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 bespoke nature of our flooring products, refunds are subject to the following terms:

(a) All deposits are non-refundable, in accordance with the Consumer Contracts Regulations 2013, which exclude bespoke or customized goods from refund entitlements.
(b) In the event of a cancellation, 50% of the total transaction value will be retained to cover costs incurred for 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 For Pay Weekly Sofas, Beds, TVs, and Rugs, refunds are not available. These items are purchased and prepared for dispatch based on the customer’s commitment to a 30% initial payment. This policy ensures fairness and covers the costs of procuring these products specifically for each order.

3.3 Exceptions to this policy will only apply where goods are proven to be faulty or not as described, as outlined 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 and Review Policy

6.1 Scope of Responsibility
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 strictly between the customer and the independent fitter, not Pay Weekly Flooring.

6.2 Independent Contractors
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) Pay Weekly Flooring’s role is limited to recommending fitters and facilitating communication to secure favorable rates. These discounted rates are passed directly to the customer without any additional charges or profit retained by Pay Weekly Flooring.
(c) Any issues related to fitting services must be addressed directly with the fitter.

6.3 Customer Agreement
By signing the agreement, customers confirm their understanding and acceptance that:
(a) Pay Weekly Flooring is not liable for the quality, performance, or outcomes of third-party fitting services.
(b) Pay Weekly Flooring will assist in resolving disputes between customers and fitters but bears no legal or financial liability for fitting-related issues.

6.4 Reviews and Public Comments
(a) Customers agree that any reviews or public comments must fairly and accurately reflect the quality of products and services provided directly by Pay Weekly Flooring, including sales, delivery, and communication.
(b) Reviews or comments that inaccurately attribute liability to Pay Weekly Flooring for fitting-related issues or other matters beyond the company’s control may be subject to removal.
(c) False, malicious, or defamatory statements aimed at damaging the reputation of Pay Weekly Flooring may result in legal action under the Defamation Act 2013 and the Malicious Communications Act 1988.

6.5 Compensation for Defamation
In cases where a review or public comment is proven to be defamatory, misleading, or intentionally damaging, Pay Weekly Flooring reserves the right to seek compensation for reputational harm, business losses, or legal fees incurred. This may include a claim of up to £1,000, pursued in accordance with applicable laws and regulations.

6.6 Commitment to Resolution
While Pay Weekly Flooring is not responsible for third-party fitting services, we remain committed to assisting customers in resolving disputes or concerns with fitters. Customers are encouraged to contact us directly for support in addressing any issues.

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.

11. Regulatory Status

11.1 Exemption from FCA Authorisation: Our instalment credit agreements are structured to be exempt from FCA authorisation under Article 60F(2) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001. This exemption applies because our agreements:

  • Repayment Structure: Repayable by no more than 12 instalments within a 12-month period.

  • Interest and Charges: Offered without interest or other charges (excluding any default charges).

  • Purpose: Designed as borrower-lender-supplier agreements, financing the acquisition of specific goods or services.

By adhering to these conditions, our credit agreements remain unregulated by the FCA, aligning with current legal standards.

11.2 Customer Acknowledgment: By entering into an agreement with us, you acknowledge and accept that:

  • Regulatory Oversight: As our agreements are exempt from FCA regulation, certain consumer protections applicable to regulated credit agreements may not apply.

  • Commitment to Compliance: We are dedicated to maintaining transparency and fairness in all our dealings, ensuring that our practices comply with relevant laws and serve the best interests of our customers.

12. Updated Policies

12.1 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.