Terms & Conditions

GENERAL

We reserve the right to change these Terms and Conditions at any time. It is your responsibility to read the Terms and Conditions on each occasion that you use this website, and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.

As a user of this website (referred to as ‘customer/you/your)’, you acknowledge that any use of this website including any transaction you make is subject to our Terms and Conditions.

ORDERS

All orders placed with Komscape will be subject to acceptance in accordance with our Terms and Conditions

No contract will exist between Komscape and the customer until an order is received and accepted. Acceptance of any order and the subsequent completion of the contract will take place when products ordered are despatched, unless we have notified you that we are unable to accept your order or cancelled it. We also reserve the right not to supply goods ordered and/or to offer you a refund or alternative product.

DELIVERY

Komscape Delivery service is only for delivery of goods to customers within mainland UK addresses that are not located in Grampian or Highland areas. Orders made for delivery to Highland or Grampian areas will be required to pay an additional surcharge, but please contact us beforehand. We can deliver to the Channel Islands, Isle of Man, Orkney, Shetland and the Scottish Islands but a delivery surcharge will be required for these areas. All goods must be signed for by an adult aged 18 years or over upon delivery. We do not deliver to Ireland or Northern Ireland.

Our delivery charges along with delivery estimated timescales are specified in the Delivery Information section. We endeavour to deliver goods within the estimated timescales; however, delays are occasionally inevitable due to unforeseen circumstances. We can confirm that Komscape are under no liability for any delay or failure to deliver the goods within the estimated timescales.

Risk of loss and damage of products passes to the customer upon the date when the products are delivered or the date that the first delivery is attempted by us or third-party courier. Any claim for damage/loss of goods during transit must be reported to Komscape in writing within 48 hours of delivery or attempted delivery. Komscape will not be liable for any claim attempted outside of above time frame.

Delivery is to the nearest kerbside of your address. Some drivers are happy to take items to your front door or your property upon request, but this is at their discretion and we cannot guarantee that they will do this. We cannot be held liable if any damage occurring because of items being taken into your property. When asked to sign for your goods received, we would ask that if the product appears to be damaged, you do not accept the delivery, alternatively if you are unable to check the contents of the delivery at the time of the please sign for the goods as ‘unchecked’. Failure to do any of these things may affect any warranty claim you might make in the future.

Komscape does not recommend that you book a fitter/installer for any products ordered until they have been received and checked. We are not liable for any costs incurred due to installation/lost wage costs.

PAYMENT

Payment of goods ordered can be made by any method shown on our website at the time of placing an order. The price paid is the price displayed at checkout and is shown in £ sterling.

RETURNS & CANCELLATIONS

The customer has the right to cancel and return an order up to 10 days after confirmed receipt/delivery (excluding any bespoke order cut to size). The customer will need to notify us of the planned cancellation and return in writing via email or letter within this timeframe and allow up to 28 days for the price paid excluding shipping costs and handling fee (20% or £15 whichever is greater). Please note the customer/you will be responsible for the cost of organising and returning the goods to us. All goods must be returned in the same packaging and condition in which they were received by you.

If in the unlikely circumstances you receive faulty or damaged goods and these have been reported to us as per our Delivery Terms and Conditions and prior to the cutting and/or installation of the goods, we will arrange for the faulty or damaged goods to be collected and replaced at no cost to the customer. Unfortunately, if any ordered goods have been removed from their original condition (for example cut and installed) we will be unable to replace or offer a full refund for the goods, also upon inspection of said faulty/damaged goods, no fault/damage can be found this will mean no refund can be made.

Product specifications from manufacturer’s can sometimes change, where this happens, we will do our best to offer you a similar alternative or substitute for the same or even a better-quality product at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our returns policy.

COPYRIGHT

The customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all materials and/ or content made available as part of their use of our website shall remain at all times vested in Komscape and our licensors. Customer is permitted to use this material only as expressly authorised by Komscape or their licensors. The material and content contained within this website is made available for their personal and/or non-commercial use only and that they may only download such material and content for the purpose of using this website. The customer will further acknowledge that any other use of the material and content on this website is strictly prohibited and they agree not to (and/or assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

LIABILITY

There is nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law however if any part of these terms and conditions are found to be invalid or unenforceable the rest will be unaffected.

We will use reasonable endeavours to verify the accuracy of all information on the site but make no representation or warranty of any kind, express or implied statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs, or represents the full functionality, accuracy, reliability of the website we will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss, damage from action taken, or taken in reliance on material or information contained on the site, subject to the section above.

Other than expressly provided in these Terms and Conditions with respect to specific products and except for the exclusive remedies set out above, any indemnities, warranties, Terms and Conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law, subject to sections above.

Komscape will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any: Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings). Loss of goodwill or reputation. Special or indirect losses. Injuries suffered or incurred by that party arising out of, or in connection with the provisions of any matter under these Terms and Conditions subject to sections above. Our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the goods in respect of one incident or series of incidents attributable to the same cause, notwithstanding the above and subject to the above sections.

Your statutory rights as a consumer are not affected, nor does it affect your contract cancellation rights. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

LAW AND JURISDICTION

The contract between both parties shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

Komscape have selected our products on the basis that they will be used for domestic use only (exceptions apply and are clearly marked as suitable for contract/ commercial use), if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products for business purposes, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to the fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

Komscape shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

To enable Komscape to provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked websites we are not responsible for the availability of such external sites or resources, and do not review or endorse, and are not responsible or liable(directly or indirectly) for:

The privacy practices of such websites.
The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources.
The use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

The customer may not assign or sub-contract any of their rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by Komscape.

Komscape reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.

If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected.

Our Terms and Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).

Our Terms and Conditions including the documents or other sources referred to in these Terms and Conditions supersede all prior representations understandings and agreements between the customer and Komscape relating to the use of this website (including the ordering of products) and sets forth the entire agreement and understanding between the customer and Komscape for your use of this website.

CONDITIONS OF SALE AND PRODUCT SPECIFICATIONS

It is the customers responsibility for ordering and checking a sample of the goods that we sell. Komscape will not accept any responsibility for the return of any goods that do not suit your requirements if a sample has not been requested beforehand.

Upon receipt of your order, please remove all packaging and thoroughly check the ordered goods before booking your flooring installer to ensure it is the correct quality, size, pattern and colour as you expected, and free from damage and/or defects. Once you have cut into and/or fitted the item, you are the owner and Komscape cannot be held responsible for any exchanges or fitting costs.

Packaging and the product itself can include staples or sharp objects. Please ensure that you or your installer have checked the product thoroughly for such items and removed all such packaging with care before securing the goods for everyday usage. Komscape cannot be held liable for any injuries incurred by anyone where goods purchased have been installed without being thoroughly checked for sharp objects prior to or during the installation process.

Please note, Komscape are unable to guarantee an exact colour match on different rolls. If an exact colour match is required, please contact us at the time of ordering and we will do all that we can to help. An exact colour match is especially hard to achieve when different widths have been used, or the flooring has been ordered on different dates.

All pile carpets, especially plain grounds are liable (after they have been in use for some time) to shading, i.e. to show light and dark patched areas. This is due to uneven pressing of the surface by treading. Light and delicately shaded carpets are liable to become soiled with wear and it may appear that the colours have faded. Both tendencies are inherent in all pile fabrics and therefore we cannot accept any responsibility for complaints arising from either of these causes.

All dimensions are in accordance with British Standards 3655 (1974) +/- 1.25% in width and/or length.
Whilst every effort is made to deliver goods on the day specified, this service is not guaranteed. We cannot offer compensation consequently for late or early delivery. Any information given regarding anticipated delivery times or dates are given in good faith.