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Terms & Conditions Website Use

Carpet World (Nuneaton) Limited and Carpet World (Nuneaton) Limited Trading as Factory Direct Flooring - Website use

Introduction

In these Terms of Use, references to weus or our (or words of similar import) means Carpet World (Nuneaton) Limited, and/or Carpet World Nuneaton Limited trading as Factory Direct Flooring  a limited company registered in England (company number: 03409155), whose registered office is Unit 21, Whitacre Road Industrial Estate, Nuneaton, Warwickshire, CV11 6BY United Kingdom. Our VAT registration number is 544835525

In these Terms of Use, references to you means the person accessing and using the Website (as defined below). If you use this Website on behalf of a company, organisation or other entity, then (i) you includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to these Terms of Use, and that you agree to these Terms of Use on behalf of yourself and the company, organisation or other entity.

This website www.factory-direct-flooring.co.uk together with the website www.carpetworlduk.co.uk are operated by us. These Terms of Use set out the basis on which you may make use of our Website. By accessing and using our Website, you are indicating your acceptance of these Terms of Use and you agree to comply with them. If you do not agree to these Terms of Use, you may not use this Website.

The supply of any goods, products or services you order from the Website is subject to our applicable Terms and Conditions of Sale and Supply & Install Terms and any other relevant terms and conditions. We will use your personal information in accordance with our Privacy Policy.

We reserve the right to change these Terms of Use from time to time without prior notice by changing them on this Website. The Terms of Use applicable to your use of our Website will be those in force at the time you access the Website.

Accessing our Website

We do not guarantee that the Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of this Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt this Website or any computer system, server, router or any other internet-connected device associated with this Website. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack, a distributed denial-of service attack or otherwise.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Website and is compatible with this Website. You also understand that we cannot and do not guarantee or promise that any content on this Website (including Material (as defined below)) will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

From time to time, we may restrict access to certain features or parts of the Website, or the entire Website. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

We reserve the right, in our discretion, to withdraw, suspend or modify this Website or certain features or parts of this Website with or without notice to you. There may also be times when this Website or certain features or parts of this Website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, suspension, modification, unavailability, inaccessibility or discontinuance of this Website or any service available on or through this Website.

Using our Website

You must not use this Website for any activities that breach any laws, infringe any person's rights, or breach any standards, content requirements or codes published by any relevant authority. You must use this Website and the information available from this Website responsibly. You must not use this Website or the information available from this Website for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

You must not use this Website in any way that interferes with our systems, other users or harasses, menaces or harms anyone.

You must not use this Website to make any speculative, false or fraudulent orders.

Sample Service

Our web site tries to provide accurate photographic representations of the product we sell. However some web browsers do not always faithfully reproduce the image. It is therefore a good idea to request a sample to ensure the colour is as expected for the flooring to be purchased.

Intellectual property rights

This Website consists of images, illustrations, graphics, video sequences, sounds, text, photographs, tools (including calculators), formats and styles of presentation, software (including HTML code) and material analogous to it, and other content (collectively, Material). All copyright, moral ownership and other intellectual property rights in the Website and the Material (and derivatives of it) are either owned exclusively by or are licensed to us.

Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us, our affiliates or our licensors. You must not assert or attempt to obtain any such rights.

You acknowledge our rights to the Material. Save as provided elsewhere in these Terms of Use, you must not use, copy, reproduce, modify, manipulate, transmit, distribute, perform, publish, display, participate in the transfer or sale of, license or create derivative works from, or in any way exploit, Material accessed through this Website. Where copying or transmission is expressly permitted, you must display an appropriate author attribution or copyright notice.

You may use, and download and print extracts from, this Website for your own personal use only to the extent necessary to utilise the Website and the services offered through it. No right, title or interest in any downloaded Material is transferred to you. You may not make any other use of Material on this Website. Except as expressly set out in these Terms of Use, you are not allowed to copy (whether by printing onto paper, storing on disk or any other way), distribute (including distributing copies), tamper with or alter in any way or otherwise use any Material contained in this Website.

Except as expressly set out in these Terms of Use, you are not allowed to copy or use any Material on this Website for any commercial purpose.

You are not allowed to remove any copyright, trade mark or other intellectual property notices or watermark contained in the original Material or from any Material copied or printed from the Website.

The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use, and you must (at our option) return or destroy any copies of the Materials you have made.

This Website also contains certain of Factory Direct Floorings and/ or Carpet World (Nuneaton) Limited’s trade marks (whether granted or applied for), graphics, logos and service names (collectively, Devices). The Devices are owned exclusively by us  and may not be copied or reproduced in any format (save as expressly provided elsewhere in these Terms of Use), or used in connection with any product or service without our prior written consent. All other trademarks not owned by us or our affiliated companies that appear on this Website are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by us or our affiliated companies and you must not use those trademarks without the permission of the respective owners.

User generated content

Certain features of this Website may allow you to upload and publish materials, content and information to the Website, create bespoke materials or designs, and/or save customised content (collectively, User Content). Where you upload, publish or otherwise store User Content through this Website you are responsible for ensuring that you have any and all necessary rights, licences and permissions to use that User Content. We will not be responsible for any use of information, materials or content not provided by us. We reserve the right to remove or modify any User Content for any reason, including User Content that we believe violates these Terms.

Any User Content you upload to the Website will be considered non-confidential and non-proprietary, and you grant us the right to use, copy, host, distribute and disclose to third parties the User Content. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Website constitutes a violation of their rights (including their intellectual property rights or their right to privacy).

The views expressed by other users on our Website do not represent our views or values.

Any designs, plans or other similar materials created by you using this Website will be owned by us and may only be used by you in connection with a quotation or order for goods and/or services from us and/or the provision of goods and/or services by us to you. You assign to us all right, title and interest (including any intellectual property rights) in and to any designs, plans or other similar materials created by you using this Website (and agree to sign any document at our request and our reasonable expense to give effect to this assignment) and you waive all moral rights in and to those designs, plans and materials.

Accuracy of information

This Website is updated regularly, and content may change without notice. We are under no obligation to keep the Material up to date, and you acknowledge that it may be out of date at any given time. Material on the Website is not intended to amount to advice or authority on which reliance should be placed. We make no promise and give no assurance that any information is accurate, complete or up to date. To the extent permitted by law, we accept no liability or responsibility for any loss, damage or injury arising as a consequence of any reliance placed upon the Material, whether by a visitor to the Website or by anyone who may be informed of its contents.

The Advice Centre

Without limiting the provisions of the section entitled Accuracy of information, this Website may from time to time contain articles and other advice provided for general information and background purposes only. This information is contained within our Advice Centre. The Advice Centre is for general assistance only and should not be relied upon as the sole source of information on how to complete a task.

Before commencing any DIY task please: assess the risks associated with what you are about to do – taking any necessary precautions; and read and follow all manufacturer’s instructions relating to the equipment, products or task you are about to use or carry out. If you are in any doubt, please stop and seek advice from a professional.

The tasks shown in the Advice Centre should not be attempted by anyone under the age of 18 or who is inexperienced in DIY. Some tasks (for example, tasks involving gas) should only be carried out by qualified professionals.

To the extent permitted by law, we accept no liability for any loss, damage or injury arising as a consequence of any reliance placed upon the Advice Centre, whether by a visitor to the Website or by anyone who may be informed of their contents

Links to and from this Website

From time to time we may also establish relationships with third parties that will enable you to access the websites of such third parties directly from our Website. Where this Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. The inclusion of these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.

You may not link from another internet site to any page on this Website without our prior written consent and after entering into such agreement as we may require. We are not responsible for external websites that link to this Website.

Liability

If you are acting as a consumer

If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your use of our Website, to the extent not prohibited by law, we accept no liability for any:

• loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started to use our Website);

• Loss which arises when we are not at fault or in breach of these Terms of Use; and

• Business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in these Terms of Use is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.

If you are acting as a business user

If you are acting in the course of a business, trade or profession in your use of our Website (a business user), we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) and offer no promises or assurances in relation to the Website or its content (including the Material), to the fullest extent such liability, promises and assurances can be excluded by law, and to the fullest extent permitted by law, all promises, assurances and other terms implied by law are excluded. For the avoidance of doubt, we shall have no liability to compensate you in relation to your use of the Website or its content (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise), except for any refund we make under any other agreement between us or otherwise at our discretion.

If you are acting as a business user in your use of our Website, without prejudice to the preceding paragraph, we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) for any of the following losses:

• loss of data, loss of revenue, sales, income or profits, loss of business, loss of opportunity, loss of use or production, business interruption, contracts, goodwill or reputation (in each case whether direct or indirect); or

• Any indirect or consequential loss.

If you are acting as a business user in your use of our Website, you will indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of, or in any way connected with, use of this Website by you or any other person using your login information.

 

Liability provisions that apply whether you act as a consumer or business user

We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

We will not be liable for the accuracy and suitability of (i) design tools (including calculators) on this Website and (ii) designs, plans or other similar materials created using this Website or the design tools hosted on it. We recommend that you have a survey, whether carried out by us or a third party, before carrying out any work based on such design tool, designs, plans or similar materials. You (or your installer if you have engaged one) must ensure that any goods (including their dimensions) and/or services that you purchase based on such design tool, designs, plans or similar materials are appropriate for your project.

Nothing in these Terms of Use excludes or limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other liability that cannot be excluded or limited under applicable law.

Contacting us

To contact us (including to discuss any complaint), please see our Contact Us page on the Website. Any formal legal notices should be sent to us at the postal address specified in the Introduction section of these Terms of Use, marked for the attention of the Company Secretary of Carpet World (Nuneaton) Limited.

Other important terms

Failure by us to enforce a right does not result in waiver of such right.

Each of the provisions of these Terms of Use operates separately. If any provision (or part of any provision) (including any terms in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable: (i) that provision (or part-provision) will, to the extent required, be excluded from forming part of these Terms of Use; and (ii) the remaining provisions will be unaffected and will remain in full force and effect.

You may not assign or transfer your rights or obligations under these Terms of Use.

Except as expressly stated, a person who is not a party to these Terms of Use shall not have any rights under or in connection with these Terms of Use by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Subject to the following paragraph, you and we agree that these Terms of Use are governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with these Terms of Use (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.

Regardless of the above paragraph, you and we agree that if:

• you are a consumer (as defined in the Liability section) resident in a part of the United Kingdom other than England, the law of that part of the United Kingdom will apply to these Terms of Use and any dispute between you and us arising out of or in connection with these Terms of Use (including non-contractual disputes or claims) will be dealt with by the courts located there;

• you are a consumer (as defined in the Liability section) resident in Éire, Irish law applies to these Terms of Use and any dispute between you and us arising out of or in connection with these Terms of Use (including non-contractual disputes or claims) will be dealt with by the Irish courts;

• you are a consumer (as defined in the Liability section) resident in Jersey, Jersey law applies to these Terms of Use and any dispute between you and us arising out of or in connection with these Terms of Use (including non-contractual disputes or claims) will be dealt with by the Jersey courts; and

• you are a consumer (as defined in the Liability section) resident in Guernsey, Guernsey law applies to these Terms of Use and any dispute between you and us arising out of or in connection with these Terms of Use (including non-contractual disputes or claims) will be dealt with by the Guernsey courts, provided that, where we are allowed to do so by law, we may bring a claim against you in the English courts.

These Terms of Use were last updated on 10th November 2015.

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