Terms & Conditions
Herein are the terms and conditions on which we supply our customers. On placing an order with us our customers our bound by these terms and conditions. If you believe there is a mistake with these terms and conditions, please contact us.
1. How to contact us
1.1 We are Continental Wood Flooring Ltd. a bespoke flooring company registered in England and Wales. Our company registration number is 11671220 and our address is 34, Saundby Close, Bessacarr, Doncaster.
1.2 You may contact us via our customer service team at telephone number 01302-315008 or by writing to us at 34, Saundby Close, Bessacarr, Doncaster, DN4 7DE.
1.3 In case we need to contact you we will do so by telephone or at the email address or postal address provided to us by you in your order.
1.4 "Writing" also covers correspondence by email.
2. Our contract with customers
2.1 Acceptance of your order is deemed to occur when we write to you or email you signalling our acceptance of it, typically through sending you an invoice for the deposit. At this moment a contract will be established between you and us. A deposit of 60% of the ex VAT order amount is requested to for it to be deemed that you have confirmed the order. The remainder must be paid in full by the customer before delivery of the order. The contract between the two parties will be solely in reference to our Technical Product Details. This document states the details of the product and normal variations to be tolerated. Please ensure you have read and understood the relevant Technical Product Details and contact us in writing, normally by email, in case of questions thereof.
2.2 If your order cannot be accepted by us, we will let you know and will not charge you for the product in question. Reasons for this may include that the product is no longer stocked by us, identification of an error in the pricing or product description, or that we are not able to meet a delivery deadline requested by you.
2.3 Your order will be assigned an order number and we will inform you of this on acceptance of your order.
2.4 We sell exclusively to the UK and Northern Ireland. Our website is solely for the selling of our products in the UK and Northern Ireland.
2.5 After acceptance of the order, the consumer shall not be entitled to reject the goods which are are in conformity with the contract, other than in accordance with those rights specified under statutory law.
3 Our products
3.1 Since wood is a natural product no two pieces are identical. and, as such, natural variations will be observed in colour, grain and knotting. Such variations are not defects but are inherent in the product you purchase,
3.2 Follow our Storage Fitting and Maintenance Instructions. Because wood is a natural product it is very important not to expose it to excessive moisture or heat or to excessive variations in moisture or heat. If you do not follow our instructions on storage fitting and maintenance then this could have dire consequences for any floor that you lay using our products and we will not be responsible for this. Specifically the following must be respected when laying and maintaining the floor:
i) Before laying the floor it must be stored in the area in which the floor will be laid for a minimum of 48 hours. For installation on underfloor heating systems please request specific advice from us before laying.
ii) It is strongly recommended that an experienced floor layer installs the floor. The floor must be installed in accordance with generally accepted rules on laying wood flooring, and ambient humidity levels and humidity levels of the support onto which the wood flooring is to be laid must be maintained at appropriate levels during the installation process and thereafter, If in any doubt, please contact us for further information. The floor must not be installed on unsuitable supports for such wood flooring.
iv) The product must be installed with the products recommended by the seller such as glues, underlay, varnishes, oils and waxes and any other installation product or finish
v) It must not be maintained with products unfit for use for the purpose of the floor, or be subject to unusual use : shocks, scrapes, moving of heavy objects etc.
In no case should products be installed where defects are apparent on installation. No claim, under such conditions, will be accepted. INSTALLED PRODUCT=ACCEPTED PRODUCT.
3.3 Images of products on our website are for indicative purposes only. Every effort is made to display the products accurately with their true colours however we cannot guarantee that a device's display of the colours or printed pictures accurately reflect the colour of the products. Your product may vary slightly from those images and the physical appearance of any product will inevitably change according to changes in natural and artificial lighting.
3.4 You are responsible for ensuring that any measurements provided to us by you are correct..
4. Changes to the order
4.1 In the event you wish to change the product ordered please contact us. We will inform you if any change to your order is possible. If so, we will inform you of any changes to the price, the delivery dates, or anything else which may be necessary due to your requested change and request your confirmation as to whether you wish to proceed with the change.
5. Provision of the products
5.1 The costs of delivery will be as quoted in the order. Free delivery offers apply only to deliveries within mainland UK and can also exclude some areas of Scotland. We use numerous ways of delivering the goods. This may include the use of our own vehicle/s and the use of independent couriers.
5.2 When the order is placed we will inform you of an approximate delivery date and time.
5.3 Our products may be delivered in packages exceeding 2 metres in length and in excess of 20 kg each. Since you cannot rely on the delivery driver to carry these packages for you, you should therefore ensure that you have the necessary assistance to move the goods safely to your designated storage area. All timber orders will be delivered to the roadside at the nearest point of access to the delivery address, and we or our independent courier used, will not be responsible for further movement of the goods
5.4 We are not responsible for delays beyond our control. If our delivery of the products is delayed by such an event beyond our control then we will contact you at the earliest opportunity to inform you and we will attempt to minimise the effect of the delay where possible. As long as we do so, we will not be liable for delays caused by such an event. However, in the event there is a risk of substantial delay you may contact us to cancel the contract and receive a refund for any products you have paid for but not received.
5.5 If no one is available at the delivery address specified to take delivery at the arranged date and time period, we will inform you of how to rearrange delivery at your cost.
5.6. Any delivery date or delivery time is for guidance only and we shall not be responsible for any costs incurred by you in the event of late delivery.
5.7. Any re-delivery charges incurred as a result of not informing us of access restrictions to the delivery address will be borne by you.
5.8 If after a failed delivery to your specified address, you do not re-schedule a delivery we will contact you to attempt to re-arrange the delivery. We may also charge you for any resultant further storage and delivery costs due to the failed delivery. If, in spite of reasonable efforts on our part, we are unable to contact you or re-schedule the delivery we reserve the right to end the contract.
5.9 The product will become your responsibility when the product is delivered to the address you gave us.
5.10 You will take ownership of the products once we have received full payment for the product.
5.11 If the goods are delivered in insufficient quantity or the goods have been damaged, you must note on the delivery document the number of packages missing or damaged, or the object of any claim. You must confirm to us and to the transporter any such concerns within 48 hours following delivery either by recorded delivery post or by email with photo evidence at the point of delivery in the case of damaged items. The products are made with a margin of error of 3% of volumes. Any claims made in relation to the conformity of materials or products, exept those relating to an issue of transportation must be made, with all necessary proof, by recorded delivery or by email within 14 days of delivery.
5.12 The trader 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
6. Your right to cancel the contract
6.1 As per the Consumer Contracts Regulations 2013 you have the right to cancel your order at any time before the goods are dispatched or within 14 days of receiving the goods, providing reasonable care is taken of the goods whilst they are in the your possession. This does not affect you statutory rights as a consumer.
6.2 Should you end the contract for any of reaons 1 to 4, detailed directly below, the contract will end immediately. Moreover, in such cases, we will provide you with a full refund for any products which have not been provided or have not been provided adquately:
(1) we have informed you of a change to the product or these terms which you do not agree to;
(2) we have informed you of an error in the price or product description relating to your order and you therefore no longer wish to proceed;
(3) due to events beyond our control, there is a risk that supply of the products may be significantly delayed;
(4) due to an error on our part, you have a legal right to end the contract.
6.3 If for any reason you wish to cancel your order by returning non-faulty goods please advise us in writing by fax, e-mail or post, within 14 days of receipt. Such returned goods must be in unopened original packaging and in undamaged condition. We will arrange for collection. All returns will be subject to a re-stock charge of 30%, plus return carriage charge. Moreover reasonable delivery costs included in the purchase price may not be refunded. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to send it back to you. All goods will be inspected on return. If goods have been delivered in a damaged state and we feel 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.
6.4 Bespoke products may not be returned, refunded, or exchanged.
8. Our rights to end the contract
8.1 We reserve the right to end the contract for a product at any time by writing to you if:
(1) you fail to make any payment to us when it is due and you have still not made a payment within 7 days of our reminding you that such a payment is outstanding;
(2) you do not allow us to deliver the products to the agreed address
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
8.3. If a product has become unavailable, we shall be relieved of any liability in connection with all such contracts or orders. In no case shall we be obliged to obtain or deliver goods from sources other than those envisaged in the order.
9. If a problem exists with the product
9.1 Should you have any queries or complaints regarding the product, please contact us
9.2 We are bound by law to supply products that are in conformity with these terms and conditions. Nothing mentioned herein will affect your legal rights.
9.3 In the event you exercise your legal rights to reject products you must allow us to collect them from you.
9.4 If the product has been delivered in a damaged state and we feel the situation cannot be improved by authorising another delivery, we reserve the right to refund you in full for the order and cancel the order. We will not accept any liability for any goods that have been repaired before being 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.
9.5. You must examine all goods on delivery for evidence of any damage which may have occurred during transportation. The driver should be informed immediately of any problems and the delivery note should be signed accordingly.
9.6 If, in exceptional circumstances, the consumer is unable to fully check the goods at the time of delivery, we 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.
9.7. We 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.
10. Price and payment
10.1 The price of the product (ex VAT) will be the price set out on our website at the date of your order unless another price has been agreed in writing.
10.2 Should the VAT rate change between your order date and that at which we supply the product, we will adjust the applied rate of VAT that you pay. However, if you have already paid for the product (including delivery costs) in full before the change in the rate of VAT takes effect the rate applied will not change.
10.3 Payment is deemed to be due on presentation of our invoice. and no product will be delivered by us until payment has been made in full.
11. Our responsibility for damage or loss
11.1 We are responsible for any foreseeable loss and damage resulting from our actions. Should we fail to comply with the contract, we accept responsibility for any damage or loss you suffer as a foreseeable result of our breaking of this contract or failure to use reasonable care. However, we are not responsible for damage or loss that is not foreseeable. Damage or loss is foreseeable if either it is clear that it will occur or if, on establishing the contract, both parties knew it could easily happen, e.g., you mentioned it during the sales process.
11.2 In no way do we exclude or limit our liability to you should it be unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights pertaining to the goods including the right to receive goods which are: as described and in accordance with information provided by us to you and of adequate quality; fit for any particular purpose we are informed of by you; and for defective products as per the Consumer Protection Act 1987
11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. Our use of your personal information
12.1 The personal information you provide to us will be used to:
(i) supply the products to your stated delivery address;
(ii) to process your payment for the products ordered; and
(iii) in the event you agreed during the order process, to inform you of other products we provide, although you may stop receiving any such communications at any time by contacting us.
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
13.1 Should the buyer wish to make a claim, the buyer must inform the seller of the existence of the defect in question within one month of their discovery.
13.2 Proof of payment by the buyer will be communicated to the seller in case of a claim made under the guarantee. The guarantee is for 10 years for domestic use. Public use is excluded.
13.3 To make a claim under this guarantee, the customer must prove that the floor was laid by an experienced professional.
If the buyer has the right to receive compensation under a claim, then we will either provide replacement flooring for the area directly affected or, if no longer available, an amount equivalent to its estimated purchase price less an allowance for its age (as per 13.5).
13.4 The following is specifically excluded from the guarantee: damage due to natural disaster or man-made events (such as plumbing leakages); claims for deformations, cracks or shrinkage of the floor due to abnormal ambient/floor humidty levels or temperatures; normal wear and tear; the natural movement of wood and any gaps due to transitions from heating to non-heating seasons; changes in colour due to exposure to sunlight; expenses incurred for the replacement/removal of products such as furniture, electric appliances, associated labour costs.
13.5 It should be applied on a sliding scale basis taking into account the portion of the 10 years already passed at the moment of the claim. As an example, for domestic use, after 2 years, the amount reimbursed would be 80% of the original value ((10 years guarantee - 2 years passed) / 10 years) x 100%).
14.1 If a court finds a particular part of this contract illegal, the remainder will still apply in full force. Each section of these terms is independent.
14.2 If we delay in insisting on you doing anything you are required to do under these terms, or if we delay in taking steps against you due to your breaking of this contract, it may not be interpreted by you that you do not have to do those things or that we have accepted your breaking of this contract. Additionally, it will not prevent us taking action against you later. For example, if you do not make a payment on time and we do not follow-up with you but we continue to provide the products, we can still require you to make the payment at a later date.
14.3 These terms are governed by English law and you can bring legal proceedings concerning these products in the English courts. If you reside in Scotland you may bring legal proceedings in respect of these products in either the Scottish or English courts. If you are resident in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.