Standard Terms and Conditions (these Terms) of Cornelius Beaumont Limited as at March 2025

These Terms will apply to any contract between the Company for the sale of Goods to the Purchaser. Please read these Terms carefully and make sure that the Purchaser understand them, before ordering any Goods from the Company’s site.  Please note that before placing an order the Purchaser will be asked to agree to these Terms. The term Goods includes all Goods listed on the Company’s site including, without limitation, hardwood flooring (Flooring). Some of the Terms relate to Flooring only, in which case the Company will specifically refer to Flooring.

1. INTERPRETATION

1.1 In these conditions “Company” means Cornelius Beaumont Limited of Hankerton Priory, Hankerton, Malmesbury, England, SN16 9JZ.

“Contract” shall mean the Contract, comprising these Terms, for the supply of Goods and Services.

“Contract Price” means the price provided to the Purchaser detailing the Goods to be supplied by the Company and the price to be paid by the Purchaser for those Goods;

“Purchaser” shall mean the Consumer submitting an Order for Goods and Services, named on the Order Confirmation and shall include their executors, administrators and assigns.

 “Goods” shall mean the Goods required by the Purchaser and shall be exclusively detailed in the attached invoice, and any descriptions applying thereto shall be core terms and shall exclude any additional Goods which shall be chargeable in addition to the price given in the invoice.

“Order” shall mean the Order by the Purchaser for the Goods and Services accepted by the Company.

“Services” shall mean the Services relating to the installation of the Goods.

1.2 The headings are for convenience only and do not affect interpretation

2. BASIS OF THE SALE

2.1 Where Goods only are supplied under the Contract those Goods are sold by the Company to the Purchaser on the terms contained in the Sales of Goods Act 1979 except as expressly varied by the Sales Invoice and or by these Terms;

2.2 Where Goods are provided and installed under the Contract, the Goods are provided on the terms contained in the Supply of Goods and Services Act 1982 except as expressly varied by the Sales Invoice or by these Terms.

2.3 No change may be made to the Contract unless agreed in writing by the Company.

3. ORDERS AND PAYMENT

3.1. The Order shall be detailed on the invoice attached to these Terms. Once the Order has been completed by the Purchaser and received by the Company, the Order shall be deemed to have been accepted by the Company.

3.2 in relation to Flooring:

3.2.1.  Initial Payment.
i. In the case of delivery of the Goods only, upon creation of the Contract (which for the avoidance of doubt, shall mean the date upon which the Purchaser orders the goods) the Purchaser shall pay to the Company an initial sum (Initial Sum) which shall be the sum equivalent to 60% of the price (Contract Price) stated on the Order; and
ii. In the case of delivery and installation of the Flooring, the Purchaser shall pay to the Company an Initial Sum equivalent to 50% of the Contract Price.

3.2.2. The balance of the Contract Price and any payments under clause 7.2 shall be paid on delivery of the Goods.

3.2.3. Time is of the essence for payment and interest shall begin to accrue on the outstanding balance from 14 days after invoice at 4% over the base lending rate of HSBC Bank Plc.

4.    CANCELLATION

4.1. Notice of the Right to Cancel – Flooring

4.1.1.    The Flooring is bespoke and made-to-measure to the Purchasers requirements. As such they fall into the category of tailor-made products within the Consumer Contracts Regulations and hence the Purchaser will not be able to cancel the Order once placed (subject to clause 4.2 below). This will not affect the Purchasers legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.

4.2. Notice of the Right to Cancel – Non-bespoke Goods

4.2.1.    The Goods (rugs, carpet tiles, wall and floor coverings) are not bespoke. As such they do not fall into the category of tailor-made products within the Consumer Contracts Regulations and hence the Purchaser has the right to cancel the Contract within 14 calendar days of the order being placed, without giving reason.

4.2.2.    If the Purchaser specifies at the time that the Order is placed, that they want to overrule clause 4.2.1. above, and instruct the Company to arrange for the immediate ordering and fitting of the Goods in the Order, to avoid having to wait at least 14 calendar days before ordering the Goods can commence, then this will be noted in the Order and be signed by the Purchaser at the time the Order is placed.

4.2.3.    Subject to clause 4.2.1 and 4.2.2 above, the cancellation must be received from the Purchaser by email to [email protected] or by post to: [insert address] The notice of cancellation is deemed to be served from the day it is given to the Company via the email address or over the telephone number detailed in this clause. A cancellation form is attached for ease of reference.

4.2.4.    If the Purchaser cancels the Contract, the Company will reimburse to the Purchaser all payments received from the Purchaser with respect to the Order that has been cancelled.

4.2.5.    The Company will make the reimbursement without undue delay, and not later than after the end of the day after which the Company are informed about the Purchaser’s decision to cancel the Contract.

4.2.6.    The Company will make the reimbursement using the same means of payment as the Purchaser used for the initial transaction, unless the Purchaser has expressly agreed otherwise; in any event, the Purchaser will not incur any fees as a result of the reimbursement.

4.2.8. The Purchaser warrants to the Company that the Purchaser i. has the right to Contract with the Company to supply the Goods and Services at the premises where they are to be delivered to and installed; and ii. will supply the Company with such information, rights of access, and mains electricity that may reasonably be required by the Company in order to deliver the Goods and perform the Services and/or check the Goods.

4.3 Cancellation by the Company

4.3.1. The Company reserve the right to cancel the Contract at any time prior to notification of the Purchaser that the Goods are ready for delivery if it is unable to fulfil the order. In this event the Company’s only liability is to refund any Initial Payment or advance payment paid by the Purchaser.

4.3.2. The Company may cancel its agreement by notice in writing to the Purchaser if the Purchaser are in breach of the Contract, the Purchaser become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against the Purchaser alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of the Contract which has been cancelled shall become immediately due and payable and the Company shall be under no further obligation to provide Goods or Services to the Purchaser, provided that where the Purchaser have paid for Goods and Services in advance of the Company’s cancellation of the Contract, the Company shall, at the Company’s discretion, supply those Goods and Services to the Purchaser or cancel the provision of the same and refund the price the Purchaser paid.

5. SPECIFICATION (FLOORING ONLY)

5.1 The Company may make and changes to the specification of the Flooring without notifying the Purchaser in so far as such changes of specification do not materially affect the appearance or quality of the Flooring.

5.2 If the Company seeks to change the specification of the Flooring and such change in specification shall materially affect appearance or quality of the Flooring then the Company shall notify the Purchaser of the proposed changes and the Purchaser shall have the option to rescind the contract by notice within 7 days and the Company shall in that event return the Initial Payment in full.

6. DELIVERY (FLOORING ONLY)

6.1 The Company will notify the Purchaser once the Goods are ready for delivery.

6.2 Any dates quoted for delivery of the Goods are approximate only and whilst the Company will use its best endeavours to meet any delivery dates quoted it shall not accept any liability for delay or failure to meet delivery dates quoted.

6.3 If the Goods are to be delivered in instalments the preceding two paragraphs apply to each instalment.

6.4 Delivery and installation of the Goods is on the basis that convenient parking and access to the premises is available.  If parking charges apply these will be payable by the Purchaser immediately on receipt of an invoice from the Company.

6.5 If the Goods cannot be delivered due to the Purchaser’s failure to provide access or due to the Purchaser’s failure to take delivery when tendered the Purchaser shall pay the reasonable storage and redelivery costs and charges of the Company.

6.6 If the Purchaser will not accept delivery within 3 weeks of being notified that the Goods are ready the Company shall treat the Purchaser’s failure to accept delivery as cancellation of the Contract by the Purchaser.

 [ Whilst the Company will do the Company’s best to deliver to the majority of the United Kingdom and most EU countries, the Company reserve the right to refuse an Order if the Company’s carrier cannot deliver to the Purchaser’s location or if the Company’s estimated cost of carriage is more than the delivery charge itemized on the Order.

7. INSTALLATION (FLOORING ONLY)

7.1 If the Contract is for the supply and installation of the Goods then the Purchaser shall specify whether they will clear the rooms in which Goods are to be installed and leave a flat smooth surface for the Goods to be installed upon by the Company or if the Purchaser requires the Company to clear the relevant rooms prior to installation. If the Company is required to clear rooms prior to installation they will charge to the Purchaser all reasonable fees for furniture or other items’ removal and uplift and disposal.

7.3 In the case that the Company is engaged to move furniture on the Purchaser’s behalf the Purchaser is still required to move small, valuable, breakable and electrical goods. Whilst every care is taken whilst moving furniture the Company cannot be held responsible for any damage that may occur whilst items are moved.

7.4 If the Company has not been asked to quote for furniture or any other items present at the site in which the Goods are to be installed to be removed in advance of installation, but on the day of installation it is necessary for the Company and/or agents to move furniture then the Company reserves the right to make a charge to the Purchaser for all reasonable cost and expenses involved in the clearance of such site.

7.5 It is assumed that the surface upon which the Goods are to be installed is flat and firm and free from damp or defect. The Company cannot be responsible if such surface requires treatment or repair and if required by the Purchaser before installation of the Goods then such treatment or repair shall be the responsibility of the Purchaser. The Company reserves the right to cease installation until it deems the surface to be suitable for the installation.

7.7 The Purchaser must keep the surface upon which the Goods are to be installed in a constant environment before installation, specifically at a temperature of between 16-27C.

7.8 All areas must be clear of other trades or their equipment so installation may proceed with continuity.

7.9 If the Purchaser wishes to re-schedule an installation appointment the Purchaser shall give the Company a minimum of one weeks’ notice. If one weeks’ notice is not given to the Company then 50% of the installation fees shall still be payable by the Purchaser in relation to the cancelled appointment, or 100% if within 72 hours of the fitting date. The full installation fees will then also apply for the rescheduled appointment.

8. RISK AND PROPERTY (FLOORING ONLY)

8.1 Risk of damage to or loss of the Goods passes to the Purchaser on delivery of the Goods.

8.2 Property of the Goods shall pass to the Purchaser when the Company has received cleared funds payment in full of the Contract Price.

8.3 Until property in the Goods passes to the Purchaser a) the Purchaser holds the Goods as the Company’s bailee and must keep the Goods properly stored, protected and insured and b) the Company may at any time require the Purchaser to deliver up the Goods to the Company.

9. LIABILITY

9.1 The Company cannot accept any liability for incorrect measurements or specifications provided by the Purchaser.

9.2 Any claim by the Purchaser which is based on any defect or failure in the Goods or in the provision of services in respect of the Goods shall be notified to the Company in writing within 7 days of the date of delivery;

9.3 The Company accepts no liability in respect of incorrect installation; shortage or oversupply where such is due directly to the Purchasers’ own measurements being incorrect. Purchasers are therefore reminded to check measurements or ask the Company to do so prior to the Order being placed. Unless the Company has measured the area, the Company are not liable for any product that has been bought or measured incorrectly.

9.4.  The Company only supply the Goods for domestic and private use. The Purchaser agree not to use the Goods for any commercial, business or re-sale purposes, and the Company have no liability to the Purchaser for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.5. Subject to clause 9.1 and clause 9.2, the Company’s total liability to the Purchaser in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the Contract Price.

9.6. Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by the Company in any Order or otherwise is a best estimate only and the Company will not be liable to the Purchaser for any loss or damage (including for the avoidance of doubt any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time related to a cancelled or delayed installation appointment) sustained by the Purchaser if the Company fails to meet that time scale because of circumstances beyond the Company’s reasonable control.

9.7. Whilst every attempt will be made by the Company to ensure that the Goods supplied match in every respect any samples shown or description given to the Purchaser, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle the Purchaser to reject the Goods, nor to withhold or reduce payment of the Contract price, nor claim any compensation for such variation or change.

9.8. Wood is a natural product and as such variation in colour and appearance from any sample supplied may occur and shall not constitute a breach of this contract. Similarly the colour and appearance of wood flooring may change over time and the Company will bear no liability for this unless such variation being beyond the natural wear and tear of the product can be directly attributed to some default of the Goods or default of the installation of the Goods by the Company.

9.9. Nothing in this Contract excludes or limits the Company’s liability for: death or personal injury resulting from the Company; liability for damage to property or injury to persons under the Consumer Protection Act 1987, fraud, or any other matter that the Company cannot by law exclude or restrict.

10.    WARRANTIES FOR THE GOODS AND SERVICES (FLOORING ONLY)

10.1. All warranties provided apply to the installation address and Purchaser only. The warranty is not transferable to any subsequent address. The Purchaser should retain their sales Order to identify their purchase in the unlikely event of needing to claim under the warranty.

10.2. Any warranty provided is subject to terms available upon request and is provided entirely by the manufacturer. These Terms should be read in conjunction with the warranty terms. Any warranty provided with the Goods is limited to the extent of the warranty provided by the manufacturer/importer, and to the length of such warranty. Purchasers are reminded to complete all warranty cards/documents within seven days of installation where appropriate. No other warranty or guarantee is given with the Goods.

10.3.  Any manufacturer’s warranty does not cover appearance change, fading, damage or wear due to abuse, misuse or poor maintenance, and may not be valid in the event of incorrect cleaning, use of solvents or chemicals which cause deterioration, damage caused by professional cleaners or others who attempt such cleaning or spillage or other environmental conditions which prevail.

10.4. The manufacturer’s warranty applies only to Goods as originally installed and will not apply to those which have been altered or already replaced under the terms of the warranty.

10.5. The Company reserve the right to have alleged defects with the Goods inspected by manufacturers or importers so as to assess the nature and cause, particularly where the defect complained of is of an unusual nature and could benefit future production. The Company also reserves the right to inform manufacturers and/or importers of developing faults.

10.6. The Company will supply the Services under this Contract with reasonable skill and care and in accordance with the specification set out in the Order which the Company has provided to the Purchaser for those Services.

10.7. Whilst every attempt will be made by the Company to ensure that the Goods supplied match in every respect any samples shown or description given to the Purchaser, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle the Purchaser to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.

10.8.    The Company warrant that, subject to condition 6.12, should any defect in material or workmanship occur within the relevant warranty period (noted in condition 10.2 above) after the date of delivery and installation of the relevant Goods, the Company will arrange with the Purchaser to examine the Goods and, if the company finds that the Goods are defective, the Company shall either repair or replace the defective Goods free of any charge for labour or materials (always providing that the Goods have not been subject to any mis-use or modification).

10.9.  The warranties provided in this condition 10 shall not apply: in relation to fading/discolouration caused by fair wear and tear; and/or where the relevant fault or defect has been caused by the Purchaser’s misuse and/or neglect of the Goods; and/or by accidents caused while the Goods are in the Purchasers possession.

11. GENERAL

11.1 Notices to be given by either party to the other must be in writing. Notices to the Company shall be addressed to their company address or other address as notified to the Customer or to such email address as provided by the Company. Notices to the Customer shall be addressed to the delivery address or such other address as notified to the Company or to such email address as provided by the Customer.

11.2 The Company may at its discretion procure the performance of any of its obligations or the exercise of any of its rights under the Contract by or through any subcontractor where appropriate.

11.3 If any provision of the Contract is held by any competent court to be invalid or unenforceable then that provision shall be deemed severed from the Contract and the remainder of the Contract shall remain binding and in force.

11.4 This contract is between the Purchaser and the Company. No other person shall have any rights to enforce any of its terms.

11.5. The Contract is the entire agreement between the parties and no other terms shall be deemed to be incorporated into the Contract unless agreed in writing between the Company and the Customer.

11.6. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).