Terms and Conditions
3 OAK FLOORING LTD
Within these terms and conditions, the following words shall have the following meanings:
|a) “3 Oak”||3 Oak Flooring Ltd|
|b) “You/Your”||The person(s) or company(ies) named as the customer overleaf.|
|c) “Flooring”||Wood flooring and other materials described overleaf or in any written variation of the description by 3oak following a sub-floor survey.|
|d) “Installation”||The action of installing or fitting the wood flooring|
|e) “Installation date”||The commencement date for the wood flooring installation|
|The site (or part of it) at which installation is to take place.
The website at the address https://www.3oak.co.uk
1.1. All sales shall be deemed to be made between 3 Oak and the buyer in accordance with the Terms and Conditions of Sale hereinafter mentioned. In the event of any conflict between the Conditions and any terms and conditions put forward by the Buyer, 3 Oak’s conditions shall prevail.
1.2. Should you decide to cancel this Agreement after 3 Oak has ordered the Flooring you have agreed to buy, 3 Oak will be entitled to keep the monies you have paid upon the acceptance of this Agreement without limiting the other rights to which 3 Oak is entitles arising from your cancellation.
1.3. 3 Oak will not be liable to you for any loss caused by circumstances beyond its control (such as weather conditions, storms, flooding, the imposition of the government, of local authority regulations including import restrictions, acts of war or industrial actions, strikes, or interruption of power supplies).
1.4. 3 Oak may assign its rights and obligations under this Agreement to a third party or engage a third party to carry out its obligations.
1.5. In addition to its other rights, 3 Oak at its option may end this Agreement if Buyer becomes insolvent or commit an act of bankruptcy.
2.1. By accepting this Agreement you agree to pay 3 Oak outstanding fees as set forth on the invoice unless otherwise agreed in written form.
2.2. 3 Oak is entitled to retain the ordered products until you have paid for it in full.
2.3. You agree to pay 3 Oak against its invoice(s):
- 100% towards 3 Oak issued invoice total on acceptance of this Agreement.
- extras covering the cost of Additional Works (a) requested by you or your agent and or (b) found to be necessary after your acceptance of the quotation and carried out by 3 Oak during Installation or after Installation upon presentation of Invoice.
2.4. 3 Oak will deliver the Flooring to the Premises provided all payments under clause 2.3(i) – (ii) have already been paid in full.
2.5. 3 Oak will not be obliged to deliver the Flooring or start Installation until all payments due under 2.3 (i) – (ii) have been paid in full.
2.6. Any prices set out overleaf, extras and wasted attendance charges are subject to the addition of VAT at the prevailing rate on the date the same are invoiced by 3 Oak.
2.7. Any overdue accounts will attract a charge of interest at the rate of 5% above Barclays Bank’s base rate per month or part thereof.
2.8. In the event that Court proceedings have been instigated, all costs relating to such proceedings will become the responsibility of the Buyer.
3.1. The prices of the products will be as quoted by us to you in writing, on our Website or as published from time to time. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered into the system, provided to you, or published, however, if we discover an error in the price of products you ordered, please see clause 15.4 for what happens in this event.
4. Wood Flooring Products
4.1. Samples and Images of wood flooring products in our catalogues, website or brochures is a mere representation of a final product. Such images, samples and the descriptive matter shall not form part of the contractor have any contractual force. The sole purpose of such images and/or samples is to give an approximate idea of the products described in them. Although we have made every effort to display the colours of the images accurately, we cannot guarantee that your computer’s display of the colours will accurately reflect the colours of the products.
4.2. Due to the nature of wood, some wood flooring finishes can be prone to change of colour and discolouration. That is why 3 Oak does not guarantee the product colour or finish will remain unchanged nor that product discolourisation will not occur over periods longer than 4 weeks. In case you made an order and decided to keep your ordered product at our warehouse for extended periods of time, the colour of your product may change or discolourise.
4.3. 3 Oak cannot guarantee that the colour and/or markings in wood supplied to you will exactly match hand samples seen by you before accepting the terms of this agreement. This is due to wood being a natural product that may vary in markings and sapwood content. The wood flooring batch produced from one tree may differ in colour from that of another tree. Although we will do our best to achieve as “good as possible” match of the product presented to you by 3 Oak.
4.4. Wood is material that naturally expands and contracts through variations of temperature as well as moisture content in the air or surrounding area. 3oak cannot accept liability for damage to wood floor related to expansion or contraction wood after it has been delivered and/or collected by you.
4.5. Wood flooring products sold by our company are custom made, as they are produced to different widths, different thickness, different finishes that involve up to eight (8) processes to achieve that particular tone of the wood, and all of this is made towards customer specification
4.6. Due to the nature of wood flooring products, we cannot guarantee the following:
- The moisture content of the wood flooring products which may vary from batch to batch
- The profiles of tongue and groove which may vary from batch to batch
- The colour and consistency of wood flooring products, which may vary from any samples and change because of the passage of time.
5. Delivery and Collection
5.1. In case you opt out of our delivery service, you must collect the ordered products within 30 calendar days of first being notified by 3 Oak that order ready to be collected. In case the ordered products are not being collected 3 Oak standard storage charges of £50.00 per week will apply thereafter. If you do not collect the ordered products 3 Oak may treat this agreement as terminated and keep the monies you have paid upon the acceptance of this agreement, in addition to its other entitlements for breach of this agreement.
5.2. If you have ordered the Flooring to be delivered to your premises, you will be given a provisional date of delivery upon acceptance of this agreement.
5.3. No delivery will take place until 3oak has been paid in full towards issued invoices.
5.4. In case of absence of order recipient or anyone else (“of whom we must be notified in writing”) to collect and sign for the order on the agreed date of delivery, 3 Oak reserves its right to charge you an additional fee of £60 for the failed delivery. Should the order then be subsequently cancelled, the re-stocking charge of 30% will apply.
5.5. After the flooring has been delivered and/or collected, 3 Oak does not take any responsibility for ensuring the safety of delivered products.
5.6. It is your obligation to perform a quality and quantity check of the products immediately upon the delivery of flooring. In cases of faulty or defective goods, the liability of the seller shall be limited in value to the sum paid for the goods.
5.7. No liability can arise from claims on installed flooring. By having the floor planks installed you accept and confirm the qualities and specifications of the product to be in accordance with your order.
5.8. You must notify 3 Oak in writing within two business days after collection and/or delivery of any claimed defect in the quality of the products.
5.9. The lead-time between the placement of an order and delivery of the flooring from a manufacturer may be anywhere from 2 to 6 weeks.
5.10. The orders are generally delivered anytime Monday through Friday between the hours of 9:00 a.m. and 6:00 p.m.
6. Installation Date
6.1. 3 Oak will give you an Installation date following its sub-floor inspection, to allow for any preparatory work needed for the sub-floor and if needed, the timetable of other workmen working at the Premises.
6.2. If you decided to change the Installation date, you must notify 3 Oak at least 12 days prior to the Installation date.
6.3. 3 Oak will not be liable to you for any loss caused by any change of an Installation date nor will such a change permit you to rescind this Agreement.
6.4. 3 Oak will not be liable for any delay in delivering Flooring to the Premises or any delay in starting Installation for whatever reason.
7.1. In installing or using any goods or equipment supplied by 3 Oak the purchaser shall observe all instructions, directions and warnings issued by 3 Oak or the manufacturer. Details of the flooring installation and wood specification are given in our Flooring Information Pack.
7.2. If you placed the order with 3 Oak to supply and fit the Flooring, 3 Oak will have to carry out a survey of the premises where the installation is to take place. This is required to determine the price of installation and the amount of Flooring required as well as to inform you of any additional work that has to be undertaken prior to the floor installation.
7.3. It is your obligation to check the quotation to ensure that all works you require have been included by 3 Oak in the quotation before you accept this agreement.
7.4. It is your obligation to perform any works that are required or which are necessary according to British Standards or due to poor and/or unacceptable condition of the premises at the time of agreed installation date and which has not been yet included in the quotation.
7.5. During initial inspection 3 Oak will notify you of any additional works that have to be performed the prior installation. The performance of these works will be your personal responsibility. If you delegate these works to 3 Oak you will be invoiced separately and charged an extra fee to your initial invoice for additional services and materials required.
7.6. Important: Defective, damp or un-level sub-flooring will prevent a proper installation. Sub-floors in all areas that flooring is to be installed by 3 Oak must be prepared according to British Standards which are enclosed along 3 Oak’s additional documentation
7.7. If extra sub-floor work is necessary it is your or your appointed contractors’ responsibility to complete any works in relation to Sub-Floor(s) prior to Installation.
7.8. You have may delegate Sub-Floor(s) preparation to 3 Oak for an additional fee or to any other contractor.
7.9. In case you choose a third-party contractor you must notify 3 Oak immediately upon the completion of each level or part of the sub-floor preparatory work so that 3 Oak’s surveyor can inspect and test each level or part of the sub-flooring. Upon the completion Sub-Floor preparatory works it is your or your appointed contractors responsibility to confirm in writing that all component part of the sub-floor that 3 Oak was unable to inspect and test, for e.g. below self-levelling screed, or below underfloor heating systems, or in any other part of the sub-floor to which 3 Oak could not gain an access, were prepared to the according British Standards and professionally tested and is within Moisture/RH tolerances.
7.10. Though 3 Oak will test sub-floor screeds for moisture/RH tolerances as per clause 5.5, 3 Oak will not accept any liability for screeds that fail during or after installation of 3 Oak flooring.
7.11. The room(s) at the Premises must be cleared of all furniture and floor coverings down to the sub-floor before Installation starts. The room(s) must also be clear and remain clear of all other workmen and their equipment during installation in such rooms. The room(s) at the premises in which installation is to be done must have a minimum room temperature of 18°C, humidity levels of between 40 and 60% and be co9mpletly weatherproof. After installation room temperatures must not exceed 24°C, humidity levels must remain between 40 and 60% and the surface of the wood floor must not exceed a temperature of 26°C.
7.12. Important: If 3 Oak attend at your Premises to install the Flooring upon the completion of Sub-Floor preparatory works and 3 Oak surveyor discovers that the Sub-Floor still is not ready or has not been properly prepared, or other workmen are working in any room where the Installation is to take place, or the temperature is too cold, 3 Oak reserves its right to withdraw from this agreement and charge the cancelation fee in the amount £200.00.
7.13. 3 Oak will not be obliged to start the Installation until the sub-floor is properly prepared and completely dry, and the room(s) are cleared from any furniture or equipment and is at the required minimum temperature as well as free from any other workmen in the room.
8. Installation Process
8.1. You agree to provide 3 Oak throughout the Installation with an easily accessible electric power source.
8.2. If you are responsible for any interruptions or delay which prevents or hampers Installation by 3 Oak and which in total exceeds 4 daylight hours, 3 Oak may recover the cost of its personnel wasted time at the rate of £200 per day or part day that the interruptions or delay occurs or continues.
9. Acceptance of the Installation
9.1. You (or your duly appointed agent/contractor) must be present on the day 3 Oak completes the Installation to accept the installed Flooring.
9.2. 3 Oak will not be liable to you for any surface damage to the Flooring unless caused by 3 Oak after installation has been completed.
9.3. If you or your duly appointed agent/contractor are not present to sign the acceptance form on completion of installation, the installation will be deemed legally accepted.
10.1. Important: 3 Oak’s guarantee only applies to Floor installed by 3 Oak personnel.
10.2. 3 Oak guarantees for a period of 25 years from completion of the Installation that the Flooring installed by 3 Oak for use in the domestic environment will not wear through the hardwood layer PROVIDED you follow strictly 3 Oak’s guidance on maintaining the Flooring. Important: This guarantee will lapse if the Flooring is sanded or scraped during the period of the guarantee.
10.3. 3 Oak’s guarantee does not cover normal wear, mechanical damage, or damage caused gouges, scratching, moving of furniture, dropped objects, animals or insects.
10.4. 3 Oak’s guarantee will not cover contraction, expansion or damage to the Flooring caused by either extreme changes in room temperatures of humidity levels, spillages, leakages, or damp.
10.5. 3 Oak guarantees that floors installed by their appointed installers are correctly installed. 3 Oak will not be liable for any problems found with floors that have not been installed by 3 Oak’s appointed installers during or after installation.
10.6. 3 Oak’s liability under this guarantee is limited to supplying sufficient Flooring from its then current stock and replacing that part of the Flooring which has worn out.
10.7. 3 Oak’s guarantee does not affect your statutory rights.
11.1. All returns must be made within 14 days of receipt of your order. Please note that restocking fee of 30% may be applied at the discrepancy of 3 Oak.
11.2. All goods returned must be received in the same condition as dispatched and in the same original protective delivery packaging. The cost of returning the products will be borne by the client.
11.3. All credits will be processed within 28 days. Any refunds will be paid within 30 days.
11.4. The delivery charge element is not refundable.
11.5. We do not accept part order returns. We will accept complete order returns. We cannot accept returned goods if they are no longer saleable.
11.6. Under “Consumer Contracts Regulations 2013”, most products bought over the telephone, by mail order or by exchange of emails you have a legal right to change your mind within 14 days and receive a refund. Unlike the most products, our wood flooring products are custom made and produced specifically for customer’s specification, which is why we do not accept returns for wood flooring products.
11.7. Your rights are explained in more detail in “Consumer Contracts Regulations 2013” that can be found at the following link http://www.legislation.gov.uk/uksi/2013/3134/contents/made.
12. Acceptance of “Terms and Conditions”
12.1. All contracts subject to these Conditions between 3 Oak and the Buyer shall be subject to and interpreted in accordance with English law and the Buyer hereby agrees to submit to the non-exclusive jurisdiction of the English Courts in respect of all claims, disputes or differences arising out of or in connection with any such contract.
12.2. The date of acceptance is the date of this agreement is the issue date of the invoice sent along with this agreement.
12.3. By making part of the full payment for 3 Oak’s issued invoice you confirm that you read, understood and accepted all of the terms and conditions mentioned herein and above.