‘Customer’ shall be the person who accepts a quotation for the sale of goods.
‘Goods’ shall be the products which the Company is to supply to the customer.
‘Company’ shall FLOOR DEPOT GROUP OF COMPANIES.
‘Completion’ shall be the final date at which the products are installed.
‘Contracts’ shall be contract for the good and services offered by the Company.
‘Installer’ shall be the person sent by the Company to fit the floor.
‘Price’ shall be the total price for the goods and services offered by the Company.
‘Installation Service Delivery Note (ISDN)’ shall be where the customer signs that he/she is satisfied with the installation and no faults are found in the work.
(a) The Company shall sell and the Customer shall purchase the Goods and Services as detailed in the Contract and is mutually agreed by the Company and the Customer. The Customer shall read these terms and conditions thoroughly before signing and agreeing to the Contract to ensure he/she understands the basis of the Contract. If the Customer has any confusion over any of the terms and conditions or the Contract he/ she must clarify before they sign the Contract.
(b) The Customer`s signature on the Contract constitutes as a legally binding order by the Customer but no by the company until a full survey of the area has been carried out.
3. Description of Goods and Order
(c) Only the work detailed in the Contract will carry out by the Company at the time of installation and at the Price agreed on the Contract. Any additional work carried out will be at an additional cost agreed by the Customer.
(a) A sample of the Goods shall be shown to the Customer and agreed before installing takes place. If there are and disputes over the Goods, or should they be different to those that were ordered, this must be pointed out before installation begins. Any stipulations after this point will be the fault of the Customer and not the Company and shall only be rectified with cost to the Customer.
(b) Although every care has been taken in choosing the very best quality of flooring however it will vary slightly from sample to sample. Natural flooring will contain knots and markings. These are not faults in the planks containing small natural knots and marking will not be changed. Only damaged planks will be changed. Natural flooring, particularly Solid Wood and Engineered Wood, are subject to change in room humidity, hence seasonal movement and shrinkage gaps. These are unavoidable and are to be expected.
(c) All flooring materials remain the property of the Company until the final balance has been received from the Customer. The Company reserved the rights to collect all materials should there be any dispute with the final balance.
(a) The Customer shall agreed to pay the Company the Price as agreed by the Customer. This Price shall remain fixed for 30 days from the date of the Contract. The Company reserves the rights to change the Prices of its products/ services from time to time to reflect the change in living costs.
(b) The Price quoted is on the agreement that the full survey will find no faults or hindrances i.e damp, before installing takes place. Any unforeseen obstacles could result in the termination of the contract or new pricing. The Price quoted, unless otherwise specified or agreed, is based upon the cost of wages, materials, plant hire, taxes etc prevailing at the date of this Contract. The Company reserves the right to amend the Contract by the net amount of any extra costs arising or incurred by the Company occurring before completion of the works as specified in the Contract. Due to any factors beyond the control of the Company such as without limitation any unforeseen structural works, conditions requiring repair as uncovered, or advised by the Company prior to final installation of the Goods, any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions regarding pre-existing site conditions.
5. Terms of payment
(a) All Flooring Materials & Services Price shall be paid for before delivery or any other installments or credit approved by the Company.
(b) In the event that any of the installments payable shall not be paid within 7 days of the due date the whole of the balance of the price shall become immediately due together with the interest thereon which interest shall accrue on any outstanding balance at the rate of 10% per annum above the current BLR until payment in full is made.
(c) Should the Installer deem that the floor cannot be installed at the time of survey because of structural problems or damp, etc, the Installer will recommend how to rectify the problem and, on agreement with the Customer, the payment will be kept until a time when floor can be installed.
6. Installation and Completion
(d) In the event of final payment dispute, the Customer & the Company shall conduct joint final site measurement to ascertain the final amount of payment of which must subject to 10% material wastage factor on top of the net measurement derived.
(a) Installation of the Goods shall be undertaken by the Company strictly in accordance with the Contract and these terms and conditions.
(b) The Customer must ensure ALL areas are cleared prior to installing. If areas are not cleared, the Company takes no responsibility for damage that may occur to furniture, walls, doors etc as a result of the Installer does refuse to install the floor due to the areas not being cleared, the Company will arrange another time for the Installer to return to install the floor. This will therefore incur an additional cost to the Customer for time rescheduling and wages.
(c) The Customer must ensure ground floor waterproof system has been done prior to the installation of wooden types flooring.
(d) The Customer has to supply installation required electricity and water at no cost to the Company.
(e) Completion of the Contract shall take place on completion of the installation and the Customer will sign the ISDN. Once ISDN has been signed, Customer is legally binded by these terms and conditions. Any scratches and marks found in the floor that have been caused by the Installer will only be rectified if pointed out to the Installer before the Customer has signed the ISDN. Any scratches noticed after this time i.e. the following day, will be assumed to be the fault of the Customer and will not be rectified at no cost to the Customer. Therefore, it is requested that the Customers take time to check the floor before they sign the ISDN. Wooden type flooring is a delicate material and will result in scratches if improper maintenance & care.
(f) Any changes to the original Contract will be agreed and ISDN signed with the Customer before they are carried out. Any disputes after this ISDN signed will not be rectified at no cost to the Customer.
7. Company’s rights to cancel
(g) Due to the cost of loading and landfill tax, all types of old floor materials that were uplifted in order for the new floor to be laid, will not be removed by the Installer. It is up to Customer to dispose of his/ her own waste. Rubbish will only be removed if this has been costed into the Contract.
The Company may cancel this Contract at any time on 7 days in written notice to the Customer. In this event, the Company will pay the Customer on the cancellation of no more than the Contract value, unless the cancellation was by reason of any act of default of the customer.
(a) In addition to the Customer statutory rights, the Company warrants that the Flooring Materials will be free from defect. Please refer to warranty sheet for detail.
(b)The Company shall be under no liability whatsoever in respect of any defect arising from subsidence, building movement, storm damage, fair wear and tear, domestic pet or vermin damage, willful, or accidental damage, negligence, abnormal working conditions, misuse or alteration or repair of the flooring materials without the Company`s approval.
(c)The Company shall be under no liability whatsoever in respect of any damage or deterioration in the flooring materials where any intermittent, prolonged, or chronic contact with excessive moisture or humidity, or free water has occurred or been permitted, even unknowingly, by the Customer.
(d)The Company shall be under no liability under the above warranty, condition or guarantee if the Price of the
Contract is not paid on the due date from the date that the payment was due until such time as the price is paid in full. The Customer`s statutory rights are not affected. If the Customer has any doubts as to their statutory rights they should seek independent legal advice.
1. Any dispute, controversy or claim arising out of or relating to this Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration.
2. The Company reserves the rights to change these terms and conditions from time to time. This will not affect the terms and conditions that are agreed by the Customer at time of purchase.
3. When you purchase any product (the "Product(s)") and/or handling, delivery, installation and/or any other services (the “Service(s)”) from Floor Depot Retail Sdn Bhd ("us", "we", "our") on www.floordepot2u.com(the "Website"), you conclude a legally binding agreement with us based on these Sales Terms and Conditions. Each order under which you purchase Product(s) and/or Service(s) shall be referred to as an "Order".
6. You agree that we may modify these Sales Terms and Conditions without liability and without prior notice to you. The modified Sales Terms and Conditions will be posted on the Website, and will come into effect from the date of such posting.
7. You are advised to check for updates to these Sales Terms and Conditions regularly, prior to purchasing any Product(s) on the Website.
8. You understand that you must, at your own cost, provide telecommunication services, computers and other equipment or services necessary to access the Website. You must comply with all the rules and regulations that apply to the means that you have used to access the Website (e.g. Internet access).
9. We will do our best to check the Website for viruses but we do not warrant that the Website is free of viruses or other malicious content.
10. All decisions and determinations made by us under these Sales Terms and Conditions are final.
Product(s) – Description and Prices
12. All Products sold through the Website are intended for domestic use only; the Products are not suitable for commercial or industrial use unless expressly stated.
13. We try our best to make sure that all information on the Website, including descriptions of the Product(s) and/or Service(s) and listed prices are accurate at all times.
14. When browsing the Website, the colours of Products may vary depending on a number of factors, such as the display settings of your computer monitor.
15. Pictures and images on the Website are for illustration purposes only. For an accurate description of any Product and details of what is included with the Product, please read the Product description.
16. Unless otherwise stated, all Product prices shown on the Website are quoted in Malaysian Ringgit and are inclusive of applicable taxes.
However, the Product prices are not inclusive of Service fees, which will be added to your total Order price.
17. We do not guarantee that:
(a) the Product or Service prices on the Website will be the same as the in-store prices (and vice versa);
(b) any promotion that is offered on the Website will be available in-store (and vice versa); and
(c) any Product or Service that is offered for sale on the Website will also be offered for sale in-store (and vice versa).
18. We reserve the right to adjust prices, Products, Product descriptions, Services, Service descriptions and special offers at any time and at our discretion.
Placement of Orders
(a) you are above 18 years of age;
(b) if you are not above 18 years of age, you have obtained the consent of your parent or guardian to place the Order;
(c) you are duly authorized to use the customer account under which you have placed the Order
You will also need to provide us with an active email address and a telephone number so that we can easily contact you.
20. Your Order counts as an offer to purchase the Product(s) and/or Service(s) from us, at the prices set out on the order confirmation email.
21. After placing your Order, you will receive an order confirmation email. This contains an order number, details of the Product(s) & Service(s) you have ordered and the total cost of the Order
22. The Order confirmation email does not constitute our acceptance of your Order.
23. The sale of Products is subject to availability. If any Product that you have ordered is not in stock, we will contact you.
24. Your Order is only accepted by us when we contact you by email and call from customer service representative.
25. Customer can choose select Self-pick Up option during online checkout and receive an e-mail order confirmation. Floor Depot’s Customer Service representative will call and inform when your order is ready for pickup. Select the outlet you wish to pick up your order from, and the checkout screen will reflect the items and the outlet where your order will be picked up, which will also reflected in your email confirmation.
Self-pick Up Option
Self-pick Up Collection Point
26. Items will be available for pickup during normal outlet operating hours and please visit Locate Us page for applicable outlet hours. Items can be picked up from Monday to Saturday, 9am – 5pm (except Sunday and Public Holiday).
27. Please bring along your order confirmation email, ID card and approach our outlet staff for assistance. If you wish to change your pickup location, please contact the Customer Service at 1300-88-7585 for assistance. Changing outlet may impact the status of your order based on product availability and goods transfer lead time.
28. For any pickup or delivery window extension request, please contact Customer Service 1300-88-7585 for assistance.
Pickup Time Frame Extension
Pick-up by Third Party Delivery Service Provider
30. All items will undergo inspection, packed in good condition before collection. Customer is advised to seek third party delivery service provider to have the items photos taken before collection. This is to ensure items are packed in good condition during collection time.
In the event if items are missing or damage during transit, the third party delivery service provider will be held responsible for the total costs. Any disputes and claims, Customer shall directly seek to the third party delivery service provider for compensation.
Door-to-door Delivery Service
Changes to and cancellation of installation service
Changes to and cancellation of Orders
34. All Product(s) are provided "as-is". We, our affiliates, officers and employees give no guarantee, representation or warranty, whether express or implied, in respect of the quality or fitness for a particular purpose of any Product.
35. We will, under no circumstances, be liable for any loss or damage suffered by you or anyone else arising from any:
(a) modification to the Product that has not been authorised by us in writing;
(b) use of the Product in a manner that has not been authorised by us in writing, or in a manner that not in accordance with how the Product will be used by a reasonable person;
(c) disregard of any safety instructions or guidelines that we have prescribed; and/or
(d) failure to comply with these Sales Terms and Conditions.
36. We will not be liable to you under contract, tort, statute or otherwise for any: (i) indirect, consequential, collateral, special or incidental loss or damage; (ii) loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment, claims of third parties or any associated and incidental costs or expenses; or (iii) losses that are not reasonably foreseeable at the time your Order is accepted, in each case suffered or incurred by you in connection with any Order, any Product or any services procured under these Sales Terms and Conditions or otherwise.
37. Any condition or warranty which may be implied or incorporated into these Sales Terms and Conditions by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality and fitness for purpose) is hereby expressly excluded to the maximum extent permitted by law.
38.Subject to the above and to satisfactory proof, our entire liability to you for a claim in connection with any Order, whether under these Sales Terms and Conditions or otherwise, shall be limited to the Order price.
39.Despite the limitations in the paragraphs above, we do not in any way limit our liability to you for death, personal injury or fraud.
40. Where you buy as a consumer, these Sales Terms and Conditions will not affect your rights under law which cannot otherwise be excluded.
41. We will not be responsible for any delay or failure to comply with these Sales Terms and Conditions if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.
42. To ensure our Products are available to more customers, we reserve the right to limit quantities available for purchase. Quantity limits may be applied per order, per person or household, or to orders that use the same credit card, debit card or E-wallet account; billing and/or delivery address; or share any other account or order attribute. We reserve the right to cancel orders if you attempt to circumvent quantity limitations (e.g. by using multiple email addresses or accounts to order more than a stated limit or by placing multiple, excessive orders of the same product, etc).
43. Unless otherwise provided herein, these Sales Terms and Conditions embody all the terms and conditions agreed upon between us as to the sale and purchase of Product(s) and/or Service(s) described herein, and cancels all previous proposals, agreements, representations and undertakings, if any, between us with respect to the subject matter hereof, whether written or oral, notwithstanding the existence of any provision in any such prior agreement that any such rights or provisions shall survive its termination.
44. If you commit any breach of these Sales Terms and Conditions and we take no action, we will not be taken to have waived our rights against you, and will still be entitled to exercise our rights and remedies at a later stage or in any other situation where you commit another breach these Sales Terms and Conditions.
46. Personal information, such as your contact details, that you provide to us during the Order process will be kept and used by us in accordance with our
Governing Law and Jurisdiction