Horsleys of Gainsborough and our associated companies, aim to give you the best possible value and service at all times. The following terms and conditions will explain how we will deal with your order, whether in-store or via distance selling, and you should read them carefully. They can be viewed at any time by clicking the terms and conditions link at the bottom of each page.
This website is operated by Horsley & Co (Gainsborough) Limited. We are registered in the UK under company number 05299289. Our registered office and trading address is 27 Church Street in Gainsborough, Lincolnshire and our VAT number is 128112208.
When you place an order online via either email or phone, you are inviting us to enter into a contract with you to supply the goods you have selected or requested at the price indicated on the website, in discussion with us or written by us. Acceptance of your order, and the completion of the contract, will take place when we despatch the goods to you (or some of them if we’re delivering in instalments).
Acknowledgement of your order is not a guarantee by us of the availability of the goods. Most of our customers shop in store, so if you are buying online without seeing the goods in person, your attention is drawn in particular to the provisions of the liability clause and the events outside our control clause (both below). Please understand that if you are unable to accept these terms and conditions, you will not be able to order from us without visiting our registered trading address.
While we try and get things right first time, occasionally things don’t go according to plan. In such circumstances our responsibility is limited to the direct costs. If either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions at the time we entered into the contract with one another.
We only supply goods for domestic and private use. You agree not to use the goods for any commercial, business or resale purpose, and we have no liability to you for any consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity. Nothing in this agreement excludes or limits in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, defective products under the Consumer Protection Act 1987, or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Save where payment is to be made by finance agreement, we will require payment in full of the value of the order inclusive of VAT and any delivery costs at the time the order is made. Payments to us may be made in cash, cheque, by debit or credit card. Payment using a debit or credit card is taken at the time you place your order and is processed using an independent company’s secure payment processing system. We do not see, or have access to, any of your payment card information. Where payment is to be made by finance agreement we may require a deposit to be paid at the time the order is made. You must check that all details on any finance agreements are correct and keep a copy of it.
We do our utmost to ensure that all our prices are accurate and up to date but on rare occasions it is possible that errors may occur. Our sales 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 and specification or to cancel your order and obtain a full refund. If we do not receive a response to this notification within seven days we will cancel the order and issue a refund of your payment.
We will not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the goods in a way that we or the manufacturer do not recommend, your failure to follow our or the manufacturer’s instructions, or any alteration or repair you carry out without our prior written approval. These terms and conditions apply to any repaired or replacement goods we supply to you in the unlikely event that the original goods are faulty or do not otherwise conform to these terms.
We are responsible for ensuring that the goods we supply are of satisfactory quality, conform to the sample and are fit for the purpose for which they are sold. Certain products have additional guarantees provided by us or the manufacturer. Where they are provided by the manufacturer we accept no responsibility for these additional warranties or guarantees. The guarantees provided by manufacturers themselves, whether they be for furniture, carpets, beds, electricals or any of the products we sell are in addition to your statutory rights.
Estimated delivery and/or installation dates are given in good faith but are not guaranteed times and should not be relied upon as such if the expected delivery time is likely to, or does, exceed 30 days you will be able to cancel your order if you wish and receive a full refund. Please check that the goods 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 or assembly. If on inspection you have any doubts please contact us immediately. In all cases genuine complaints will be dealt with in good faith, but your rights may be adversely affected if you do not contact us as soon as possible.
The goods will be your responsibility from the time of delivery and ownership will only pass to you when we receive payment in full of all sums due for the goods, including any delivery charges. Please ensure that on the day of delivery access to your preferred location of the goods is clear and free of any obstruction. If you or a nominated adult are not available or the access is not clear and free of any obstruction, then we will not deliver your goods. This may result in a re-delivery of your goods and a further delivery charge may be levied.
By purchasing over the internet or by telephone you are entering into a distance contract. In addition to your normal statutory rights as a consumer you also have the right to cancel the contract at any time up to 14 days after the date your order is delivered to you, or if you have ordered more than one item and they are delivered on different dates, 14 days after the date of the last delivery of your order. This right does not apply to products made to your specifications. This includes floor coverings which have been cut from a roll to your specific order size.
In respect of any sealed mattress, mattress protector, pillow or bedding, these have been sealed to both protect the goods and for health and hygiene reasons. Consequently, if they are unsealed after delivery then your right to cancel and return the goods lapses. You are under a duty to take reasonable care of the goods until the end of any cooling off period. If your order has not been delivered and you wish to cancel your order, please contact our customer service team, details provided on our contact us page.
If you cancel your order and wish to return the products in accordance with your statutory right to cancel, we will arrange collection of the products. There will be a collection charge equal to the delivery charge for the product, unless you return the product in person. Any refund of the purchase price in respect of returns, will be made after deducting the applicable collection charge. After this statutory fourteen day cooling off period, you have the protection of your statutory rights. We reserve the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at our sole discretion. If you are unsure of your rights, please do not hesitate to seek advice from Trading Standards or other advisory body.
Any photographs, models, samples, drawings, sizes and or product description or advertising we issue, and any illustrations contained in our catalogues, brochures, emails or on our website are produced solely to provide you with an approximate idea of the goods they describe or are representative of the finished product. All goods are manufactured within the standard industry measurement tolerances. Occasionally we may supply goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the goods being of an equal or improved standard, and it will not affect your rights under the law, and the quality coding and guarantee will continue to apply.
We aim to reproduce the colours of our products as accurately as possible but please be aware that there may be a variation in shade between the reproduction on your monitor or printer and the actual article. We can supply samples of our carpets, vinyls and laminates to assist with colour matching and most of our products can be seen in store at our Gainsborough showrooms. We quote the nominal sizes for the products we sell. These sizes are approximate and small variations may occur. For flooring and larger orders, we offer a free home measuring and estimating service within the local area, ensuring you have the correct product, quantity and type for your home. If you do not use this service or do not expressly check sizes in store first, then you are responsible for ensuring that the product and quantity ordered is sufficient for your room. In the case of flooring, if your room is close to the nominal width of the floor covering, please allow extra in case a join is required.
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 (a 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) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
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. Should the force majeure event continue for a period of more than 3 months then either party will have the right to terminate any contract that exists between ourselves forthwith without any further liability to the other party apart from providing you with a refund if you have not received the goods.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, technology, payment methods, relevant laws and regulatory requirements and/or in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. If we fail, at any time while these terms and conditions are in force, to insist that you perform any of your obligations under these terms and conditions, or if we do not exercise any of our rights or remedies under these terms and conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the contracts (Rights of Third Parties) Act 1999. These terms and conditions shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts. If you are unsure of your rights, please do not hesitate to seek advice from Trading Standards or other advisory body.