Lumber Liquidators Website Terms & Conditions for Sales in the United Kingdom
This page (together with the documents referred to on it) explains to you the terms and conditions upon which we supply our products ("Products") listed on our website www.lumberliquidators.com ("Website") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Any use of this Website or purchase or order of any Products is subject to these terms and conditions and if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Information about us
1.1 We operate a site at www.lumberliquidators.com. We are registered in USA with our registered office at Lumber Liquidators, Inc., 3000 John Deere Rd, Toano, Virginia 23168.
We are listed on the New York Stock Exchange under the symbol "LL".Your status
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts; You are at least 18 years old; and You are resident in one of the Serviced Countries.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.Consumer rights
If you are contracting as a consumer, you may cancel this purchase agreement at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products less the costs of recovering or returning the Products to us in accordance with our refunds policy (set out in Section 9 below).
To cancel, you can e-mail us or write to us (see Contacting Us Section 18 below for details) within seven (7) working days of delivery of your item(s), quoting your order number. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to refuse return of Products and we may have a right of action against you for compensation.
You will not have any right to cancel a Contract for the supply of any Products which have been personalised or manufactured to your required specification.
Availability and delivery
5.1 Measurement and Quantity: Flooring is sold by the box/bundle. The actual square footage may differ when rounded to the nearest box/bundle size. You are responsible for site measurements and providing the correct quantity required. You will be charged for the actual footage shipped. We accept no responsibility for measurement errors.
5.2 Delivery/Lead Times: All delivery dates are estimates and you should not schedule installation of the Products until you have received them. Unless alternative arrangement are made and paid at the time of the order is placed, all deliveries to the United Kingdom will be made to the following address (the "Delivery Location"):
UK SO16 OYT
Tel: 00 44 2380 741515 - Fax: 00 44 2380 740427
Attention of Mr. J Stark - Inport Manager
5.3 Pick-up: You must arrange for pick-up from the Delivery Location at your own cost and expense. The Delivery Location will hold the Products without cost and expense for five (5) days after notice of its arrival has been given to you. Products left at the Delivery Location for more than five (5) days after notice of its arrival has been given to you will incur storage charges. Product left at the Delivery Location for more than thirty (30) days after notice of its arrival has been given to you, shall be considered abandoned and we shall not be responsible for any loss or damages to your Products as a result of your failure to collect the Products within the time limits set out.
5.4 Our Right to Cancel an Order: We reserve the right to cancel an order if we are unable to transport the Products to the Delivery Location using our standard means of transportation. In such cases, you may make arrangements with us for a direct shipment of the Products for an additional delivery charge.
5.5 Product Availability: Product availability can change at anytime. Lumber Liquidators, Inc. does not guarantee availability. Sale items are sold on a first-come, first-served basis. Please allow two (2) days for online processing of orders.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
The price of our Products will be as quoted on our site from time to time, except in cases of obvious error. Prices are in U.S. dollars, and so currency fluctuations may vary the final price. You are responsible for paying all duties and taxes, including the Value Added Tax (VAT), relating to or stemming from the purchase or transportation of the Products.
If you order Products from our site for delivery outside the USA, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
In connection with your order, you will be charged an International Handling and Service Fee of $100.
Prices are liable to change at any time, but changes will not affect orders for which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Products' correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Products, or reject your order and notify you of such rejection.
We are under no obligation to provide the Products to you at any incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card.
8. Installation / Inspection
8.1 You are responsible for final inspection as to grade, colour, finish defects, and other quality issues. Any concerns regarding the Products must be notified to us immediately upon receipt of the Products. Do not install defective Products. Use constitutes acceptance. We accept no responsibility or liability for installer error or negligence.
8.2 You should allow flooring to acclimate in the installation area for a minimum of 3-7 days before you fit or install the Products. Prior to installation, you are solely responsible for determining the acceptability of the moisture levels in both the Products and any subfloor area. Failure to comply with this requirement may mean that the Products will fail to meet your requirements or could become damaged and we accept no liability or responsibility in this instance.
9. Our refunds & Exchanges policy
When you return a Product to us:
because you have cancelled the Contract between us within the seven-day cooling-off period (see Section 4.1), we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
for any other lawful reason (for instance, because you have notified us in accordance with Section 16 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Products and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you via e-mail that you were entitled to a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.
Our liability for losses you incur as a result of our failure to comply with our obligations or liability under this Contract is strictly limited to the purchase price of the Products you purchased. Your sole remedy for manufacturer's defect is replacement product.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;Under Section 2(3) of the Consumer Protection Act 1987; or For fraud or fraudulent misrepresentation.
We are not responsible for indirect losses or damages which you may suffer as a result of entering into a contract with us, including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
loss of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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 our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section 11 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the contract for the purchase of our Products and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Our right to vary these terms and conditions
We may revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods or changes in relevant laws and regulatory requirements.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Dispatch Confirmation).
Law and jurisdiction
The Contract for the purchase of Products through our Website will be governed by the laws of the State of Virginia, USA. You hereby consent to the jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in James City County, Virginia, USA in disputes arising out of, relating to, or concerning the purchase of Products through this Website. We reserve the right to enforce our rights against you in any relevant jurisdiction in the event that you fail to comply with any of these terms.
18. Contacting Us
If you have any questions about this Contract, please contact us at www.lumberliquidators.com or write to us at the following address:
Lumber Liquidators, Inc.
Attention: Internet Customer Service
3000 John Deere Rd.
Toano, VA 23168
Although Lumber Liquidators will in most circumstances be able to receive your e-mail or other information provided through our Website (including, without limitation, service requests and other submissions), Lumber Liquidators does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
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Lumber Liquidators is a registered trademark of Lumber Liquidators, Inc.