These Terms will apply to any contract between Us and You for the sale of Products to You ("Contract.") Please read these Terms carefully and make sure that You understand them, before ordering any Products. Please note that before placing an Order You will be asked to agree to these Terms.
The "Company" or “We/Our/Us” mean ECOHARDWOOD LTD. Company Reg No: 08234374, VAT Reg No: 153044428
The "Customer" means the customer of the company
The "Order" means any order for sale of goods by the Company to the Customer
The "Goods" or “Products” means any goods forming the subject of this order including parts and components of materials incorporated with them
"Bespoke Products" means bespoke or custom-made Products supplied by Us specifically for You to Your Specification;
“Contract” means the contract between Us and You consisting of the quotation or Order confirmation; "Business Days" means Monday to Friday (except Saturday, Sunday or public holiday);
"Terms" means the standard terms and conditions set out in this document.
A reference to a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.1. Where the Terms state that a particular clause or section of a clause shall only apply to Consumers or Business Customers, that clause or section of a clause shall only apply to Consumers or Business Customers (as applicable) otherwise the Terms shall apply to both Consumers and Business Customers.
2. CONDITIONS APPLICABLE
2.1 You must ensure that the details of Your Order for the Products are complete and accurate before You submit the Order. If You think that there is a mistake, please contact us to discuss.
2.2 Any quotation for the Products is valid for a period of 30 days only from the date that it is issued, provided that We have not previously withdrawn it.
2.3 Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
2.4 If You place an Order for a Product and we are unable to supply it, for example, because that Product is not in stock or no longer available, we will inform You of this by email or telephone and We will not process Your Order. If You have already paid for the Products, we will refund You the full amount as soon as possible.
2.5 When You submit the Order to Us or accept Our quotation (whether by email, telephone or otherwise), this does not mean that We have accepted Your Order for the Products. Our acceptance of Your Order shall not take place until We issue You with written acceptance of the Order ("Order Confirmation") or deliver the Products, whichever occurs first.
2.6 These Terms apply to all Our sales and any variation to these Terms and any representations about the Products shall have no effect unless expressly agreed in writing and signed by one of Our authorised representatives.
3. DESCRIPTION & MATERIAL
3.1 The quantity and description of the Products shall be as set out in the Company's quotation and Order Confirmation.
3.2 Any samples, drawings, images, descriptive matter, or advertising produced by Us and any descriptions or illustrations contained in Our catalogues, website or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.
3.3 The images of the Products are for illustrative purposes only. Although We have made every effort to display the colours accurately, we cannot guarantee that Your computer's display of the colours will accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.4 Although We have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated in Our Literature or elsewhere are approximate.
3.5 Due to the nature of the Wood Floor Products, We cannot guarantee:
(a) the moisture content of the Wood Floor Products, which will vary from batch to batch;
(b) the profiles of tongue and groove, which will vary from batch to batch;
(c) the colour and consistency of the Products, which may vary from any samples and change as a result of the passage of time.
3.6. In the event that we do not have the exact product, We are entitled to supply an alternative Product to match as closely as possible to the Products that You have ordered. We will provide You with reasonable notice as soon as this becomes apparent and You will have the option to accept the alternate Product or cancel Your Order.
3.7 You and/or the Wood Floor Product installer shall be responsible for determining whether the Products are fit for purpose where they are to be used for a particular or special purpose and whether they are suitable for the intended Installation Location and You agree, acknowledge and accept that, We are a supplier of the Products only and nothing is to be taken as a warranty, representation or otherwise that We have provided any design advice or installation instruction upon which You are entitled to place any reliance.
3.8 We are not responsible for installing the Products and subject to clause 13.9, We shall have no liability for any damage to the Products or any other property, person or otherwise caused during the installation of the Products.
3.9 You shall be responsible for ensuring that the Products are fully and properly maintained, including but not limited to:
(a) By ensuring that the Products are maintained in the correct ambient conditions (temperature, humidity levels etc)
(b) By ensuring that Ecohardwood Products are adequately protected against damage (including but not limited to scratches, dents and scuff marks) including but not limited to by adequate protection underneath furniture and appropriate use of entrance door matting in accordance with Ecohardwood guidance and instructions provided.
4. PERFORMANCE AND DELIVERY
4.1 We shall deliver the Products to the address that You have provided Us with in Your Order, or such other location as We shall agree in writing ("Delivery Location") provided always that We are permitted to do so by law.
4.2. Delivery term
(a) We hold extensive quantities of stock available on a 1 - 4 working days delivery anywhere within mainland UK. The delivery term of 1-4 working days we estimate starting of payment receiving date.
(b) Non – stock orders (made to order) have individual lead times. Please check with the Company before placing the order.
(c) The Company always supplies items to the nearest available quantity, but due to differences in pack and planks sizes, it might be that some extra is supplied and charged for.
(d) The Order shall be accompanied by a delivery note from Us showing the date of the Order, the type and quantity of Products included in the Order.
(e) Once the Products have been installed, they are deemed to be accepted. After acceptance You shall not be entitled to reject the Products which are not in accordance with the Contract.
4.3. Time of delivery
(a) Deliveries will be made Monday to Friday between 9 AM and 5 PM. All goods will be delivered in the standard delivery time slot, unless stated otherwise. If it is possible, we always try to accommodate and confirm the best delivery date with a customer. However, if the date of choice is not available, we will arrange a different date with the client.
(b) Any delivery date or delivery time is for guidance only and we shall not be responsible for any costs incurred by the consumer in the event of late delivery and if the item is unavailable.
4.4. Delivery place and place access
Delivery promises are based on the assumption that there is an unobstructed good hard road giving adequate access by lorry to the delivery address and storage space. The Company can refuse delivery to site if it is deemed dangerous to the driver.
4.5. Delivery cost
London and Greater London deliveries are made by us keeping delivery costs low. Delivery charges start from £40 + VAT depending on the address. Please contact us for a quote.
We also offer a Warehouse Collection option. By choosing this, the customer has to pick up the order from our warehouse located at Nationwide Storage, 420 Western Avenue, W3 0TE, London.
If you have any further questions, please feel free to contact our team: Phone: 020 3759 0771, Email: firstname.lastname@example.org
(a) Adequate labour must be provided by the customer for unloading.
(b) All supply only goods are delivered to curb side only, unless stated otherwise.
(c) The delivery vehicles used by us do not have cranes or forklifts. It is the consumer's responsibility to provide offloading equipment to facilitate offloading for deliveries of heavy single items
(d) The Company has no responsibility or liability for the unloading of goods on site and for the storage and security of such goods.
5. UNDELIVERED GOODS
5.1 The Company cannot be held responsible for non-delivery caused by:
(a) The customer absence or he/she fail to provide Us with the correct delivery address or any other relevant instructions.
(b) The failure or delay has been caused by an Event Outside Our Control.
5.2 If a Customer cannot accept the goods on the due date, he/she has to notify the Company no later than 3 working days prior delivery date.
5.4 If a delivery is refused or nobody accepts the order or part of it, re-delivery will be charged at twice the initial amount. The Company keeps the right to charge storage fees for any ordered/paid goods, which are stored in our warehouse awaiting delivery confirmation or collection.
5.5. Risk in the goods shall pass to the Customer when the Customer or its agent takes delivery of the goods.
5.6. If the customer fails to accept delivery of the Products within four weeks of the date of Deemed Delivery We may re-sell or otherwise dispose of the Products (or any part of them) to any third party.
5.7 Subject to clause 4.1 (d). If We fail to deliver any or all of the Products ("Undelivered Products"), Our liability shall be limited, to one of the following:
(a) replacing the Products within a reasonable amount of time; or
(b) issuing a credit note against the invoice raised for the Undelivered Products; or
(c) where You have paid in advance for the Undelivered Products, We may choose to reimburse You for the price of the Undelivered Products.
6. INTERNATIONAL DELIVERY
6.1 We deliver to countries outside of the United Kingdom ("International Delivery Location"). However, there are restrictions on some Products for certain countries, so please contact Us before ordering Products to check whether We are able to deliver to Your preferred country or location.
6.2 If You order Products for delivery to an International Delivery Location, Your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict their amount.
6.3 You will be responsible for payment of any such import duties and taxes. Please contact Your local customs office for further information before placing Your Order.
6.4 You must comply with all applicable laws and regulations of the International Delivery Location. We will not be liable or responsible if You break any such law.
7.1 In the event of You becoming bankrupt or a business goes into liquidation other than for the purpose of a scheme of reconstruction or amalgamation or carrying on its business under an administrator, receiver, manager or liquidator for the benefit of its creditors or any of them We may by notice in writing terminate the Contract forthwith.
7.2 In event of termination under this contract We shall be entitled to be paid all outstanding sums in respect of products delivered to You as at the date of termination, together with any expenditure reasonably incurred by Us in the expectation of the performance of or in consequence of the termination of the contract and loss of profit on the Contract including the difference between the total price to be paid on termination and the contract price. All outstanding sums in respect of Products delivered to You shall become immediately due.
8. RISK & TITLE
8.1 You do not own the Products until We have received payment in full (in cash or cleared funds) for the Products and all other sums that are due to Us from You.
8.2 The Products will be Your responsibility from the arrival of the Products at the delivery location (for the avoidance of doubt, prior to unloading) or Deemed Delivery.
9. CLAIMS, SPECIAL CONDITIONS, & DISPUTE RESOLUTION
This clause 9 only applies if You are a Business Customer
9.1 In the event of dispute between You and Us the following will apply: -
(a) You cannot withhold payment from Us whilst the dispute is being resolved, and (b) either party to the Contract can serve notice of a dispute, and (c) unless the dispute is resolved within 7 days from submission of notice of dispute then the complaining party can serve notice of referral.
9.2 Upon receipt of notice of referral either party can apply to the Centre for Dispute Resolution to appoint a mediator to act to resolve the dispute.
9.3 The mediator will give directions on how the matter is to be resolved.
9.4 The decision of the mediator on sums due to either party up to the maximum of the contract value shall be binding on the parties in the interim but either party can pursue the matter through the courts if required.
9.5 We are entitled in full and final settlement to return any deposit paid if it transpires We are unable to source a product due to be supplied under the terms of the Contract. We will use Our reasonable endeavours to source the Products to the best available standard within time constraints.
9.6 Nothing in these Terms shall prevent Us from commencing or continuing court proceedings in relation to any non-payment or late payment of any monies owing to Us by You.
10. PRICES OF PRODUCTS
10.1 The prices of the Products will be as quoted by Us to You in writing, on our Site or as published from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system, provided to You, or published. However, if We discover an error in the price of Products You ordered, please see clause 10.6 for what happens in this event.
10.2 Prices for our Products may change from time to time, and We may, by giving notice to You at any time up to 5 Business Days before Delivery, increase the price of the Product to reflect any increase in the cost of the Products that is due to:
(a) any factor beyond Our control including but not limited to:
(i) foreign exchange fluctuations;
(ii) increases in taxes and duties; and
(iii) increase in labour, material or other manufacturing costs;
(b) any request by You to change the Delivery Date, quantities or types of Products ordered, or any specification in respect of Bespoke Products;
(c) any delay caused by any of Your instructions or Your failure to provide Us with adequate or accurate information or instructions.
10.3 The price of the Products shall be exclusive of any value added tax ("VAT") and all costs or charges in relation to packaging, loading, unloading, carriage and insurance ("Additional Payments"), all of which amount You shall pay in addition when You are due to pay for the Products.
10.4 Where the Products are being delivered to an International Delivery Location, the price of the Products does not include any relevant import duties or taxes ("International Payments"), and You will be responsible for such International Payments in accordance with clause 8.
10.5 The price of the Products does not include delivery charges.
10.6 Our Site and brochures contain a large number of Products. It is always possible that, despite Our reasonable efforts, some of the Products on Our Site and/or brochures may be incorrectly priced. We will normally check prices as part of Our dispatch procedures so that:
(a) where the Products' correct price is less than the price stated on Our Site, as provided to You or as published, We will charge the lower amount when dispatching the Products to You. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mispricing, We do not have to provide the Products to You at the incorrect (lower) price; and
(b) if the Products' correct price is higher than the price stated on Our Site, as provided to You or as published, We will contact You as soon as possible to inform You of this error and We will give You the option of continuing to purchase the Products at the correct price or cancelling Your Order. We will not process Your Order until we have Your instructions. If We are unable to contact You using the contact details You provided during the order process, We will treat the Order as cancelled and notify You in writing.
11.1 You can pay for the Products in cash or by making a direct bank transfer into Our account.
11.2 Except as otherwise agreed by Us in writing, payment for the Product and all applicable delivery charges, Additional Payment and International Payment must be made at the time You place Your Order for the Products or paid in full prior to delivery or collection. We will not dispatch the Products for Delivery or collection until We have received Your payment in full and cleared funds.
11.3. Where Your Order includes any Bespoke Products, a non-refundable payment of 50% (fifty per cent) of the price of the Bespoke Products must be made at the time You place Your Order. We will invoice You for the balance at any time after You place the Order, and except as otherwise agreed by Us in writing payment must be made to Us in full and cleared funds within seven days of the date of the invoice and in any event prior to Delivery or collection of the Products.
11.4 Where You have ordered Bespoke Products, any deposit paid by You shall be non-returnable in the event that You fail, for whatever reason, to collect or take delivery of such Products within a period of four weeks from the Delivery Date.
12. RIGHT OF RETURN AND REFUND
12.1 If You are a consumer, subject to clause 12.2, You have a legal right to cancel a Contract under the Consumer Contracts Regulations 2014 during the period set out below in clause 12.3. This means that during the relevant period if You change Your mind or for any other reason You decide You do not want to keep the Products, You can notify Us of Your decision to cancel the Contract and receive a refund.
12.2 Unfortunately, as the Bespoke Products are made to Your requirements, You will not be able to cancel Your Order in accordance with this clause 12 or otherwise (but this will not affect your legal rights as a Consumer in relation to Bespoke Products that are faulty or not as described).
12.3 If you are a consumer, Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between Us is formed. If the Products have already been delivered to You, You have a period of 7 (seven) Business Days in which You may cancel, starting from the day after the day You receive the Products.
12.4 To cancel a Contract, contact us by email at email@example.com. Telephone cancellations must also be confirmed in writing. You may wish to keep a copy of Your cancellation notification for Your own records. If You send Us Your cancellation notice by email or by post, then Your cancellation is effective from the date We receive it from You. If you call Us to notify Us of Your cancellation, then Your cancellation is effective from the date You telephone Us.
12.5 You will receive a full refund of the price You paid for the Products but not any applicable delivery charges You paid and an administration charge of £20 + VAT will be applied. We will process the refund due to You as soon as possible and, in any case, within 30 calendar days of the day on which You gave us notice of cancellation as described in clause 12.4. If You returned the Products to Us because they were faulty or mis-described, please see clause 12.6.
12.6 If You have returned the Products to Us under this clause 12 because they are faulty or mis-described. We will refund the price of defective Products in full, any applicable delivery charges, and any reasonable costs You incur in returning the item to Us.
12.7 We will refund You by the same method You made the payment to Us to pay for the Products, or bank transfer. If you have a credit with us, we will issue you with a credit note.
12.8 If the Products were delivered to You:
(a) You must return the Products to Us as soon as reasonably practicable. If the Products require collection, We will collect the Products from the address to which they were delivered. We will contact You to arrange a suitable time for collection;
(b) unless the Products are faulty or not as described (in this case, see clause 12.4), You will be responsible for the cost of returning the Products to Us or where relevant, the cost of Us collecting the Products from You ;
(c) You have a legal obligation to keep the Products in Your possession and to take reasonable care of the Products while they are in Your possession. They must be stored in the correct ambient conditions.
12.9 As a consumer, You will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 14 or these Terms.
12.10 If you are a Business, when the Products are returned to us a 10% restocking charge may be applicable on all stock item. Products, at the Directors discretion. Any such products must be in the condition they were supplied to You in.
13.1 Ecohardwood Oak flooring is covered by a limited 10-year residential warranty against manufacturing defects. No warranty is provided for products installed in any form for commercial use or for any commercial environment.
13.2 Ecohardwood Limited (company number 08234374) guarantees the customer a period of 10 years from the moment the purchaser is invoiced and is not transferable.
This warranty shall only extend to defects as a direct result of faulty manufacture and not to any other defects or faults.
13.3 This warranty shall only apply if Ecohardwood floors are:
(a) installed in accordance with our installation instructions
(b) cleaned and maintained in accordance with our instructions
(c) used under normal conditions
13.4 NO WARRANTY WILL BE OFFERED FOR APPEARANCE RELATED CLAIMS ONCE THE PRODUCT IS INSTALLED. The nominated party “owner, installer or representative” takes ownership and has final responsibility to ensure that they have received the correct species, finish and grade that was selected in store / during client meeting and without any visual defects. It is essential to submit claims before installation. The manufacturer shall not be liable for floor planks with defects that have been installed. It shall also not be liable for defects arising from: improper storage of floor planks, use and /or installation of floors in unsuitable conditions, improper laying of the planks or unsuitable maintenance.
13.5. Ecohardwood Liability:
(a) The defect does not arise as a result of the purchaser’s or any installer’s negligence.
(b) The product has not been previously installed in another location.
(c)The repair has not been undertaken by anyone other than Ecohardwood or authorized representatives of Ecohardwood.
(d)The product is not subject to misuse, abuse, or failure to properly check or install. An Ecohardwood representative must act reasonably while validating the claim under the warranty. This warranty does not form part of any contract of sale, but is not intended to affect, or otherwise, replace, rights and obligations conferred by any contract of sales, or by Common Law. Where the purchaser is a consumer, the purchaser has certain statutory rights regarding the return of defective products, claims in respect of losses caused by Ecohardwood negligence or faulty product, and this warranty shall not affect the purchaser’s statutory rights.
(e) Ecohardwood’s liability under this warranty is limited to the repair or replacement of the products or refund of all or part of the value of the products.
(f) Under this WARRANTY the Manufacturers of ECOHARDWOOD products liability excludes any consequential or incidental occurrences that may arise from any claim and is strictly limited to the replacement of the affected flooring. By this we mean we will not pay for any loss, expense, inconvenience or damage other than to the affected wood floor itself. That means ECOHARDWOOD will refinish, repair or replace product(s) of similar colour, pattern and quality. In the unlikely event that we are unable to refinish, repair or replace product(s), we will refund the portion of failed product(s). This warranty does not include the removal or replacement of furniture, cabinets, fixtures or supplemental costs, including but not limited to relocation during the repair process such as hotel, meals, or moving and storage of furniture. If the replacement or repair fails in the same manner a second time, the site conditions will be deemed unacceptable for the installation of our product(s). These are the exclusive remedies under this limited warranty if a defect or another warranted condition occurs. ECOHARDWOOD reserves the right to verify any claims or defects by inspection and have samples removed for technical analysis.
13.6 IF YOU ARE A CONSUMER
(a) If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by You and Us at the time We entered into the Contract.
(b) We only supply the Products to You for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
CLAUSES 13.7 TO 13.11 APPLIES TO BOTH CONSUMER AND BUSINESS CUSTOMERS
13.7 We have no liability to You for any loss or damage You suffer that arises as a result of Us following any drawing, design, instruction or specification provided by You for Bespoke Products or otherwise.
13.8 Nothing in these Terms limit or exclude Our liability for:
(a) death or personal injury caused by Our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 10 of the Sale of Goods Act 1979 (title and quiet possession); or (d) defective products under the Consumer Protection Act 1987.
13.9. Subject to clause 13.8, we will under no circumstances whatsoever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.10 Subject to clause 13.8 and clause 13.9 Our liability to You in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed three times the price of the Products to which the liability relates.
13.11 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or unincorporated in these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Products are suitable for Your purposes, where the Products are to be used for a purpose other than the purpose for which they are commonly supplied.
14. WARRANTY DISCLAIMERS & EXCLUSIONS
14.1 Ecohardwood promises to investigate each complaint on individual merit. Provided that the complaint is solely attributable to a manufacturing fault and the correct fitting instructions and maintenance of the boards have been fully adhered to.
14.2 Colour variations in flooring are a natural occurrence due to species, age, character of flooring and exposure to UV light or sunlight. For these reasons, new and/or replacement flooring may not match display samples and/or existing flooring.
14.3 Natural wood characteristics such as variations in grain, colour, mineral streaks, knots, normal differences between colour of samples and the colour of installed ﬂoors, and colour variations from board to board are not considered defects.
14.4 Changes in colour due to aging, excessive moisture, exposure to sunlight or Ultra Violet rays (which may cause oxidation of ﬁnish/stain) are not considered a defect. Engineered hardwood is a natural product as seen in its colour and structural variations. Colours or shades will change depending on the age of wood and surface gloss phase. Over time, the colour of wood naturally changes when exposed to light. While direct sunlight causes the greatest amount of change, even the lightning in a home can affect the colour of the wood. Depending on the intensity in which the ﬂoor is exposed to the sun, lighter wood turns darker, while darker wood typically becomes lighter (especially during the ﬁrst 3-4 months). Area rugs should be occasionally rotated, as they block sunlight and may give the appearance of discoloration under the rug. No thermal blocking carpets are allowed on the ﬂoor.
14.5 Colour, shade, or texture variations between samples, printed colour photography or replacement ﬂooring and the actual material, as well as colour variations between product(s) and/or samples and other ﬂooring or wood products, which you wish to match (e.g., cabinets, stair railings, trim, etc.) are not considered defects.
14.6. Your flooring requires maintenance. Please follow the instructions that are recommended by Ecohardwood
14.7. The ingress of sand and or dust on to the floor should be prevented by installing a suitable mat by the entrance door(s).
14.8 Liability arising from this WARRANTY is restricted to hidden defects. These are defects that were not visible before or during the installation of the floor.
14.9 The WARRANTY can only be invoked if the surface wear layer area damaged for each board is greater than 1 sq.cm. Oil wear is not classed as surface damage as this represents additional protection and is subject to correct maintenance practices / periodic re-application.
14.10 The surface wear layer represents additional protection to the timber and is not a structural element therefore subject to a 12mth WARRANTY
14.11 Ecohardwood reserves the right and must be offered the opportunity to inspect the complaint and, where applicable, to inspect the floor in its installed condition.
14.12 This WARRANTY is on a sliding scale. When it is applied, account must be taken of a fractional reduction in value caused by wear and tear of 1 part per year. i.e. a 10-year WARRANTY = 10 parts.
14.13 These limited warranties do not cover conditions caused due to incorrect installations, done in a way that is contrary to the ECOHARDWOOD installation instructions.
14.14 These limited warranties do not cover conditions caused by improper use, or maintenance, such as:
Reduction in gloss, marks, scuffs, scratches, gouges, dents or cuts, including, without limitation, those caused by pets. A doormat must be placed by the entrance door to prevent dirt and sand damage to product(s).
- Damage caused by negligence, accidents, misuse, or abuse (i.e. dragging objects across the ﬂoor without proper protection or damage from impact of falling objects).
- Wear caused by pebbles, sand or other abrasives, construction trafﬁc, or failure to maintain the ﬂoor as required (please, see our Maintenance Guidelines).
- Damage caused by caster wheels or vacuum cleaner beater bars.
- Failure to support furniture legs with the felt patches.
- A stiletto heal can concentrate as much as 2,000 pounds per square inch on the floor. Walking on any wood surface with stiletto heels will cause indentations which are not covered by the WARRANTY.
- Splits, cracks, grain raising, checking, edge fracturing, splintering or chipping that occurs after the product(s) has been installed and as a result of abuse, misuse, improper maintenance or care, exposure to excessive moisture or improper environmental conditions (i.e. low or high humidity) are not covered by these limited warranties. The use of a humidiﬁer/dehumidiﬁer may be necessary to maintain the proper humidity level between 40%-60%. The average temperature must be between +18° and +24°C. Expansion and contraction of product(s) caused by low or excessive humidity with the changing of the seasons is normal and may have a cupping effect that is not covered by these warranties. Small cracks or damages that develop from improper humidiﬁcation or dehumidiﬁcation, improper moisture control, and excessive drying are not covered by these warranties. If under ﬂoor heating is used, the maximum daily temperature increase should be 2-3°C per day. Maximum ﬂoor surface temperature may not exceed +24°c and room temperature + 27°C.
- Damage caused by ﬁre, ﬂooding, and other natural disasters such as earthquake(s) and Acts of God.
- Normal wearing of the ﬁnish in high trafﬁc areas, pivot-points and seating areas.
- Deﬁciencies related to subﬂoor/ﬂoor joist assemblies, subﬂoor preparation materials including, but not limited to, uneven subﬂoor surfaces, ﬂoor deﬂection or voids in the subﬂoor. The subﬂoor is the responsibility of the Owner. Failure of our product(s) relating to the subﬂoor, in any manner, is not the responsibility of Ecohardwood and is not covered by these warranties;
- Noises including, but not limited to, squeaks, popping, etc.
- A product(s) deformity that is not measurable or that is visible only under certain light or from a certain angle is not considered a defect and is therefore not covered by these warranties. Visible defects should be evaluated by their visibility from a standing position in normal lighting.
- Floors damaged by subﬂoor moisture or water damage, including without limitation, due to broken or leaking water pipes, ﬂooding, wet-mopping spills or weather conditions. Any water must be removed from product(s) as soon as possible.
- Insect’s infestation after installation.
- Damage resulting from an application of ﬁnishes other than recommended by Ecohardwood, including reﬁnishing or recoating.
Should you feel that you have to make a claim, you should contact your retailer/Ecohardwood as soon as the complaint is noticed. A proof of purchase is necessary to process your claim quickly and efficiently.
15. ACCEPTANCE AND DEFECTIVE PRODUCTS
15.1. The consumer must examine all goods on delivery in case any damage has occurred in transit. The driver should be notified immediately of any problems and the delivery note should be signed accordingly.
15.2. If, in exceptional circumstances, the consumer is unable to fully check the goods at the time of delivery, the company must be informed as soon as possible. It may be possible to grant a 24-hour extension of this time to notify the trader of any issues.
15.3. The Company cannot guarantee to replace or repair items which have been signed for in good condition or 'unchecked' and are later found to be damaged. This does not affect the consumer’s statutory rights.
15.4. The company will not accept any liability for any goods that have been repaired before the company has been given the opportunity to inspect them or to give authority for repair work to be carried out or in cases where non company components have been used.
15.5. Where the consumer has used or installed the goods then such use or installation shall be taken as conclusive evidence that the consumer has accepted the goods are in perfect condition. The consumer is responsible for checking that the goods are suitable for purpose and that installation conditions are correct.
15.6. If goods have been delivered in a damaged state and the customer feels the situation cannot be improved by authorising another delivery, we reserve the right to refund the consumer in full for the order and cancel the order.
16.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.
16.2 If You are a Business Customer, You shall not be entitled to assign Your rights or obligations under the Contract or any part of it without Our prior written consent.
17. FORCE MAJEURE
17.1. Neither party shall be liable for any default due to any act of God, war, strikes, lock outs, riots, accidents, fire, break-down of plant, machinery or shortage or unavailability of raw materials from a natural source of supply.
17.2. The company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the goods by normal routes or means of delivery through circumstances beyond its control.
18.1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control and the party shall be entitled to a reasonable extension of its obligations.
18.2. These terms and conditions are subject to change at any time without prior notice. In addition to the above, the company retains title to all goods until payment is received in full. Goods that are unpaid for can be collected/removed from any location if deemed necessary. The company retains the right to accept orders and payments if stocks have temporarily expired, fulfilling the order upon stock replenishment. If an item is out of stock the customer will be contacted whereupon if the waiting time is viewed as too long by either party a full refund and order cancellation can be effected. The trader retains the right to cancel any order by notifying the consumer by email without detailed disclosure.
18.3. The company will accept no responsibility for subsequent theft of any goods once delivered to an agreed location, the consumer must make necessary arrangements to avoid this possibility.
19. OTHER IMPORTANT TERMS
19.1 This Contract is between You and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.3 These Terms are governed by English law. You and We both agree to that the courts of England and Wales will have exclusive jurisdiction.
20. CONTACT US
If you have any questions about the terms and conditions set out herein, please write to us by email to firstname.lastname@example.org or by post to Ecohardwood Ltd, 191 Field End Road, Pinner, HA5 1QR, UK