not be accepted back into stock. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge accordingly. Once we have received the goods and inspected them, a refund will be issued.

11. Price and payment

11.1. Where to find the price for the good
The price of the good (which includes VAT) will be the price we state on the order confirmation based on pricelists communicated by our sales. We take all reasonable care to ensure that the price of good advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the good you order.
11.2. 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 good, we will adjust the rate of VAT that you pay, unless you have already paid for the good including delivery costs in full before the change of the rate of VAT takes effect.
11.3. What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. If the good’s correct price at your order date is higher than the price stated on our website, 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 good at our expense.
11.4. When you must pay and how you must pay
We accept payment with bank transfer to the bank account marked on every invoice. Charging interest on late payment
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

12. International Deliveries

12.1. Import duties & taxes
Where goods are purchased for delivery outside of the UK, the Customer shall be liable to pay for import duties, taxes, all costs resulting from any local customs formalities applicable in the country of import, and any charges of a similar nature which are imposed or charged by any local competent authority.

13. Our responsibility for loss or damage suffered by you

13.1. 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 of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, or including the right to receive goods which are: as described and match information we provided to you and any sample or model seen or examined by

you; of satisfactory quality; fit for any particular purpose made known to us; and for defective goods under the Consumer Protection Act 1987.
13.2. Limiting our liability to you
We are not liable for any loss that is:
(a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
(b) Caused by a delaying event outside our control.
(c) Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
(d) A business loss. It relates to your use of a good for the purposes of your trade, business, craft or profession.

14. Our responsibility for loss or damage suffered by you if you are a business customer

14.1. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987;
(e) breach of section 2 of the Supply of Goods and Services Act 1982; or
(f) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2. Subject to clause 14.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to eighty per cent (80%) of the total sums paid by you for goods and/or services under such contract.
14.3. Except to the extent expressly in these terms, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

15. How we may use your personal information

15.1. How we will use your personal information
How we use any personal data you give us is set out in our Privacy Notice: https://oneflor-europe.com/privacy-policy

16. Other important items

16.1. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3. Nobody else has any rights under this contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.
16.4. 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 paragraphs will remain in full force and effect.
16.5. 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.
16.6. 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.