Terms and Conditions

OVERVIEW

Dalkard & Elliott and its associated companies always aim to give you the best possible value and service. The following Terms and Conditions will explain how we will deal with your order, and you should read them carefully.

Dalkard & Elliott disclaims all liability for any loss or damage resulting from the use or misuse of the information provided on this website, despite the fact that it has been provided in good faith.

There are a number of Dalkard & Elliott stores around the UK where our products can be viewed and where you can speak to one of our trained store staff to ensure you are buying the right product for you. In order to make sure you are purchasing the best product for you. You can find the address of your nearest store by using our Store Locator.

Your consumer rights are different when you buy online and these Terms and Conditions may not apply to, or may be different for, purchases made in one of our shops.

Your order

By placing an Order with us, you are accepting these Terms, as well as our Privacy Notice.
When placing an order with us (including requesting samples or making an appointment under our home consultation service) you will be enrolled in our in our email, Facebook, and Google Audiences marketing programmes. You can opt out of this at any time using unsubscribe links in our e mail messages, by accessing your online account or by contacting us at customer-service@Dalkard & Elliott.net. We will not share your personal information with any other companies for their marketing purposes. There are strict regulations in place to protect your information even if it is processed outside of Europe. Our information may be processed outside of Europe, but strict rules are in place to safeguard it.

If you have provided your own measurements, you are responsible for these being accurate and Dalkard & Elliott accepts no liability if the floor covering does not fit. Therefore, please make sure that these are correct at the time of ordering to avoid any issues upon delivery or when the floor covering is fitted.

Liability

While we try and get things right the first time, occasionally things don’t go according to plan. Subject always to your statutory rights, if your floor covering is not of satisfactory quality or is not fit for a purpose which was made known to us, we will replace any defective floor covering and arrange for the defective floor covering to be collected and disposed of. You are not permitted to dispose of defective goods (flooring or beds) without our written permission.
Our products are only suitable for normal domestic use and are not necessarily suitable for commercial use, particularly where there are different fire safety standards in respect of some commercial uses with which the products may not comply.
All implied terms, conditions, and warranties (aside from the title warranty), if you are acting in a capacity other than that of a consumer, are excluded. Even when the purpose is disclosed to us, it is up to you to decide whether the products you choose are appropriate for it. In these situations, the extent of our liability is strictly limited to the price of replacing any defective goods. No responsibility is accepted for any loss of rental income, inconvenience, distress, inability to rent the room, loss of turnover, loss of profit, or any other indirect and/or consequential losses of any kind.
This provision does not affect any liability we have for fraud or fraudulent misstatement or for personal injury arising out of our negligence.

Our pricing in detail
Clear pricing
At Dalkard & Elliott we want our customers to have confidence that they are getting the very best value on all our flooring and to ensure that our prices are low enough to be competitive, we constantly compare them to those of our rivals.
Discounts are clearly highlighted in-store and online and some items may not be included in this promotion. The list price may not be the last selling price of a particular product.

Our Low Price Promise
We will refund the difference if, within 28 days of purchase from us, you either:

Have a quotation for the same delivered and fully fitted floor covering products and services from another retailer at a lower price; or
Find an equivalent divan, bed frame or mattress of the same brand from another retailer at a lower price.

Conditions to never beaten on price and the refund the difference promises:

The price promise does not apply to online or catalogue purchases or to offers available from vehicle-based retailers.
It also excludes prices from other Dalkard & Elliott stores.
The promise to beat any floor covering price applies to on-the-floor, delivered and fully fitted prices. Similarly, the promise to beat any bed prices applies to the delivered price.
Where you wish to purchase a floor covering product only, any competing quotation must be for that same product only and the other retailer must not carry out or arrange the supply or fitting of other related products. In these circumstances, our price promise applies only to carpet, laminate and vinyl floor coverings, and does not include doormats, underlay, gripper, glue or ancillary products.
According to a separate contract between you and the fitter, the fitter will charge and collect the fitting cost from you.
Where a request to beat a competing quote from another is made at the point of sale, any quote to be beaten must have been provided within the immediately preceding 28 days, be in writing and we must be able to identify the retailer who has provided the quotation. Any divan, bed frame or mattress price to be beaten must be available from the competing retailer on the date of purchase from us within equivalent timescales to our own availability.
We will not refund the difference in circumstances where you have placed an order with us and the price of the products ordered has subsequently been reduced.
Different retailers will use different names for the same products. Our promise applies to the same products, by whatever names those products are called by other retailers.

In the unlikely event that you wish to claim a price guarantee refund, please provide us with details of your order, the competitor, date, product details, warranty and delivery charges and the price displayed so that your claim can be verified. Once verified, we will make payment in respect of the claim as appropriate. Refunds for valid claims will be processed by your local store or our Store Support Office and issued back to the payment card used. A cheque will be issued if the order was paid for in cash or cheque.

Delivery

Delivery and/or installation dates are estimates only and given in good faith but are not guaranteed times or dates and should not be relied upon as such. Time is not of the essence of the contract.
Please make sure the products you receive are the ones you ordered, are the right size and colour, and are inspected for any obvious flaws or damage both during delivery and prior to installation or assembly. If, on inspection, you have any doubts, please contact us immediately.
If we do not deliver products ourselves, we may use third-party delivery services. Your details will be shared with them to allow delivery to take place. We will share your information (name, address and contact details, together with the product being delivered) with the delivery provider.
It is your responsibility to ensure that there is adequate free parking and free and clear access and clearance to allow the products to be delivered without damaging the products or any decoration through the route of access. If you do not do so, no responsibility is accepted for any damage caused unless and to the extent we have been negligent.

Storage of products

We will only keep products in our warehouse for a maximum of three months after the date of your order. This includes any part-fitted products. You must accept delivery of your products within this time. If not, you authorise us to dispose of your products with no liability on us. If we agree to store your products for longer than three months, we will advise you of the charges for storage, and you agree to pay such charges in advance. Further, you accept that during the period in excess of three months, your products may be damaged, and you accept full responsibility for such damage.

Floor coverings

Subject of course to your statutory rights, if your floor covering is not a satisfactory quality or is not fit for a purpose which was made known to us, we will replace any defective flooring at no cost to you. If there is a problem with the fitting of your flooring, which will have been supplied by an independent chosen fitter as Dalkard & Elliott does not offer a fitting service, it is the fitters responsibility to return to your property and carry out any necessary corrective work. Any contract for fitting is between you and the fitter.

Our low price guarantee covers you in the rare event that another retailer offers the same product with the same ancillaries at a lower price within 28 days of us supplying the carpet or flooring to you. Written confirmation of the other price will be required and will need to be verified by Dalkard & Elliott. Delivery dates are estimates only and given in good faith, but we do not guarantee times or dates and should not be relied upon as such. Time is not the essence of the contract.

Please make sure that the products you receive are the ones that you ordered and are the right size and colour, and have been inspected for obvious flaws or damage both during delivery and prior to you arranging installation. Any problems in this regard must be notified to us before the products have been part-fitted or fully fitted by your chosen fitter.

We will only keep products in our warehouse for a maximum of three months after the date of your order. This includes any part-delivered products. After three months, full payment is required for the goods, and we will be prepared to store them for a further period of three months. A storage charge will be raised for the additional three-month period and must be paid in advance. After six months, the

goods must be delivered from our warehouse.

For the avoidance of doubt, Dalkard & Elliott does NOT offer a fitting service and this forms no part of any contract between you and us. However, if you give us permission, we will give your details to one of a pool of fitters that we have recommended in the past to our customers and who offer a high standard of work. They will then be in touch with you to arrange to carry out the fitting work on your behalf, and you will be required to pay the fitters their charges on the day of fitting. The contract for fitting will be a separate agreement between you and the fitter. You must pay the fitter directly for the fitting services, and if the services are split over multiple days, you must pay them in stages for the work completed.

We offer a free home survey. Our surveyor will come to your house upon request, take exact details of measurements, and look at any subfloor preparation and other works that may be required from that information. We are able to give an estimation of the fitting charges that your chosen fitter will require to complete the work. In addition, the surveyor will also advise on the subfloor preparation materials that will be required and any other items that may arise. However, that is dependent on the surveyor being able to examine the entire floor that the product is required to be fitted on. If that is not possible due to existing floor coverings being in place, we cannot be held responsible if additional work should be required upon delivery.

Your right to cancel does not apply to products that are made to your specifications, which include floor coverings cut from a roll to your specific order size. However, in certain circumstances, if the flooring has not been cut from the roll or an order placed with a supplier, we may accept a cancellation. However, no refund will be issued, but a credit note will be issued, which may be used for any products from our store within 12 months of the date of the credit. We may make a charge of 20 to 30% to cover our costs in this matter.

The guarantees on your flooring or carpet are provided by the manufacturer, not by Dalkard & Elliott. Guarantees are almost always against premature wear. They do not cover for loss of appearance, flattening, loss of colour or effects caused by lack of a proper cleaning regime. If you feel you have a complaint under your guarantee, please contact Dalkard & Elliott and we will liaise with the manufacturers of your product to try to achieve an acceptable outcome on your behalf. This may include visits from ourselves or the manufacturer’s representatives. Sometimes this can take a period of time to complete.

Assessment of subfloor – Costs are subject to change if unforeseen subfloor issues are found after uplifting the existing floor covering. Especially if accurate assessment cannot be carried out due to the existing floor covering being present. Charges will be notified to the customer for payment prior to any further work being carried out.

Room temperatures – Room temperature must be between 18°C – 27°C 48 hours before installation date, during installation and 48 hours after. If the underfloor heating system is the main source of heating alternative heating sources must be used to maintain the required temperatures.

Underfloor heating – The Underfloor heating system must be commissioned and a full cycle (approx 14 days) must be run before installation as per the underfloor heating system manufacturer’s guidelines.

Underfloor heating must be switched off 48 hours prior and must remain switched off during installation. The underfloor heating must remain off for 48 hours after the installation is complete. Re-start the system by gradually increasing the temperature by approximately 2°C daily.

LVT- Possibility of gapping – It is possible to have gaps between the Luxury vinyl tile (LVT) as they are individual pieces of floor covering put together as opposed to a sheet product.

There are unique planks to create a bespoke floor. Many factors affect potential gaps, including manufacturing tolerances, minor subfloor imperfections (even within recommended standards) etc. Gaps may be more prominent in lighter shades of floor covering than the darker shades. The gaps will not affect the overall performance or guarantee of the floor covering.

Cancellations and returns

Floor coverings
The right to cancel does NOT apply to products that are made to your specifications. This includes floor coverings, which have been cut from a roll to your specific order size. If the products are excluded from your right to cancel, we will find out whether or not they have already been cut to your specifications and if not we will accept a cancellation of your order and refund your money. If, however, the product has been prepared for you we will only accept cancellation if we may deduct a proportion of the purchase price from the refund we issue to you to cover the losses we will incur in selling your purchase as a reduced price remnant in one of our stores. We will advise you of any such charge and you may then decide whether or not you wish to cancel the order.

General
Dalkard & Elliott does not offer the opportunity to cancel an order placed. Dalkard & Elliott will provide store credit to the value of the order, less the value of any goods supplied or any services completed. Store credit can be used in any store and can be used on any product or service. Refunds are not given for cancellation of orders.
If a quotation provided for flooring is incorrect and the completed work does not require the goods or accessories stated, we will refund the difference to you.
Mattresses, bedsteads, divans and bedding cannot be returned after delivery. We offer no sleep trial or testing period and goods cannot be exchanged in store for another option. Furthermore; we reserve the right to leave goods at your property or premises should there be access issues preventing the goods to be delivered to the desired room.

Data protection

Dalkard & Elliott take data protection very seriously. All data is stored and treated with complete confidentiality and in accordance with the relevant legal obligations. More details regarding use of data can be found in our Privacy Notice.

Complaints

On the rare occasion that we do receive a complaint, we take it very seriously. If you are unhappy with any aspect of the goods you purchased with us you may contact us in any way you prefer. Our contact details are as follows;
Phone: 01858 784003
Address: Customer Service, Dalkard & Elliot, 98 St Mary's Rd, Market Harborough LE16 7DX.

If your complaint relates to the finance linked to your purchase, you can still let us know about this, but we will forward it on to your credit provider. The provider will acknowledge your complaint and investigate it thoroughly, and issue their response within eight weeks.

What to do if you can’t reach an agreement?
If you are not satisfied with our provider’s response to your complaint relating to the finance agreement, you may be able to refer the matter to the Financial Ombudsman Service. You must contact them within six months of the date of Novuna’s final response letter to you.
They can be contacted in the following ways:
Write: Financial Ombudsman Service, Exchange Tower, London, E14 9SR Telephone: 0300 123 9 123
E-mail: complaint.info@financial-ombudsman.org.uk

Further details can be found on the Financial Ombudsman Service website: www.financial-ombudsman.org.uk