Terms and Conditions of Sale

Last updated: September 2026

These Terms and Conditions explain the basis on which Factory Direct Flooring Ltd supplies products to you.

We have tried to make them clear and easy to understand. Please read them before placing an order, particularly the sections dealing with delivery, checking flooring before installation, returns and installation requirements.

Nothing in these Terms affects the legal rights of a consumer.

1. About us

1.1 We are Factory Direct Flooring Ltd, registered in England and Wales under company number 03409155.

Our registered office and trading address is:

1 Finch Way

Hemdale Industrial Park

Nuneaton

Warwickshire

CV11 6TQ

United Kingdom

VAT registration number: 544835525.

1.2 You can contact us by:

Telephone: 0330 100 0015

Email: info@factory-direct-flooring.co.uk

1.3 In these Terms:

Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession.

Business Customer means a person or organisation purchasing wholly or mainly for purposes relating to their trade, business, craft or profession.

Order means an order placed with us for Products.

Product or Products means flooring, underlay, accessories and other goods supplied by us.

Website means www.factory-direct-flooring.co.uk.

2. When these Terms apply

2.1 These Terms apply to Products purchased from us through our Website and, where appropriate, by telephone, email or another agreed method.

2.2 Your Order may also be subject to:

our Delivery Information;
our Returns & Collection Charges information;
product-specific information;
manufacturer installation and care instructions;
individual promotional terms; and
any terms specifically agreed with you in writing.

2.3 Where specific terms have expressly been agreed with you in writing and they conflict with these Terms, the specifically agreed terms will take priority to the extent of the conflict.

2.4 If you purchase on behalf of a company or other organisation, you confirm that you have authority to bind that organisation.

3. Placing an Order

3.1 Before placing an Order, please check carefully:

the Product;
colour and design;
dimensions;
pack size;
quantity;
square metre coverage;
delivery address;
delivery service; and
any measurements you have supplied.

3.2 Your Order is an offer to purchase the Products from us.

3.3 We will normally send an email acknowledging receipt of your Order. This does not necessarily mean that we have accepted it.

3.4 Unless we tell you otherwise, an Order for standard Products is accepted when we dispatch the Products to you or make them available for an agreed collection.

3.5 An Order for a Product that is cut, manufactured, specially ordered, altered or otherwise prepared specifically for you may be accepted when we begin processing or preparing that Product.

3.6 Payment being authorised or taken does not by itself mean that we have accepted your Order.

3.7 Before accepting an Order we may decline it where, for example:

the Product is unavailable;
we cannot meet a delivery requirement;
payment cannot be authorised;
there is an obvious pricing or description error;
promotional conditions have clearly not been met; or
we reasonably suspect fraud or unlawful activity.

3.8 If we do not accept an Order after taking payment, the amount paid for the affected Products will be refunded.

4. Our obligations to Consumers

4.1 If you are a Consumer, we are under a legal duty to supply Products that conform with the contract.

4.2 Products supplied to Consumers must, where applicable, be:

as described;
of satisfactory quality;
fit for their normal purpose; and
fit for a particular purpose made known to us where the law requires this.

4.3 Nothing in these Terms excludes or restricts rights that cannot legally be excluded or restricted.

5. Products, images, samples and variations

5.1 Images and room settings

We take reasonable care to represent Products accurately.

However, Product photographs, room-set images and visualisers are representations only.

How flooring appears can be affected by:

natural and artificial lighting;
direction of light;
surrounding décor;
photography;
device and monitor settings;
screen brightness and colour calibration; and
viewing angle.

A Product viewed on a screen may therefore look different when seen physically.

5.2 Samples

Where samples are available, we strongly recommend ordering one before purchasing flooring.

A sample allows you to view the colour, texture and general appearance of a Product in your own surroundings and lighting.

Samples are representative of a flooring range but cannot guarantee that every plank, tile, board or section will be identical.

5.3 Natural products

Wood and Products incorporating natural materials will naturally vary.

This can include variations in:

colour;
shade;
grain;
knots;
mineral markings;
texture;
pattern; and
tone.

These characteristics are normally part of the appearance of a natural Product rather than a defect.

5.4 Manufacturing and batch variation

Flooring produced at different times or in different manufacturing batches may have some variation in:

shade;
tone;
texture;
pattern;
surface finish;
gloss level; or
dimensions within normal manufacturing tolerance.

We therefore recommend ordering sufficient flooring for the whole installation at the same time.

5.5 Additional orders

If you order more flooring later, we will try to assist with batch matching where reasonably possible, but we cannot guarantee that additional flooring will match flooring previously supplied.

Production batches change and Products may also be altered or discontinued by manufacturers.

5.6 Pattern repetition and variation

Wood-effect, stone-effect and patterned flooring is generally intended to reproduce natural variation.

Different planks or tiles may therefore contain different visual patterns.

Some designs intentionally include significant shade or pattern variation.

5.7 Sheet vinyl

With patterned sheet vinyl, the position of a pattern within a cut length can vary according to where the material is cut from the roll.

Where pattern positioning or pattern matching is important, please contact us before placing the Order.

6. Measurements, quantities, pack sizes and wastage

6.1 Unless we have expressly agreed to undertake a measuring service, you are responsible for the measurements and quantities ordered.

6.2 Flooring installations normally require additional material for cutting and wastage.

The amount required depends upon matters including:

room shape;
installation pattern;
plank or tile size;
direction of installation;
alcoves and doorways;
Product type; and
installer technique.

6.3 Around 10% additional flooring is commonly allowed for a straightforward installation, but this is only a guide.

Complex layouts and designs such as herringbone, parquet, diagonal or patterned installations will usually require more.

6.4 Any flooring calculator or quantity recommendation provided by us is a guide unless we expressly agree otherwise in writing.

You and your installer remain responsible for determining the quantity actually required.

6.5 Pack quantities

Many flooring Products are sold only in complete packs.

Where the required square metre quantity does not divide exactly into complete packs, the Order will need to be rounded up to the next complete pack.

This will normally result in some surplus flooring.

6.6 Spare flooring

We recommend retaining some suitable spare flooring after installation.

This can be useful for future repairs because:

Products may subsequently be discontinued;
colours or specifications may change;
manufacturing batches may differ; and
an exact match may no longer be available.

7. Prices, VAT and promotions

7.1 Prices displayed to Consumers include VAT at the applicable rate unless clearly stated otherwise.

7.2 Delivery charges are separate unless expressly included in the Product price.

The applicable delivery charge will be shown before you place your Order.

7.3 Prices may change, but changes will not affect Orders we have already accepted.

7.4 Pricing errors

Despite reasonable care, Products may occasionally be incorrectly priced.

If an obvious pricing error is identified before we accept an Order, we may:

contact you and offer the Product at the correct price; or
cancel the affected Product and refund any amount paid.

We are not required to supply a Product at a price that is obviously incorrect and which you could reasonably have recognised as an error.

7.5 Promotions

Promotions may have separate conditions.

Unless expressly stated otherwise:

promotions cannot be combined;
promotional prices apply only during the stated period;
discounts apply only to eligible Products; and
qualifying purchase requirements must be met.

Where a promotion applies to an accessory purchased with flooring, such as discounted underlay, the quantity of promotional Product must reasonably correspond with the flooring purchased.

8. Payment

8.1 Payment is normally required in full before an Order is processed unless we expressly agree otherwise.

8.2 Available payment methods are shown during checkout.

8.3 You must be authorised to use the payment method supplied.

8.4 Payments may be subject to security, fraud prevention and authorisation checks.

9. Product availability

9.1 Products are subject to availability.

9.2 Stock levels and expected availability dates are provided in good faith but may change.

9.3 If a Product becomes unavailable, we may offer you the choice to:

wait for further stock;
select an alternative Product; or
cancel the affected Product and receive a refund.

9.4 We will not substitute a materially different Product without your agreement.

10. Delivery

10.1 Delivery service

Available delivery services and charges depend upon:

the Products ordered;
their size and weight;
the delivery location; and
the service selected.

Flooring often requires specialist or palletised transport.

10.2 Delivery dates

Any delivery date we provide is based on information available at the time.

Unless we expressly confirm otherwise, delivery dates are estimates and are not guaranteed.

Do not book installers or begin installation until the complete Order has arrived and has been checked.

10.3 Kerbside delivery

Unless expressly agreed otherwise, flooring deliveries are made on a kerbside basis.

This means delivery will be made to the nearest safe and reasonably accessible point to the delivery address which the delivery vehicle and driver can reach.

The driver is not normally required to:

carry flooring inside the property;
move Products through the property;
take Products upstairs;
place Products in a garage or outbuilding;
use lifts; or
unpack the Order.

Flooring packs, pallets and vinyl rolls can be long and extremely heavy.

You should ensure that suitable assistance is available to move the Products safely from the delivery point.

10.4 Weather

You are responsible for moving Products into appropriate dry storage after delivery.

Flooring should not be left outdoors or exposed to rain, excessive moisture or unsuitable temperatures.

10.5 Access restrictions

You must tell us before delivery about restrictions which could affect a delivery vehicle.

Examples include:

narrow roads;
weight or height restrictions;
low bridges;
restricted access;
steep or unsuitable roads;
private roads;
timed access;
parking restrictions; or
unsuitable unloading areas.

If the address cannot safely or reasonably be reached, delivery may be made to the nearest suitable point.

10.6 Receiving the delivery

Unless agreed otherwise, someone aged 18 or over should be available to receive the Order.

10.7 Visible transit damage

Please inspect the pallet, packaging and Products as far as reasonably possible when they arrive.

Where packaging is visibly damaged:

make a note on the carrier's delivery record where possible;
take photographs before unpacking where practical; and
contact us as soon as reasonably possible.

Ideally, visible transit damage should be reported within 48 hours because this helps us investigate the matter with the carrier.

The 48-hour request is not a condition of your statutory rights.

A signature stating that Products were received does not prevent a Consumer raising a valid claim subsequently.

10.8 Failed delivery

If delivery cannot be completed because of circumstances within your reasonable control, including:

nobody being available;
an incorrect delivery address;
undisclosed access restrictions;
refusal of a valid delivery; or
failure to make suitable arrangements to receive a bulky delivery,

we may charge the reasonable additional cost incurred for redelivery, storage or return.

10.9 Uncollected or undelivered Orders

Where your Order is ready for delivery or collection, you must make reasonable arrangements to receive or collect the Products.

If you have not taken delivery of or collected the Products within 90 days of us notifying you that they are ready, we reserve the right to unallocate the Products from your Order and make them available for sale to other customers. Your Order will not automatically be cancelled as a result, but if the Products are subsequently out of stock, you may need to wait for further stock to become available.

If you continue to fail to make reasonable arrangements to receive or collect the Products, we may choose to cancel the Order, but we are not required to do so. Where we do so, we will refund any amount due to you, subject to any reasonable costs or losses which we are legally entitled to recover.

10.10 Delays

If a delivery is delayed, missed or otherwise unsuccessful for reasons for which we are responsible, we will take reasonable steps to investigate and rearrange delivery at no additional charge to you.

Where the Products are subsequently delivered, an unsuccessful or delayed delivery does not, by itself, entitle you to a refund of the original delivery charge.

If you paid an additional charge for an enhanced delivery service, such as a timed or expedited delivery, and that enhanced service is not provided, we will refund any amount due in respect of the additional charge for that service.

Nothing in these Terms affects a Consumer's legal rights where delivery is not made within an agreed or legally required period.

10.11 Risk

For Consumers, Products become your responsibility when they come into your physical possession or the possession of a person nominated by you to receive them.

11. Checking flooring before installation

This section is particularly important.

11.1 Initial checks

Before installing flooring, please check:

the correct Product has been supplied;
the colour and design are correct;
sufficient quantity has been supplied;
packaging has not been materially damaged;
there are no reasonably apparent defects;
batch or shade references are suitable where applicable; and
the flooring is suitable for the intended location.

11.2 Check more than one pack

Flooring should not be assessed from a single plank, tile or pack.

Where practical, open and inspect a reasonable selection across the Order before installation.

This helps identify matters such as:

colour variation;
manufacturing variation;
printing or pattern differences;
batch differences; and
visible defects.

Opening Products reasonably for inspection does not itself remove a Consumer's statutory rights.

11.3 Stop if there is a problem

If you believe something is wrong:

do not continue installation and contact us as soon as possible.

You should not continue installing flooring where an incorrect Product, significant shade discrepancy, visible defect or other material problem has become reasonably apparent.

11.4 Installation costs

Nothing in this section removes your statutory rights.

However, if flooring continues to be installed after a problem was obvious or reasonably should have been identified, we may not be responsible for additional fitting, uplift or remedial costs that could reasonably have been avoided.

12. Storage, acclimatisation and site conditions

12.1 Flooring must be stored, acclimatised and installed in accordance with the instructions applicable to the Product.

12.2 Requirements differ between flooring types.

Depending on the Product, relevant matters may include:

room temperature;
relative humidity;
subfloor moisture;
acclimatisation period;
storage orientation;
subfloor flatness;
expansion provision;
underlay;
damp-proof membranes; and
underfloor heating.

12.3 Products should remain appropriately protected and stored in suitable internal conditions before installation.

12.4 Incorrect storage or environmental conditions can cause flooring to:

expand;
contract;
warp;
cup;
bow;
gap;
lift;
crack; or
suffer joint failure.

A problem caused by unsuitable storage, environmental conditions or installation is not a defect in the Product itself.

13. Subfloors and moisture

13.1 The installer is responsible for ensuring that the subfloor is suitable for the flooring being installed.

13.2 This may require checks for:

moisture;
flatness;
strength;
cleanliness;
stability; and
compatibility with the flooring system.

13.3 Appropriate moisture testing should be carried out where required by:

the Product instructions;
accepted installation practice;
the subfloor type; or
site conditions.

13.4 New concrete and screeded floors can retain moisture for a considerable period and should not be assumed to be dry based only on their age or appearance.

13.5 Where required, appropriate damp-proofing or moisture-control measures should be in place before flooring is installed.

14. Underfloor heating

14.1 Not every Product is suitable for use with every underfloor heating system.

14.2 If underfloor heating is present, you should confirm that:

the flooring is suitable;
any underlay is suitable;
the system is commissioned correctly;
maximum temperature requirements are observed; and
manufacturer heating and cooling procedures are followed.

14.3 Flooring should not be exposed to temperatures outside the limits specified for the Product.

14.4 Rapid or excessive temperature changes may damage flooring.

14.5 If you tell us before purchase that flooring is required for use with underfloor heating, any specific advice we provide will form part of the circumstances relevant to your purchase.

15. Consumer right to cancel an online or distance Order

This section applies to Consumers purchasing at a distance.

15.1 Cancellation period

Subject to section 17, you normally have the legal right to cancel without giving a reason.

The cancellation period ends 14 days after the day on which you or a person nominated by you takes physical possession of the Products.

Where an Order is delivered in separate shipments, the period normally begins when the final relevant shipment is received.

15.2 How to cancel

You must clearly tell us that you wish to cancel.

You may contact us by telephone, email or post using the details in section 1.

You may also use the Model Cancellation Form at the end of these Terms, but you do not have to.

15.3 Returning cancelled Products

After cancelling, Products must be returned without undue delay and in any event within 14 days after you tell us you wish to cancel.

Unless we are responsible for the return because the Products are faulty, incorrect or otherwise non-conforming, you are responsible for the direct cost of returning the Products to us.

If you cancel after your Order has been dispatched, we may no longer be able to stop the delivery. Where we are able to request that the Products are intercepted or returned to us by the carrier, any reasonable direct return or carrier cost for which you are responsible may be deducted from your refund.

If the delivery cannot be stopped or intercepted, you may need to receive the Products and arrange their return to us in accordance with this section.

15.4 Bulky flooring returns

Flooring is generally bulky, heavy and/or long and normally cannot be returned by ordinary post.

Depending on the Products being returned, suitable return arrangements may require:

palletisation;
specialist transport; or
a carrier able to transport long or heavy goods.

You are responsible for arranging a suitable return carrier and for the Products until they are received by us.

Where you are responsible for the direct cost of return, the cost will depend upon factors such as the type, quantity, weight, dimensions and collection location of the Products.

Because these costs vary depending upon the Products and collection location, please contact us before placing your Order if you would like an estimate of the likely cost of returning particular Products.

This section does not apply to return costs which we are required to bear because Products are faulty, incorrect or otherwise do not conform with the contract.

15.5 Handling

You may handle Products only as reasonably necessary to establish their nature, characteristics and functioning.

Where a return is permitted, products must be handled appropriately and returned in accordance with our returns policy. We may make a deduction for any reduction in value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Products that have been opened, mixed, used, contaminated, incorrectly stored or otherwise compromised may have a significantly reduced resale value or may no longer be suitable for resale.

15.6 Refund

If you cancel the whole qualifying Order, we will refund:

the price of the cancelled Products; and
the cost of our least expensive standard delivery method available for that Order.

If you selected an enhanced or more expensive delivery service, the additional delivery cost does not have to be refunded.

15.7 Partial cancellation

If only part of an Order is cancelled, we will only refund a delivery charge to the extent that the original delivery charge would have been lower had the retained Products been ordered alone.

15.8 Timing

Where Products have been dispatched, we may withhold the refund until:

the Products have been received back by us;
you provide evidence that the Products have been returned; or
where the Products have been intercepted or returned by the carrier, we have received confirmation that they are being returned to us,

whichever occurs first and to the extent permitted by law.

The refund will then be made within the period required by law.

16. Our additional 30-day returns policy

In addition to statutory cancellation rights, we offer Consumers an additional change-of-mind return period for eligible Products.

16.1 Period

Eligible Products may be returned up to 30 days after delivery.

Flooring adhesives, glues, primers, levelling compounds, sealants, liquid damp-proofing products and other chemical-based installation accessories are excluded from our additional 30-day returns policy unless we expressly agree otherwise. This is because these products may have limited shelf lives, require controlled storage conditions or be unsuitable for resale once their condition or storage history can no longer be verified.

16.2 Conditions

For returns relying on this additional policy, rather than a statutory right, Products must:

be unused;
be complete;
be in a condition suitable for resale as new;
remain in their original packaging where applicable; and
not fall within one of the exclusions in section 17.

16.3 Flooring packs

Under the additional 30-day policy, flooring packs should be unopened.

A pack which has been opened cannot normally be resold by us as new and may therefore be excluded from the voluntary policy.

This does not affect statutory rights relating to faulty or non-conforming Products.

16.4 Partial packs

We do not normally accept change-of-mind returns of:

individual loose planks;
individual tiles;
incomplete packs; or
Products removed from retail packaging,

unless we expressly agree otherwise.

16.5 Packaging returns

Flooring packs must be packaged so that they are capable of completing the return journey without damage.

In particular:

packs should be individually protected where appropriate;
original retail packaging should not be used as the sole transport protection if it is not designed for that purpose;
parcel tape should not be applied directly to Product boxes or retail packaging where it would cause damage;
packs should be secured so they cannot move excessively in transit; and
palletised returns must be securely stacked and wrapped.

As a practical guide, Products should be packaged to a standard that you would reasonably be happy to receive as a new delivery.

16.6 Your carrier

If you arrange your own return, we strongly recommend using:

a trackable service;
a carrier suitable for flooring; and
appropriate transit insurance.

Products remain your responsibility until they are delivered to us.

If your return carrier damages the Products, any claim against that carrier is your responsibility.

16.7 Damage during return

If Products returned under our voluntary policy reach us damaged and are no longer reasonably capable of being sold as new, we may:

refuse the voluntary return; or
make an appropriate reduction to reflect the loss in value.

This does not apply where the damage was caused by a collection service for which we were responsible.

17. Cut-to-measure, bespoke, specially prepared and perishable products

Some flooring and flooring accessories are cut, manufactured or prepared specifically for an individual order, while certain products are perishable or have a limited usable life.

The statutory right to change your mind does not apply where the relevant legal exemption applies to Products made to your specifications or clearly personalised for you, or products liable to deteriorate or expire rapidly.

17.1 Cut-to-measure, bespoke and specially prepared products

Depending on the circumstances, this may include:

sheet vinyl cut specifically to a length requested by you;
flooring cut specifically to measurements supplied by you;
bespoke Products;
specially manufactured Products;
specially altered Products; and
certain Products obtained or prepared specifically for your Order.

17.2 Perishable and shelf-life-sensitive products

Certain flooring installation products and accessories have a limited shelf life or may deteriorate over time, particularly once opened or exposed to air, moisture or unsuitable storage conditions.

Depending on the nature and characteristics of the product, these may include:

flooring adhesives and glues;
primers and bonding agents;
floor levelling and smoothing compounds;
grouts, fillers and repair compounds;
sealants and jointing products;
moisture barriers and damp-proofing compounds supplied in liquid or paste form;
cleaning, treatment and maintenance products; and
other flooring accessories or chemical-based products with a limited usable life.

Where a product is liable to deteriorate or expire rapidly, the statutory 14-day change-of-mind cancellation right does not apply.

For products that are not legally exempt, your statutory cancellation rights continue to apply.

17.3 Measurements

Please check measurements particularly carefully before ordering a Product which will be cut or made specifically for you.

Once cutting, manufacture or bespoke preparation has started, it may not be possible to cancel or change the Order.

17.4 Discretionary return of cut-to-measure, bespoke, specially prepared and perishable products

Where there is no statutory change-of-mind right, we may sometimes agree, as a goodwill measure, to accept a cut-to-measure, bespoke, specially prepared or perishable product back.

We are not required to do so, and any return would need to be agreed with us beforehand.

Where we agree to such a return, the refund may reasonably take account of:

the reduced resale value;
transport;
handling;
repackaging; and
reasonable costs directly associated with the return.

We will explain any proposed deduction before you agree to the return.

17.5 Faults

Nothing in this section affects your rights if a bespoke or cut Product is faulty, incorrect or otherwise fails to conform with the contract.

18. Faulty, damaged, incorrect or missing Products

18.1 Tell us about a problem

If you believe Products are faulty, damaged, incorrect or missing, contact us as soon as reasonably possible.

Please provide:

your Order number;
details of the problem;
photographs where appropriate; and
any other information reasonably required to investigate the matter.

18.2 Transit damage

For visible delivery damage, see section 10.7.

Reporting damage quickly helps us make a claim against our carrier but does not reduce a Consumer's legal rights merely because a particular reporting period has passed.

18.3 Stop installation

If a suspected defect or discrepancy becomes apparent during installation:

stop installing the affected flooring and contact us.

Do not continue installing affected Products until the issue has been reasonably assessed.

18.4 Investigation

Flooring problems can arise from either the Product itself or conditions surrounding its installation.

We may therefore reasonably request information about:

subfloor type;
moisture testing;
moisture readings;
relative humidity;
room temperature;
acclimatisation;
expansion gaps;
underfloor heating;
adhesives;
underlay;
installation method;
installation date;
maintenance products; and
manufacturer requirements.

18.5 Photographs and samples

We may reasonably ask for photographs, Product labels, batch references or samples.

Where reasonable, please retain affected Products and packaging while an investigation is underway.

18.6 Inspection and assessment

Where the nature or cause of a reported problem cannot reasonably be established remotely, we may reasonably require an opportunity to inspect or examine the affected Products before determining the appropriate remedy.

This may include:

asking you to return affected Products or samples to us for inspection or testing;
inspection or assessment by the manufacturer or supplier;
inspection by a suitably qualified representative; or
an independent flooring inspection where appropriate.

Where a fault has not yet been established and Products are returned to us for inspection, you may be required to arrange and pay the reasonable cost of return in the first instance. If the Products are subsequently confirmed to be faulty or otherwise not to conform with the contract, we will reimburse reasonable return costs where required by law.

We may reasonably require an opportunity to inspect the Products, installation and relevant site conditions before affected Products are removed, disposed of or extensive remedial work is undertaken. Please retain affected Products, samples and relevant packaging where reasonably practicable while an investigation is ongoing.

This does not remove or limit your statutory rights.

18.7 Independent inspections and inspection costs

Where the nature or cause of a reported problem remains unclear, an independent inspection may be appropriate to help establish whether the issue arises from the Product itself or from another factor such as installation, subfloor or site conditions, moisture, environmental conditions, maintenance or misuse.

Where we arrange an independent inspection, we may, where reasonable and permitted by law, require payment of a reasonable inspection deposit before the inspection takes place.

If the inspection establishes that the Products do not conform with the contract and we are responsible for the issue, we will refund the inspection deposit in full and provide the appropriate remedy in accordance with your statutory rights.

If the inspection establishes that the Products conform with the contract and that the issue has arisen from installation, site or subfloor conditions, environmental conditions, maintenance, misuse or another matter for which we are not responsible, the reasonable cost of the inspection may be deducted from or covered by the inspection deposit. Where applicable, a copy of the inspection report will be provided to you.

You may choose to commission your own suitably qualified and independent inspector. We recommend that any inspection includes all measurements and testing reasonably relevant to the suspected cause of the problem.

If you commission your own inspection, you will normally be responsible for its cost in the first instance. Whether we are responsible for reimbursing the reasonable cost of that inspection will depend upon the findings, circumstances and applicable law.

This does not require you to pay an inspection charge where doing so would be inconsistent with your statutory rights.

18.8 Remedies

Where Products supplied to a Consumer do not conform with the contract, legal remedies may include, depending on the circumstances:

the short-term right to reject;
repair;
replacement;
price reduction; or
the final right to reject.

Where a Consumer validly exercises a statutory right to reject Products that do not conform with the contract, we will bear reasonable return costs where required by law.

19. Installation and third-party fitters

19.1 Unless expressly agreed otherwise, we supply flooring Products only.

19.2 An installer engaged by you is an independent third party and does not become our agent simply because they install flooring purchased from us.

19.3 Your installer should be appropriately competent for the Product and installation concerned.

19.4 They should follow:

manufacturer instructions;
relevant industry installation standards;
appropriate subfloor preparation;
applicable adhesive or underlay requirements;
moisture requirements;
expansion requirements; and
underfloor heating requirements.

19.5 Installer checking responsibility

A competent installer would normally be expected to inspect flooring as installation progresses.

Where an installer identifies or ought reasonably to identify an apparent problem, installation should stop.

19.6 Installation-related faults

We are not responsible for a Product problem caused by matters for which we are not responsible, such as:

unsuitable subfloor conditions;
excessive moisture;
insufficient expansion provision;
incorrect adhesive;
incorrect underlay;
incorrect installation technique;
unsuitable storage;
inappropriate cleaning or maintenance;
incorrect environmental conditions; or
failure to follow manufacturer instructions.

Nothing in this clause excludes responsibility for a Product that was itself faulty when supplied.

20. Fitting, uplift and consequential costs

20.1 Where a Product is faulty, any claim for consequential costs such as:

fitting;
uplift;
removal;
reinstallation;
disposal;
decorating;
accommodation; or
other associated work

will depend on the circumstances and applicable law.

20.2 Consumers are expected to take reasonable steps to avoid unnecessary loss.

This includes stopping installation where an issue is obvious or becomes reasonably apparent.

20.3 We will not normally be responsible for fitting or uplift costs that could reasonably have been avoided because flooring was installed after an obvious problem had been identified.

20.4 This section does not exclude any loss for which we are legally responsible.

21. Product discontinuation and replacement flooring

21.1 Flooring ranges, colours and specifications change over time.

Manufacturers may:

discontinue Products;
change manufacturing facilities;
change specifications;
change décor films;
alter finishes; or
change production batches.

21.2 We therefore cannot guarantee that an identical replacement Product will remain available in future.

21.3 If a replacement is required and the original Product is unavailable, the remedies available will depend upon why replacement is required and your applicable legal rights.

21.4 This is one reason we recommend retaining reasonable spare material after installation.

22. Manufacturer warranties

22.1 Some Products are supplied with a manufacturer warranty.

22.2 Warranty periods and conditions vary.

22.3 Manufacturer warranties may require compliance with requirements relating to matters such as:

installation;
domestic or commercial use;
subfloor conditions;
moisture;
maintenance;
castor chairs;
pets;
underfloor heating; and
environmental conditions.

22.4 A manufacturer warranty is additional to a Consumer's statutory rights and does not replace them.

23. Our liability to Consumers

23.1 We are responsible for loss or damage suffered by a Consumer where it is a foreseeable result of:

our breach of the contract; or
our failure to use reasonable care and skill.

23.2 Loss is foreseeable if it was obvious that it might happen or both parties knew when the contract was made that it might happen.

23.3 We are not responsible for losses caused by matters for which we are not responsible.

23.4 We are also not responsible for losses which could reasonably have been avoided by the Consumer taking reasonable action.

23.5 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
statutory rights which cannot legally be excluded.

23.6 Products supplied to Consumers are intended principally for private use.

We are not responsible to a Consumer for business losses caused by Products being used for business purposes.

24. Additional terms for Business Customers

This section applies where you purchase wholly or mainly for business purposes.

24.1 Consumer provisions

Legal rights applying specifically to Consumers, including statutory distance-selling cancellation rights, do not apply to Business Customers.

24.2 Inspection

Business Customers must inspect Products promptly following delivery and notify us promptly of reasonably apparent:

damage;
shortage;
incorrect Products; or
defects.

This does not prevent a claim relating to a latent defect that could not reasonably have been identified on initial inspection.

24.3 Installation

Products must be checked before and during installation.

We will not be responsible for avoidable:

fitting;
uplift;
labour;
delay;
loss of productivity; or
remedial costs

where the relevant problem was or ought reasonably to have been apparent before installation continued.

24.4 Implied terms

To the fullest extent permitted by law, terms implied by statute, common law or otherwise into a business-to-business contract are excluded.

24.5 Excluded Business losses

Subject to section 24.7, we are not liable for:

loss of profit;
loss of revenue;
loss of business;
loss of anticipated savings;
loss of contracts;
loss of goodwill;
business interruption; or
indirect or consequential loss.

24.6 Liability cap

Subject to section 24.7, our total aggregate liability arising from or connected with an Order, whether in contract, tort including negligence, breach of statutory duty or otherwise, will not exceed the total amount paid or payable for the Products giving rise to the claim.

24.7 Liability which cannot be limited

Nothing excludes or limits liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
obligations relating to title which cannot legally be excluded; or
another liability which cannot lawfully be excluded or limited.

24.8 Title

For Business Customers, ownership of Products does not pass until we have received payment in full for them.

Until ownership passes, you must keep the Products identifiable and appropriately protected.

Risk passes in accordance with the relevant delivery arrangements and is separate from ownership.

25. Events outside our reasonable control

25.1 We are not responsible for delay caused by circumstances outside our reasonable control.

Examples include:

severe weather;
fire;
flood;
major accidents;
war;
civil disturbance;
industrial action;
major carrier disruption;
transport network failure;
government action;
import or export restrictions; and
significant infrastructure or telecommunications failure.

25.2 We will take reasonable steps to reduce the effect of any such event.

25.3 Nothing in this clause removes a Consumer's legal rights where a delay becomes sufficiently significant to entitle them to cancel.

26. Personal information and call recording

26.1 Personal information is processed in accordance with our Privacy Policy.

26.2 We may process information where reasonably necessary to:

process Orders;
take payment;
arrange delivery;
provide customer service;
investigate claims;
prevent fraud; and
comply with legal obligations.

26.3 Calls may be recorded or monitored for training, quality, security and dispute-resolution purposes in accordance with our Privacy Policy.

27. Reviews

27.1 We may invite customers to provide reviews or feedback.

27.2 Providing a review is voluntary.

27.3 Leaving, changing or removing a review is not a condition of receiving customer service or exercising a statutory right.

28. Complaints

28.1 If you are unhappy with a Product or our service, please contact us.

28.2 We will investigate complaints fairly and aim to resolve them within a reasonable period.

28.3 We may request information reasonably necessary to investigate a flooring complaint, including:

photographs;
measurements;
batch references;
installation details;
moisture readings;
temperature or humidity information;
samples; or
access for inspection.

28.4 Nothing in our complaints process prevents a Consumer exercising their statutory rights.

29. Contacting each other

29.1 You can contact us using the details in section 1.

29.2 If we need to contact you, we may use the email address, telephone number or postal address provided with your Order.

29.3 Please notify us promptly if contact or delivery information changes.

30. Governing law

Consumers

30.1 If you are a Consumer resident in England or Wales, these Terms are governed by English law and proceedings may be brought in the courts of England and Wales.

30.2 Consumers living elsewhere in the United Kingdom retain any mandatory rights and rights of jurisdiction available under applicable law.

Business Customers

30.3 Business contracts are governed by the law of England and Wales.

30.4 The courts of England and Wales have exclusive jurisdiction over disputes involving Business Customers.

31. General terms

31.1 If any part of these Terms is unlawful or unenforceable, the remainder will continue to apply.

31.2 If we do not immediately enforce a right, this does not mean we have waived it.

31.3 No person other than you and us has a right to enforce the contract except where law provides otherwise.

31.4 You may not transfer your rights or obligations without our agreement except where law permits you to do so.

31.5 We may transfer our rights or obligations to another organisation provided that doing so does not reduce a Consumer's rights.

31.6 We may update these Terms.

The Terms applying to an Order will normally be those in force when that Order was placed.

Model Cancellation Form

Complete and return this form only if you wish to cancel your contract using the form.

You do not have to use it.

To:

Factory Direct Flooring Ltd

1 Finch Way

Hemdale Industrial Park

Nuneaton

Warwickshire

CV11 6TQ

Email: info@factory-direct-flooring.co.uk

I/We hereby give notice that I/We cancel my/our contract for the sale of the following goods:

....................................................................................

Order number:

....................................................................................

Ordered on / received on:

....................................................................................

Name of Consumer(s):

....................................................................................

Address of Consumer(s):

....................................................................................

Signature, only if this form is submitted on paper:

....................................................................................

Date:

....................................................................................