Terms and Conditions
Terms and Conditions (Updated 18/07/12)
Welcome to CG Flooring Systems Ltd website terms and conditions. This website is operated by:
CG Flooring Systems,
Company Registered Number: 3989136,
VAT Number: 746564405,
Dene House, North Road, Kirkburton, HD8 0RW
Using this website indicates that YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. If you do not accept these terms, do not use this website.
You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) No documents or related graphics on this Website are modified in any way;
(b) No graphics on this Website are used separately from accompanying text; and
(c) Any of our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the allowances above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
Subject to clause the allowances made above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. VISITOR MATERIAL AND CONDUCT
You are prohibited from posting or transmitting to or from this Website any material:
(a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) For which you have not obtained all necessary licences and/or approvals;
(c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these terms.
5. LINKING POLICY
Certain hyper text links in this website will take you to websites that are not under the control of CG Flooring Systems Ltd when you activate any of these or click on any links, you will leave our website. CG Flooring Systems Ltd has no control over and will accept no responsibility for any statements, information, material, products or services that are published on or are accessible through any other websites owned or operated by third parties.
We will not accept any responsibility or liability for websites we frame and we recommend that you review the websites terms and conditions that are applicable to the third party website.
The fact that we include links to other websites does not mean that we approve of or endorse any other third party websites or the content of that website.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the CG Flooring Systems logo or Group company logos;
(b) You do not create a frame or any other browser or border environment around this Website;
(c) You do not in any way imply that we are endorsing any products or services other than our own;
(d) You do not misrepresent your relationship with us nor present any other false information about us;
(e) You do not otherwise use any CG Flooring Systems or Group company trade marks displayed on this Website without our express written permission;
(f) You do not link from a website that is not owned by you; and
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate.
You shall fully indemnify us for any loss or damage we, or any of our group companies may suffer or incur as a result of your breach of these terms.
6. INTELLECTUAL PROPERTY
The logo of CG Flooring Systems Ltd is a registered trade mark and unauthorised use of the logo may constitute a breach of that mark. The name of the logo CG Flooring Systems Ltd may not be used in advertising or publicity pertaining to distribution of the information contained in this website without prior written permission of CG Flooring Systems Ltd.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for:
(a) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(c) Misrepresentation as to a fundamental matter; or
(d) Any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you or your use of this Website.
9. SALES CONTRACT TERMS
9.1 Terms and Conditions
These terms and conditions set out the basis on which you can use our website and place orders for products from CG Flooring Systems website. In these conditions "CG Flooring Systems" means CG Flooring Systems Ltd and "the customer" means the person or company to whom CG Flooring Systems has agreed to supply goods under this contract.
These conditions contain the entire terms of this contract between CG Flooring Systems and the customer. Any stipulation or conditions in a customer's order or enquiry form which would conflict with any of our terms and conditions or in any way qualify or negate the same, shall be deemed to be inapplicable to any order placed with us unless expressly agreed to by us in writing and signed by a director of CG Flooring Systems.
(a) Goods are sold by CG Flooring Systems to the customer at the price specified herein. (b) In the absence thereof the price payable by the customer to CG Flooring Systems shall be that specified in the current published price list of CG Flooring Systems at the time of acceptance of the customer's order by CG Flooring Systems, whether or not the customer has received a copy of such list.
9.3No servant, employee, contractor or agent of CG Flooring Systems has power unless agreed to by a director of CG Flooring Systems in writing:
(a) to vary these conditions orally or in writing.
(b) to make any representations or warranties regarding the conditions of goods, their fitness for purpose or any other matter whatsoever.
9.4 No warranty, condition, description or representation on the part of CG Flooring Systems is given or implied by this agreement, nor is any warranty, condition, description or representation to be taken to have been given or implied from anything said or written in the negotiations between the parties or their representatives prior to this agreement, and any statutory or other warranty, condition or description expressed or implied as to the state, quality or fitness of the goods subject to this agreement is hereby expressly excluded. In particular, but without prejudice to the generality of the foregoing. CG Flooring Systems does not warrant the fitness for purpose of any of its products even though that purpose be made known by the customer and no warranty or condition may be implied from the name or description of a product. Products may vary slightly from those depicted or described, and specification or prices may change at any time without prior notice. Any picture and colour charts should not be deemed accurate in terms of colour due to technological differences/limitations. Where samples have been sent to the customer it will be considered that they have been tested to the customer's specification for the purposes to which they are to be put.
9.5(a) Any time or date named by CG Flooring Systems for delivery is given and intended as an estimate only and CG Flooring Systems shall not be liable to make good any damage or loss whether arising directly or indirectly out of the delay in delivery.
(b) Where a period is named for delivery and such period is not extended by mutual consent in writing or under the provisions of clause (c) hereof, the customer shall take delivery within that period.
(c) Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of either CG Flooring Systems or the customer during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident or any cause whatsoever beyond the control of CG Flooring Systems or the customer respectively.
(d) In the event of an outbreak of hostilities (whether war is declared or not) in which the United Kingdom is involved, or in the event of National Emergency, or if CG Flooring Systems’ works should become either directly or indirectly so engaged on Government orders or orders under priority directions as to prevent or delay work on other orders, CG Flooring Systems shall be entitled at any time, on notice to the customer, to make partial deliveries only or to determine the contract, without prejudice in any case to rights accrued in respect of deliveries already made.
(e) Unless otherwise agreed in writing between CG Flooring Systems and the customer all goods supplied by CG Flooring Systems are on an ex-works basis.
(f) No claim for damage in transit, shortage of delivery, or loss of goods will be entertained by CG Flooring Systems, unless in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier concerned and to CG Flooring Systems at the time of delivery and CG Flooring Systems receives a complete claim in writing at its head office within three days of delivery, and in the case of loss of goods, CG Flooring Systems and the carrier concerned receive, in the case of CG Flooring Systems at its head office, a complete claim in writing made within fifteen days from date of despatch.
9.6 Cancellation of order
Once an official order has been received either verbally or in writing, a contract is deemed to have been entered into between CG Flooring Systems and the customer. Cancellation of the contract will be at the discretion of CG Flooring Systems. A cancellation will not be accepted in any circumstances where a product has been specially made to fill the order.
9.7 Return of goods
It is our general policy not to accept return of goods. In exceptional circumstances standard products may be returned to us within 14 days of date of delivery provided that the customer has written agreement from CG Flooring Systems to such a return. No claims will be entertained for returns outside this period. Goods are to be returned at the customer’s expense to the original source of supply as specified by CG Flooring Systems and a re-stocking charge of 20% will be made for goods that are of merchantable quality as determined by CG Flooring Systems. Not all goods may be accepted back into stock for credit.
9.8 Defective goods
(a) Goods represented by the customer to be defective shall not form the subject of any claim for work done by the customer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to CG Flooring Systems and accepted by them as defective, will at the request of the customer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
(a) Payment for goods supplied shall be made in accordance with the terms referred to on the face of the invoice.
(b) The customer shall pay interest on overdue accounts at the rate of 4% above Lloyds bank base rate accruing daily.
(c) Payment for transactions by credit card are deducted at time of purchase.
9.10 Risk and Title
(a) Risk in the products supplied shall pass to the customer when CG Flooring Systems provides the products to the CG Flooring Systems carrier for delivery to the customer, or where applicable when the customer or its nominated carrier collect the products from CG Flooring Systems’ premises.
(b) Save where the products are collected by the customer or its nominated carrier, CG Flooring Systems will ensure that the products are insured to their replacement value against loss or damage while in transit with the CG Flooring Systems carrier.
(c) The customer's right to possession of the products shall end immediately if it: (i) makes any arrangement with its creditors or otherwise takes the benefit of any statutory provision for the relief of insolvent debtors, or convenes a meeting of creditors, or enters into liquidation, or has a receiver and/or manager, administrator or administrative receiver appointed, or documents are filed for the appointment of an administrator of the customer or notice of intention to appoint an administrator is given by any entitled person or a resolution is passed or a petition presented to a court to wind-up the customer or for the grant of an administration order or any insolvency proceedings are commenced relating to the customer; (ii) suffers or allows any execution to be levied on its property or obtained against it or breaches any of its obligations under any contract or any other contract with CG Flooring Systems or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or ceases to trade; or (iii) encumbers or in any way changes any of the products.
9.11If the customer shall make any default in or commit any breach of his obligations to CG Flooring Systems or if any distress or execution shall be levied upon the customer his property or assets or if he (the customer) shall make, or offer to make, any arrangements or composition with creditors or commit any Act of Bankruptcy, or if any Petition or Receiving Order in Bankruptcy shall be presented or made against him, or if the customer shall be a limited company and any Resolution to wind up such company's business shall be passed or presented otherwise than for reconstruction or amalgamation or if a Receiver of such company's undertaking property or assets or any part thereof shall be appointed CG Flooring Systems shall have the right forthwith to determine any order then subsisting and upon written notice of such determination being posted by it to the customer's address for service specified herein any subsisting order shall have been deemed to have been determined without prejudice to any claim or right CG Flooring Systems or might otherwise make or exercise.
9.12Orders are accepted subject to CG Flooring Systems receiving any necessary licence to purchase or use the required raw materials and to CG Flooring Systems being able to obtain such raw materials.
9.13 The head office of CG Flooring Systems referred to in this contract is Dene House, North Road, Kirkburton, Huddersfield, HD8 0RW which is the address for service by the customer for all notices and other communications under or in connection with this contract.
10. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.