1. INFORMATION ABOUT US

1.1 Who we are. We are Canopy Flooring (Gibraltar) Limited, a company registered in Gibraltar.

1.2 How to contact us. You can contact our team by email at sales@canopyflooring.gi

1.3 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 when you placed your order. 

1. OUR CONTRACT WITH YOU

2.1 We only accept orders after we've checked them. We will contact you to confirm we've received your order and that we are able to fulfil this order. 

2.2 Sometimes we reject orders. This may be for reasons including but not limited to: because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we have identified an error in the price or description of the product, or because you are located outside our delivery areas. When this happens, we will look for a suitable alternative product. In instances where we do not have a suitable alternative, we will refund any sums you have paid. 

2.3 Your order number. We will assign an order number to your order and tell you what it is when we acknowledge your order. It will help us if you can tell us the order number whenever you contact us about your order. 

1. PRICE AND PAYMENT

3.1 Information on the price of the product. The price of the product, payment terms, as well as the delivery, storage and any other additional fees, will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. 

3.2 We charge you when we accept your order. However, for some products we take payment at regular intervals, as explained to you on the order pages. You will own any products you buy upon successful delivery of the products. 

3.3 We charge interest on late payments. If we're unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount. 

 

1. DELIVERY AND STORAGE

4.1 When we will provide the products. We will do our best to deliver the products to you in accordance with the shipping method and times that you select during the order process. Where you place an order for scheduled delivery, we will aim to deliver as close to your requested date of delivery as possible. Where you place an order for products not in stock at the time of order, the date of delivery is an estimation only. We are reliant upon third party shipping partners to deliver the products and therefore cannot guarantee that the products will arrive at a certain date or time. Either we or our shipping partners will contact you with more precise delivery dates or windows once we know them. We cannot guarantee that your order will arrive in one shipment, due to products occasionally coming from different warehouses. In these instances, we advise patience as your complete order will be with you on the day specified, unless you have been otherwise informed. 

4.2 We're not responsible for delays outside our control. If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. We won't compensate you for the delay, but if the delay is likely to be substantial you can contact our team by email at sales@canopyflooring.gi to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred. 

4.3 If you are unable to take delivery. If you or someone on your behalf is not available at your address to take delivery, or where you request an alternative delivery to the planned date of delivery and the products are already in transit with our courier, we will attempt to contact you for further instructions and may charge you for storage costs in accordance with clause 4.4. You may also incur further delivery costs, and all redelivery fees would need to be paid prior to any redeliveries being arranged. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract. 

4.4 If we store the product at our premises. You may request our storage services when placing an order, or we may store the product in the event of failed delivery in accordance with clause 4.3. In such circumstances, the following shall apply: 

(a) the provision of storage services shall be at our discretion; 

(b) we will not charge for any storage for the first 30 days from the date the order was placed; 

(c) beyond 30 days of storage services, we reserve the right to charge at a rate of £10 per week for such services; 

(d) should you not wish to pay these fees, we reserve the right to cancel your order and refund you accordingly, by giving you reasonable notice; and 

(e) in the event of a cancellation, clause 6.6 shall apply for these fees. 

4.5 When you become responsible for the products. 

(a) If your products are delivered kerbside at your delivery address, the products will be your responsibility from the time we deliver the products kerbside at the address you gave us. Products will not be left at your property without being accepted in person, unless we receive prior authorisation of this from yourself. On your request to leave the product unsigned in a safe place, our courier will take a photograph which will be deemed your acceptance of the products and proof of delivery. We are not responsible for damage to the products as a result of being subject to the elements or any theft if products are stored outside your property. 

(b) It is assumed by all parties that you have checked the quantity and quality of the products delivered in accordance with clause 5.2. 

4.6 When you own the products. You will own any products you buy once the products have been delivered successfully. 

4.7 When receiving delivery of your products it is very important you check and sign for your delivery on arrival. We cannot be held responsible for any missing or damaged products once the delivery has been signed for. We strongly recommend you take great care inspecting the products prior to signing. 

4.8 Prior to installation, the installer / owner has final inspection responsibility as to ensure products meet expectations as to suitability, colour, quality and finish. Once inspected and happy to proceed, the installer must use reasonable selectivity to deselect planks to be used for offcuts and edges. Installation or alteration of products such as cutting to size is an acceptance of products and once this has begun we are not responsible for installed products. 

4.9 You are responsible for any additional delivery costs we incur if you fail to provide the correct access information prior to delivery. If access to your property is restricted and you don’t select bespoke delivery at checkout, the delivery may fail. If this happens, a redelivery fee will apply. All additional charges must be paid prior to redelivery. 

1. OUR PRODUCTS

5.1 Products may vary slightly from their website pictures or samples received. This is especially in the case of our wood products due to natural colour variance, and seasonality of wood. A product's true colour may not exactly match that shown in our marketing and we reserve the right to change our packaging resulting in packaging variances. All of our marketing, samples, drawings or advertising are produced for illustration purposes only and the sole purpose of giving an approximate idea of the products referred to in them. They shall not form part of the contract nor have any contractual force. 

5.2 You're responsible for making sure your measurements are accurate. Your order shows the number of packs that you have purchased, and it is your responsibility to check this quantity. If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct, including any wastage allowances. Find information and tips on how to measure by contacting our Sales Team by email at sales@canopyflooring.gi.  

5.3 Wood grading on products. Please be aware of the following in relation to wood graded products: 

(a) Rustic grade contains unlimited filled knots of varying sizes and unlimited colour variation. As a result, rustic grade products may contain heavy grain markings, figuring, mineral staining and some sap. There is no set number of knots or imperfections per board; and this is dependent on a variety of factors such as the part of the tree used and the seasonality of the wood. 

(b) Prime grade (also known as Select or AB grade) is a higher grade of flooring but will still usually have slight colour variation between the boards and timbers. Although the grain is straighter than in other grades, sometimes the boards have small knots. 

5.4 Unlimited Samples: Unlimited free samples are offered within reason and for permitted use only i.e. for potential customers to test our products. Any other usage of our free samples is a breach of this policy. We reserve the right to monitor the number of orders placed by individual customers and in rare circumstances to cancel any orders of free samples that are excessive or indicative of a misuse of our terms. It is at our discretion to determine what amount constitutes as an excessive or unfair usage of our free samples. 

1. YOUR LEGAL RIGHTS

6.1 Your legal right to change your mind. For most of our products, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. Your legal right to cancel an order is 14 days, however we offer extended return terms of 30 days. This is subject to some conditions, as set out below. 

6.2 When you can't change your mind. You can't change your mind about an order for: 

(a) services, once these have been completed (with the exception of storage services less than 30 days, in accordance with clause 6.6) 

(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; 

(c) products that are made to your specifications or are clearly personalised; and 

(d) products which become mixed inseparably with other items after their delivery. 

6.3 The deadline for changing your mind. If you change your mind about a product, you must return your product no later than 30 days from the day we deliver it. If the products are split into several deliveries over different days, the period runs from the day of the last delivery. 

6.4 The deadline for reporting damaged goods. If your goods were damaged on arrival, you must report the damage to our team within 14 days of the delivery date. Any damages reported after the 14-day window will not be subject to refund or replacement. 

6.6 You have to return the product at your own cost. You have 30 days to return your goods. Returns are at your own cost and are your responsibility to arrange. We do not offer the option to arrange collections on your behalf. As returns are arranged via your own courier, you should ensure you have evidence of the condition of the product prior to collection. You must also obtain a tracking reference for the collection, so you are able to provide evidence of proof of delivery of the products arriving at our warehouse if we request this. All returned products must be in the original manufacturer's box, unopened and seal intact. The condition of the boxes must be deemed as resalable, i.e, no outer damage or marks. All goods must be packaged adequately to protect the products and the outer manufacturer's box during transit. Products that are not deemed to have been protected during transit and are received in an unsellable condition will not be subject to refund. 

6.7 If you cancel after we have provided storage services. The amount of storage fees to be charged to you may vary, depending on when you decided to cancel: 

(a) if you cancel within 30 days of placing an order, no storage fees will be due, and we will refund any fees where you have paid for storage in advance; 

(b) if you cancel between 30 days and 90 days from placing an order, we are entitled to deduct our storage fees from the amount to be refunded to you; or 

(c) if you cancel beyond 90 days from placing an order, we are entitled to deduct our storage fees from the amount to be refunded you. The maximum amount of storage fees to be deducted will be capped at the equivalent fees for 60 days of storage, at a value of £85.70. 

6.8 If you fail to take your products within 90 days. We reserve the right to un-allocate your products and re-sell these to other customers. In this instance we will not automatically cancel your order, however there may be a lead time should your products be out of stock. You can choose to pay the relevant storage fees to store the product for longer, or you can cancel minus the storage fees incurred, in accordance with clause 6.7(c). 

6.9 We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. We will only refund for resalable goods. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 

6.10 When and how we refund you. If your product is a service or goods that are not in transit or haven't been delivered, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us or goods that have been cancelled and stopped whilst in transit, we refund you within 14 days of receiving them back from you or after receiving proof of evidence of delivery that your courier has delivered these to us and we have signed for the products. We refund you by the method you used for payment. We don't charge a fee for the refund. 

Summary of your key legal rights 

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: 

Up to 30 days: if your goods are faulty, then you can get a refund. 

Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 

Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back. 

If your product is services, for example storage services, the Consumer Rights Act 2015 says: 

You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. 

If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable. 

If a time hasn’t been agreed upfront, it must be carried out within a reasonable time. 

1. WE CAN CHANGE PRODUCTS AND THESE TERMS

7.1 Changes we can always make. We can always change a product: 

(a) to reflect changes in relevant laws and regulatory requirements; and 

(b) to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don’t affect your use of the product. 

7.2 Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we’ll notify you and you can then contact our team by email at sales@canopyflooring.gi to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance. 

7.3 We can suspend the supply of a product. We can do this in order to discontinue the sale of any product, make any changes to the product or where we cannot fulfil an order, as permitted in this clause 7. 

7.4 We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we’re going to suspend supply for more than 90 days, you can contact our team by email at sales@canopyflooring.gi to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive. 

 8. WE CAN END OUR CONTRACT WITH YOU 

8.1 We can end our contract with you for a product and claim any compensation due to us if: 

(a) you don’t make any payment to us when it’s due; 

(b) you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; 

(c) you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have not collected your product and the length of our storage services has exceeded 90 days, then we are entitled to treat your order as cancelled and refund the purchase price minus storage fees, in accordance with clause 6.6. 

8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 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 will incur as a result of your breaking the contract, including any applicable storage fees. 

1. WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS

9.1 We're responsible for foreseeable losses you suffer caused by us breaking this contract unless the loss is: 

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable). 
• Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 4.1. 
• Avoidable. Something you could have avoided by taking reasonable action. 
• A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession. 

 
 

9.2 We will not be held responsible for losses relating to the fitting of our products, where this has been as a result of a delay in supplying or delivering our products. 

1. HOW WE USE YOUR PERSONAL DATA

10.1 How we use any personal data you give us is set out in our Privacy Notice. 

1. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

11.1 Our complaints policy. Contact our team by email at sales@canopyflooring.gi. They will do their best to resolve any problems you have with us or our products. 

11.2 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you're not satisfied with the outcome you can still go to court. 

11.3 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in. 

1. OTHER IMPORTANT TERMS THAT APPLY TO OUR CONTRACT

12.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract. 

12.2 You can only transfer your contract with us to someone else if we agree to this. We may not agree, for example if in our honest opinion, the transfer of the rights may increase our exposure under the terms. 

12.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it. 

12.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply. 

12.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.