TERMS AND CONDITIONS

Company Name: PAY WEEKLY FLOORING LTD
Company Number: 12606881

1. Definitions

1.1 Terms defined in these Standard Terms have the same meaning when used in any part of this Agreement unless the context otherwise requires:

  • Account: The bank account in your name and detailed in Your Facility or such other account as notified by you to us, provided such notice is given to us in no less than 2 Business Days before any payment is due to you.
  • Agreement: Collectively Your Facility and these Standard Terms.
  • Borrowers: Those Customers that have entered into a Loan Agreement.
  • Business Day: A day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.
  • Customers: The corporate entity, firm, or person seeking to purchase Goods or Services (as appropriate) from the Client.
  • Enhanced Risk Loans: Loans where: (a) the Documentation Required to be Uploaded according to Your Facility for such Loan is not received by us in form and substance satisfactory to us; or
    (b) a credit check fails for the Borrower in respect of such Loan.
  • Goods: The products, articles, or things sold by the Supplier.
  • Insolvency Proceedings: As defined under the Insolvency Act 1986, including but not limited to:
    • The exercise of any distress, execution, injunction, sequestration, attachment, or other legal process against assets.
    • The convening of a meeting for the purpose of considering or passing any resolution for winding-up or administration.
    • The presentation of a petition or application for administration, winding-up, or bankruptcy.
    • The appointment of an administrator, receiver, or manager over any assets.
    • Anything analogous or having substantially similar effect to the above in any jurisdiction.
  • Insolvent: The inability to pay debts as they fall due, as defined under Section 123 of the Insolvency Act 1986.
  • Paydayflooring: BNPL leading is provided by Payday Flooring LTD (company number 14289636), with registered address Unit L Global Park, Colchester, CO12TJ, and trading names Pay Weekly Flooring LTD (company number 12606881) and Urban Flooring and Blinds (trademark registry under UK0000383993).
  • Loans: The loans made or to be made under the Loan Agreements or the principal amount outstanding for the time being of those loans.
  • Loan Agreements: Fixed-sum loan agreements and corresponding terms and conditions as made between us and the Borrowers.
  • Repayment: The payment due as specified in any Loan Agreement.
  • Services: Any services provided by you to the Customer.
  • Start Date: The date on which the first Loan Agreement is entered into.
  • Termination Date: The date on which the Agreement is validly terminated.
  • Website: www.payweeklyflooring.com.
  • Furniture Items: Beds, sofas, TVs, hoovers, and other home furnishing items.
  • Your Facility: The terms of your facility as set out in the section of the Website accessible through your login, whereby your customer is granted a Loan which is used to pay for Goods or Services supplied by you to your customer by way of a Supplier Agreement.

2. Interpretation

2.1 In this Agreement, unless the context otherwise requires:

(a) All references to Clauses are, unless otherwise expressly stated, references to the Clauses of these General Terms. (b) The headings in the General Terms are inserted for convenience only and shall be ignored in construing the General Terms. (c) References to statutory provisions shall be construed as references to those provisions as amended, consolidated, extended, or re-enacted from time to time.

2.2 In the event of any inconsistency between the provisions of the Product Terms and these Standard Terms, the Product Terms shall prevail.

3. Refunds and Cancellation

3.1 Due to the unique nature of our flooring products tailored to each customer’s home, refunds will be subject to the following terms:

(a) All deposits are non-refundable, as per the Consumer Contracts Regulations 2013, which exclude bespoke or customized goods from refund entitlements. (b) In the event of a cancellation, a deduction of 50% of the total transaction value will be retained to cover costs incurred in tailoring, processing, and administration. (c) Cancellation of an account incurs a £25.00 cancellation fee, which will be deducted from any remaining refundable balance.

3.2 Exceptions to this policy will only apply where goods are proven to be faulty or not as described under the Consumer Rights Act 2015.

4. Payment and Loan Terms

4.1 Payments are made under the UK Direct Debit Scheme. Customers must ensure sufficient funds are available to cover repayments on the agreed dates.

4.2 Borrowers wishing to amend their payment date or method must notify us at least five Business Days before the payment is due.

4.3 Failure to make payments on time may result in additional fees of up to 15% plus VAT on the unpaid amount, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

4.4 Ownership of goods remains with the Seller until full payment is received, as per Section 19 of the Sale of Goods Act 1979.

5. Unique Product Policy

5.1 All flooring products are custom-made to the specific measurements and requirements of the customer’s property.

5.2 Customers acknowledge and agree that:

(a) Once an order is placed, no refunds or exchanges will be permitted except in cases of proven defect or misrepresentation. (b) Variations in color or texture (up to 10%) may occur due to dye batches, as stated under industry standards.

6. Fitting Services Disclaimer

6.1 Pay Weekly Flooring provides assistance in locating and managing third-party fitting services for the convenience of customers. However, the agreement for fitting services is between the customer and the independent fitter, not Pay Weekly Flooring.

6.2 Customers acknowledge and agree that:

(a) Fitters are self-employed and operate as independent contractors. Pay Weekly Flooring is not responsible for any delays, no-shows, or disputes arising from their services. (b) Our role is limited to recommending fitters and facilitating communication to secure favorable rates, which we pass directly to the customer without any additional charges. (c) Any issues related to the fitting must be addressed directly with the fitter. Pay Weekly Flooring will assist in resolving disputes but bears no liability for the fitter’s performance.

6.3 By signing the agreement, customers confirm their understanding that Pay Weekly Flooring is not liable for any fitting-related issues.

6.4 Legal Rights and Review Policy:

(a) Any reviews or public comments regarding fitting services that inaccurately attribute liability to Pay Weekly Flooring will be subject to removal. Customers must ensure reviews reflect the product quality and not third-party services. (b) Defamation or false statements about fitting services may result in legal action under the Defamation Act 2013 and Malicious Communications Act 1988.

7. Legal Jurisdiction

7.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.

8. Term and Termination

8.1 This Agreement begins on the Start Date and continues for the Minimum Term and thereafter until terminated pursuant to a valid Voluntary Notice or otherwise terminated in accordance with its terms.

8.2 Either party may serve a Voluntary Notice prior to the end of the Minimum Term, provided that the termination is effective on or after the end of the Minimum Term.

8.3 Termination of the Agreement will not affect rights and obligations in respect of any Loans created before the Termination Date, including the application of the Credit Charge and our rights to set off monies or consolidate accounts.

9. Fees and Charges

9.1 The following fees apply to Your Facility:

(a) The Initial Fee will be payable when Your Facility is made available and will be collected by direct debit. (b) The Monthly Fee will be payable on the last Business Day of each month following the Start Date until the date on which all Loans and other amounts have been repaid in full or the date on which Your Facility has been cancelled, whichever is later, and will be collected by direct debit. (c) Any Agreement Set-Up Fees will be payable at the end of each month following the Start Date and will be collected by direct debit. (d) Each fee payable pursuant to this Clause is non-refundable.

10. Changes to the Agreement

10.1 We may change the terms of this Agreement from time to time (the ‘amendments’) with one month’s prior written notice to you.

10.2 You may decide not to accept the amendments, in which case you are permitted to terminate this Agreement by delivering a Voluntary Notice.

10.3 If we do not receive a Voluntary Notice from you, you will be bound by the amendments.

Updated Policies

11.1 These Terms and Conditions may be updated periodically. Customers will be notified of any significant changes at least one month in advance, as required under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013.

By placing an order with Pay Weekly Flooring, you acknowledge and agree to these Terms and Conditions.