Thames carpets

Terms & Conditions

Website terms & conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

2. Copyright notice

2.1 Copyright (c) 2022 Thames Carpets.

2.2 Subject to the express provisions of these terms and conditions:

  1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1 You may:

  1. view pages from our website in a web browser;
  2. download pages from our website for caching in a web browser; and
  3. print pages from our website for your own personal and non-commercial use,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.4 Unless you own or control the relevant rights in the material, you must not:

  1. republish material from our website (including republication on another website);
  2. sell, rent or sub-license material from our website;
  3. show any material from our website in public;
  4. exploit material from our website for a commercial purpose; or
  5. redistribute material from our website.

3.5 Notwithstanding Section 3.4, you may redistribute our newsletter in print and electronic form to any person.

3.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

  1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
  2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. hack or otherwise tamper with our website;
  4. probe, scan or test the vulnerability of our website without our permission;
  5. circumvent any authentication or security systems or processes on or relating to our website; or
  6. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Products

5.1 We have made every effort to display the colours of our products that appear on our online shop as accurately as possible, however we cannot guarantee that your computer's display of any colour will be accurate.

5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.3 Prices stated on our website may be stated incorrectly.

5.4 The sale and purchase of products through our website will be subject to terms and conditions of sale.

5.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 8 and Section 9.

5.6 We cannot guarantee that the quality of any products, services, or information purchased or acquired by you will meet your expectations.

6. Registration and accounts

6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.3 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7. Cancellation and suspension of account

7.1 We may:

  1. suspend your account;
  2. cancel your account; and/or
  3. edit your account details,

at any time in our sole discretion with or without notice to you.

7.2 We will usually cancel an account if it remains unused for a continuous period of 18 months.

7.3 You may cancel your account on our website using your account control panel on the website.

8. Our rights to use your content

8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].

8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

9. Rules about your content

9.1 You warrant and represent that your content will comply with these terms and conditions.

9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  7. be in contempt of any court or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. depict violence in an explicit, graphic or gratuitous manner;
  13. be pornographic, lewd, suggestive or sexually explicit;
  14. be untrue, false, inaccurate or misleading;
  15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  16. constitute spam;
  17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  18. cause annoyance, inconvenience or needless anxiety to any person.

10. Report abuse

10.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

10.2 You can let us know about any such material or activity by email .

11. Limited warranties

11.1 We do not warrant or represent:

  1. the completeness or accuracy of the information published on our website;
  2. that the material on the website is up to date;
  3. that the website will operate without fault; or
  4. that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

  1. are subject to Section 12.1; and
  2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  1. send you one or more formal warnings;
  2. temporarily suspend your access to our website;
  3. permanently prohibit you from accessing our website;
  4. block computers using your IP address from accessing our website;
  5. contact any or all of your internet service providers and request that they block your access to our website;
  6. commence legal action against you, whether for breach of contract or otherwise; and/or
  7. suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. Third party websites

14.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

14.2 We have no control over third party websites and their contents, and subject to Section 12.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Trade marks

15.1 Thames Carpets, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

15.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

16. Variation

16.1 We may revise these terms and conditions from time to time.

16.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

16.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

17. Severability

17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Third party rights

18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. Entire agreement

19.1 Subject to Section 12.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

20. Law and jurisdiction

20.1 These terms and conditions shall be governed by and construed in accordance with English law.

20.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of England.

21. Statutory and regulatory disclosures

21.1 Our VAT number is 133191440.

22. Our details

22.1 This website is owned and operated by Thames Carpets.

22.2 Our principal place of business is at Thames Carpets, Newtown Road, Henley-on-Thames, Oxfordshire, RG9 1HG, United Kingdom.

22.3 You can contact us:

  1. by post, to the postal address given above;
  2. by telephone, on +44(0)1491 574676; or
  3. by email, using info@thamescarpets.co.uk

Services terms & conditions

1. Definitions

1.1 In these Terms and Conditions, except to the extent expressly provided otherwise:

"Charges" means:

  1. the charges and other payable amounts specified in Section 3 of the Statement of Work and elsewhere in these Terms and Conditions; and
  2. such other charges and payable amounts as may be agreed in writing by the parties from time to time;

"Contract" means a particular contract made under these Terms and Conditions between the Provider and the Customer;

"Customer" means the person or entity identified as such in Section 1 of the Statement of Work;

"Customer Premises" means any premises owned or controlled by the Customer at which the parties expressly or impliedly agree the personnel of the Provider shall provide Services;

"Effective Date" means the date of execution of a Statement of Work incorporating these Terms and Conditions;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

"Provider" means [Thames Carpets], at [Thames Carpets, Newtown Road, Henley-on-Thames, Oxon, RG9 1HG, United Kingdom];

"Services" means the carpet and rug cleaning services specified in Section 2 of the Statement of Work;

"Statement of Work" means a written statement of work agreed by or on behalf of each of the parties;

"Term" means the term of the Contract, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2; and

"Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time.

2. Term

2.1 The Contract shall come into force upon the Effective Date.

2.2 The Contract shall continue in force [indefinitely] OR [until:

  1. all the Services have been completed; and
  2. all the Charges have been paid in cleared funds,

upon which it will terminate automatically], subject to termination in accordance with Clause 12.

2.3 Unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.

3. Services

3.1 The Provider shall provide the Services to the Customer in accordance with these Terms and Conditions.

3.2 The Provider shall provide the Services [with reasonable skill and care] OR [in accordance with the standards of skill and care reasonably expected from a leading service provider in the Provider's industry].

3.3 If the Customer believes that any element of the Services does not meet the standard specified in Clause 3.2, then the Customer must promptly notify the Provider and allow the Provider to investigate the matter (including where applicable allowing the Provider to inspect the results of those Services) and, if those Services do not meet that standard, re-perform those Services.

3.4 The Provider shall devote such of its personnel's time and expertise to the performance of the Services as may be necessary for their satisfactory and timely completion.

3.5 The Provider shall comply with all reasonable requests and directions of the Customer in relation to the Services.

3.6 The Customer acknowledges that the Services may not always result in the removal of all stains and spillages from carpets and rugs, and that burns and other damage to carpets and rugs may not be affected by the Services.

3.7 The Customer shall be responsible for moving any furniture that is situated on top of any carpet or rug to be cleaned, or that otherwise inhibits the provision of the Services. If the Provider's personnel agree to move or assist with the moving of such furniture, then subject to Clause 11.1, the Provider will not be liable to the Customer in respect of any resulting damage, whether to furniture, carpets, rugs or otherwise.

4. Services appointments

4.1 The Provider shall provide the Services during appointments commencing on the date(s) and at the time(s) either specified in the Statement of Work or agreed from time to time between the parties.

4.2 If the Provider is unable to attend a Services appointment by reason of personnel shortage or illness, then providing the Provider has used reasonable endeavours to engage alternative personnel and does not cancel more than 2 consecutive Services appointments, the Provider may by written notice to the Customer cancel the Services appointment, in which case:

  1. the Provider shall not be in breach of these Terms and Conditions or otherwise liable to the Customer in respect of a failure to supply the relevant Services; and
  2. the Customer shall be released from any liability to pay Charges in respect of the relevant Services, and shall be entitled to a refund of any Charges previously paid in respect of those Services.

5. Customer Premises

5.1 The Customer shall:

  1. promptly provide to the Provider such access to the Customer Premises as is reasonably required by the Provider for the provision of the Services;
  2. maintain the Customer Premises in good order for the supply of the Services and in accordance with all applicable laws; and
  3. if the Customer is not a consumer, be responsible for ensuring the health and safety of the Provider's personnel whilst they are at the Customer Premises.

5.2 If the Customer is not a consumer, then in the performance of the Services at the Customer Premises, the Provider shall comply with all reasonable health, safety and security rules, regulations and requirements advised by the Customer to the Provider.

5.3 The Provider shall use all reasonable measures to secure any keys, and any other means of access, supplied by the Customer to the Provider for the purpose of enabling the Provider's personnel to enter and work at the Customer Premises.

6. Customer obligations

6.1 Save to the extent that the parties have agreed otherwise in writing, the Customer must provide to the Provider, or procure for the Provider, such:

  1. co-operation, support and advice;
  2. information and documentation; and
  3. governmental, legal and regulatory licences, consents and permits,

as are reasonably necessary to enable the Provider to perform its obligations under the Contract.

6.2 The Customer must provide to the Provider access to a water supply, a waste water disposal facility, a mains electricity supply and toilet facilities.

7. Charges

7.1 The Customer shall pay the Charges to the Provider in accordance with these Terms and Conditions.

7.2 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.

7.3 The Provider may elect to vary any element of the Charges by giving to the Customer not less than 30 days' written notice of the variation expiring on any anniversary of the date of execution of the Contract

7.4 Any carpets or rugs left at the providers premises for a period of more than 30 days after completion of services will incur a storage charge of 10% of the cleaning bill per week.

8. Payments

8.1 The Provider shall issue invoices for the Charges to the Customer in advance of the delivery of the relevant Services to the Customer.

8.2 The Customer must pay the Charges to the Provider within the period of 30 days following the issue of an invoice in accordance with this Clause 8.

8.3 The Customer must pay the Charges by debit card, credit card, direct debit, cheque or bank transfer (using such payment details as are notified by the Provider to the Customer from time to time).

9. Warranties

9.1 All of the parties' warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Contract will be implied into the Contract or any related contract.

10. Customer indemnity

10.1 The Customer shall indemnify and shall keep indemnified the Provider against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Provider and arising directly or indirectly as a result of any breach by the Customer of these Terms and Conditions.

11. Limitations and exclusions of liability

11.1 Nothing in these Terms and Conditions will:

  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law,

and, if a party is a consumer, that party's statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.

11.2 The limitations and exclusions of liability set out in this Clause 11 and elsewhere in these Terms and Conditions:

  1. are subject to Clause 11.1; and
  2. govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

11.3 The Provider will not be liable to the Customer in respect of any losses arising out of a Force Majeure Event.

11.4 The Provider will not be liable to the Customer in respect of any loss of profits or anticipated savings.

11.5 The Provider will not be liable to the Customer in respect of any loss of revenue or income.

11.6 The Provider will not be liable to the Customer in respect of any loss of business, contracts or opportunities.

11.7 The Provider will not be liable to the Customer in respect of any special, indirect or consequential loss or damage.

12. Termination

12.1 The Provider may terminate the Contract by giving to the Customer not less than 30 days' written notice of termination. The Customer may terminate the Contract by giving to the Provider not less than 30 days' written notice of termination.

12.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:

  1. the other party commits any breach of the Contract, and the breach is not remediable;
  2. the other party commits a breach of the Contract, and the breach is remediable but the other party fails to remedy the breach within the period of 30 days following the giving of a written notice to the other party requiring the breach to be remedied; or
  3. the other party persistently breaches the Contract (irrespective of whether such breaches collectively constitute a material breach).

12.3 Subject to applicable law, either party may terminate the Contract immediately by giving written notice of termination to the other party if:

  1. the other party:
  2. is dissolved;

(ii) ceases to conduct all (or substantially all) of its business;

(iii) is or becomes unable to pay its debts as they fall due;

(iv) is or becomes insolvent or is declared insolvent; or

  1. convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
  2. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
  3. an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract); or
  4. if that other party is an individual:
  5. that other party becomes incapable of managing his or her own affairs as a result of illness or incapacity; or

(ii) that other party is the subject of a bankruptcy petition or order,

and if that other party dies then the Contract shall automatically terminate.

12.4 The Provider may terminate the Contract immediately by giving written notice to the Customer if:

  1. any amount due to be paid by the Customer to the Provider under the Contract is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and
  2. the Provider has given to the Customer at least 30 days' written notice, following the failure to pay, of its intention to terminate the Contract in accordance with this Clause 12.4.

13. Effects of termination

13.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 8.2, 10, 11, 13 and 15.

13.2 Except to the extent expressly provided otherwise in these Terms and Conditions, the termination of the Contract shall not affect the accrued rights of either party.

14. Subcontracting

14.1 Subject to any express restrictions elsewhere in these Terms and Conditions, the Provider may subcontract any of its obligations under the Contract.

14.2 The Provider shall remain responsible to the Customer for the performance of any subcontracted obligations.

15. General

15.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.

15.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

15.3 The Contract may not be varied except by a written document signed by or on behalf of each of the parties.

15.4 The Contract is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.

15.5 The Contract shall be governed by and construed in accordance with English law.

15.6 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.