Cancellation By You

You can always end your contract with us. Your rights when you end the contract 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:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back)

If you think that the goods supplied are faulty, you must contact us on 0345 0524179 to notify of the complaint and to allow us the opportunity to have the goods inspected. All of our products are covered by a manufacturer guarantee and where appropriate, we will support you in raising this issue with the manufacturer. If we are found to be at fault, we will offer a repair, replacement or partial/full refund.

(b) If you want to end the contract because of something we have done or have told you we are going to do.

If you are ending a contract for a reason set out at (i) to (v) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(i) we have told you about an upcoming change to the product or these terms which you do not agree to;

(ii) 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.

(iii) there is a risk that supply of the products may be significantly delayed because of events outside our control.

(iv) we have suspended supply of the products for technical reasons or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 Months.

(v) we have exceeded our “reasonable” delivery timescale or not adhered to an agreed delivery/fitting date.

(c) If you have just changed your mind about the product, depending on the individual circumstances, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (and you will have to pay the costs of return or collection of any goods if they have been delivered);

Under the Consumer Credit Act 2015, a 14-day cooling off period is only applicable where a contract has been made either:

1. over the internet; or
2. by telephone; or
3. offsite/at your home

Please Note: Pay Later Carpets Ltd T/A Luxe Floorings do not carry out cold calls to any homes. Following a customer lead enquiry, all contracts are made as a result of visits being requested by and appointments being pre-arranged with the customer after being provided with full, comprehensive and transparent information regarding our purchase process and account operations and all agreements are signed in the customer’s home.

Exercising your right to change your mind (Consumer Contracts Regulations 2013), for most products bought off-premises you have a legal right to change your mind within 14 days allowing you to cancel the Consumer Credit Agreement, however, please note the different rights for Bespoke Products with regard to refunds of deposits. 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 and receive a full refund in respect of:

(a) services, once these have been completed, even if the cancellation period is still running.

(b) Any Bespoke Products.

How long do I have to change my mind? How long you have will depend on what you have ordered and how it is delivered.

(a) Have you bought services (e.g., surveying or fitting). If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services (such as surveying/fitting), you must pay us for the services provided up until the time you tell us that you have changed your mind (please see the table at the end of this agreement (the “Table”).

(b) Have you bought goods (for example, carpets)? If so, you have 14 days after the day you (or someone you nominate) receives 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) receives the last delivery to change your mind about the goods unless the goods have already been installed. Please note that our flooring products will nearly always fall within the category of being “Bespoke Products.”

(d) In all other cases (if we are not at fault and there is no right to change your mind), each case will be considered on an individual basis.

Ending the contract (once it is “active”)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, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is normally completed when the product is delivered (with the exception of “bespoke products”) 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 to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) the sums calculated as per the Table depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.

Your Right To cancel

The right to cancel does NOT apply to products that are made/prepared to your specifications (Bespoke Products). This includes floor coverings, which have been cut from a roll to your specific order measurements. We will find out whether or not your order has already been cut to your specifications and if we have not already taken receipt of the products from the manufacturer or an invoice been raised to ourselves for the cost of your products from the manufacturer, we will accept a cancellation of your order, minus any non-refundable deposit.

If, however, the product has been prepared for you (i.e. received from the manufacturer and cut to your specifications or size)  or we has already taken receipt of the products or received an invoice from the manufacturer for the products, we will only accept cancellation if we may deduct a proportion of the purchase price (cutting cost) from the refund we issue to you to cover the losses we will incur in having to sell your purchase as a reduced remnant price if this is at all possible. In addition, we have the right to cover all additional costs incurred, including but not limited to, additional admin costs incurred from the cancellation, wholesale cost of goods and loss of profit as a result of a cancellation requested by a customer if the reason for this cancellation is not as a result of any failing on the part of ourselves. We will advise you of any such charge and you may then decide whether or not you wish to cancel the order.

How to Request a Cancellation

If your good have not been delivered (through fault of ourselves) and you wish to cancel it you can do so in one of the following ways:

• Via Facebook Messenger
• By emailing info@luxefloorings.com
• By phone. Please contact our Customer Service Team on 0345 052 4179

One of the team will check the status of your order and confirm if the cancellation is possible. Cancellation with full refund will not be possible if the flooring has already been received from the manufacturer or an invoice raised to ourselves for it, or if the product has already been cut to your specific order size.

Refunds

If we have agreed to issue any refund will refund we will do this by the method you used for payment unless this was a cash payment made at your survey appointment. Due to logistical difficulties and for audit purposes, any refunds of payments made in cash will be issued by a Bank Transfer. However, we may make deductions from the price, as described and in accordance with the Table. Refunds for any reason can take up to 30 days to reach your bank.

Deductions from refunds if you are exercising your right to change your mind.

 If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods. If we refund you the price paid before we are able to inspect the goods and later discover you have treated them in an unacceptable way, you must pay us an appropriate amount.

(b) 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. In particular, we will charge £20.00 for the initial surveyor’s additional work in measuring up at your property. Any subsequent visits to your property by a surveyor (for a re-measure for example) will be charged at £20.00 per visit.

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:

(a) If the products are goods, your refund will be made within 14 days from the day on which we confirm your refund.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

If we agree to issue a refund on your purchase, the deductions which will be applied are as follows:

Cancellation Costs

For Cancellations within 14 days of order confirmation

• Cost of extended survey appointment time (to complete purchase) £20.00
• Cost of subsequent Survey visits if completed £20.00 / visit
• Additional administration costs to process initial purchase and cancellation £20.00
• For Bespoke Products, prepared/invoices/received from supplier 50% of the order price of products
• Bespoke Products fitted 100% of the order price of products

 

For Cancellations after 14 days of order confirmation (or before 14 days if rights to 14-day withdrawal period have been waived)

• Cost of extended survey appointment time (to complete purchase) £20.00
• Cost of subsequent Survey visits if completed £20.00 / visit
• Additional administration costs to process initial purchase and cancellation £20.00
• Bespoke Products, prepared/invoices/received from supplier 50% of the order price of products
• Bespoke Products fitted 100% of the order price of products 

Responsibility for loss

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products 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; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Additional Terms

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.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

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.

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 products, we can still require you to make the payment at a later date.

These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

After Sales Service / Complaints Procedure

If you require any help or are not satisfied after you have made your purchase, please contact us. It is really important that you tell us if you are not satisfied as soon as possible to enable us to put things right for you quickly.

To make a complaint, contact us on 0345 0524179 in the first incidence to allow us to assist you and to see if the matter can be resolved simply. Most issues can be resolved very quickly in this manner.

If you feel the need to make a formal complaint:

a) Contact us by email at info@luxefloorings.com, or by letter, detailing the nature of your complaint, the date of the incident, names of any relevant staff involved, and include your preferred contact details.

b) We will reply to acknowledge your complaint within 3 working days of receipt of this.

c) For more complex complaints, we will aim to resolve the issue and advise you of an outcome within 28 days.

About The Financial Ombudsman

This is an impartial service. The Financial Ombudsman deals with complaints between individual customers and businesses, once they have reached the point where they cannot reach a satisfactory outcome themselves.

You can contact The Financial Ombudsman if:

• Your complaint is about our consumer credit regulated activity and we have not resolved it to your satisfaction.
• We have not issued a full response within 8 weeks from when you first let us know about your concerns.

If you decide to contact The Financial Ombudsman, you should do so within six months of receiving our final response to your complaint.

Further information can be found at:

http://www.financial-ombudsman.org.uk/consumer/complaints