Terms & Conditions
All transactions made with Onpoint Flooring Ltd are subject to the terms and conditions set out below. These terms and conditions will be deemed to have been accepted by you, when you accept them or the quotation to the time the order is placed with us, and will constitute the entire agreement between us and you.
Definitions and Interpretation: The following words have the following meanings in these Terms:
“We”, “Us”, “Our” or “The Company” means Onpoint Flooring Ltd (registered no. 10829854)
“You”, “The Customer” or “The Buyer” means the person, the guarantor or a person authorised on the guarantor’s behalf, company or firm who agrees to buy the products or services from us. “Order” or “Order confirmation” means the written confirmation/ invoice raised confirming the materials, products or services that we make available for you to purchase from us. “Price” is the price of the materials and or if any services set out in our quotation, order or invoice, current at the date of your order or such other price as we may agree in writing. “Material”, “Carpet”, “Floor Covering” or “Flooring” means the covering of a floor, or for the work of installing such a floor covering. Floor covering is a term generically used to describe any finish material applied over a floor structure to provide the desired walking surface.
The headings in these terms and conditions are for convenience only and will not affect their interpretation. Words imparting the singular number include the plural and vice-versa.
All materials, goods and or services must be paid for in full prior to delivery or collection, unless otherwise agreed by us in writing. Payment must be made even if a delivery has not taken place and or that the title of the materials has not passed to you for any order that has been placed.
If a written exception is made for you to pay Onpoint Flooring Ltd via instalments: delay or default in payment to an instalment will not entitle the customer to cancel or amend any other subsequent instalment.
If you do not pay within the period stated above, we will suspend any deliveries and collections to you and without limiting any of our other rights or remedies for statutory interest. Including but not limited to, a standard £25.00 admin Fee, £15.00 for each correspondence thereafter, plus consequent storage fees, and the interest rate of 25% per annum about the base rate of the Bank of England & Wales which may be subject to change from time to time, until the full amount owed has been settled for in full.
Materials will remain the property of Onpoint Flooring Ltd until the full balance has been collected. Onpoint Flooring Ltd reserves the right to charge the customer interest & fee’s for any late payments, and furthermore impose any additional costs incurred in debt recovery & collection.
If the cost of the goods to us increases due to any factor beyond our control including, but not limited to; material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we withhold the right to increase the price prior to releasing delivery of materials/ goods and services. Any increase in price under the clauses above will only take place after we have told you about it.
Any claim regarding an invoice must be made within 24 hours of the date issued.
The party/ parties to whom the goods and services are billed accept full liability and must pay all amounts due under these terms and conditions in full: without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counter-claim against the order to justify withholding payment of any such amount in whole or part.
*Please note we do not accept payment method by credit card. Any credit card payments processed will be subject to an additional 3.5% surcharge (plus VAT).Cheque payments are subject to prior eligibility.
It is agreed that in the event the buyer fails to satisfy in full any outstanding invoices within the time permitted, which have been rendered by Onpoint Flooring Ltd, the buyer will in any such event be appointed as guarantor to settle the full sum outstanding. Subject to penalties enforced up to the time arrears have been cleared.
Cancellations, Refunds and Returns
Once materials have been ordered to specification by which we mean ordered by cut, and to size, there can be no; cancellation, change or refund, therefore the full balance remains payable. Respective to other orders, if materials are not ordered to specification, goods can be returned within 14 working days but must be in the same condition as sold in. In the event a complaint is found to have no manufacturing fault we will issue a refund of 75% to the item value, with a 25% fee taken in administration, repackaging and re-handling (minimum charge of £25). (Unacceptable condition of goods being returned consequently means your right to cancel and return the goods lapses.)
Under the Distance Selling Regulations you have 14 statutory working days starting from the working day after you have received your order, to cancel and return the product for a full refund. The customer is required to pay all postage/ delivery costs.
The product must be unused and in its original packing. If the product has been used (fitting / attempted fitting) and or is not returned in its original packaging, the customer waives their right to a refund, and Onpoint Flooring Ltd retain the right to decline the return, in accordance to their policy.
The customer accepts all material/ goods requested to be collected, will incur an additional charge. This service must be paid for prior to collection. It is the responsibility of the customer to package, maintain and arrange delivery of any materials to the dispatch depot of Onpoint Flooring Ltd.
Most materials carry a guarantee for the intended usage; The Customer must inform us immediately in writing if the supplied goods appear to be faulty/damaged. If after vigorous scientific testing, the materials are proven to have a manufacturing fault, a refund or replacement will be provided (subject to clause ‘Warranty’.) If the investigation proves a non-manufacturing fault has occurred any cost incurred to Onpoint Flooring Ltd will be billed to the customer for immediate settlement.
We make every effort to process orders in a timely manner; however we shall not be liable in any way for failure or delay, in delivery or manufacture, irrespective of cause. Any dates quoted for delivery are approximate and for your guidance only. We are not liable for any delay in delivery of the materials, goods and services: caused by circumstances beyond our control, or the customer’s failure to provide us with adequate delivery instructions or arrangements that are relevant to the supply and receipt of materials, goods and services. Delivery of goods will be kerbside delivery subject to the drivers discretion, we will not be held accountable to any limitations and causes of any unforeseen circumstances or circumstances that prevent delivery outside of our control. Carriage will be paid for on orders. If in the event a delivery cannot be fulfilled, we will make one final attempt. Thereafter, goods are returned back to base whereby it becomes the customers sole responsibility to arrange a carrier for collection at their own expense. Goods returned as a result of an unsuccessful delivery attempt, are held for up to 14 days, exceeding this time they are permanently removed/ destroyed and cannot be recovered. Throughout this duration ‘holding charges’ may apply for the services provided.
All materials should be inspected by the customer prior to changes and alterations (including but not limited to ‘cutting’ & ‘fitting’): Claims made in consequent to a manufacturing fault, which the customer could have discovered by careful inspection prior to alterations, will be considered unacceptable. Furthermore, no claim shall be considered arising from improper installation.
If damages, faults or shortages are identified, the Customer must inform us immediately, and a detailed complaint must be received in writing within 24 hours of delivery or collection.
Onpoint Flooring Ltd is entitled to assume that all drawings, descriptions, specifications and other information supplied by the customer to Onpoint Flooring Ltd, whether written or verbal, is in all respects complete, accurate and entirely suitable for the customers’ requirements. Unless otherwise expressly agreed, we shall have no responsibility for the performance, suitability or durability of any materials/goods or workmanship compromised therein to the extent the same is manufactured in accordance to it’s intended usage.
For the purposes of law, such goods as described to have been ordered to your specification are clearly personalised to you. Consequently, your statutory rights to cancel do not apply. Special or bespoke products are defined as products made to a customer’s specific design and/or products not normally sold or held in stock.
There can be slight variations in size and colour by batch which are sometimes unavoidable, we will be deemed to have fulfilled our contract if the sizes are within the British Standards Institute tolerance ± 1.25%. We reserve the right to alter materials without the need to notify the customer, and in doing so, any changes will result in equal quality or of a greater standard, to conform to any applicable safety or other statutory and regulatory requirements. The width of your flooring will always be specified during the order process, however on rare occasions the manufacturer’s size may vary by a margin of up to approximately ± 1.25%. We would always advise customers to take this into account when deciding on the measurements to purchase. We would also advise that if in doubt, buy slightly more than required, rather than being disappointed. Onpoint Flooring Ltd cannot be held responsible for orders which are too short or too long within these standard manufacturing tolerances.
Colour matching / pattern matching / Images
In order for us to colour match any materials, it is the responsibility of the customer to inform us and make a careful decision before the order is placed. We will not accept any liability for any non-matched materials. We cannot guarantee colour matching between different widths, side-by-side pattern matching, or any patterned tufted quality.
Whilst every effort is made, we cannot guarantee that any sample, actual or technologically visualised representation, will match exactly with the material supplied. All images on the website are for illustration purposes only and colour from images may vary to the product.
All pile materials are liable to shading (light and dark shading arising from uneven surface pressure). This is not detrimental to the wear of the material, nor is it a manufacturing fault. (All standards governed by relevant BS standards). Delicately shaded and lighter carpets are liable to become solid in wear and may lose colour. We cannot accept responsibility for any complaints from either of these issues as even the upmost care from the manufacture or distributor cannot prevent this. Once the material is installed, we cannot accept any complaint relating to “soiling” as the customer is responsible for the colour selection.
If materials are proven to have a manufacturing fault, a refund or replacement will be provided. This guarantee does not cover appearance change, flattening and matting, fading, staining, damage or wear due to abuse, misuse or poor maintenance. The guarantee applies only to the floor covering as originally supplied and will not apply to materials which have been moved, altered or already replaced under the terms of the guarantee. This guarantee is for the original customer only and is not transferable. (Subject to all clauses involved herein.)
Our total liability to the customer in respect of defective goods will be limited to either; replacement of the materials or a credit note which does not exceed the original price of the materials, and will be subject to the Management’s discretion of Onpoint Flooring Ltd. In no event, will Onpoint Flooring Ltd be liable for any labour or other charges in connection with the installation or removal of defective or replacement goods. Onpoint Flooring will not be liable for any loss (either direct or consequential) arising for the supply of defective goods.
Claims will not be considered in the following circumstances:
• Return of Materials and goods ordered to specification to which a manufacturing fault is not apparent.
• If the customer does not immediately report damages, faults or shortages identified, and comply with sending a detailed complaint which will be subject to an investigation (to be received by Onpoint Flooring Ltd in writing within 24 hours of being sent.)
• Materials and goods not returned in the condition as sold: alterations such as ‘cutting’ & ‘fitting’ and the item not being returned in its original packaging will consequently waive the customers’ rights to make a claim.
• Where the materials have been used in a situation or for a purpose other than specified. The customer shall be responsible for ensuring that the material ordered is suitable in all respects for its intended use.
• Where the floor or surface preparation prior to fitting has not been carried out to a standard considered satisfactory by Onpoint Flooring.
• Where the material/goods have suffered from improper care or maintenance.
• In respect of material/goods sold as “imperfect”, “special”, “clearance” or under a similar description.
• To ensure even wear, it is necessary to move the floor covering periodically and additional material should be allowed for. If this is impractical, consideration should be given to the retention of sufficient material for subsequent replacement of areas of high wear. Unless these recommendations are followed, we cannot accept complaints of localised wear.
Passing of Property, Title & Risk
Ownership of the materials and goods passes onto the customer on receipt of fully cleared funds and of all outstanding monies owed including VAT, delivery charges (where appropriate), & all other costs to which have been applied in accordance to breaching our terms. If you choose an alternative method of delivery for materials other than Onpoint Flooring Ltd, such as collection or a delivery carrier, then we are not responsible for facilitating that delivery, except for making the materials available at the door of our holding base.
Title to display, and use of materials and goods supplied by Onpoint Flooring Ltd to the customer without cost, including; samples, window displays, pattern books and similar items, remain the property of Onpoint Flooring Ltd. At no time must the customer sell or misuse the items, furthermore if requested the customer shall upon request return the items to the holding place of Onpoint Flooring Ltd. Any noncompliance may lead to further action being taken against the customer.
Unless otherwise agreed in writing by us goods held more than one day after the date of delivery or collection as agreed with us, will incur a 20% fee of the gross invoiced amount for handling, storage & administration. We accept no liability in holding goods owned by the customer. It is done so at the owners full risk. Such goods may be subject to disposal as we cannot guarantee to facilitate holding once ownership has passed.
We can terminate the sale of products and services under the contract where:
• The customer account has been suspended, or closed.
• The Customer commits a material breach of the obligations under these terms and conditions;
• You are or become or, are about to become in our reasonable opinion the subject of a bankruptcy order or take advantage of any statutory provision for the relief of insolvent debtors; or you enter into a voluntary arrangement under part 1 of the insolvency act 1986, or any other scheme or arrangement is made with your creditors.
Law and Jurisdiction
This agreement is governed by and interpreted to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
If one or more of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that /those provisions shall be deemed severed from the remainder of these terms and conditions (which will stand valid and enforceable).
By acceptance of these terms and conditions, should the customer fail to make good of its obligations under the terms and conditions relating to payment, the customer personally guarantees to pay all sums outstanding to Onpoint Flooring Ltd. It is agreed the customer personally undertakes to indemnify Onpoint Flooring Ltd immediately on demand, in respect of any losses, damages, costs, or expenses which Onpoint Flooring Ltd incurs as a result of the customers’ breach, to the terms and conditions related herein. All Legal Expenses will be charged to the customer if required to recover unpaid debts.