Welcome to the Martin Phillips Carpets Website Terms and Conditions for use. These terms and conditions apply to the use of the Website.
By accessing this Website and/or placing an Order, you agree to be bound by these terms and conditions. You can only purchase the Goods from the Website if you are eligible to enter into a Contract and are at least 18 years old.
Using this Website indicates that you accept these terms regardless of whether or not you choose to Order from us. If you do not accept these terms, please do not use this Website.
The www.MartinPhillipsCarpets.co.uk Website is operated by:
Martin Phillips Carpets Limited
9A Portaferry Road
Company number NI037719
Telephone No: +442891818227
These are the steps you need to take to conclude a Contract with us:
This Website contains information about our Goods which you will need to know before you place your Order including descriptions of our Goods, current prices including VAT, delivery and returns policies. The information about the Goods on our Website constitutes an "invitation to treat" and is not a Contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that in no circumstances will we be Contractually bound to supply you with Goods on the basis of any incorrect information, even if that information is repeated in your Order.
You can select any Goods you wish to purchase by clicking on the "Add to basket" or "Order" button. You will be taken to your shopping basket whenever you add a new item, but you can also view the contents of your shopping basket by clicking on the "view basket" link. The shopping basket screen lists your current selection of Goods with description, price and current subtotal. You can edit the contents of your basket and remove any input errors by removing Goods or changing quantities.
To purchase the Goods or Samples in your basket and proceed with your Order using our secure online purchasing facility, click on the "Checkout" button on the shopping basket screen. You will then be given the option to enter your email address and password, if you are an existing user of the site. You will then be transferred to our secure server provider to complete your Order. If you choose to order a Sample, you will not be transfered to a secure provider, as the service is provided free of charge.
You will be asked to provide certain information we need to enable us to process your Order such as your preferred delivery address and payment details. It is your responsibility to provide us with sufficient information to process you Order.
We will acknowledge receipt of your Order by email. This is not our acceptance of your Order, but confirmation that it has been received.
You may not assume we have accepted your Order until we send you an acceptance by email. Only if and when you receive our acceptance will we have a binding Contract between us.
You may receive acknowledgement from our payment processor advising you whether or not your credit or debit card payment has been authorised. This acknowledgement relates to your payment only and is not our acceptance of your Order.
We will be entitled to refuse to accept your Order if in our sole discretion we consider it necessary. In particular we must receive payment of the whole of the price for the Goods that you Order before your Order can be accepted. If we refuse your Order we will let you know as soon as we can. If we accept your Order we will inform you without undue delay.
Once we have entered into a Contract with you we shall supply you with the items specified in your Order in accordance with the terms of the Contract.
We can only conclude the Contract with you in English and not in any other language.
We may cancel the Contract between us if:
In the unlikely event that the Goods we deliver are not what you Ordered or are damaged / defective, or the delivery is of an incorrect quantity/Goods; you must notify us within 7 days of receiving it.
We will then, at our option:
You are responsible for observing and complying with all applicable regulations and legislation, which affect your purchase and subsequent use of our Goods. This includes obtaining all necessary customs, import or other permits to purchase goods from our Website. Certain national laws may prohibit the importation or exportation of certain of our Goods to you.
We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
To the extent that law permits us to do so, we exclude all our liability to you for any direct, indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem relating to the Goods you buy from us, other than the remedies listed in paragraph a above.
If a court does decide we are liable to pay you compensation, that compensation will be limited to the amount paid by you for the Goods in question.
Please note that nothing in this section of these terms and conditions (or in any other section) is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence of for fraudulent misrepresentation.
We shall have no liability to you for any failure to deliver Goods you have Ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, act of god, explosion or accident.
In the event of any failure by a party because of something beyond its reasonable control:
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
A person who is not a party to this Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.