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COOKIES LAW
A new law on cookies demands that you, as a website user, are given the opportunity to understand how cookies are used on our websites and consent to cookies being stored on your computer (laptop/mobile/tablet).
WHAT ARE COOKIES?
A cookie is a small text file, typically of letters and numbers, downloaded to your computer when you access websites. Typically, they contain the following information: a site name and unique user ID, the duration of the cookie's abilities and effects, and a random number. As a rule, cookies cannot be used to reveal your identity or personally identifying information.
When you visit a website that uses cookies for the first time, a cookie is downloaded onto your computer. The next time you visit that website, your computer checks to see if it has a cookie that is relevant and sends the information contained in that cookie back to the website. The website then notes that you have been there before, and in some cases, tailors what pops up on screen to take account of that fact. They also might record how long you spend on each page on a site, what links you click, even your preferences for page layouts and colour schemes.
Generally, the role of cookies is beneficial, making your interaction with frequently-visited sites smoother with no extra effort on your part. Without cookies, online shopping would be much harder. Without cookies, some websites will become less interactive with the cookie option turned off.
MOST COMMON COOKIES
Session cookies
These cookies expire when you close your web browser (Internet Explorer, Firefox, Safari, Google Chrome). These cookies are used for various reasons, for example, remembering what you have put in your shopping basket as you browse a website. They can also be used for security to access your Internet banking or email.
Persistent cookies
These cookies are still stored on your computer after you have closed your web browser which allows your preferences on websites to be remembered. These cookies are used for a variety of purposes, for example, remembering your preferences on a website (your language choice or your user name on a particular website).
First and Third Party cookies
This refers to the website placing the cookie. First party cookies are cookies set by the website you are visiting. Third party cookies are set by another website; the website you are visiting may have advertising on the page and this other website will be able to set a cookie on your computer. Third party cookies on the main web browsers allow third party cookies by default. Changing the settings on your browsers can prevent this.
Exceptions
There are some exemptions to the above where it is essential for a website to store information on your computer, for example, to provide a service to you that you have requested.
OUR USE OF COOKIES
We use cookies to improve your experience on our website. We also use cookies to understand your usage of our website.
FURTHER INFORMATION
Can be found at http://www.ico.gov.uk/for_organisations/privacy_and_electronic_communications/the_guide/cookies.aspx and http://www.allaboutcookies.org/.
1.
INFORMATION ABOUT US

The Tyred Flooring Company a trading style of The Exchange Limited, registered office at 1 Athol Street, Douglas. Isle of Man. IM1 1LD 4LL registered in the Isle of Man with the registration number 107401C. Our VAT number is GB002 2473 32 This page (together with the documents referred to on it) sets out the terms and conditions ("conditions") upon which we supply any of the goods ("goods"). Please read these conditions carefully before ordering any goods. In ordering any goods, "you" as the purchaser of goods agree to be bound by these conditions. You should print a copy of these conditions for future reference.

2.
SERVICE AVAILABILITY

2.1
Our website is only intended for use by people resident in the United Kingdom, Isle of Man and the Channel Islands.
2.2
If you order goods from outside the United Kingdom, Isle of Man and the Channel Islands those goods may be subject to import duties and/or taxes, which are levied when the goods reach their destination. You accept responsibility for the payment of any such import duties and/or taxes.
2.3
You must comply with any laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.

3.
YOUR STATUS

3.1
By paying for an order with The Tyred Flooring Company, you warrant that:
(a)
you are legally capable of entering into binding contracts; and
(b)
you are (in the case of an individual) at least 18 years old;
(c)
you are legally capable of entering into binding contracts; either personally or on behalf on a company identity.
(d)
you are resident in one of the serviced countries.

4.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1
The contract for the sale of the goods by us to you ("contract") will only be formed in accordance with this condition
4.2
These conditions apply to the sale by us to you of all and any goods purchased from The Tyred Flooring Company and govern each contract to the exclusion of any other terms and conditions introduced or submitted by you, and supersede any terms previously issued.
4.3
After placing an order you will receive an e-mail from us acknowledging that we have received your order and comprising a description of the goods, the price of the goods and the delivery costs (where applicable), and the estimated delivery time for the goods ("e-mail confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the goods. All orders are subject to acceptance by us, and the contract will only be formed when we despatch the goods to you.
4.4
Any typographical error or omission in any sales literature, quotation, price list, e-mail confirmation, invoice or other document or information issued by us are subject to correction without any liability on our part.
4.5
Any advice or recommendation clearly available for download by you from our website as to the installation, storage, application or use of the goods, which is not followed or acted upon, is entirely at your own risk. However, no claim will be looked into or accepted unless proof is given to the Company that Partners recommendations have been followed.
4.6
You will take responsibility for retaining a copy of any e-mail confirmation received in accordance with condition 4.3 above.

5.
PURCHASER RIGHTS

5.1
You will have no right to cancel a contract for the supply of any goods or associated product, which are a non stock item and made to order or personalised or made for your specification in any way.

6.
PRICE AND PAYMENT

6.1
The price to be paid is that supplied to you by us via email invoice.
6.2
We are under no obligation to provide goods to you at an incorrect price, even after we have issued an e-mail confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.3
Payments made not deemed to have been received until we have received cleared funds. Prices shown are net ex VAT and will where stated are subject to a delivery charge.
6.4
The prices for the goods are inclusive of any value added tax but do include delivery charges unless expressly stated otherwise.
6.5
If any additional delivery costs become payable by you pursuant to condition 8.1 we shall invoice you immediately in respect of these costs. Any such invoice shall be payable within 7 days of the date of the invoice.

7.
PACKAGING

We will use reasonable endeavours to ensure the goods are appropriately packaged prior to despatch but the packaging of the goods is at our discretion and we have the right to pack all the goods in such manner, and in such quantities as we think fit and we are not obliged to comply with any packaging requests or instructions from you.

8.
DELIVERY

8.1
Unless otherwise agreed, we will deliver the goods to the delivery address notified to us by you at the time of order. In the event that you notify us of any change to the delivery address after the date of order, we reserve the right to pass on any additional delivery costs to you. Delivery addresses may not be changed once goods have been shipped.
8.2
We will use reasonable endeavours to deliver the goods within the lead time stated at order stage.
8.3
Any delivery dates given by us are estimates only. Time of delivery is not of the essence of the contract. Deliveries will be made to ground floor level only and to first point of contact. Delivery is made to roadside ground floor only, any time between 8am and 5pm during week days. Please note all deliveries will be made to Street level locations, that is not to floors higher than ground level. Deliveries will be made to first point of contact 'receptionist'. Deliveries made to roadside location on site where applicable to first point of contact.

Please note it is your responsibility to house the received goods within an area of ambient temperature, and consideration should be given to deliveries received during inclement weather. Any claim due to lack of or bad housing of product will not be entertained.

8.4
Please inspect delivery and should there be any damage, dirt, tears, etc, please note it at the time on the delivery note prior to signing. After signing the delivery note please email photographic evidence within 2 hours of delivery to as claims cannot be entertained after this time.
8.5
When accepting your delivery please consider the weather and other site conditions as any damage caused post-delivery will not be considered.
8.6
All items are made to meet your specific requirements meaning any cancellation or refunds will not be accepted.
8.7
Storage costs will be charged if your goods are not accepted on the date detailed in your order confirmation - if your delivery date is changed please allow 5 working days when calling off your goods. We may store the goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance.
8.8
Our deliveries are made by a third party partner - if you have not been contacted 48 hours prior to your expected delivery date please contact us. Should you not make contact with us we cannot be held responsible for but not limited to, failed deliveries or any further charges that result from the above.
8.9
Please always adhere to the manufacturer's fitting instructions as damage caused by non recommended fitting practices will null and void any product guarantee
8.10
For large deliveries and if notified the Driver will call the delivery contact as provided on receipt of order and make them aware of an approximate delivery time. On arrival at the site, the Driver will wait up to a maximum of 20 minutes after which he will leave if you have no arrived to off load the goods. Any additional return delivery will be charged.
8.11
If for any reason you fail to accept delivery of any of the goods when they are ready for delivery, or we are unable to deliver the goods on time because you have not provided appropriate instructions, documents, licences or authorisations, charges may occur and…
8.12
The risk in the goods will pass to you (including for loss or damage caused by our negligence).
8.13
We may deliver the goods to you by separate instalments. Each instalment is a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle you to cancel any other contract or instalment.
8.13
It is your responsibility to check the goods for any damage and that they are what you ordered upon receipt and you must inform us of such damage within [6] hours of delivery. If you fail to inform us of any such damage, you are deemed to have accepted the goods. In addition photographic evidence is required to substantiate any possible claim – without this we cannot guarantee that any costs will be reimbursed.

9.
RISK/TITLE

9.1
The goods will be at your risk from the time of delivery (or deemed delivery).
9.1
Ownership of the goods will only pass to you when we have received payment for the goods from you in full even if said goods have been delivered to you.

10.
WARRANTIES

10.1
The goods are directed solely at those who access the website from the serviced countries. We make no representations that any goods are appropriate for use or available in other locations.
10.2
We warrant that on delivery, the goods shall be of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.3
If the goods we deliver are not what you ordered or are damaged or defective you must give us written notice of the problem within 6 hours of receipt of the goods by you – see 8.14
10.4
If any of the goods do not conform with the warranty in condition 10.2 the provisions set out in condition 12 will apply.
10.5
If we comply with condition 10.4 we will have no further liability for a breach of the warranty in condition 10.2 in respect of such goods.
10.6
Notwithstanding the provisions set out in this condition 10 you acknowledge that we do not manufacture the goods but we will endeavour to transfer to you the benefit of any warranty or guarantee given to us by the manufacturer.

11.
LIABILITY

11.1
Subject to conditions 5, 8 and 10, the following provisions set out our entire financial liability to you in respect of:
11.1.1
any breach of these conditions;
11.1.2
any use made or resale by you of any of the goods; and
11.1.3
any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
11.2
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
11.3.1
We will not be liable, whether in tort (including for negligence or breach of statutory duty), contract misrepresentation or otherwise for:
(i)
loss of income or revenue;
(ii)
loss of business;
(iii)
loss of profits;
(iv)
loss of contracts; or
(v)
any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
11.3.2
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract is limited to the price paid for the goods.

12.
COMPLAINTS POLICY

We are committed to providing a quality service to you and value your views, opinions and feedback on any goods, which have been supplied to you or the service which we have provided to you. If we have not performed any of our duties to a satisfactory standard please contact us and we will endeavour to rectify any problems. If the complaint relates to the quality or specification of goods please refer to our refund policy at condition 5. For any other complaints, queries or to provide us with feedback, please contact us at sales@tyredflooring.com. We will endeavour to contact you within 3 working days of receiving your email and will work closely with you in trying to resolve any problems fairly and quickly and to ensure that both our goods and the services which we have provided to you are to your satisfaction.

13.
WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that you provide to us electronically comply with any legal requirement that such communications be in writing. The provisions set out in this condition do not affect your statutory rights.

14.
WRITTEN COMMUNICATIONS

All notices given by you to us must be sent either by e-mail to sales@tyredflooring.com or by post at the trading address set out in condition 1 above. We may give notice to you at either the e-mail address or postal address you provide to us when placing an order, or in any of the ways specified in condition 14 above. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an email is sent, or three days after that date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15.
GENERAL

15.1
We may assign the contract or any part of it to any person, firm or company. You may not be entitled to assign the contract or any part of it without our prior written consent.
15.2
We may defer the date of delivery or cancel the contract or reduce the volume of the goods ordered by you (without liability) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
15.3
If any provision of the contract or these terms are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to that extent be severed and the remaining provisions of the contract or these conditions and the remainder of such provision shall continue in full force and effect.
15.4
Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of our rights under the contract.
15.5
Any waiver by us of any breach of, or any default under, any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
15.6
No term of the contract shall be enforceable by virtue of the contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15.7
These conditions, together with our current website prices, delivery details, contract details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any member of The Tyred Flooring Company or anyone presenting themselves as such, our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
15.7
The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by Isle of Man law and any disputes shall be resolved exclusively in the Isle of Man Courts.

The Tyred Flooring Company is a trading style of The Exchange Limited, Registered office 1 Athol Street, Isle of Man. IM1 1LD registered in the Isle of Man with the registration number 107401C. Our VAT number is GB002 2473 32