OVERVIEW

Colourbank 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. They can be viewed at any time by clicking the Terms and Conditions link at the foot of each web page.

By purchasing through this website, you are entering into a legally binding contract with us. This means that both you and we have rights and obligations. If you are unsure of your rights and obligations now or at any time during the contract, please seek independent advice. If you are under the age of 18, you may use the website only with the involvement of a parent or guardian.

Colourbank 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 Colourbank 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 [email protected]. 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. To find out more, see our Privacy Notice and Cookie Policy.
We may provide information about product availability for products we sell on the website, including during the Order process, but we do not warrant that the products listed on the website will be available.
Acknowledgement of your Order is not a guarantee by us of the availability of the products.
We do our utmost to ensure that all our web prices and descriptions are accurate and up to date, but on rare occasions, it is possible that errors may occur. Our team will check the details of your order and if we find that there is a pricing or other error, we will notify you as soon as possible and give you the choice to proceed with your order at the correct price/specification or to cancel your order and obtain a full refund. If we do not receive a response to this notification within 7 days, we will cancel the order and issue a refund of your payment.
If you have provided your own measurements, you are responsible for these being accurate and Colourbank accepts no liability if the floorcovering 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 floorcovering is fitted.

Liability

While we try and get things right first time, occasionally things don’t go according to plan. Subject always to your statutory rights, if your floorcovering is not of satisfactory quality or is not fit for a purpose which was made known to us, we will replace any defective floorcovering and arrange for the defective floorcovering to be collected and disposed of.
If there is an issue with the fitting that we arranged in accordance with the agency agreement referred to in these terms and conditions, we will ask the relevant fitter to return to your property to complete any necessary corrective work. Any contract for fitting is between you and the fitter.
This does not affect your statutory rights.
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 Colourbank 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 Colourbank 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 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. If the expected delivery time is likely to, or does, exceed 30 days you will be entitled to cancel your order if you wish and receive a full refund, unless we have advised you of a longer timescale and you have agreed to it.
Please make sure the products you receive are the ones you ordered, are the right size and color, 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.

Fitting (floor coverings)

If you wish us to arrange for your floorcovering to be fitted, you appoint us as your agent to arrange the fitting of your product. There is a fee payable for us to act as your agent. Alternatively, you may make any other arrangements for fitting the product yourself. We will take reasonable care to identify a fitter we believe is suitable to fit the products you have purchased from us and liaise with you and the fitter to arrange a suitable date. You authorise us to enter an oral contract for fitting of your product(s) (and collect of your current products if you have chosen this option) with independent self-employed fitters in your name and on your behalf. The contract for fitting will be under a separate agreement between you and the fitter. You must pay the fitter for the fitting services on completion of the fitting, unless the fitting is taking place on different occasions, in which case you must pay the fitter for the work completed on each occasion (for example, if a lounge, hall, and dining room carpet are fitted in months 1, 2 and 3, as part of a home refurbishment, you must pay the fitter the relevant proportion of the fitting charge upon completion of fitting each room).
If free fitting is included, the provisions (above) still apply, but we will pay the fitter on your behalf unless the terms of any free fitting are different, in which case those terms will apply instead.
We retain full responsibility for the products and services we supply, and the fitter is responsible for the standard and quality of, and any liability arising from, delivery and/or installation. Payment for the fitting is made directly to the fitter on the day your order is fitted.
The charges quoted are for the products shown on the order only. If you require additional fitting services these can be agreed with the fitter in advance and quoted for separately.

Collect and disposal
If you have opted for the ‘collect and disposal’ service, the fitter, under the contract between you and the fitter, will remove your old flooring and all offcuts and packaging from your new flooring. Even if you have paid for the service, the fitter will only carry out this work if the floorcovering is not soiled and there is no health and safety risk to the fitter in respect of the product being collected. If you have decided not to opt for this service, it is your responsibility to uplift your existing flooring prior to your fitters’ arrival. Your fitter will then bag up any offcuts from your new flooring and leave them for you to dispose of. If you would like to keep any offcuts, please advise your fitter upon arrival at your home. Please ensure that furniture and contents are cleared prior to the fitting date to avoid any delays or inconvenience with your fitting.
We expect self-employed floorcoverings installers to cover the cost of travel up to a 30 mile round trip from the store to the installation address. There may be additional charges for longer distances, difficult parking restrictions or unusual requests e.g. ferry crossings. These charges will be payable to the fitter.

Door trimming
Depending on the depth of your preferred floorcovering, doors may need to be trimmed to allow clearance. This is not part of the fitting work unless this has been specifically agreed. Fitters may remove doors to facilitate fitting and have them ready for you or your appointed carpenter to carry out the trimming and re-hanging. If you have fire doors, external doors or non-wood doors that require trimming, this will need to be carried out by a specialist carpenter and this is not a service which Colourbank will either carry out or arrange. We are also unable to remove, or arrange the removal of, any fire doors or external doors so arrangements must be made prior to the fitting date to avoid any delays.

Appointment times and dates
Fitting appointments are made in good faith, but due to the nature and unpredictability of the work involved, exact arrival and duration times cannot be guaranteed. Fitting appointments are only estimates. We cannot accept liability for delayed arrival of the fitter.

Damage and scuff marks
Fitters undertake to carry out their work with reasonable skill and care, but even with the greatest care home décor may be marked or scuffed during the fitting process. New paintwork and wallpaper is especially vulnerable and should be allowed to fully dry. A minimum of two weeks is recommended. Neither Colourbank nor any fitter undertake to carry out any redecoration, except where damage has been caused by that person’s negligence.

Subfloor
Our home flooring surveyor and subfloor preparation
Any free survey that needs to be completed will only be done, and we will only be held accountable, if the product being installed is ultimately purchased from us.
If you have asked a Colourbank home flooring surveyor to visit your home and check the suitability of a particular product to be supplied by us for your flooring, the survey is limited to checking what is physically visible without lifting existing floor coverings. If you would like the entire subfloor checked, it is your responsibility to lift the existing floorcoverings prior to inspection. Following inspection, we will advise of any works that may be necessary prior to the installation of your product as revealed by the survey of the subfloor. You can then decide whether you wish for a fitter recommended by us to carry out any subfloor preparation under a separate agreement between you and the fitter, or whether you wish to arrange to carry out any appropriate works yourself.
If you elect to carry out any subfloor preparation works, it is your responsibility to ensure that the works are completed to an appropriate standard in accordance with the manufacturer’s instructions for the product(s) used and all relevant British Standards. You will need to provide the store arranging the fitting with evidence that this has been completed prior to the fitter attending to fit the floorcovering.

Quotations and fitting
All estimates and orders are based on the assumption that the subfloor can be used to install the flooring you have chosen without the need for additional work. Making sure this is the case is your responsibility. We can carry out a free home flooring survey. Any fitter recommended by us will fit the product on your subfloor as it is when he or she arrives to fit the floorcovering unless you have asked us to arrange for any works to be carried out to your subfloor. If any damage is caused to the product as a result of your subfloor being inadequate, all costs associated with remedying the subfloor and replacing any product are solely your responsibility unless we carried out a survey.

Cancellations and returns

Floorcoverings
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
Colourbank does not offer the opportunity to cancel an order placed. Colourbank 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 without hesitation.
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.

After sales service

If you require any help or are not satisfied after you have made your purchase, please contact us. This should initially be directed at the retailer who is or has already completed the fulfillment of your order for floorcoverings. It is crucial that you let us know right away if you are dissatisfied so that we can quickly make things right.

Data protection

Colourbank takes 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: 0116 276 76 60
Email: [email protected]
Address: Customer Service Colourbank. 45 Crest Rise Leicester, LE4 9EX.

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 Novuna. Novuna 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 Novuna’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: [email protected]

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

Company information
JBJ Midlands limited
t/a Colourbank
Registration No: 5370331
VAT number: 620189558
Registered office 30 Nelson St Leicester LE1 7BA