“Kite Flooring” is the trading name of Kite Designs Ltd, with a registered address of 5a Frascati Way, Maidenhead, Berkshire, England, SL6 4UY.
Our showroom is located at Kite Flooring, c/o Kent and London, 5 Hackney Road, E2 7NX
These terms and conditions provide the basis under which we operate for Residential and Business customers.
Kite Flooring aims to provide great service to all of its customers under very clear terms and conditions. Placing an order with us means you agree to be bound by these terms and conditions.
The ‘Company’ means Kite Designs Ltd, trading as Kite Flooring.
The ‘Customer’ means any customer of the ‘Company’.
The ‘Contract’ means any contract for the sale of goods by the ‘Company’ to the ‘Customer’.
The ‘Goods’ mean any goods forming the subject of this contract including parts and components of or materials incorporated in them.
Before placing an order please check the specification details for suitability of their intended purpose. If you are unsure about the suitability of any product then please ask us for advice.
Samples. Wood is a natural material. Each piece of wood is unique in grain and colour and therefore cannot be truly representative of a finished installation.
Stains and oils. All stains and oils are manufactured for the company, samples, swatches and photographs are a guide only. The company accepts no responsibility for the accuracy of such items and will not be held responsible for any differences in shade, tone, or colour.
Any qualification or variation to these conditions in the Customer’s order or made otherwise by the Customer is excluded from the contract unless expressly agreed by the Company in writing.
The contract or its agreement shall be governed by English Law and the Customer consents to the exclusive jurisdiction of the English Courts in all matters regarding this contract except to the extent that the Company invokes the jurisdiction of the Courts of any other Country.
Any shortages, damages, or complaints concerning the goods wherever delivered or collected should be notified in writing to the seller within 7 days from the date of delivery or collection, failing which all claims shall be deemed to be waived and barred. Any visible defects in the goods must be notified immediately after delivery or collected and the Company must be allowed sufficient time to replace any faulty goods before installation, after installation of any goods no visible defects can be claimed and all claims shall be deemed to be waived and barred.
Any claims and liability will be limited only to the value of the supplied goods whether in whole or proportionate to an affected part of the order only. The total claim cannot exceed the total invoice amount excluding VAT and transport. Removal and installation costs are excluded. No third-party costs such as, but not limited to, the cost for storage, labour, relocation, cleaning, decorating, or any other costs related to the supplied materials only, shall be considered.
If goods are sold to a Business Customer that has not been paid and are delivered to a third party the Company still retains ownership. If the original purchaser becomes insolvent or applies for receivership the third party will become liable for the goods.
If you wish to return stocked items, we charge a 20% restock fee, plus a collection fee. Goods must be in a saleable condition.
We do not accept returns on bespoke items or made-to-order items.
All quotations by the Company are subject to acceptance within 28 days.
All supply and fit quotations are valid for 28 days from the date on the quotation.
The Company reserves the right to withdraw a quotation at any time before it has been accepted by the Customer. No quotation issued by the Company shall constitute an offer to supply or supply and fit goods.
100% of the materials cost need to be paid for in advance of any order. When we are fitting the floor, 60% of the fitting cost is required in advance. The remaining 40% is payable upon successful completion of the project.
Quotations will either be supply only, or for supply and fitting. If we offer supply only and give a free site visit to measure, these measurements are for the material amount we believe to cover the works. We do not accept back any materials left over if the floor is a bespoke floor.
3. Installing a Kite Floor
Please refer to our Installation and Maintenance Guidelines
Please note our installation guidance is advisory and is based on established good practice and the BS-8201-2011 standard. It is the fitter’s responsibility to follow these procedures before, during, and after installation.
Please pay particular attention to the Underfloor Heating. This should never go above 27 degrees C.
Our straight wooden floors can be fitted floated, glued or nailed. The majority of our engineered wood floors are “tongue and groove”. When fitting these floors floated, it is imperative that the side tongues and grooves, are glued using a good quality wood glue, such as PVA. The ends of the boards should also be glued. Failure to do this will result in the boards moving apart over time, as the floors expands and contract. If the floors are to be glued down, it is not necessary to glue the tongues into the grooves.
Our Laminate floors should be fitted floating, our Patterned floors, such as Chevron or Herringbone, should be glued down.
Also, pay particular attention to each board, before fitting, as inevitably the manufacturing process can create defects across a small number of boards across any order. If boards are fitted with defects, they cannot be rectified or refunded.
4. The Installers Responsibility (Supply Only)
It is the installer’s responsibility to carry out a final inspection of the floor prior to installation to ensure the colour, grade, quality, manufacture and finish are acceptable. On average, 1% to 2% of our boards may have a defect on them. This can vary from a crack, to a slightly raised knot. Please, please, make sure the product is checked with the end user, before it has been fitted.
Several packs should be opened before fitting the floor, with the boards laid out in the area they are going to be fitted. An assessment should be made that the product is the correct colour, size, finish, grade and quality, and this must be approved by the end user. If there are any deficiencies in the boards do not fit them. If the product is deemed not acceptable, for any reason, do not install it, and contact Kite immediately.
Once a product has been fitted, no financial assistance can be given, nor can the product be returned.
5. Receiving the floor delivery
The property should be sealed prior to delivery; Wood floors should not be delivered and stored in areas that are not sealed, or do not have similar atmospheric conditions to where the floor will be fitted. This is because wood can pick up excess moisture, and expand. This means the product should not be stored in garages, or extensions that have not been sealed.
When possible, the company will offer samples free of charge. Given the natural nature of wood, samples, including photos, should only be used as a guide.
The majority of the boards we supply are a Rustic grade. This means there are colour variations and knots. This is normal and does not subtract the quality of hardwood flooring.
Other grades are available, on a made-to-order basis.
8. Supply and Fit, Renovation and Restoration
The company requires a 60% deposit of works, plus full payment of any materials.
Outstanding balances will be invoiced upon successful completion of the project, and payable immediately.
The company requires 14 working days’ notice if the customer wishes to cancel or postpone works. When 14 working days’ notice is not given, the company will do its best to find other work for the fitting teams, but if this is not possible, it reserves the right to retain the 60% deposit, to provide the teams with income during this period.
When an old floor covering is removed, any defect or problem with the exposed subfloor may need to be rectified. If this additional work can be carried out by our teams it will be charged as extra to the original estimate and may extend the fitting or renovation time. If the work cannot be carried out by our teams the customer must find a trade person to carry out the work and the floor fitting and renovation will take place at a future date once this work is complete.
If it is discovered that the sub-floor requires remedial works, to ensure the correct fitting, the company reserves the right to charge extra for these works. We will do our best to highlight these works through a site survey, but on occasions, it may not be possible, for example when the sub-floor is hidden below an old floor covering, or when estimating the amount of product required, such as levelling compounds.
When fitting wood floors, an allowance for wastage must be factored in. The wastage varies with the shape of the boards and rooms, with straight boards, in square rooms, requiring less wastage than patterned floors in curved rooms. Given the nature of woodcuts, it is impossible to get this figure exact, but the Company will make its best estimate, avoiding significantly over-ordering. As a result, should more wood be required, we reserve the right to charge for this.
The heating and ventilation system should be in use before the floor is laid. All plasterwork to walls and ceilings should be finished before the floor installation (plasterwork should have a maximum moisture content of 8%). The subfloor should be left clean and dry after the completion of other trades.
The Company will commence installation as a final trade. If floor installation is to take place before decorating or the electrical final fix, adequate provisions should be made for the protection of the finished floor. If other trades, such as decorators, joiners, etc are programmed to second fix after installation, building paper or sisal Kraft should be laid over hardwood flooring and taped to allow adequate protection against damage or staining.
The Company reserves the right to make additional charges for the removal of appliances, furniture, breakables, carpet, gripper rods or underlay, or any other item that could delay our fitting process. The company is not qualified to disconnect any gas-powered or permanently wired appliances. It is the customer’s responsibility to arrange for a qualified tradesperson to disconnect and once the floor has been installed reconnect the appliances.
We do not fix down any boards that may have or have electrical wires, water pipes, or anything that may cause water or electrical fault. The Company cannot be held responsible for any damage incurred to these if not marked.
When heat guns or edger machines are used, for example, when we undercut skirting, surrounding areas can be damaged. This is the nature of the work, and whilst we will do our best to minimise damage, we will not be held responsible for any repairs.
If we have to move and thereby disconnect any plumbed-in equipment such as washing machines, dishwashers, etc, or any large items like refrigerators, etc, while care will be taken, we cannot be held responsible for any damage caused or subsequent leaks from the same.
It is the client’s responsibility to check any utilities that have been moved before using them.
We advise you that when fitting or restoring wooden floors that require sanding and sealing, three different types of sanding machines have to be used. It is impossible to use these sanding or staining machines without some damage being incurred to skirting, walls, doors, or, ceilings below floor level. While care will be taken by our fitters or restorers, we cannot be held responsible for any such damage caused, or the cost involved to repair or redecorate any décor. If the property is above another please note that vibration, knocking, banging may cause damage below and any repairs will be at the client’s cost.
There will be dust from the industrial sanding machines we use. We will use dust sheets to protect as much as we can, but it is impossible to contain all the dust. We advise you to remove or protect all curtains, drapes, and paintings, etc.
If we find that once on-site conditions are not correct for us to carry out works in our time frame we reserve the right to charge an additional cancellation fee. This will be set at a level to compensate the team for loss of earnings, for example, the day rate for a two person team is £400 + vat per day. We will return at a given date to be decided once conditions are correct, for example; the sub-floor needs to be dry, plaster works need to be dry, areas need to be completely cleared, doors and windows installed and the property is sealed.
Anything that is moved across wooden floors needs to have protection (chair leg pads etc) to prevent scratching and dents and wear.
All wood floors require an expansion gap to be left around the perimeter of the room, typically 8mm, to allow the floors to expand and contract during seasonal changes, without movement. This expansion gap can be covered with ‘beading” or by skirting boards. The Company is able to remove and refit skirting boards, but, due to the nature of skirting, it can cause damage to walls when removed. Also, when fitting, as many walls are not straight, it is very common for gaps to appear between the skirting and the walls. Both damage to the walls, and the gaps, can be easily repaired by a decorator, but the Customer should ensure this trade is budgeted for at the end of the project. The Company will not be liable for any damage caused by the removal and refitting of skirting.
9. Floated or Glued
Our floors can be fitted floated or glued.
Floated floors are when the floors are laid on top of underlay, which in turn is on top of the sub-floor. It is the cheapest and most common way of fitting wood floors, but as the floor can still move, it can make creaking noises when walked on, especially when the floors expand and contract with the change of seasons, or they experience large changes in temperature with underfloor heating. This is simply the natural movement of wood floors.
Whilst glueing floors is more expensive, it is a better solution if you are looking to minimise the movement of the floor. Note, floors can only be glued onto certain materials, but ask Kite Flooring for details on this.
Stains tend to have unpredictable results when being applied, for example, possible bleeding effects and the reaction from past wood infection. Moreover, certain woods like maple, beech, oak, Merbau, birch, and pine do not take stains well and can result in some big colour variations and overlapping.
Due to the staining and finishing process, it is possible that skirting boards and walls may be marked or damaged in the process of renovating your floors. overlapping can be visible. Whilst care will be taken these will likely need touching up or made good once our work is completed.
Please remember that colour can fade due to UV light or when covered.
11. Bespoke flooring and special order items
Our Bespoke flooring is a made-to-order item. Once the colouring or finishing process has started under no circumstances can any order or any part of any order be cancelled.
There will be some items that we do not stock. The Company may then offer to order this for the customer. Items ordered are special order items and once ordered cannot be cancelled.
No refunds are given on any Bespoke flooring items or any special order items.
All our goods, unless requested, are kerbside delivery. This means adequate labour must be provided for unloading. Delivery to the ground floor of a property is available, but an additional charge may be levied, and it must be pre-booked in advance.
The Company can refuse delivery to the site if it is deemed dangerous to the driver.
The Company has no responsibility or liability for the unloading of goods on-site and the storage and security of such goods.
All deliveries must be signed for by an authorised person as proof of delivery. We reserve the right to refuse delivery if no authorised signature is obtained.
Any period or date of dispatch quoted is an estimate only and the Company shall not be liable for any loss or damage arising directly or indirectly from delay in dispatch or delivery.
Risk in the goods shall pass to the Customer when the Customer or its agent takes delivery of the goods.
All cases of Force Majeur such as war, riots, strikes, lockouts, lockdowns, bankruptcy, fire, water damage, delay in transport, lack of means of transport, break down in factories or those of our suppliers or any unforeseeable events give us the right to postpone the fulfilment of the contract as well as to cancel it partially or wholly, therefore, conferring on the buyer the right to claim any damages against the company or manufacturers.
If a delivery is refused or nobody accepts the order an additional charge will be made for re-delivery.
If the Customer wishes to return goods, a pick-up fee will be charged.
Multiple deliveries should be treated separately and each delivery is a separate contract.
Goods will be invoiced at the prices current at the time of dispatch.
Descriptions and prices in the Company’s price list are only current on the day the list is produced. Details of alterations are available on request.
The price list is not an offer. The Company can reject any order. The Company is not bound by an order until an official acknowledgment letter or dispatch document has been raised on its official forms.
All goods supplied by the Company remain its property until paid for. The Company reserves the right of disposal of all goods delivered to the Customer until paid for. The Customer will not deface or remove the Company’s notices of ownership and Retention of Title affixed to goods until paid for. If the Customer sells goods delivered by the Company before they are paid for it will do so as an agent of the Company. Notwithstanding the foregoing, risk in goods delivered by the Company and all liability to third parties in respect of the goods will pass to the Customer from the time when the customer has collected the goods, or when the Company has delivered them either to the Customer or to an independent carrier. The Customer will bear responsibility and risk for any loss arising from damage or theft of the Company’s goods however caused.
If goods are not paid for we reserve the right to enter the Customer’s premises to retrieve the goods even if they have been laid.
If a customer fails to pay for goods or stops payment, the company has the right to claim legal fees and any other costs as a result of the customer’s failure to pay.
Any claim that the goods have been delivered damaged or not the correct quantity or do not comply with their description shall be notified by the Customer to the Company within 7 days. Any verbal advice given by the Company is by no means a guarantee unless put in writing by the Company.
The Company is not liable for any badly or incorrectly laid floors or any subsequent damage, liability, or costs arising from customers employing their tradesmen.
Any alleged defect shall be notified by the Customer to the Company within 7 days of the delivery or fitting of the goods or in the case of any defect that is not reasonably apparent on inspection within 7 days of the defect coming to the Customer’s attention before installation or laying of flooring. In any event within 28 days of delivery.
If the Customer establishes that any goods are defective, the Company shall as its option replace with similar goods or repair any defective goods.
Where the Company is liable under these conditions in respect of only some or part of the goods, the contract will remain in full force and effect in respect of the other or other parts of the goods and no set-off or other claim shall be made by the Customer against or in respect of such other or parts of the goods.
15. Consumer Rights for Residential Customers
Returns policy for stocked orders. Note, this does not apply bespoke items, which are made-to-order.
For Consumers, The Consumer Rights Act 2015 applies.
You also have rights when it comes to returns. For example, you have the right to return your order for up to 7 days after the goods come into your possession as a result of the Distance Selling Regulations act 2000.
However, if you do decide to return the goods in part or wholly then you must abide by the Distance Selling Regulation guidelines (a copy of which can be found at – www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
Provided your order is not a bespoke order, you also have the right to cancel your purchase before your order has been dispatched to you. If cancellation is confirmed before the order being dispatched, the full invoice amount will be refunded to you within 5 working days.
If you cancel and would like to return your order after delivery, you will need to do so at your own expense. Upon receipt of the order, we will inspect it then refund the total amount to you providing the goods are in perfect condition.
All goods must be sent as they are received, complete with packaging and in their original condition. Following their delivery to us, we will refund the total due to you onto the payment card that you originally used. This will be made within 7 days of receiving the goods.
For more information on any of these Terms and Conditions, please email – firstname.lastname@example.org