Terms & Conditions
Welcome to the Martin Phillips Carpets website terms and conditions for use. These terms and conditions apply to the use of the website www.martinphillipscarpets.co.uk
By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to order from us. If you do not accept these terms, please do not use this website.
1. General Points
A. Product representation - Whilst we go to great lengths to accurately present the appearance of each rug we sell, we are unable to accept responsibility for any colour misrepresentations. Different display settings on computer monitors can have an effect on the appearance of colours in our products. As the interpretation of colours can vary from person to person please be aware that any descriptions of rug colours on our website are for guidance only. We are unable to accept responsibility or cover the return delivery costs should there be a variation in colour within our images or descriptions.
B. Out of Stock items - We do our very best to ensure that the vast majority of our rugs are in stock and ready to be despatched, however occasionally we may be out of stock of a particular design or size. If this is the case we will notify you by e-mail with an estimated delivery date for your chosen rug.
The www.martinphillipscarpets.co.uk website is operated by:
My New Rug Ltd
Telephone No: 02891818227
2. How to conclude a contract with us using this website
These are the steps you need to take to conclude a contract with us:
(2) Browse our information
This website contains information about our goods which you will need to know before you place your order including descriptions of our goods, current prices including VAT, delivery and returns policies. The information about the goods on our website constitutes an "invitation to treat" and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that in no circumstances will we be contractually bound to supply you with goods on the basis of any incorrect information, even if that information is repeated in your order.
(3) Select the goods you wish to purchase
You can select any items you wish to purchase by clicking on the "add to basket" link. You will be taken to your shopping basket whenever you add a new item, but you can also view the contents of your shopping basket by clicking on the "view basket" link. The shopping basket screen lists your current selection of items with description, price and current subtotal. You can edit the contents of your basket and remove any input errors by removing items or changing quantities.
(4) Making a Purchase
To purchase the items in your basket and proceed with your order using our secure online purchasing facility, click on the "Checkout" button on the shopping basket screen. You will then be given the option to enter your email address and password if you are an existing user of the site, or you can choose to pay directly. You will then be transferred to our secure server provider to complete your order.
You will be asked to provide certain information we need to enable us to process your order such as your preferred delivery address and payment details. It is your responsibility to provide us with sufficient information to process you order.
We will acknowledge receipt of your order by email. This is not our acceptance of your order, but confirmation that it has been received.
(5) Wait for acceptance of your order
You may not assume we have accepted your order until we send you an acceptance by email. Only if and when you receive our acceptance will we have a binding contract between us.
You may receive acknowledgement from our payment processor advising you whether or not your credit or debit card payment has been authorised. This acknowledgement relates to your payment only and is not our acceptance of your order.
We will be entitled to refuse to accept your order if in our sole discretion we consider it necessary. In particular we must receive payment of the whole of the price for the goods that you order before your order can be accepted. If we refuse your order we will let you know as soon as we can. If we accept your order we will inform you without undue delay.
Once we have entered into a contract with you we shall supply you with the items specified in your order in accordance with the terms of the contract.
3. Other information about the Contract
We can only conclude the contract with you in English and not in any other language.
a. Price - The prices payable for goods that you order as well as any applicable VAT are as set out on our website.
b. Rug Cancellations & Returns
Goods can be returned within 14 days of delivery should it be unsatisfactory. The rug must be returned undamaged, in its original condition and packaging. You are responsible for the cost of returning the rug (unless the rug was received in a damaged condition).
Once we have received the rug and are happy it has been returned in the same condition as it was dispatched, we will issue you with a full refund on the purchase price, minus our delivery costs (which is dependent on rug weight). Alternatively you can choose to accept a credit for the full price of the rug you ordered. This can be used towards the purchase of another rug.
Please note, whilst every effort is made to accurately reproduce the appearance of each rug we stock - we cannot accept any responsibility for any colour misrepresentations. Different colour display settings on computer monitors can have an effect on the appearance of colours in our rug images. You can still return your rug for a refund, however they will not be deemed faulty and you will be responsible for the return costs.
Shedding is a natural characteristic of a deep pile rug and is not deemed to be a fault. This is common on Acrylic and Wool rugs and should be taken into consideration when choosing a product suitable rug for your home.
c. Our rights to cancel the contract
We may cancel the contract between us if:
- The goods you have ordered are unavailable for any reason;
- We do not deliver to your area; or One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract for either of these reasons we will notify you by e-mail and provide you with a full refund. We will not be obliged to offer any additional compensation for disappointment suffered.
d. Delivery of goods to you
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
Deliveries are usually at least 2 working days, but we ask that you allow up to 28 days in the rare event that your rug may be out of stock. We will not be obliged to offer any additional compensation if the goods are not delivered within this time frame. You will be informed by email once your order has been dispatched, stating details of the courier used and the consignment note number. (Subject to the correct email address being entered when placing your order).
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
4. Our liability to you
a. Your remedy for damaged goods
In the unlikely event that the goods we deliver are not what you ordered or are damaged / defective, or the delivery is of an incorrect quantity; you must notify us within 7 days of receiving it.
We will then, at our option:
- Make good any shortage or non-delivery; or
- Replace any rug that following our inspection are damaged or defective; or
- Refund the amount paid by you for the goods in question.
b. Limitations on our liability to you
You are responsible for observing and complying with all applicable regulations and legislation, which affect your purchase and subsequent use of our goods. This includes obtaining all necessary customs, import or other permits to purchase goods from our site. Certain national laws may prohibit the importation or exportation of certain of our goods to you.
We make no representation and accept no liability in respect of the export or import of the goods you purchase.
To the extent that law permits us to do so, we exclude all our liability to you for any direct, indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem relating to the goods you buy from us, other than the remedies listed in paragraph c above.
If a court does decide we are liable to pay you compensation, that compensation will be limited to the amount paid by you for the goods in question.
Please note that nothing in this section of these terms and conditions (or in any other section) is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence of for fraudulent misrepresentation.
5. Things you should know
a. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, act of god, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
d. Third party rights
A person who is not a party to this contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
e. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
f. Entire agreement