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Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions (Terms) on which we provide services via access to and use of our website hosted at www.mypayweekly.org (our site) to individuals (Clients, you, yours) seeking and purchasing our services (Services).

Please read these Terms carefully before using Services or other material available from our site. You should understand that by using any of our Services, you agree to be bound by these Terms, to the exclusion of any other terms and conditions.

You should print a copy of these Terms for future reference.

Please note that if you refuse to accept these Terms, you will will not be able to use our service.

Our terms

1. These terms

1.1 What these terms cover . These are the terms and conditions on which we supply products to you, whether these are goods and/or services.

1.2 Why you should read them . Please read these terms carefully before you submit your order with us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or wish to request any changes, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are . We are Pay As You Go Carpets and Blinds Ltd a company registered in England and Wales trading as My Pay Weekly. Our company registration number is 11119250 and our registered office is at 11a Station Approach, Gateshead, NE11 0ZF. Our registered VAT number is 276 1208 09

2.2 How to contact us . You can contact us by telephoning our customer service team at 0800 917 1766 or by writing to us or emailing us at info@mypayweekly.org

2.3 How we may contact you . If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails . When we use the words “writing” or “written” in these terms, this includes emails.

2.5 “Bespoke Products” means: any made-to-measure or custom-made products that have been made or measured to order and/or have been installed, including blinds made to order and/or floor coverings cut out from a roll to your specific requirements. Many of the products we supply are Bespoke Products – please read this agreement carefully as your general consumer rights are limited for Bespoke Products.

3. Our contract with you

3.1 How we will accept your order . Our acceptance of your order will take place when we email or write or text you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order . If we are unable to accept your order, we will inform you of this and will not charge you for the product. By way of examples this might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number . We will assign a reference number to your order and tell you what it is when we accept your order. It will help us if you can tell us the reference number whenever you contact us about your order.

3.4 We only sell to the UK . Our brochure and marketing material is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside of mainland UK.

4. Our products

4.1 Products may vary slightly from their pictures . The images of the products on our website and any promotional material are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations and we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8, Your rights to end the contract).

6. Our rights to make changes

6.1 Minor changes to the products . We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor adjustments and improvements. These changes will not affect your use of the product.

7. Providing the products

7.1 Fitting/Delivery costs .  The cost of fitting/delivery is your responsibility and will be outlined to you at the time of placing your order. This is paid directly to the fitter on the day of install and is not inclusive in your plan. Please note that if you ammend your order this is subject to change.

7.2 When we will provide the products . During the order process we will let you know when we will provide the products to you. If the products are ongoing services and subscriptions, we will also tell you during the order process when and how you can end the contract.

7.3 We are not responsible for delays outside our control . If our supply of the products and/or services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 If you are not at home when the product is delivered . If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery but we reserve the right to change a failed instruction and delivery charge of £20

7.5 If you do not re-arrange delivery . After a failed delivery to you, you do not re-arrange delivery; we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.6 If you do not allow us access to provide services . If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.

7.7 Your legal rights if we deliver goods late . You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the goods;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

7.8 Setting a new deadline for delivery. If we have missed a delivery date but you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.9 Ending the contract for late delivery . If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 0800 917 1766 or email us at info@mypayweekly.org

7.10 When you become responsible for the goods . A product which is goods will be your responsibility from the time we deliver the product to the address you gave us you must not remove, damage or sell the goods until you own them (see clause 7.12).

7.11 When you own goods . You own a product which is goods once we have received payment in full.

7.12 What will happen if you do not give required information to us . We may need certain information from you so that we can supply the products to you, if so you would have been notified before you placed your order. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.13 Reasons we may suspend the supply of products to you . We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as requested by you or notified by us to you (see clause 6).

7.14 Your rights if we suspend the supply of products . We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend or postpone it, in each case for a period of more than 3 Months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.15 We may also suspend supply of the products if you do not pay . If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 15 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

8. Your rights to end the contract

8.1 You can always end your contract with us . Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do,see clause 8.2;

(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (and you will have to pay the costs of return or collection of any goods);

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 Ending the contract because of something we have done or are going to do . If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 Months; or

(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.7).

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013) . For most products bought off-premises you have a legal right to change your mind within 14 days and receive a refund. However, please note the different rights for Bespoke Products. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When you don’t have the right to change your mind . You do not have a right to change your mind in respect of:

(a) services, once these have been completed, even if the cancellation period is still running;

(b) Any Bespoke Products.

8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a) Have you bought services (e.g. surveying or fitting). If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services (such as surveying), you must pay us for the services provided up until the time you tell us that you have changed your mind (please see the table at the end of this agreement (the “Table”).

(b) Have you bought goods (for example, carpets, blinds or furniture)? , if so you have 14 days after the day you (or someone you nominate) receives the goods, unless

Your goods are split into several deliveries over different days . In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods unless the goods are covered by 8.4 and have already been installed. Please note that carpets and blinds will nearly always fall within 8.4 (b) if they have been delivered as Bespoke Products.

8.6 Ending the contract where we are not at fault and there is no right to change your mind . Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) the sums calculated as per the Table depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.

9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract . To end the contract with us, please let us know by doing one of the following:

(a) Phone or email . Call customer services on 0800 917 1766.

(b) By post . Fill in the form at the end of this agreement and post it to us at the address on the form. Or simply write to us at 11a Station Approach, Gateshead, Tyne & Wear, NE11 0ZF, including details of what you bought, when you ordered or received it, your order number and your name and address.

9.2 Returning products after ending the contract . If you end the contract for any reason after products have been dispatched to you and you wish to end the contract without paying in full, you must allow us to collect them from you should we wish to do so.

9.3 When we will pay the costs of collection . We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

In all other circumstances you must pay the costs of collection.

9.4 What we charge for collection . If you are responsible for the costs of collection and we are collecting the product from you, we will charge you the cost to us of collection. We charge £30.00 for collection of the goods.

9.5 How we will refund you . We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below and in accordance with the Table.

9.6 Deductions from refunds if you are exercising your right to change your mind . If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods. If we refund you the price paid before we are able to inspect the goods and later discover you have treated them in an unacceptable way, you must pay us an appropriate amount.

(b) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. In particular, we will charge £10.00 for the initial surveyor’s work in measuring up at your property. Any subsequent visits to your property by a surveyor (for a re-measure for example) will be charged at £20.00 per visit.

9.7 When your refund will be made . We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) If the products are goods, your refund will be made within 14 days from the day on which we collect the goods or confirm your refund.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

10.1 We may end the contract if you break it . We may end the contract for a product or services at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services, for example, delivery address or access to delivery address information, identification documents;

(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

(d) you do not, within a reasonable time, allow us access to your premises to supply the services; or

10.2 You must compensate us if you break the contract . If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided (unless the products have been made to measure – see 8.4 (b) and 8.5 (b)) but we may deduct or charge you a percentage of the price calculated as per the Table depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the product . We may write to you to let you know that we are going to stop providing the product. We will let you know at least in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

10.4 We may suspend the products and/or services. We may suspend the delivery of the product and/or the provision of services (including the fitting date) if you are in breach of any provision of this agreement including (but not limited to) if you fail to provide us with the information/access referred to in 10.1 (b) and 10.1 (d) or don’t adhere to the payments required.

11. If there is a problem with the product

11.1 How to tell us about problems . If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at or write to us at.

11.2 Summary of your legal rights . We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example carpets, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

a) Up to 30 days: if your item is faulty, then you can get a refund.

b) Up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.

If your product is services, for example fitting a carpet, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time upfront, it must be carried out within a reasonable time.

11.3 Your obligation to return rejected products . If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on or email or write to us at to arrange collection.

12. Price and payment

12.1 Where to find the price for the product and/or services . The price of the product (which includes VAT) will be the price stated on your order form and the payment dates required will also be stated. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT . If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong . It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 When you must pay and how you must pay . We accept payment by card via a continuous payment authority, by card via a single payment, standing order or bank transfer. When you must pay depends on what product you are buying and what is detailed on your order form:

(a) For goods, you must pay for the products in accordance with your order form. Paying on time and as required in your order form is of great importance and a failure to do so puts you in material breach of your agreement with us.

(b) For services, you must pay for them at the time of them being provided or in advance.

12.5 We can charge interest if you pay late . If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6 What to do if you think an invoice or order form is wrong . If you think an invoice or order form is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us . If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so . This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

13.3 When we are liable for damage to your property . If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

13.4 We are not liable for business losses . We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information

14.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy https://mypayweekly.org/privacy-policy/

15. Other important terms

15.1 We may transfer this agreement to someone else . We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee) . You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force . Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later . If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings . These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

TABLE*

Within 14 days of the confirmation from us of your Order and/or 14 days of delivery of a product

After 14 days of the confirmation from us of your Order

After 14 days of the delivery of the products

1. Initial Surveyor’s work if carried out

£10.00

£10.00

£10.00

2. Subsequent Surveyor’s Visits if carried out

£20.00

£20.00

£20.00

3. Administration Costs

Nil

£50.00

£50.00

4. Bespoke Products prepared for delivery and/or fitting

60% of the Order price of the products

80% of the Order price of the products

n/a

5. Bespoke Products prepared and fitted

100%* of the Order price of products and services

100%* of the Order price of products and services

100%* of the Order price of products and services

6. Products (not Bespoke Products)

(a) Nil if packaging unopened subject to collection charge in accordance with clause 9.4 of this Agreement

(b) 50% of the Order price of the products if the packaging has been opened but the contents undisturbed subject to collection charge in accordance with clause 9.4 of this agreement

(c) 100% of the Order price of the products if the packaging has been opened and the contents disturbed

(a) Nil if not delivered

(b) Nil if packaging unopened subject to collection charge in accordance with clause 9.4 of this Agreement

(c) 50% of the Order price of the products if the packaging has been opened but the contents undisturbed subject to collection charge in accordance with clause 9.4 of this agreement

(c) 100% of the Order price of the products if the packaging has been opened and the contents disturbed

(a) 40% If packaging unopened subject to collection charge in accordance with clause 9.4 of this Agreement

(c) 80% of the Order price of the products if the packaging has been opened but the contents undisturbed subject to collection charge in accordance with clause 9.4 of this agreement

(c) 100% of the Order price of the products if the packaging has been opened and the contents disturbed

* Charges are cumulative as are appropriate but will never exceed 100% of the Order price. By way of example a carpet order after the initial survey and cancelled after 14 days when the carpet has been cut from a roll (which will mean it is a Bespoke Product) and is ready for delivery but has not been fitted would attract charges of all of the following (using the numbers in the Table) : 1. The initial Surveyor’s work at £10.00 plus 3. the administration fee of £50 plus 4. 60% of the order price of the product (the carpet).

Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To My Pay Weekly

11a Station Approach, Team Valley Trading Estate, Gateshead, Tyne & Wear, NE11 0ZF

I/We [____________________________________*] hereby give notice that I/We [_______________________________________*] cancel my/our [_______________________________________*] contract of sale of the following goods [_______________________________________*]/for the supply of the following service [_______________________________________*],

Ordered on [________________*]/received on [_____________________*],

Reference number [_______________*] (found on your contract)

Name of consumer(s), ________________________________________

Address of consumer(s),__________________________________________________

Signature of consumer(s) (only if this form is notified on paper),

Date _________________________________

[*] Delete as appropriate

© Crown copyright 2013.