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Terms and Conditions

Harvey Maria Ltd. (hereafter referred to as Harvey Maria) is a limited liability company registered in the United Kingdom. Our registered office is The Old Feed Room, Balcombe Place Stables, Haywards Heath Road, Balcombe, Haywards Heath, West Sussex, RH17 6QJ which is not a showroom or warehouse and is not open to the public unless by prior appointment. Harvey Maria has designed and sold original floors since 1994 and online since 1999.

If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, products or services, you can contact us at info@harveymaria.com or by calling 0845 6801231.

By ordering from us online, by email, telephone or by any other means you are agreeing to be bound by these Terms and Conditions and our Privacy Policy. We reserve the right to amend these conditions from time to time and ordering from us confirms your acceptance of the latest version of these Terms and Conditions as indicated at the bottom of this document.

General Terms

Terms of use of the website

Your use of this website is bound by these Terms and Conditions and, in any event, your use of this website must be for lawful and proper purposes which include complying with all applicable laws, codes of practice and regulations within the UK and any other jurisdiction from which you are accessing the site.

In using the site you agree that you:

- will provide true, accurate, current, complete and non misleading information on any registration form or as otherwise reasonably requested by Harvey Maria

- will not disclose any fraudulent, false or misleading information

- will not post, transmit or otherwise disseminate any information on or via the website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive

- will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy

If you are provided with a User ID, password or other information as part of our procedures it is your responsibility to treat such information as confidential and not disclose it to any third party. Harvey Maria reserves the right to disable any User ID or password either chosen by you or allocated by Harvey Maria in the event that Harvey Maria believe you may have failed to comply with the Terms and Conditions.

You are responsible for your method of access to this website. You are also responsible to ensure that all persons accessing this website through your internet connection are aware and in compliance with the Terms and Conditions.

Harvey Maria will not be liable for any loss or damage caused by a distributed denial- of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Terms under which this website is provided

Access to this site is provided on a temporary basis and we reserve the right at any time to

- withdraw or amend the service without notice - to withdraw access to some or all of the site - to suspend some or all of the services offered

- remove goods , featured jobs or promotions from the site - cancel your registration and/or account without prior notice

- report any breach under the Computer Misuse Act 1990 to the relevant law enforcement authorities and disclose your identity to them

- deny access to the website where we reasonably believe (in our absolute discretion) that a user is in breach of any of these Terms and Conditions or our Privacy Policy

Conditions of Making a Purchase

Buying from us

You may purchase goods offered by Harvey Maria, by phone, online or via email communication.

In order to make a purchase we will ask for personal information in order to set up the account and you agree to provide accurate, current, complete and non misleading information. Our Privacy Policy outlines how this information will be collected and managed.

By placing an order you make an offer to purchase in accordance with these Terms and Conditions. We will acknowledge receipt of your order online and/or via an email order confirmation but this does not constitute our acceptance of your offer to purchase. Your offer has been accepted only when the order has been despatched. Payment is taken prior to despatch unless you have an approved credit account where payment will be due within 30 days of the invoice date.

You can return items within 14 days of receipt. Please see our Returns Information for exclusions and conditions of return.

Presentation, pricing and availability of goods

We always aim to ensure that all details, descriptions and prices appearing on this website and in other sales and marketing materials and quotations are accurate, but from time to time errors may occur. Where we have made an error in the price of an item on our website or in our offer to you we reserve the right to withdraw this item from sale at this price and present it at the correct price. If you have placed an order at the incorrect price, we will inform you of the error and give you the opportunity to confirm your order at the correct price, or cancel the order.

All items sold are subject to availability and while every effort is made to fullfil your order, products are sometimes unavailable although you have received a confirmation of your order. We will advise you by email if we have to cancel your order for this reason and your payment will be refunded.

While we try to accurately represent the colour and characteristics of an item in our photography representation of the item may be affected by the settings of the computer on which it is viewed. Samples are cut from an overall design, therefore decoration and shade may vary. Product may vary in colour from batch to batch and your order may not be from the same batch as your sample. Samples themselves may be slight seconds and should not be used for flooring purposes. Use of samples for flooring purposes will invalidate the warranty of your Harvey Maria floor.

There is no pattern match from tile to tile for any Maria floor described as having a Random pattern in its product description. Always supply your batch number when re- ordering to match an original floor and we will endeavour to supply from the original batch if available as there may be slight colour variation from batch to batch. Always check the suitability of product supplied prior to fitting.

Harvey Maria reserve the right to supply products in non branded packaging or in other branded packaging. This does not in any way materially affect the quality of the products themselves.

Payment

Prices are inclusive of Vat. unless your order qualifies to be free of Vat. Delivery costs are charged in addition to the product price and included in the total cost. Any additional charges are clearly displayed where applicable and included in the total cost.

If you are paying by credit or debit card, we will carry out a standard pre- authorisation check on your card upon receiving your order to ensure there are sufficient funds to settle the transaction. Goods will not be despatched until the pre- authorisation check is complete. Where the shipping address is different from the billing address then we reserve the right to undertake additional checks.

Import duties and taxes charged on international shipments are not calculated or monitored by Harvey Maria and remain the responsibility of the importer. We recommend that customers requiring delivery outside of the UK should check with their local customs officials or post office for more information.

Delivery of Your Order

Our delivery charges are set out in our website here

Orders for delivery to the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles and some overseas orders may be subject to a delivery surcharge. We will notify you of any surcharges prior to shipment and you will have the right to cancel your order.

Sample orders will usually be delivered by Royal Mail. All other deliveries shall take place via a carrier appointed by Harvey Maria and/or our agents and shall be a weekday delivery between 08.00 and 19.00 unless otherwise agreed.

We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot guarantee that these instructions will be followed by the carrier. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).

We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and may be affected by events outside of our control, which may include for example strikes, poor weather, vehicle breakdowns, human error, postal strikes, therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

Deliveries will be made on a truck or van. It is assumed that the delivery address will be accessible. Orders in excess of twenty (20) square metres may be delivered on a pallet, this is to ensure that your order arrives in perfect condition. The delivery driver will be unable to remove items from the pallet or take the pallet away with them. The driver will normally only be able to wheel the pallet as far as physically possible which may even be the kerbside. 

On pallet deliveries please assume the delivery will be made on a long heavy goods vehicle, please contact us if there are weight, height or parking restrictions or difficult access points before your order is despatched so that we can make alternative arrangements, failure to do so may result in a failed delivery and re- delivery charge. 

Carrier orders require a signature. You must inspect all goods immediately on delivery, this means opening up any outer packaging and glancing over (but not opening) packs of flooring and accessories for visible damage. You or the person acting on your behalf should document any transit damage at that time on the delivery note. No claims for damaged or missing items can be made after the carrier has left the delivery address unless signed or as damaged or missing.

If the carrier is unable to obtain the required signature for an arranged delivery then they will attempt a re- delivery and you will be liable for any redelivery charges or you may be required to collect your order from the Carrier’s nearest depot.

You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

We advise against booking fitters until your order has arrived and been checked as we cannot be liable for any consequential loss or damages resulting from the delayed delivery of your order.

Fitting Services

Details of fitters and retailers provided by us are for your information only and are not employed or controlled by Harvey Maria. We do not check or vet fitters and do not endorse or make any representation about them or the quality of their workmanship. If you choose to use the services of any fitter introduced by Harvey Maria then you do so entirlely at your own risk.

The quality of the fitting will largely be determined by the experience and skills of your fitter. The fitting information provided by Harvey Maria is intended as a guidline only. It will be the responsibility of your fitter to conduct a site survey and to establish the most appropriate fitting method. We cannot accept any responsibility for loss or damage, including without limitation, unsatisfactory fitting as a result of the quality of the workmanship of the fitter you employ or by following fitting information provided by Harvey Maria. 

Trade Accounts

If you have a pre- approved Trade Account with us then you will have 30 days from the date of our invoice to make payment.

Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.

Trade Account holders shall pay all accounts in full and not exercise any rights of set- off or counter- claim against invoices submitted by Harvey Maria.

Right of Cancellation

If you are a consumer (i.e. you are not purchasing either wholly or in part for a business, or you are not a business) you have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations to cancel the contract and receive a full refund in respect of all goods purchased other than customised goods. You have fourteen (14) calendar days starting on the day after you receive the goods, to cancel your contract in writing to us at Harvey Maria, The Old Feed Room, Balcombe Place Stables, Haywards Heath Road, Balcombe, Haywards Heath, West Sussex, RH17 6QJ or by email to info@harveymaria.com, following which you must return your whole order to our nominated returns address without delay, labelled with your name, order number and Returns Authorisation number which we will send to you.

Any return made by you is at your own cost and risk. Full details of our Returns Information are available here. You have a legal obligation to keep the goods in your possession and take reasonable care of them. If you do not do this, we may have a claim against you for compensation. If your contract is cancelled in this way we will refund any payment made when ordering, including standard UK delivery charges, within fourteen (14) days of receipt of the returned goods. Once the goods have been returned, a refund for the agreed amount will be credited to the original method of payment.

Warranties

Subject to the terms set out in our warranty statement, Harvey Maria guarantees the flooring against damage caused by ‘wear out’ from normal use within the time period set out in this warranty statement. ‘Wear out’ is defined as loss of colour or pattern as a result of wear through the top layer(s) of the floor to the print or backing layer. In such cases Harvey Maria Ltd will replace the damaged floor free of charge. Harvey Maria Ltd shall not accept or be liable for any direct, indirect or consequential loss or claim for damages (including liquidated damages). This warranty does not affect your statutory rights.

Any other claim in respect of manufacturing defects must be notified to Harvey Maria within six (6) months of purchase otherwise any such claim shall be treated as having been waived.

Terms Governing Web Content and its Use

Linking to this website

You may link to this website according to the following guidelines. We reserve the right to withdraw linking permission without notice if we believe these guidelines are not followed.

- The link must not suggest any association, approval or endorsement on our part where none exists

- The link must be legal, fair and must neither damage nor take advantage of our reputation - You must not set up a link from a website that is not owned by you.

- The website must not be framed on any other site.

Links to other websites

Our website contains links to sites not owned or operated by Harvey Maria. These links are not intended as endorsements of the linked sites and are provided for your convenience only. Harvey Maria are not responsible or liable for any part of the linked site including any information presented. You should familiarise yourself with the terms and conditions and privacy policy of the linked site.

Copyright, Trade Mark and other Intellectual Property Rights

Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the website as well as the selection, arrangement and organisation of the foregoing and the website as a whole (collectively "Content") are subject to copyright, trade mark, service mark, trade dress and/or other intellectual property rights or licences and rights of publicity and privacy, all worldwide rights, titles and interest in and to which are owned by, licensed or which may otherwise be used by Harvey Maria or our suppliers. All software used on this website is the property of Harvey Maria, its suppliers or third party suppliers as applicable and is protected by UK and international copyright and other intellectual property laws.

Guidelines for use

- You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organisation to material posted on the website

- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text

- Our status (and that of any identified contributors) as authors of material on the website must always be acknowledged

- You must not use any part of the content on the website for commercial purposes without obtaining a licence to do so from us or our licensors

- If you print off, copy or download any part of the website in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of materials you may have made

Submission and uploading material to our website

Other than personal information which is subject to our Privacy Policy, all comments, blogs, feedback, suggestions, ideas, original materials such as stories, artwork, computer code or product and marketing ideas and any other submissions disclosed, submitted or offered to Harvey Maria on or through the website or otherwise disclosed, submitted or offered by you to us (collectively "Submissions") shall be and remain the property of Harvey Maria. Such disclosure, submission or offer of Submissions and your agreement to these Terms and Conditions shall constitute an assignment to Harvey Maria of any intellectual property rights.

You warrant that any Submissions comply with those standards, and you indemnify us for any breach of that warranty. As such Harvey Maria will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise of any Submissions. Further, Harvey Maria shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions or provide attribution to any users for any Submissions. Harvey Maria shall have no obligation to keep confidential, use, return or review any Submissions.

Harvey Maria will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other use of the website.

Legal Clauses

Disclaimer of Liability

Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re- arrange delivery we will provide you with a full refund.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

You accept full responsibility for the suitability of the goods ordered for the purpose to which they are put.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights relating to faulty and/or misdescribed goods.

Website Disclaimer of Liability

The website, its content, any material displayed on this website, any information available on or through this website and the software is provide "as is" and "as available" and without any guarantees, conditions or warranties of any kind, either express or implied, as to its accuracy to the fullest extent permitted pursuant to applicable laws.

Unless expressly stated to the contrary, to the fullest extent permitted by law, Harvey Maria and its suppliers, content providers and advertisers will not be liable in contract, tort, (including, without limitation, negligence), pre- contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for:

- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or

- Any loss of goodwill or reputation or

- Any special or indirect losses suffered or incurred arising out of or in connection to this website or the linked sites and any materials posted thereon

Harvey Maria does not represent or warrant that your use of the website, or the operation or function of the website or any services offered in connection with the website will be uninterrupted or error free; that defects on the website will be corrected; or that the website or its server or any links are free of viruses or other harmful elements. Harvey Maria makes no representations or warranty that the website, materials, software or any product offered or purchased through the website is applicable or appropriate for use or access in locations outside the United Kingdom.

Nothing in these Terms and Conditions shall limit Harvey Maria's liability for death or personal injury arising from negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for any other liability which cannot be excluded or limited by law.

Indemnity

You agree to indemnify, defend and hold harmless Harvey Maria's directors, officers, employees, consultants, agents and affiliates, from any and all third- party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this website or your breach of these Terms and Conditions.

Variation

Harvey Maria shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the service and/or any page of this website.

Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely ressembles the original meaning of the term as is permitted by law.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at: The Old Feed Room, Balcombe Place Stables, Haywards Heath Road, Balcombe, Haywards Heath, West Sussex, RH17 6QJ, and all notices from us to you will be displayed on our website from time to time.

Waiver

If you breach these Terms and Conditions and we take no action, Harvey Maria will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These Terms and Conditions are to be construed in accordance with the laws of England and, in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Entire Agreement

The above Terms and Conditions, the Returns Policy, Warranties emails regarding the services Harvey Maria provides constitute the entire agreement of the parties (Harvey Maria and the customer) and supersede any and all preceding and contemporaneous agreements between you and Harvey Maria. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of Harvey Maria.

Date of Terms and Conditions: Aug 2017

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