We at House of Carpets (“HOC”), pride ourselves on being able to supply a wide range of floorcoverings and ancillary products to suit all budgets. Established in 1995 our reputation for quality and service has grown year on year. Our trading address is 53 Cheshire Street, Market Drayton, Shropshire, TF9 1PN.
Our company details are: House of Carpets (Shropshire) Limited, registered in England and Wales. Our company registration number is 05551652 and our registered office is at Column House, London Road, Shrewsbury, Shropshire, SY2 6NN. Our registered VAT number is 748053719.
These are the Terms and Conditions on which we supply our Products and Services to you.
(a) In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Agreement” | means the contract into which the Parties will enter on the business customer’s acceptance of the Quotation and of these Terms and Conditions which shall incorporate, and be subject to, these Terms and Conditions; |
| “Agreed Date” | means the date on which the provision of the Services will commence as agreed by the Parties; |
| “Agreed Times” | means the times which the Parties shall agree upon during which HOC shall have access to the Property to render the Services; |
| “Business Day” | means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in London; |
| “Confidential Information” | means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such); |
| “You” | means the business customer that requires the Services subject to these Terms and Conditions and the Agreement; |
| “Final Fee” | means the total of all sums payable which shall be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions. |
| “Job” | means the complete rendering of the Services; |
| “Order” | means the business customer’s initial request to acquire the Services from HOC as set out in Clause 4 of these Terms and Conditions; |
| “Products” | means the products required, procured and supplied by HOC to render the Services (unless otherwise agreed); |
| “Property” | means the business customer’s property or premises, as detailed in the Order and the Agreement, at which the Services are to be rendered; |
| “Quotation” | means a quotation detailing proposed fees and services supplied to you in accordance with Clause 4 of these Terms and Conditions; |
| “Quoted Fee” | means the fee which will be quoted to you following the Order which may vary according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions; |
| “Services” | means the floor fitting services provided by HOC as detailed in Clause 7 of these Terms and Conditions; |
| “Visit” | means any occasion, scheduled or otherwise, on which the HOC shall visit the Property to render the Services; and |
| “Work Area” | means the part of the Property within which the Services are to be rendered. |
(b) Unless the context otherwise requires, each reference in these Terms and Conditions to:
(c) The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
(d) Words imparting the singular number shall include the plural and vice versa.
(e) References to any gender shall include the other gender.
(f) References to persons shall include corporations.
3.1 You can contact us by telephoning our customer service team on 01630 652604 or by writing to us at This email address is being protected from spambots. You need JavaScript enabled to view it. and 53 Cheshire Street, Market Drayton, Shropshire, TF9 1PN.
3.2 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
4.1 HOC accepts Orders for Services and Products through telephone and in writing.
4.2 When placing an Order you shall set out in detail the Services required. Details include the location and size of the property, number and type of rooms in which work is required, and the type(s) of flooring (e.g. wood-laminate, carpet, stone tiling etc.). HOC may on your request make a Property Visit to provide measuring services and bring samples of flooring.
4.3 Once the Order is complete and submitted, HOC shall prepare and submit a Quotation to you in writing which shall set out the required Deposit and Fee detailed in Clause 5 and 6 respectively.
4.4 You shall be free to make changes to the Order and Quotation prior to acceptance. You may accept the Quotation by telephone, email or by post.
4.5 We will assign an order number to your Order.
4.6 We only sell to the UK. Our brochure and marketing materials is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
5.1 At the time of accepting the Quotation or not more than 3 days thereafter you shall be required to pay a Deposit to HOC. The Deposit shall be 25% of the Quoted Fee. Orders shall not be deemed confirmed until the Deposit is paid in full.
5.2 Subject to Clause 10 the Deposit shall be non-refundable.
6.1 The Quoted Fee shall include the price payable for the Services and for the estimated Products required to render the Services.
6.2 HOC shall use all reasonable endeavours to use only the Products (and quantities thereof) set out in the Quotation and the Agreement; however if additional Products are required the Final Fee shall be adjusted to reflect this. Any such increases shall be kept to a minimum.
6.3 In the event that the prices of Products or Services increase during the period between your acceptance of the Quotation and the commencement of the Services, HOC shall inform you of such increase and of any difference in the Final Fee.
6.4 HOC shall invoice you when the provision of the Services is complete.
6.5 All invoices must be paid within 7 days of receipt by you.
6.6 Any sums which remain unpaid following the expiry of the time period set out in sub-Clause 6.5 shall incur interest on a daily basis at 4% above the base rate of Barclays Bank plc obtaining at the time.
7.1 The Services shall be rendered in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by mutual agreement from time to time).
7.2 HOC may provide sketches, impressions, samples, plans or similar items in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
7.3 HOC shall use its best and reasonable endeavours to ensure that the flooring used matches that chosen by you and is consistent throughout the Property (or relevant areas thereof). Notwithstanding this and any samples on which you may base your choice, HOC cannot guarantee the quality, colour, pattern, grain, finish or texture of the flooring; nor can consistency be guaranteed throughout due to unavoidable variances which may arise in the manufacturing process of the flooring.
7.4 HOC shall ensure that the Services are rendered with reasonable care and skill and to a reasonable standard which is commensurate with best trade practice.
7.5 HOC shall properly dispose of its waste that results from its rendering of the Services.
7.6 Installation of Flooring
(a) Uplift and disposal. HOC offers an uplift of existing flooring and disposal service for a fee. If requested, HOC will provide you with the cost of this fee in your Quotation. If you do not choose this service, you must ensure that the existing flooring is removed before we are due to install the new flooring and it is advisable this is done a few days before the installation date, in case there are any issues.
(b) Subfloor inspection. HOC also offers a service to inspect the subfloor by uplifting the existing flooring. The subfloor may not be suitable for new flooring and require preparation (may be damp, damages or unsuitable). HOC also offers a service to prepare your subfloor. Where HOC are unable to prepare your subfloor we may recommend a third party who can provide this service. If you request a Quotation to be given without inspection, if any additional preparation of the subfloor is required, it will be at an additional cost and may delay the installation of the new flooring and another installation date may have to be rearranged.
(c) Paintwork and wallpaper. HOC will use all reasonable skill and care, but the installation process may result in some scuff marks. It is advisable that you do not paint skirting or put up wallpaper in the room or area prior to the installation, unless the skirting or wallpaper has had at least a week to dry.
(d) Door/Plinth trimming. Trimming may be required to allow for clearance over the new flooring where the new flooring is thicker than the existing flooring. HOC may be able to recommend a qualified carpenter for you to undertake this work.
7.7 HOC shall ensure that it complies with any and all relevant codes of practice.
7.8 Time shall not be of the essence in the rendering of the Services under these Terms and Conditions or under the Agreement.
7.9 Following completion of the Job you shall have a period of 7 days within which to inspect the completed work and to notify HOC of any defects. HOC shall correct such defects at no additional cost to you.
8.1 If any consents, licenses or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be your responsibility to obtain the same in advance of the commencement of the Services.
8.2 You shall ensure that HOC can access the Property at the Agreed Times to render the Services.
8.3 You shall have the option of giving HOC a set of keys to the Property or being present at the Agreed Times to give HOC access. HOC warrants that all keys shall be kept safely and securely.
8.4 Unless otherwise specified in the Quotation, you shall be responsible for removing any old flooring prior to the installation of new flooring by HOC.
8.5 You shall ensure that the Work Area is kept clear of furniture, fixtures and fittings and out of use for the duration of the Job unless otherwise directed by HOC. If you need help with moving furniture HOC are happy to help but will need advance notice where there are large items. Depending on the amount of furniture we reserve the right to charge you a fee for this service. HOC does not accept any liability for breakages where it would be possible for furniture to be moved prior to HOC commencement of the Job.
8.6 If you provide measurements to the HOC, HOC shall not be responsible for any inaccuracies which may result. If additional work is required to make up for a shortfall in measurements, the HOC shall charge you accordingly. If there is an excess of flooring due to excessive measurements HOC shall not reimburse you for such excess.
8.7 You shall ensure that HOC has access to electrical outlets and a supply of hot and cold running water.
8.8 You must give HOC at least 48 hours’ notice if HOC will be unable to provide the Services on a particular day or at a particular time. HOC will not invoice for cancelled Visits provided such notice is given. If less than 48 hours’ notice is given HOC shall invoice you at its normal rate.
9.1 You may cancel or reschedule the Job at any time before the Agreed Date. The following shall apply to cancellation or rescheduling:
(a) If you cancel the Job more than 14 days before the Agreed Date HOC shall issue a full refund of all sums paid, excluding the non refundable Deposit.
(b) If you rescheduled the Job more than 14 days before the Agreed Date HOC shall retain all sums paid, and shall deduct all such sums from any related balance payable on the rescheduled Job.
(c) If you reschedule the Job less than 14 days but more than 7 days before the Agreed Date HOC shall retain any sums paid and shall deduct all such sums (excluding the non-refundable Deposit) from any balance payable on the rescheduled Job. A new Deposit shall be payable on the rescheduled Job.
(d) If you cancel the Job less than 7 days before the Agreed Date HOC shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued.
(e) If you reschedule the Job less than 7 days before the Agreed Date HOC shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued and no sums paid will count toward the fees and Deposit payable on the rescheduled Job.
(f) HOC may cancel the Job at any time before the Agreed Date and shall refund all sums paid, including the Deposit.
10.1 HOC shall ensure that it has in place at all times suitable and valid insurance which shall include public liability insurance.
10.2 HOC’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions or of the Agreement shall be limited to the Final Fee or Quoted Fee whichever is the greater.
10.3 HOC is not liable for any loss or damage suffered by you which results from your failure to follow any instructions given by HOC, such instructions include any manufacturer product care guides and warranties. HOC does not accept any responsibility for such manufacturers guides or warranties.
10.4 Nothing in these Terms and Conditions shall limit or exclude HOC’s liability for death or personal injury.
10.5 HOC shall indemnify you against any costs, liability, damages, loss, claims or proceedings arising out of HOC’s rendering of the Services or any breach of these Terms and Conditions.
10.6 You shall indemnify HOC against any costs, liability, damages, loss, claims or proceedings arising out of your failure to meet any of its obligations or any other breach of these Terms and Conditions.
11.1 HOC guarantees that the product of all Services provided shall be free from any and all defects for a period of 12 months following completion of the Job.
11.2 If any defects in the product of the Services appear during the guarantee period set out in sub-Clause 11.1 HOC shall rectify any and all such defects at no cost to you.
11.3 You acknowledge that some types of products, in particular carpets have certain characteristics, depending on amount of traffic and the type of carpet (natural fibre pure new wool). These include: Shedding; Flattening; Indentations; Long Tufts; Pile Reversal; Fading Pilling. These are generally not defects or faults. HOC will on the rare occasion, contact the manufacturer to inspect the carpet. Unless there is a defect or fault with the carpet or defect as a result of our installation determined by the manufacturer, HOC will not be held liable for the quality and characteristics of the carpet.
(a) All personal information that HOC may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
(b) HOC will only use your personal information to contact you regarding the Products and Services you have requested from us and those Products and Services we supply which maybe of interest to you. When you request our Products and Services we will request the following information from you: Name; Address; Telephone Number and Email Address. When you Order from us and have requested delivery and installation services, we may share these details with our delivery and installation team. We may also share these details with our suppliers and/or the manufacturer of your chosen flooring to help you keep any warranties that may come with the Product.
13.1 Except as provided by sub-Clause 13.2 or as authorised in writing by the other Party, each Party shall, at all times during the continuance of the Agreement and for a period of 3 years after its termination:
(a) keep confidential all Confidential Information;
(b) not disclose any Confidential Information to any other party;
(c) not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement;
(d) not make any copies of, record in any way or part with possession of any Confidential Information; and
(e) ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 13.1(a) to 13.1(d) above.
13.2 Either Party may:
(a) disclose any Confidential Information to:
to such extent only as is necessary for the purposes contemplated by the Agreement (including, but not limited to, the provision of the Services), or as required by law. In each case that Party shall first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 13.2(a)(ii) or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of this Clause 13, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
(b) use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Agreement, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information which is not public knowledge.
13.3 The provisions of this Clause 13 shall continue in force in accordance with their terms, notwithstanding the termination of the Agreement for any reason.
14.1 No Party to the Agreement will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
14.2 In the event that a Party to the Agreement cannot perform their obligations thereunder as a result of force majeure for a continuous period of 4 months, the other Party may at its discretion terminate the Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services completed up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.
15.1 Either Party may immediately terminate the Agreement by giving written notice to the other Party if:
(a) any sum owing to that Party by the other Party under any of the provisions of the Agreement is not paid within 30 Business Days of the due date for payment;
(b) the other Party commits any other breach of any of the provisions of the Agreement and, if the breach is capable of remedy, fails to remedy it within 14 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;
(c) an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
(d) the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
(e) the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under the Agreement);
(f) anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
(g) that other Party ceases, or threatens to cease, to carry on business; or
(h) control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of the Agreement. For the purposes of this Clause 15, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
15.2 For the purposes of sub-Clause 15.1(b), a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.
15.3 The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
Upon the termination of the Agreement for any reason:
16.1 any sum owing by either Party to the other under any of the provisions of the Agreement shall become immediately due and payable;
16.2 all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
16.3 termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Agreement which exist at or before the date of termination;
16.4 subject as provided in this Clause 16 and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and
16.5 each Party shall (except to the extent referred to in Clause 16) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.
Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Agreement into full force and effect.
Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.
The Agreement shall be personal to the Parties. Neither Party may assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of its rights thereunder, or sub-contract or otherwise delegate any of its obligations thereunder without the written consent of the other Party, such consent not to be unreasonably withheld.
Except where stated, the Parties agree that all times and dates referred to in the Agreement shall be of the essence of the Agreement.
No part of the Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement
23.1 All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
23.2 Notices shall be deemed to have been duly given:
(a) when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
(b) when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
(c) on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
(d) on the tenth business day following mailing, if mailed by airmail, postage prepaid.
23.3 In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
The Agreement may be entered into in any number of counterparts and by the Parties to it on separate counterparts each of which when so executed and delivered shall be an original, but all the counterparts together shall constitute one and the same instrument.
In the event that one or more of the provisions of the Agreement and/or of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement. The remainder of the Agreement and/or these Terms and Conditions shall be valid and enforceable.
26.1 The Parties shall attempt to resolve any dispute arising out of or relating to the Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
26.2 Nothing in this Clause 26 shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief.
27.1 The Agreement and these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
27.2 Subject to the provisions of Clause 26, any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
