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Introduction & Scope.
Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for the website available at the URL www.turgonflooring.co.uk (the “Site”), including its sub-domains and its mobile optimized versions, along with any products and services offered thereby. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.
The Site and the provided products and services are delivered by Turgon Flooring Ltd (hereinafter referred to as “Turgon”). The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Turgon and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
Henceforth, by accessing this Site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
Services Offered.
Turgon provides electronic commerce services pursuant to the sale and commercialization of floor and flooring products to the public and to tradesmen. Accordingly, Turgon agrees to furnish its online e-commerce services (the “Services”) to: (i) the visitors that browse the Site; (ii) buyers and sellers of goods registered into the Site; and (iii) any other users that have opened an account, all subject to the following Terms.
Subject to the terms and conditions of these Terms, and solely in order to use the Services, you are hereby granted a non-exclusive, limited, revocable, non-transferable authorization to use the Services, only as permitted by the features thereof and by these Terms. Turgon hereby reserves all rights not expressly granted herein in the Service. Turgon may terminate this authorization at any time and for any reason.
Purchase Terms.
There may be occasions where a product that is listed on the Site has been incorrectly listed (e.g. typographical error, hand error or system error). In such case, Turgon hereby reserves the right to refuse or cancel any orders placed for any and all products incorrectly listed. If your payment processing method has already been charged, Turgon will cancel your order and issue a refund or credit to your payment processing account in the amount of the incorrect price.
The receipt of the order is recorded and confirmed by the Site, with the sending of an e-mail to the e-mail address communicated by the customer during registration.
Turgon will undertake its reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, Turgon cannot fully guarantee such information. Accordingly, the products and services provided via the Site may or will be discontinued, and their specifications, availability, eligibility, prices and characteristics will be subject to change at any time, without prior notice and without any responsibility on behalf of Turgon.
Please be advised that the color of actual products may or will vary to the one displayed on your monitor. We strive to display the colors of the products shown on the Site as accurately as technically feasible, but nonetheless we cannot guarantee that your monitor will any color accurately.
Turgon does not make any representation or warranty regarding subjective elements of the products offered via the Site (e.g. this wood type does not ‘look’ as shiny as the old flooring at your home).
Turgon does not make any representation or warranty regarding the texture, weight, dimensions, quality or merit of any items, nor for the craftsmanship, merit and other artistic characteristics of the products offered via the Site.
Shipping Policy.
Before placing a final order for your items, you will be able to review the amount and type of shipping and handling fees for your order. All dates displayed are estimated, and Turgon will use its commercially reasonable efforts to ship products within a reasonable timeframe after receipt of completed order, as well as to keep you updated via parcel tracking technology, if available.
Shipping fees are determined by numerous factors, such as weight, dimensions, delivery address and type of shipping. If you want to purchase multiple items, you can preview the costs in the site, and you can also add one or more items into one or more orders in your shopping cart. Please remember to introduce your zip code for better results. This calculator will help you to understand all available shipping options and fees before you make a purchase.
Please take into account that we may use third-party services in order to keep you updated of package tracking, and therefore Turgon will not be responsible for any delays or errors by any third party logistics providers.
If we send the products via a third party courier service, Turgon cannot take responsibility for any parcels lost during transit unless you specifically pay for insurance coverage. We will, however, take measures with the used courier service to try to help locate any missing items. If you wish your parcel to be fully covered, we recommend that you add extra insurance to cover any potential loss or damage of your goods (for a small fee).
We usually ship all order items together where possible, and will inform you if your order requires multiple shipments before payment. For the case of temporary unavailable items that you select to purchase, they will be shipped as they become available.
Depending on your place of residence, Turgon may collect taxes on orders placed, and you will be able to review them before placing your final order.
Turgon may not be able to ship items to certain regions, and therefore we may reject orders with certain delivery addresses. If that becomes the case, we will inform you about the matter.
Due to high demand or supplier unavailability, some products may periodically be out-of-stock. If you have already placed an order for an out-of-stock item/s, please note that you can opt to wait for the item to return, select an alternative, or simply cancel your order. Your credit card will not be processed until the item is back in stock.
Refund Policy.
If you have a problem with your order, please contact us as soon as possible. Due to the hand-made quality and finish of our products, we cannot offer a refund option since all orders are made tailored to each customer and cannot be really sold to other persons. Notwithstanding the foregoing, if you find any material, craftsmanship or work defects on any of our products, please contact us immediately and include a description of the items in question, including the reason for query, your name, address, account information, payment details, products along with images of the item and any defects or shipping damages. We will take the commercially appropriate measures in order to help your case.
Payment Processing Terms.
We use payment platforms provided by globally accepted third-party payment processors, such as Stripe. Accordingly, the processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Turgon is not responsible for any and all errors, fees and currency conversions fees by the payment processors.
Such third party payment transaction processors have enacted their own terms of use, user agreements and privacy policies, which will govern their provision of services to you in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
If you elect to use a direct payment gateway in order to complete your purchase, then the third-party payment processors will collect and store credit card data. Your purchase transaction data will only be stored only as long as it results necessary to complete your transaction with us. After such order or transaction is complete, your purchase transaction information will be deleted.
Disputes & Charge-backs.
You must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to Turgon for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Turgon as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.
Updates & Amendments.
Turgon reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice. Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Parental Notice.
Turgon encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. Turgon does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you will not be able to use the Site, even under the direct supervision of your parent or legal guardian. Users are prohibited from providing Turgon with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians.
Turgon does not knowingly collect any kind of information from any person under the age of eighteen (18), and will delete any related information thereto. For more information, please read our Policy.
Prohibited Activities.
As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:
Term, Termination.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) Turgon begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) Turgon’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Turgon to you from time to time; or (v) Turgon’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.
No Spam
We reserve the right to screen our content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
User Privacy.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Advertising, Opt-out
We may support the Site and our Services through advertising and other commercial opportunities. These advertisements may be tailored to the content the Site, and the nature and extent of such advertising by us is subject to change without prior notice. Please refer to our Policy for information regarding certain advertisement opt-out.
Newsletters.
The Site may allow you to create and/or subscribe to a newsletter service, which may be provided by us or through an authorized third party. Through such newsletter, buyers may receive information according to seller’s preferences.
As a user, you will receive a conspicuous communication indicating subscription therefore and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
No endorsement
The images, texts, posts, information, photographs and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the Site is undertook by external third parties, and does not reflect Turgon’ opinions, nor do Turgon, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
You acknowledge and agree that Turgon shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Disclaimer of Warranty.
To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Turgon, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.
Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
Liability Disclaimer.
In no event shall Turgon, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Turgon, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Generals
Assignment. These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Turgon’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Force Majeure. Turgon is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Turgon’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.
Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Turgon will be irreparably damaged, and therefore you agree that Turgon shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., U.K., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
No Relationship. You and Turgon are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
No Waiver. Failure by Turgon to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
Applicable Law, Forum.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively in the competent courts with jurisdiction in the United Kingdom.
You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the United Kingdom will govern these Terms and any claim, without regard to conflict of law provisions.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
Contact
If you have any questions or queries about us, the Site, our Services or these Terms, please contact us at:
Call: 0208 343 3463
Date of last effective update is 04/02/ 2021.