1. These terms.
1.1 What these terms cover.
These are the terms and conditions on which we hire carpets and blinds to you.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these, please contact us to discuss.
2. Information about us and how to contact us.
2.1 Who we are.
We are Pay Weekly Limited a company registered in England and Wales. Our company registration number is 9531457 and our registered office is at Unit 4, Mandale, South St, Keighley, BD21 1DB. Our registered VAT number is 244174124.
2.2 How to contact us.
You can contact us by telephoning our customer service team at 01535 609200 or by writing to us at firstname.lastname@example.org.
We may record telephone calls from time to time to assist with training. When this happens no prior warning is given. The recordings, which are retained only for a short time, are kept confidential.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you.
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products.
4.1 Products may vary slightly from their pictures and samples.
The samples of products you have seen and the images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations and we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those samples and images.
The samples provided to you are intended to give a general impression of the colour and pattern. When seen in a larger area some patterns and random blends of yarn can have an inherent striped effect, or additional patterns and colours which may not be obvious from the sample. Colours vary from batch to batch and exact matching between separate pieces cannot be guaranteed.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown in images in our brochure and on our website.
5. Your rights to make changes.
If you wish to make a change to the product you ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead.
If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9).
6. Our rights to make changes.
6.1 We may change the product to reflect changes in relevant laws and regulatory requirements
7. Providing the products.
7.1 When we will provide the products.
Estimated delivery and/or installation dates are given in good faith but are not guaranteed times and should not be relied upon.
7.2 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.3 If you are not at home when the product is delivered.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
7.4 If you do not re-arrange delivery.
If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 11.2 will apply.
7.5 If you do not allow us access to provide services.
If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 11.2 will apply.
7.6 When you become responsible for the goods.
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us. You shall insure the products with a reputable insurance company in respect of accidental damage, theft, storm and flooding.
7.7 When you own goods.
You are entering into a hire agreement with us, and as such will never own a product that you hire from us. You acknowledge that we remain the owner of such products.
You agree not to use the products as security for a loan or other form of credit. You agree not to hire or sell the products to anyone else or otherwise dispose of them.
7.8 Checking the products on delivery.
Please check that the products you receive are the ones you ordered, the correct colour and size, and that they are examined for apparent faults or damage at the time of delivery and before installation/assembly. If on inspection you have any doubts please contact us immediately.
7.9 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you. If so, this will have been notified to you before you placed your order.
We will contact you in writing to ask for this information.
If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
update the product to reflect changes in relevant laws and regulatory requirements;
to implement minor technical adjustments and improvements;
make changes to the product as requested by you or notified by us to you (see clause 6);
7.11 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.
If we have to suspend the product we will adjust the hire payment so that you do not pay for products while they are suspended.
You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 3 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.12 We may also suspend supply of the products if you move the product or do not pay.
See also our Debt Recovery Policy for other action we will take for non-payment.
a) Carpets and Blinds
If you do not pay us the hire payments for the products when you are supposed to, and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts.
We will contact you to tell you we are suspending supply of the products.
If the blinds have been ordered, we reserve the right to apply charge for any missed payments or cancellations.
b) Electrical Goods
Our electrical goods are fitted with technology that will immediately prevent the item from being switched on should you attempt to move it or do not pay on time. You will not receive any notice of this happening.
To reactivate the item(s), contact us to resolve the cause.
8.1 We do not fit the products. We act as agents for independent self-employed floorcoverings installers and can arrange for one of these to deliver and/or fit your purchase under a separate agreement between you and them.
We regularly assess the quality of work undertaken by our recommended fitters and ensure they have the necessary credentials to represent us. We retain full responsibility for the products and services we supply and the deliverer/installer is responsible for the standard and quality of, and any liability arising from, delivery and/or installation.
8.2 Fitting costs.
Any fitting costs are payable in cash to the fitters on the day and do not form part of your agreement.
The fitting cost for the products shown on your Hire Agreement will be quoted to you in advance.
8.3 Removal of old floor coverings and moving furniture.
Please ensure that room contents are cleared prior to the fitting date to avoid any delays or inconvenience with your fitting.
8.4 Doors may need to be trimmed to allow clearance over the carpet.
This is not part of the standard fitting charge unless agreed in advance. 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 that require trimming, this will need to be carried out by a specialist carpenter and this is not a service provided by us. We are also unable to remove fire doors and so arrangements should be made prior to the fitting date.
8.5 Fitting appointments.
Fitting appointments are made in good faith but the exact arrival and duration times cannot be guaranteed due to the nature and unpredictability of the work involved. We cannot accept liability for delayed arrival, but you can be assured that the fitters will complete your work even if it exceeds the expected time allocation.
8.6 What if your property is damaged?
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 we nor any fitter undertake to carry out any redecoration.
We will not be under any liability apart from those obligations imposed by statute which cannot be excluded, to You in respect of any injury, loss or damage of whatever kind and however caused whether direct, indirect or consequential arising out of the provision, use, installation, removal, replacement or repair of the Goods/Equipment. You are advised to therefore take out insurance in respect of all such matters.
9. Your rights to end the contract.
9.1 Ending your contract with us.
Your rights when you end the contract will depend on what you have hired, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back) (see clause 12);
(b) If you want to end the contract because of something we have done or have told you we are going to do (see clause 9.2);
(c) If you have changed your mind about the product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods (see clause 9.3);
(d) In all other cases (if we are not at fault and there is no right to change your mind) see clause 9.4.
9.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided.
The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.1);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products under clause 7.10(a), or notified you we are going to suspend them under clause 7.10(a) in each case for a period of more than 1 month; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late under clause 7.1).
9.3 Ending the contract where you have a right to change your mind (Consumer Contracts Regulations 2013).
For most products bought off-premises you have a legal right to change your mind and receive a refund.
You have 14 days after the day you (or someone you nominate) receives the goods.
These rights, under the Consumer Contracts Regulations 2013, are explained in clause 12.
You do not have a right to change your mind in respect of services after these have been completed, even if the cooling-off period is still running.
Any deposits or fees paid to the company and or representatives will not be refunded. The initial fee paid to the rep is ONLY refundable by the rep themselves (At their discretion) – this is not Pay Weekly Ltd’s duty to refund this.
We reserve the right to charge admin fees for any missed payments, fitting date cancellations (Cancelled by customer) or cancellations of the account, this is usually 25% of what has been paid.
9.4 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 9.3), you can end your contract in the following circumstances:
After completing the minimum hire period shown on your Hire Agreement, you may give us one month’s notice to end the contract. The minimum hire period can include the one month’s notice.
The contract will not end until 1 calendar month after the day on which you contact us, and you must pay any amounts owed to us until this date. We will refund any payment you have made for products after the contract end date.
For example, if you tell us you want to end the contract on 4 February, we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
Before completing the minimum hire period shown on your Hire Agreement, you must pay the balance of sums due to the end of that period in order to end the contract early.
Once you end the contract, you shall no longer be in or entitled to possession of the goods without our consent.
If you would like to know more about your rights please visit the Citizens Advice website
www.adviceguide.org.uk or call 03454 04 05 06 or your nearest local trading standards department.
10. How to end the contract with us (including if you have changed your mind).
10.1 Tell us you want to end the contract.
To end the contract with us, please let us know. Tell us your name, home address, details of the order and your phone number and email address.
Contact us by:
(a) Phone 01535 609200 or. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Email email@example.com.
(c) By post. Write to us at Unit 4-6 Mandale, South St, Keighley, BD21 1DB, including details of what you hired, when you ordered or received it and your name and address.
10.2 Returning products after ending the contract.
Once you end the contract, you shall no longer be in or entitled to possession of the goods without our consent.
You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01535 609200 or email us at firstname.lastname@example.org for a return label or to arrange collection.
If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you must pay the costs of return.
10.4 What we charge for collection.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
11. Our rights to end the contract.
11.1 We may end the contract for a product at any time by writing to you if:
(a) you are in serious breach of the terms and conditions and do not make good the breach within 7 days of receiving written notice from us.
(b) you give us materially false information which we have relied upon.
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(d) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(e) you do not, within a reasonable time, allow us access to your premises to supply the services.
(f) any distress or execution is levied on your property or assets or a bankruptcy petition is presented against you, or you call a creditor meeting or execute an assignment for their benefit.
(g) our goods are lost, stolen, seized or confiscated, or we reasonably believe them to be in jeopardy; or
(h) for any reason on giving you at least one month’s written notice ending on a normal payment date on or after the end of the minimum hire period.
11.2 When you must compensate us if you break the contract.
If we end the contract in the situations set out in clause 11.1 you must not remain in possession of the goods without our consent.
We will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we incur as a result of you breaking the contract.
11.3 We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 1 month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
12. If there is a problem with the product.
12.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01535 609200 or write to us at email@example.com.
12.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website
www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a carpet or washing machine, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
During the expected life of your product your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
If your product is services, for example the installation of a carpet or blind, the Consumer Rights Act 2015 says:
you can ask the fitter to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if they can’t fix it.
if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
Note that our fitters are self-employed, and your agreement is directly with them, not us.
12.3 Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you.
We will pay the costs of postage or collection.
Please call customer services on 01535 609200 or email or write to us at firstname.lastname@example.org for a return label or to arrange collection.
13. Price and payment.
13.1 Where to find the price for the product.
The total minimum hire payment for the product, and details of your weekly or monthly payments are indicated on your Hire Agreement (including VAT).
We take all reasonable care to ensure the hire payment for the product advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the hire payment for the product you order.
Hire charges are payable in advance.
The first payment is due immediately upon your signature of the agreement.
Payments are charged by a pre-authorised recurring charge to your debit card.
Payments are collected weekly or monthly as shown on your agreement. These are taken on the same day each week or month.
Once you have paid the Total Minimum Hire Payment shown on your agreement, the hire charge reduces to £1 per year.
13.2 When we may vary payments.
We may vary your payments after you sign the Hire Agreement if there are changes or additions to VAT, statutory duties or levies.
13.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the hire payments we specify may be incorrect. We will normally check hire payments before accepting your order so that, where the product’s correct hire payment at your order date is less than our stated hire payment at your order date, we will charge the lower amount.
If the product’s correct hire payment at your order date is higher than the hire payment stated to you, we will contact you for your instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Royal Bank of Scotland. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount.
See our Debt Recovery Policy for other action we will take for non-payment.
13.5 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you.
14.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
14.3 When we are liable for damage to your property.
We do not accept liability for damage caused by a fitting. We do not fit the products. We act as agents for independent self-employed floorcoverings installers with whom you have a separate agreement for your fitting.
Fitters undertake to carry out their work with reasonable skill and care, but decorations can be scuffed during the fitting process, which the fitter doesn’t take liability for.
If the fitter causes damage to your property due to negligence, you can pursue the issue with the fitter.
14.4 We are not liable for business losses.
We only supply the products for domestic and private use. The products 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. If you are acting other than as a consumer then our liability is limited to the cost of replacing any defective product. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of rental income, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information.
16. Other important terms.
16.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.