Terms & Conditions
1. These Terms will apply to any contract("Contract”) for the sale of Products by us (“Retailer”) to Buyer (“Buyer”) Buyer needs to read these Terms carefully and make sure that Buyer understands them before ordering Products from the website (“Website” or “Site”).
2. These terms and conditions (these "Terms") (together with the Privacy Policy and Cookies Policy) set out the legal terms and conditions on which Retailer sells products (“Products”) listed on this Site to Buyer.
3. By using the Site Buyer indicates that Buyer accepts these terms of use and that Buyer agrees to abide by them”.
4. Company Information- The Retailer’s name address and contact details can be found on the Contacts Page of this Site.
The Retailer may use, at his own discretion, agents to manage functions of order management logistics and communications with Buyer as he sees fit from time to time. Retailer may pass essential information only for the execution of the order to the agent – this information may include name address, contact details and other information essential to administer and deliver the product to the Buyer
Using the Website
1. Buyer’s use of the Website is governed by these Terms. By using the Website, Buyer confirms that he/she accepts these Terms and that Buyer agrees to comply with them. If Buyer does not agree to these Terms, Buyer must not use the Website.
2. Retailer does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. Retailer may suspend, withdraw, discontinue or change all or any part of the Website without notice. Retailer will not be liable to Buyer if for any reason the Website is unavailable at any time or for any period.
3. Retailer ( or Retailer`s agent) is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Buyer may print off one copy, and may download extracts, of any page(s) from the Website for Buyer’s personal use but Buyer must not use any part of the content on the Website for commercial purposes.
4. Buyer must not modify the paper or digital copies of any materials Buyer has printed off or downloaded in any way, and Buyer must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5. Retailer does not guarantee that the Website will be secure or free from bugs or viruses. Buyer is responsible for configuring Buyer’s information technology, computer programmes and platform in order to access the Website. Buyer should use Buyer’s own virus protection software.
6. Buyer must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Buyer must not attempt to gain unauthorised access to the Website, the server on which the site is stored, or any server, computer or database connected to the site.
7. Where the Website contains links to other websites and resources provided by third parties, these links are provided for Buyer’s information only. Retailer has no control over the contents of those websites or resources.
Site Changes
Retailer aims to update this website frequently, so content may change at any time.
Products and prices are subject to change without notice. Retailer reserves the right to add, remove or substitute products from sale.
The Products
1. Retailer is committed to supplying high quality products. For more information on the Products please visit Products pages on the Website.
2. Each Product is sold subject to its description. Retailer will take all reasonable care to ensure that all details and descriptions of Products are correct at the time when the relevant information was entered on to the Website system. Although Retailer aims to keep the Website as up to date as possible, the information, including Product descriptions, appearing on the Website at a particular time may not always reflect the position at the exact moment Buyer places an order.
3. Retailer has made every effort to represent Paint and Wallpaper as accurately as possible on the website. However, colour variance caused by monitor type, monitor settings, graphics cards and web browsers are possible. As such colours shown are not accurate and are displayed as a guide only, Retailer is not responsible for any colour choice Buyer makes based off this information.
4. Retailer always recommends using a physical colour chart and ordering a sample pot to test the colour fully before purchasing larger quantities. Retailer does not accept returns of paint products as coloured paints are not held in stock and are made specifically to Buyer’s order with the exception of sample pots. Please see specific section relating to returns policy.
5. Retailer cannot guarantee that different batches will be the exact same colour due to the production process. Always try and order enough paint to complete a job to ensure colour accuracy, if mixed batches of paints are to be used then combine the contents of the various cans or ensure to finish painting at a corner when a batch change occurs.
6. All Products shown on the Website are subject to availability. If a Product Buyer has ordered is temporarily unavailable Retailer may decide to send an alternative product selection of the same design and quality in different pack sizes (e.g. 2 x 2.5 litre cans replacing an order for 1 x 5 litre of the same product and colour. If the item is not available or discontinued Retailer will inform Buyer by email as soon as possible, Buyer can then decide whether Buyer would prefer to cancel Buyer’s order (in which case Retailer will provide Buyer with a full refund).
Liability for Accidents & Damage
Retailer, its servants or agents shall not be liable to the Buyer for loss, injury, damage or claim consequential or direct or natural of any kind whatsoever arising out of or in connection with the execution of this contract or arising out of or in connection with the use of goods supplied by Retailer save and except where such loss injury damage or claim be occasioned by the negligence of Retailer, its servants or agents.
Delivery terms
1. Please see the delivery terms & conditions page.
2. Retailer or its agent shall make all reasonable efforts to meet ‘a delivery date’. Time shall not be of essence and so long as any circumstances whatsoever may prevent hinder or delay any delivery.
3. Retailer or its agent shall not be bound to keep the same and shall not be liable in any manner whatsoever for failure or delay whilst so prevented hindered or delayed.
4. Retailer or its agent reserves the right to deliver by instalments. The buyer shall inspect all Goods on delivery and unless the Buyer takes the following actions the Buyer will be deemed to have accepted the delivery in full contractual satisfaction of the order:
• Buyer shall endorse Carrier’s note appropriately.
• Buyer shall advise Retailer immediately by telephone and confirm such call in writing to Retailer
• Buyer shall send full particulars of claim to Retailer in writing within 3 days after delivery.
5. In case of non-delivery of a consignment, the Buyer shall advise Retailer within 10 days after date of invoice.
6. The Buyer shall be bound to pay for all goods, notwithstanding any alleged non-delivery or shortage of goods, if the foregoing conditions have not been complied with.
Title & Risk
1. THE RISK in the Goods shall pass to the Buyer as from the time when the Goods are:
• Where the Buyer or his nominee or representative receives the goods to their premises or nominated delivery or collection point.
2. TITLE AND PROPERTY in the Goods shall not pass to the Buyer until whichever of the following events first occurs and until such time the goods shall remain the sole and absolute property of Retailer.
• The Buyer shall have paid to Retailer the full amount of the agreed price together with the full price of any other goods the subject of any other agreement with Retailer entered into before or after the Agreement in question.
Returns
Wallpaper rolls may be returned in their original packaging and in a resaleable condition, in this case please contact Retailer at the details on the contacts page to discuss how this can be done. Paints are not returnable as each paint can and colour is made specially to order for Buyer. If Buyer has an issue with the quality of any product then please contact Seller to resolve the issue.
There should be no liability on Retailer or its agent to accept returned Goods. Any Goods returned by a Buyer or anybody acting on his behalf will remain the risk of the Buyer and Retailer or its agent for the avoidance of doubt confirms that no liability of any description is accepted in respect of returned Goods.
Where goods are delivered to or received by the Buyer damaged or there is a shortfall the Retailer must be notified within 3 days either by writing or by telephoning the Retailer using details shown on the Contacts page of this website in order for replacement goods to be re-sent free of charge. No such claim will be accepted outside of this time limit. Any such re-delivery is subject to the provision by Buyer of such proof of damage or shortfall as Retailer may reasonably require.
Cancellation of Goods
Orders for Products may not be cancelled or suspended without Retailer’s prior written consent. Specifically, cancellations of orders for non-stock lines will not be accepted once the paints have commenced manufacture.
Payment & Prices
Except as otherwise expressly stated and contracted Retailer reserves the right to vary prices and payment dates at any time. Prices quoted on the website are available for UK customers only.
Ownership of goods only transfers once Retailer has received the full amount payable for those goods.
Force Majeure
If during the currency of any contract agreement or order entered into between Retailer and the Buyer, Retailer or its agent is delayed or hindered in or prevented from performing any or all of its obligations hereunder by war, road blocks, rail blocks, strikes, whether official or unofficial, lock out, picketing or blocking (secondary or otherwise) or any action which could reasonably be described as in the furtherance of or in any way related to an industrial dispute or grievance, riots, civil commotions, epidemic, fire, explosions, accident, flood, plant breakdown, or any other cause (whether or not of the same nature as the foregoing) beyond the reasonable control of Retailer or its agent then Retailer or its agent shall not in consequence thereof be under any liability in contract in relation to the contract agreement or order and Retailer or its agent may if it deems so desirable upon giving notice to the Buyer partially or wholly suspend deliveries of any goods or preferments of any works during the continuance of such causes and the Delivery Date or Dates shall be correspondingly extended.
Patents & Trademarks & Health & Safety
No Representation, Warranty or Indemnity is given by Retailer or its agent that the goods do not infringe any Letter, Patent, Trademark, Registered Designs or other industrial rights. In compliance with the Health & Safety at Work Act 1974, Retailer or its agent’s Product Labels give (as required by the Statutory Regulations for the labelling of Paint and other ancillary products) information of known hazards associated with the product and sales literature states their properties. However almost all Products may be hazardous in certain conditions if handled and applied without due care. Retailer or its agent resources are available on request to provide any information Buyers may require in order to meet their obligations under the Safety at Work Act 1974. The Buyer shall after delivery of the goods be solely responsible for their safe and satisfactory storage and shall be responsible for complying with any statutory or other requirement regarding the storage use or handling of the goods. The Buyer shall indemnify Retailer and its agent against any claim by any Third Party caused by products delivered by Retailer or its agent proving not to be fit and suitable for such Third Party’s purposes for any reason.
Governing Law
This Agreement will be governed by and construed in accordance with English Law. The Buyer irrevocably submits in respect of all matters and disputes arising out of this Agreement to the exclusive jurisdiction of the English Courts.
Assignment
This Contract is personal to the Buyer and may only be assigned with the written consent of Retailer.
Miscellaneous
Retailer or its agent shall have the right in its absolute discretion and without assigning any reason therefore and notwithstanding any contract the Buyer may have made with a third party to terminate without notice any agreement to make supplies to any person.
The Contract is between Buyer and Retailer or its agent. No other person shall have any rights to enforce any of its terms.
Each provision of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
Warranty
Retailer and its agent hereby warrants its title to the goods but save as to this warranty as to title no other warranty condition or other terms as to the characteristics of the goods, their quality or fitness for any purpose is given or accepted and any warranty condition or other such term whether implied by statute at common law or otherwise is hereby excluded from this contract notwithstanding that the purpose for which the goods are to be used is made known to Retailer.
Without prejudice to the above:
• Retailer or its agent reserves the right to refuse to accept at its own discretion any repeat orders for specialised goods made specifically to the Buyers requirements.
• Retailer or its agent does not warrant that instalments of or batches of repeat orders of any product shall comply with the specification or colour match of any other instalment batch or order. In the event that there shall be any said variation of specification or colour match the liability of Retailer or its agent shall be limited to the invoice price of the instalment batch or order concerned. It is the Buyer’s absolute obligation to specify clearly the product being ordered and the specification required. Retailer or its agent accept no liability for the failure of the Buyer to order the correct product or specification. Wherever appropriate Retailer or its agent will endeavour to assist Buyers with technical advice and specifications, but the Buyer shall at all times be responsible for ordering the correct product or specification and deciding upon fitness for purpose of the product.
Payment
In the case of purchase by persons or companies not holding trading accounts, all payments shall be completed in advance of despatch of goods.