Terms & Conditions

Last update: 10 Apr 2024

Welcome to the Martin Phillips Carpets Website Terms and Conditions for use. These terms and conditions apply to the use of the Website.

By accessing this Website and/or placing an Order, you agree to be bound by these terms and conditions. You can only purchase the Goods from the Website if you are eligible to enter into a Contract and are at least 18 years old. If you are under the age of 18, you may use the website only with the involvement of a parent or guardian.

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. All information on this Website is given in good faith and Martin Phillips Carpets cannot accept responsibility for any loss or damage arising from the information or its use or misuse.

The www.MartinPhillipsCarpets.co.uk Website is operated by:

Martin Phillips Carpets Limited
9A Portaferry Road
Newtownards
County Down
BT23 8NN
United Kingdom

Company number NI037719
E-mail: [email protected]
Telephone No: +442891818227

Interpretation
1. Customer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
2. Contract means the legally-binding agreement between you and us for the supply of the Goods;
3. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
4. Order means the Customer's Order for the Goods from the Supplier as submitted following the step by step process set out on the Website
5. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website and can be found here: www.martinphillipscarpets.co.uk/privacy-notice
6. Website means our Website www.martinphillipscarpets.co.uk on which the Goods are advertised.
General Points
1. Product representation - Whilst we go to great lengths to accurately present the appearance of all Goods we sell, both on the visualiser and on the pictures used on the website, 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 Goods. As the interpretation of colours can vary from person to person please be aware that any descriptions of Goods 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. We highly encourage website visitors to request a sample, when this option is given, to avoid colour misinterpretation.
2. All Goods which appear on the Website are subject to availability.
3. Out of Stock items - We do our very best to ensure that the vast majority of our Goods 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 Good.
Personal information
1. We retain and use all information strictly under the Privacy Policy
2. We may contact you by using e-mail or by the phone number you provided when signing up to our Website.
How to conclude a Contract with us using this Website
These are the steps you need to take to conclude a Contract with us:
1. Make sure you have read and understand our terms
  It is your responsibility to read the legal terms on our Website carefully and to raise any problems with us before you place your Order. This includes these terms and conditions, our Cookies Policy and our Privacy Policy.
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 Goods you wish to purchase by clicking on the "Add to basket" or "Order" button. If you have provided your own measurements, you are responsible for these being accurate and Martin Phillips Carpets accepts no liability if the floorcovering does not fit. Therefore, please make sure that these are correct at the time of ordering to avoid any issues upon delivery or when the floorcovering is fitted. 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 Goods with description, price and current subtotal. You can edit the contents of your basket and remove any input errors by removing Goods or changing quantities.
4. Making a Purchase or Ordering a Sample
  To purchase the Goods or Samples 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. You will then be transferred to our secure server provider to complete your Order. If you choose to order a Sample, you will not be transfered to a secure provider, as the service is provided free of charge.
  
  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.
  
  If you have a valid discount coupon or gift certificate to redeem, please enter the relevant code in the relevant box when you proceed to checkout and the discount will be deducted from the total.
  
  When you place an order that includes Samples, we pass on to our suppliers any required personal information (such as e-mail address, name, delivery address, phone number) you provided to us during the checkout process and they will dispatch the samples directly to you.
5. Paying for your order
  
  You will be given 2 options to successfully complete payment for your order. Online payments may be made by debit or credit card or through PayPal. Payments using a debit or credit card is taken at the time you place your order and is processed using an independent company’s secure payment processing system, while for payments via Paypal, you will be redirected to log in to your PayPal account and complete payment through this portal.
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.
Other information about the Contract
We can only conclude the Contract with you in English and not in any other language.

The Contract between us will consist of (1) these terms and conditions together with our privacy policy, (2) your Order and (3) our acceptance. We will not file the concluded Contract between us online and you should therefore print out and retain copies of each element of the Contract.
1. Price
  1. The prices payable for Goods that you Order as well as any applicable VAT are as set out on our Website and any additional delivery or other charges is that set out on the Website and can be found here https://www.martinphillipscarpets.co.uk/delivery_information at the date of the Order or such other price as we may agree in writing.
  2. You must pay by submitting your credit or debit card details with your Order or choose to pay with PayPal.
2. Goods Cancellations & Returns
  1. Please visit this link, to find out how to request a return
  2. Goods can be returned within 14 days of delivery should it be unsatisfactory. The Goods must be returned undamaged, in its original condition and packaging. You are responsible for the cost of returning the Goods (unless the Goods were received in a damaged condition).
  3. For customers who are based in UK Mainland and wish to return a rug that was purchased from our website and their order was delivered directly from our supplier, these conditions applies: return request must be received by our staff within 20 days and a fee will be incurred upon returning the rug.
  4. Once we have received the Goods 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 Goods weight). Alternatively you can choose to accept a credit for the full price of the Goods you Ordered. This can be used towards the purchase of another Goods on the Website.
  5. Please note, whilst every effort is made to accurately reproduce the appearance of each Goods 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 Goods images. You can still return your Goods for a refund, however they will not be deemed faulty and you will be responsible for the return costs.
  6. Shedding is a natural characteristic of a deep pile carpets and rugs and is not deemed to be a fault. This is common on Acrylic and Wool Goods and should be taken into consideration when choosing a product suitable Goods for your home.
3. Our rights to cancel the Contract
  We may cancel the Contract between us if:
  1. The Goods you have Ordered are unavailable for any reason.
  2. 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.
  3. 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.
Delivery of Goods to you
1. We will deliver the Goods Ordered by you to the address you give us for delivery at the time you make your Order.
2. Deliveries are usually at least 2 working days, but we ask that you allow up to 28 days in the rare event that your Goods 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).
3. 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. You are responsible to check that the products you receive are the ones you ordered, the correct colour and size, and are examined for apparent faults or damage at the time of delivery and before installation/assembly. If on inspection you have any doubts, please contact us immediately.
Our liability to you
1. Your remedy for damaged/incorrect 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/Goods; you must notify us within 7 days of receiving it.
  
  We will then, at our option:
  1. Make good any shortage or non-delivery; or
  2. Replace any Goods that following our inspection are damaged or defective; or
  3. Refund the amount paid by you for the Goods in question.
2. 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 Website. 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 a 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.
Things you should know
1. 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.
  
  In the event of any failure by a party because of something beyond its reasonable control:
  1. the party will advise the other party as soon as reasonably practicable; and
  2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
2. Invalidity
  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.
3. Privacy
  You acknowledge and agree to be bound by the terms of our privacy policy on our Website which can be found here: Privacy Policy
4. 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.
5. Governing law
  1. 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.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
6. Entire agreement
  These terms and conditions together with our terms of use and privacy policy, your Order and our acceptance set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Except for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.