In these Terms and Conditions (unless the context otherwise requires) the following expressions shall have the meanings set out opposite them.

"the Company" means Onside Carpets Ltd having its Registered Office at 32a Hamilton Street, Saltcoats, KA21 5DS.

"Customer" means the individual, company, institution, authority or any other recognised group of individuals who accept the quotation or on whose behalf the quotation is accepted from the company for the sale of Goods or whose order for Goods is accepted by the company.

"Contract" means the legally binding Contract made when the Customer's order has been accepted by the Company.

"Goods" means the products or materials sold by the Company to a Customer under a Contract governed by these terms and conditions or otherwise.

"Delivery" means in the case of a Contract to supply Goods.

The headings in these conditions are for convenience only and shall not affect the construction of this agreement.

Unless the context otherwise requires, words importing the singular only shall include the plural and vice versa, words importing one gender only shall include all other genders and words importing natural persons shall include corporations.

A Contract will be formed when a Customer's order has been accepted by the Company. It should be noted that a simple acknowledgement of order may also be issued which shall not be deemed to be acceptance of an order unless stated otherwise.

Certain security checks may also require to be carried out by the Company, in which event any sale to a Customer is subject to the Company receiving satisfactory results (at its sole discretion) from such checks.

The Company reserves the right to decline any order without stating a reason.

These Terms and Conditions will form part of the Contract.

Notwithstanding anything which may be stated or implied to the contrary elsewhere these Terms and Conditions shall apply (save as herein provided) to the exclusion of all and other terms and conditions. Any variation or amendment of these Terms and Conditions will only be valid if expressly agreed in writing by a Director of the Company.

Prices quoted are inclusive of VAT and are subject to alteration without notice, the invoice price being that ruling at time of despatch.

Prices quoted are exclusive of Delivery direct to Customer's premises on the UK Mainland. Delivery costs payable by the Customer shall be as advised to the Customer during the ordering process.

The Company reserves the right to alter prices without notice to inter alia cover variations in the cost of raw materials, labour, transport or in foreign exchange rates and of conforming to any law, statutory regulations or requirements and any other unforeseen expenses which may arise between the date of issue of the quotation and the date of Delivery.

Prices for the Company's Goods for export will be based upon the foreign exchange rate ruling at the date of invoice.

Payment is to be made by any of the credit or debit cards accepted by the Company. All orders are subject to authorisation of payment by the relevant card issuer prior to despatch of the Goods.

Payment can also be made by cheque made payable to "Onside Carpets Ltd".

Please note that should the Delivery address be different from the cardholder address then payment will have to be made by cheque. Monies have to clear the Company account before prior to the Goods being processed and dispatched.

Any dates quoted by the Company for Delivery of the Goods are given and intended as estimates only. Time for Delivery shall not be of the essence of the Contract unless otherwise agreed to by the Company in writing. The Company shall under no circumstances whatsoever be or become liable to the Customer for any loss or damage resulting directly or indirectly from any delay in Delivery of the Goods, nor shall the Customer be entitled to terminate or repudiate the Contract by virtue of late Delivery.

The Goods may be delivered by the Company in advance of the quoted Delivery date upon giving reasonable notice to the Customer.

If the Customer fails to accept Delivery of the Goods or fails to give the Company adequate Delivery instructions by the time Delivery (otherwise than by reason of any cause beyond the Customer's control or by any fault on the part of the Company) then without prejudice to any other right or remedy available to the Company, the Company may store the Goods until Delivery can be effected and, charge the Customer for the reasonable costs (including insurance) of storage.

All orders submitted to the Company are subject to availability.

Information regarding the Company's Goods contained in catalogues and any other printed matter provided by the Company to the Customer is given in good faith. The Company reserve the right to alter or amend any specifications referred to in such documentation without prior notice and Goods supplied may not comply in all respects with the technical specifications described in such documentation.

Notwithstanding any recommendation or suggestion relating to the use of the Goods contained in the Company's catalogues or elsewhere or made by the Company in respect of a specific enquiry from the Customer, it is the Customer's responsibility (unless otherwise specifically agreed by the Company in writing) to satisfy himself as to the suitability of the Goods for his own particular purpose and he shall be deemed to have so done.

All drawings, specifications, item descriptions, part numbers, trade marks, trade names, service marks, service names, logos and literature prepared by or on behalf of the Company and any copyright therein or in any part thereof, are the property of the Company, or any Third Party who has authorised the Company to use such drawings, trade marks, trade names, service mark, service names, logos or others or copyright therein. No part of any such drawing, specification, item description, parts number or literature shall be reproduced in any manner whatsoever or disclosed by the Customer to any Third Party whatsoever without the prior written consent of the Company.

Any Customer who is not purchasing Goods in the course of a business shall have the right to cancel an order, in terms of The Consumer Protection (Distance Selling) Regulations 2000, within 7 working days of the day after the date of receipt of Goods, provided written notice of cancellation is received by the Company at the address specified to the Customer during the ordering process, within that period.

In the event that the Customer serves a valid notice of cancellation, the Customer shall have the right to a full refund (excluding Delivery charges) within 30 days of notification of cancellation. The Company shall, within 30 days of notification of cancellation, arrange for the Goods to be collected (at the Customers expense) from the Delivery address (or such other address as may be agreed between the parties).

On cancellation the Goods shall remain at the risk of the Customer until restored to the Company and the Customer is required to take reasonable care of the Goods until that time. The Company reserves the right to claim for any loss in value to the Goods, due to damage, while at the Customer's risk.

The Company shall have the right to cancel, or reasonably delay, Delivery if it is prevented, hindered or delayed in manufacturing or delivering by normal means of manufacture or Delivery of the Goods, of the description covered by the Contract, through any circumstances beyond its control including, but not limited to, strikes, lockouts, accidents, war, fire, unavailability of power at the manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal sources of supply. The Company shall endeavour to notify the Customer as soon as possible should any such cancellation or delay be necessary.

The Company reserve the right to cancel at any time without notice any unfulfilled Contract or to suspend Delivery (whether in transit or otherwise) if the Customer fails to observe or perform any term of the Contract.

In the event of such cancellation by the Company the Customer will become liable to pay to the Company
(1) a sum equal to the outlays and expenses, including cancellation charges, incurred by them to sub-contractors or suppliers of Goods required for the execution of the Contract.
(2) any costs incurred by the Company in removing Goods
(3) a re-stocking charge of l0% of the total value of the Company's invoice which had been or would have been rendered pursuant to the Contract, and
(4) a sum to compensate the Company in respect of all loss and expense caused to it (including loss of profit).

The Customer shall not be entitled to cancel or to seek to cancel the Contract without the prior written agreement of the Company.

No liability is accepted by the Company in the event of non-arrival, shortages, damage or losses in transit of Goods unless the Customer notifies the carrier concerned and the Company within three days and a complete claim is made in writing to the Company within five days of the loss or damage.

Where shortages or damages arise the Customer may be required to endorse the Delivery Note accordingly.

A claim for shortages, damage or loss in transit will only be possible if the Goods to which the claim relates are still available for inspection by the Company at the address to which they were delivered by the Company.

Where Goods are delivered by the Company and a receipt of Delivery signed by the Customer is received the Goods will be deemed to have been examined at Delivery and therefore no claim for damage or loss made by the Customer will be accepted by the Company. The Customer may not exclude the operation of this provision either by marking his signature "unexamined" or by failing to return the signed Delivery note or otherwise. Any breach of this condition shall disentitle the Customer to any allowance in respect of the claim.

Responsibility for the Goods shall pass to the Customer at the time of Delivery.

Risk of damage to or loss of the Goods shall pass to the Customer at the time of Delivery or, if the Customer wrongfully fails to take Delivery of the Goods at the time when the Company tendered Delivery of the Goods.

The Company shall be entitled to assign or sub-contract all or any of its rights or obligations under the Contract. The Customer shall not be entitled to assign any or all the rights, benefits or obligations of the Customer in terms of or arising from the Contract without the Company's prior written consent.

The whole contents of this website are protected by Copyright and/or other Intellectual Property Rights. Any unauthorised use of these contents is strictly prohibited. The Customer may view, download and print the information available on the website, so long as the Customer uses the information solely for personal and non-commercial purposes. The information from the website may not be modified or altered in any way. All other use, reproduction or copying of information on the website, including the design and layout, is prohibited without the Company's prior written consent. No modification, distribution or re-publication of any of the contents is allowed.

The colours on this website are representative only and are not exact to that of the product itself.

Club or any other discounts are not available on the products of the Company.

The Company accepts no liability for any measurements given by the Customer.

The Company assumes no responsibility for errors or omissions in the information, documents, software, materials and/or services which are linked to the Companies website and which are not controlled by the Company.

Downloading, or other acquisitions of any materials through the Company's website, is done at the Customer's own discretion, and risk, and with your agreement that the Customer will be solely responsible for any damage to the Customer's computer system or loss of data resulting from the downloading, or acquisition, of any such materials. This paragraph shall not apply where the Goods consist of software that is downloaded by the Customer on payment.

The Company's website contains links to third party websites that are not under the Company's control. The Company makes no representations whatsoever about any other website to which the Customer may have access through the Company's website. Access to any third party website is taken at the Customer's own risk.

The Customer agrees to indemnify and hold the Company harmless from any claim or demand including reasonable legal fees, made by any third party due to, or arising out of, the Customer's use of the Company's website.

For the avoidance of doubt, the Company does not limit its liability for death or personal injury to the extent only that arises as a result of its negligence and/or acts or omissions or that of its employees.

The Company does not guarantee continuous, uninterrupted or secure access to it's website or services and operation of it's website may be interfered with by numerous factors outside its control.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

Apart from the express warranties given in these Terms and Conditions all representations warranties and conditions, express or implied, statutory, collateral or otherwise, are expressly excluded save to the extent to which they may not lawfully be excluded providing always that nothing herein contained shall be intended or deemed to exclude liability for death or personal injury.

The Company shall not be liable to the Customer, except as specifically and expressly provided by statute, for loss or damage direct or consequential whether arising by negligence, breach of Contract or otherwise, including without prejudice to the foregoing generality, loss of profit, loss of use, loss of Goods, loss of production and other financial loss.

If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced, provided that the resultant Contract is capable of continuing.

The Company's failure to act with respect to a breach by the Customer or others does not waive its right to act with respect to subsequent or similar breaches.

In submitting an order to the Company the Customer will be asked to provide certain information. The Customer consents to the Company making use of such information for the purposes of future marketing of products and services.

The Customer and the Company hereby agree that the Terms and Conditions set out above are fair and reasonable in all respects.

The Contract and Conditions shall be construed according to the law of Scotland and the Customer agrees to submit themselves to the non-exclusive jurisdiction of the Scottish courts.