1. DEFINITIONS

1. "Consumer" means any person who is purchasing outside the course of his or her business or trade.
2. "Goods" means floor coverings available for purchase on our Web Site.
3. "We" or "us" refers to Axminster Carpets Factory Outlet trading as www.axminsterfactoryoutlet.co.uk.

2. EXPORT

1. We do export our carpets. Please contact us to discuss our procedures if required.

3. PLACING AN ORDER

1. On placing an order, you warrant to us that you are a Consumer.
2. Goods depicted and information about Goods and prices on our Web Site are an invitation to you to offer to buy.
3. An order is considered placed when you have completed and submitted our Order Form and subsequently paid in full for all Goods selected.
4. We shall acknowledge receipt of your order by e-mail or a telephone confirmation by one of our sales executives.
5. The order shall be accepted by us when you receive our e-mail or telephone acknowledgement. The date and time of the order shall be the date and time at which you first have access to the confirmation message. One of our sales executives will discuss delivery arrangements with you shortly after your order is confirmed.
6. If you receive confirmation of an order that you did not place, or if the details in the confirmation do not match the order which you placed or intended to place, or you have reason to query or cancel the order for whatever reason, you must contact any of our sales executives within 24 hours by telephone or e-mail to cancel the order or apply some alterations.
7. All estimates / orders will be based upon the measurements provided by you the consumer.

4. PRICE AND PAYMENT METHODS

1. All prices are in pounds sterling unless otherwise stated. Payment must be made in pounds sterling.
2. Payment by card is subject to authorisation by the card issuer. If such authorisation is declined for any reason, we will not be liable for any delay or non-delivery. There is no surcharge applicable if payment is by credit card, however we regret we do not accept American Express cards.
3. Payment will be required in full at the point of ordering, and we will send you an email confirmation or telephone confirmation upon receipt of this.
4. The price of our Goods may be increased or decreased from time to time and there may be a delay in amending the prices on the website. If this happens we will check with you prior to dispatch to see if any differences are acceptable.
5. Any omission or error in any sales literature, order form, estimate, quotation, price list, email communication, website, dispatch note, invoice or other document issued by us may be corrected by us without liability.
6. All prices are inclusive of VAT at the rate of 17½ %.
7. You will receive an invoice in the post shortly after we receive payment, but on the occasions our delivery service is swift enough we may place the invoice together with Goods ordered, at the point of delivery.

5. DELIVERY

1. We will do our best to supply the Goods ordered by you within our recommended delivery schedules, and in any event will give a commitment to deliver on a set date. Delivery schedules will apply from the date we receive payment in full for any Goods ordered.
2. All Goods are offered subject to availability. You will be advised of any delay in delivery times or if your Goods become unavailable for any reason. If your order cannot be fulfilled, we will give you a full refund. Any delivery by us or any third party under our instruction is on the understanding that it is a ground floor, kerb-side unloading only.
3. If your Goods are not delivered as arranged or are damaged in transit or the wrong Goods are delivered and installed, please notify our customer services team by e-mail or by telephone within 7 days of the date of delivery, whichever is later.
4. Deliveries shall only be dispatched to the address provided by you when placing your order. Where we provide any timescales for the performance of any delivery, such timescales are given as estimates only and accordingly no liability shall accrue to us in the event that any such timescales are not met.
5. You shall provide us or any third party whom we may use to supply the goods with full and safe access to the area where the delivery is to be provided. When delivering rolls of carpet we will only offer these as a kerb side, ground floor deliveries.
6. For any deliveries taking place within London's “congestion charge”, this cost will be invoiced to you separately and sent after delivery has taken place. Any parking charges will also be added to the final invoice, if not already supplied by the customer.

6. CANCELLATIONS POLICY

1. If for any reason you wish to cancel your order for Goods you must advise us no later than 24 hours after the initial order date. Any amounts paid for orders cancelled after this timescale will not be refundable.
Product Guarantee
2. If after delivery Goods are believed to be faulty or damaged then we will arrange for them to be inspected by us and if found to be so we will repair or replace the goods where possible, or offer you compensation to keep the keep the goods in their curent condition. The time limit for making claims for faulty Goods is 12 months from the date of delivery unless the fault could not have been discovered on you undertaking a reasonable inspection of the Goods within this time period, in which case you will have 14 days from discovery of the fault.
3. As a Consumer, there are certain terms implied into your agreement with us, which we cannot exclude or limit. For example, under the Sale of Goods Act 1979 (as amended) we must ensure that the Goods are of satisfactory (merchantable) quality. These Terms and Conditions do not affect these statutory rights.

7. LIMITATION OF LIABILITY

1. We shall accept liability to you for any loss of or damage to any property or injury to or death of person caused by any negligent act or omission or willful misconduct of us or our employees.
2. Except for the type of liability referred to at clause 7(i) and except for any other matters for which our liability may not by law be restricted or excluded, our total liability in respect of any contractual breach or representation, statement or tortuous act or omission arising under or in connection with these Terms and Conditions shall not, in cases relating to the supply or non-supply of Goods or services, exceed the total sums paid or payable by you in respect of those Goods or services.
3. Notwithstanding anything else contained in these Terms and Conditions (and without limiting our liability in respect of injury to or death of any person caused by any negligent act or omission or willful misconduct of us or our employees), we shall not be liable to you for:
4. a any losses which are not foreseeable by both parties when the order is placed arising in connection with the supply of Goods or services or the use of the Goods by you;
5. b any losses which are not caused by any breach by us;
6. c business or trade losses.
7. We shall not be liable to you for any loss arising out of any failure by you to comply with your obligations under these Terms and Conditions.
8. If a number of defaults give rise to substantially the same loss then they shall be regarded as the same default for the purpose of calculating our maximum liability pursuant to clause 7(ii).
9. Nothing in this clause 7 shall confer any right or remedy upon you to which you would not otherwise be legally entitled.

8. AFTER-SALES SERVICE

1. We provide an after-sales service for all customers. Please telephone our customer services team on 01297 32808 or 01297 33993 if you require any advice or assistance in relation to the Goods.

9. COMPLAINTS

1. If you have any complaints about your Goods offered on this website, please do not hesitate to call our team. Our full address is Axminster Factory Outlet, Abbeygate, Axminster, Devon, EX13 8TJ. Tel: 01297 32808 or 01297 33993.

10. DATA PROTECTION

1. It is company policy to take all necessary steps to ensure that personal data we may hold about our customers is processed fairly and lawfully. Our sales team is instructed to take all necessary steps to implement this policy.
2. In order to process your order for Goods we shall require your name, address, address for delivery (if different) and email address. We shall also require the information necessary for the payment by credit or debit card.
3. The information that you provide for this purpose will be used for the purpose of processing your order. We shall hold this information for up to 12 months from the date of your order.
4. We do not pass on personal details of our customers to third parties except those employees, and agents whom we may use to deliver the Goods.

11. COLOURS AND PATTERN MATCHING

1. Although we endeavor to supply Goods in accordance with the colour charts shown on the Website, we cannot guarantee the products supplied will be an exact colour match to those shown in sample form. It is therefore possible that minor differences may occur which are inherent in all naturally produced products. These differences do not indicate a fault in the manufacture of our Goods. We would bring your attention to the following issues that are characteristic to all high-quality carpet products manufactured by Axminster Carpets.
2. When colour matching, we will ensure that all cut carpet lengths are selectively cut from the same dye batch numbers. This minimalises a phenomenon known as “shading”. Because of this, we do not recommend attempting colour matches from two different dye batches made at different times. Therefore, if joining two pieces of carpet in a seam, consistent room-to-room colouration can only be guaranteed if all cut carpet requirements are strictly selected from the same batch.
3. Pile carpets, especially those with plain grounds, are liable to shading, where light and dark patches arise due to uneven surface pressure. Shading is a natural occurrence in carpets and is not a manufacturing fault and will not affect its durability.
4. We would point out that light and delicately shaded carpets are prone to becoming soiled in everyday wear. This may give the carpet an appearance of losing its colour.
5. All cut-pile fabrics of any fibre type will flatten with use, especially in high footfall areas. Regular use of a vacuum cleaner will help to reduce this. Pile flattening is a normal reaction to localised traffic and is not an indication of any manufacturing defect.
6. When a room dimension is greater that the width of a carpet a seam will normally be necessary (a joining of two or more pieces of carpet). Consider this fact when ordering and try your best to choose a direction for the carpet to be laid that minimises the need for seaming or, better still, a direction that may eliminate the need for a seam at all.

12. DISCLAIMERS

1. We do not warrant that use of our website is entirely free from the risk of viruses or other damaging components.
2. All Goods ordered will be ordered to the exact sizes as provided on the Enquiry Form. We cannot accept any liability should any product ordered not fit due to any errors in the measurements provided. With this in mind, please remember always to measure into doorways and recesses and to allow at least 10cm (4 inches) additional tolerance to any measurement you take. Just consider; carpet dimensions must always be slightly larger than the longest single dimension of the room in which it is to be fitted.
3. This does not affect your statutory rights with respect to Goods purchased from us.

13. DELAY OR FAILURE TO PERFORM

1. We shall not be liable to you if we are prevented or delayed in the performing of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.

14. GENERAL

1. These terms and conditions are subject to English Law and to the exclusive jurisdiction of the English courts.
2. We may freely assign, sub-contract or otherwise transfer in whole or in part the order PROVIDED THAT the quality of Goods and/or services supplied to you is not affected. You may not however do so without our written agreement.
3. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
4. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded so that no third party may claim any rights under these Terms and Conditions.

15. SUPPLIER DETAILS

1. Our full address is Axminster Carpets Limited, Woodmead Road, Axminster, Devon. EX13 5PQ.
2. Our customer sales executives can be contacted by email on factoryoutlet@axminster-carpets.co.uk or by telephone on 01297 32808 or 01297 33993