Our terms
1. These terms
1.1. What these terms cover
These are the terms and conditions on which we (""The Exchange Limited t/a www.vinylflooring.im"") supply Goods to you (""the Customer""). These terms cover our distance purchases e.g. online. The latest version is always available on our website www.vinylflooring.im.please pay attention to the key terms at 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.
2. Information about us and how to contact us
2.1. Who we are
We are The Exchange Limited t/a www.vinylflooring.im, a company registered in the Isle of Man. Our company registration number is 107401C and our registered office address is Unit 41, Balthane Industrial Estate, Ballasalla, Isle of Man, IM9 2AH. Our VAT registration number is GB 002 2473 32.
2.2. How to contact us
You can contact us by telephoning our customer service team on 0207 251 6996.. You may also write to us at orders@vinylflooring.im.
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
Any order placed by you will be treated as an offer to purchase the goods from us and we have the right to reject such offers at any time. Any automated acknowledgement of your order which you may receive from us shall not amount as an acceptance of your offer to purchase the goods or services advertised on our website. The contract will come into existence when payment has been received in full or a finance agreement established.
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 product. This might be because the product is out of stock, because we have identified an error in the price or description of the product then there will be no contract formed between us.
3.3. Your order number
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 What we sell
We sell Luxury Vinyl Tiling, rugs and rubber flooring (“the Goods”). We also offer a local measuring and installation service for these types of flooring to Isle of Man residents which would be deemed a separate contract. 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 product may vary slightly from those images. We offer a free sample sample service and we encourage you to request a sample however these are an indication and not a guarantee
4.2. Suitability
Before you place an order, it is important that you check the manufacturer’s specification details for suitability of their intended purpose. If you are unsure about the suitability of the goods, then please ask us.
If you are an Isle of Man resident, we can offer you measuring and fitting services via a local contractor.
4.3. Product packaging may vary
The packaging of the product may vary from that shown in images on our website.
4.4. Making sure your measurements are accurate
If we are supplying the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information regarding this in our For You section on our website.
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, we shall deem you to have accepted the goods as supplied. We shall not be responsible for any incidental work or expense arising out of or because of any defect in our product, or bad workmanship applied to our goods. In the unlikely event that the purchased items are not in line with this contract, please refer to clause 10.2.
4.6. Offers and promotions
We may from time to time offer promotions on some of our products or product ranges. All promotions and offers are, unless otherwise stated, strictly one per household and are subject to stock availability. 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 products you have ordered, please contact us. We will let you know if the change is possible, a change will not be possible is the product has been dispatched. 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 product
We may change the product:
(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 product.
7. Providing the Goods
7.1. Delivery costs
The cost of delivering orders totaling less than £2,000.00 is £90.00. There is no delivery charge for any order in excess of £2,000.00.
7.2. When we will provide the goods
You will be given a delivery date during the order process. By way of guidance, if an item is in stock in the Isle of Man warehouse, you can expect delivery within 5 working days.
If there is no stock in the Isle of Man warehouse we can order the product from a third party warehouse in the Netherlands, delivery may take up to 10 working days in these circumstances.
If neither the Isle of Man or Netherlands warehouse has the product in stock, we may be able to order the item from change to ASIA.
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 purchase 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. We encourage you to create an account within our website to provide all the necessary information should we need to contact you further.
7.3. Arrival of delivery
Our deliveries are kerb-side only. We advise that you should have help to unload the goods from the pallet. You will need to inform us if the delivery address is not easily accessible as the product may be delivered by a large vehicle. If the delivery address is situated on a private road please inform us at the time of order as some couriers will not take their vehicles on private roads. In addition, postcodes can be misleading and not reflect the exact location of your property. Please ensure your delivery address has no restrictions in place at the time of delivery. If access is likely to be a problem, please inform us at the time of order to discuss alternative delivery options.
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 minimize 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.
7.6. Collection by you
If you have asked to collect the Goods from our premises, you can collect the Goods from us at any time during our working hours. Collection lead times may vary by product and location and we will therefore contact you to let you know when your order is ready for collection. Upon collection, you are responsible for the goods and collections are consequently done so at your own risk. We require you to inspect and examine the goods prior to loading, as goods can easily be damaged when being transported in or on unsuitable transport. You must ensure the goods are safely and appropriately transported; thus we will not accept liability for damage which occurs subsequently after leaving our premises. This does not affect your statutory rights.
7.7. If you are not at home when the product 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 your delivery, you will be liable for any additional costs incurred for the goods being returned.
7.8. 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 store, 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.
7.9. Deliveries outside of the Isle of Man, Channel Islands or mainland UK
Please be aware that we can only arrange delivery to address in the Isle of Man, United Kingdom and the Channel Islands. Any attempted offer to purchase a product or service to an address outside these territories will be rejected.
7.10. Your legal rights if we deliver late
You have legal rights if we deliver any goods late and the delay is not a result of an event which is outside of our control, as outlined in clause 7.4. 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) You advised us that the delivery date as stated in our order confirmation to you did not meet your requirement,
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 you can treat the contract as at an end if we do not meet the new deadline.
7.11. Ending the contract for late delivery
If you do choose to treat the contract as at an end for late delivery under clause 7.10, you can cancel your order for any of the goods that have not yet been delivered.
7.12. Bespoke Goods
Goods which are customized 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. Rugs purchased from our website and made to your size and colour and therefore are bespoke items.
7.13. When you become responsible for the product
The product will be your responsibility from the time we deliver the products to the address you gave us or you or a carrier organized by you to collect it from us.
7.14. Reasons we may suspend the supply of goods to you
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements.
(c) make changes to the product as requested by you or notified by us to you (see clause 6); or
(d) if you fail to pay.
(e) if we have good reason to suspect your order is fraudulent.
7.15. 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 and sign for your order on arrival. In the rare event that you receive damaged goods or there are missing items, please make sure it is noted on the courier's paperwork. Please inspect the goods at the point of delivery and we strongly suggest that you contact us directly as soon as possible with photographic evidence 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, regrettably, we cannot be held responsible for any consequential losses.
8. Your rights to end the contract
8.1. You can end the contract for supply of a product before it has been delivered and paid for 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 product is faulty or mis-described (see clause 10, ""If there is a problem with the product"").
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 product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product 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 product 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 (but see clause 7.10 in relation to your rights to end the contract if we deliver late).
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 product 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 product 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.
(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 product
10.1. How to tell us about problems
If you have any questions or complaints about the product, please contact us. You can contact us by telephoning our customer service team on 01624 660623 or 0207 251 6996.. You may also write to us orders@vinylflooring.im.
10.2. We are under a legal duty to supply goods that are in conformity with this contract and the applicable legislation and regulations where necessary.
10.3. 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 individual product supplied prior to installation and make sure you have the right product and it is without fault or damage. Please contact us as soon as a fault is noticed. We will deal with the matter as soon as possible and in accordance with your legal rights. If, after installation, the product develops a fault, please complete our customer service form to enable us to act without delay and arrange an onsite inspection (for supply to IOM residents only) This form is available upon request.
10.4. 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.
10.5. Unwanted goods
You are entitled to a 7-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 anyway.
10.6. Returning unwanted goods
We request that if you choose to implement your right to reject, you write to us before the 7-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. Goods must be returned to: Vinyl Flooring.IM, Unit 41, Balthane Industrial Estate, Ballasalla. Isle of Man IM9 2AH
10.7. Returning left over goods
We will accept back flooring items returned in the original condition and in full boxes that you may have left over after completing your installation for a small 15% restocking fee (restrictions may apply).
10.8. 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 product we recommend that you take care with the packaging and try not to damage it as it is specifically designed for the product. 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 product
The price of the product (which includes VAT) will be the price we describe to you on our website unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product 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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product including delivery costs in full before the change in 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 product'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 unmistakable and could reasonably have been recognized by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.
11.4. When you must pay and how you must pay
We accept payment with credit and debit cards, PayPal, cheque, bank transfer. We will not take payment from you until we have accepted your order. Once payment has been received, or finance agreement established, your order will be processed.
Important information about bank transfers
All major banks have signed up to a new industry code, Confirmation of Payee (CoP). CoP is an account name checking service that will check if the payment details entered for a person or business match the details their bank holds.
This means that if you are making a payment to us by bank transfer, it’s important to make sure you use the name when creating a new payee in your online banking. If you don't use the correct name your payment may not reach us and this will lead to delays in your order being dispatched.
11. Fitting service
We offer a fitting service to Isle of Man customers through a local flooring contractor. Please note, you are free to elect your chosen fitter and our selection is only provided for guidance. These fitters are not employed by us and therefore we will accept no liability if something goes wrong. A contract between you and the fitter will be independent from our contract to sell you the goods. The fitter will therefore take full responsibility for the quality of their work and service. In this respect, we cannot be held responsible for any consequential losses in relation to the fitting service.
The fitting service if chosen is deemed a separate contract and not covered within these terms and conditions.
12. Our responsibility for loss or damage suffered by you
12.1. 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 or the for breach of your legal rights in relation to the goods, as summarized at clause 10.2 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 1991.
12.2. If incidental work or bad workmanship cause the goods to be faulty, we do not accept responsibility for any fitting services.
13. How we may use your personal information
13.1. How we will use your personal information
Please see our privacy policy outlining how we will obtain and process your personal data.
14. Other important terms
14.1. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organization. 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. If you are unhappy with the transfer, you may contact us to end contract for supply of the product within 14 days of us telling you about it and we will refund you any payments you have made in advance for Goods not provided.
14.2. 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.