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Terms & Conditions

TERMS & CONDITIONS

Version 1.0- Effective from 1 March 2013

WARNING

This website is operated by The Colour & Decor Company Ltd (referred to as " we " / " our " / " us "). As a user of this website (referred to as " you " / " your ") you should ensure that you read and understand these Terms and Conditions of Sale before ordering any goods or services via our website.

If you are uncertain as to your rights under these Terms and Conditions of Sale or you want any explanation about them please contact us at the address and telephone number set out at the end of these Terms and Conditions of Sale.


IMPORTANT INFORMATION

Contract terms

It is our intention that the terms of the contract between us and you are all contained in:-

These Terms and Conditions of Sale;

Our Website Terms Of Use;

Our Privacy Policy.

We intend that the terms of our contract will also include any special agreed terms that have been subsequently discussed, confirmed and agreed in writing between you and us.

If goods or services ordered via this website are being provided by a third party, that third party's own terms and conditions may also apply to your order. We shall inform you at the time you place your order if third party terms and conditions apply and we shall also make a copy of these terms and conditions available to you at this time.

Changes to these terms and conditions

We reserve the right in our sole discretion to modify, alter or otherwise update these terms and conditions and the content of our web pages (including details of prices, products, services and offers) at any time.

You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones.


ORDER PROCESS

Who is permitted to purchase goods or services

You are only permitted to use this website to submit an offer to buy goods or services if you:-

• are aged 16 years or older;

• are resident within the United Kingdom; and

• you have authority to bind any business on whose behalf you use this website (if you are not the consumer of the goods or services ordered).

 

Your offer to purchase goods / services

• Nothing on this website is intended to mean that we are making a legally binding offer to you to provide goods or services: instead, we are inviting you to make a legally binding offer to us to purchase goods or services.

• Offers can be submitted by completing the online order form on our website and clicking on the "SUBMIT ORDER" button.

 

Acknowledgement of your offer

Once you have submitted your offer to us, you should be presented with a confirmation web page which sets out the final details of your offer.

We shall also endeavour to confirm the details of your offer by email within 24 hours. Please note that although this email constitutes notification of receipt of your offer, it does not constitute our acceptance of your offer.

Acceptance of your offer & formation of our contract

Unless specifically accepted by us as set out below, we will not be bound by any offers submitted by you via this website.

Our contract with you is formed only when we have accepted your order by:-

• delivering the goods or providing the services you have offered to purchase (in which case the date of formation of the contract is the date on which we attempt to deliver the goods or perform the services); or

• if earlier, sending you notice of our acceptance by email or by post (in which case the date of formation of our contract is the date shown on that notice of acceptance).

All contracts shall be concluded in the English language.

Rejection of your offer

It is entirely at our discretion to accept or reject any offer submitted by you. Our acceptance of such offers is always subject to authorisation of your payment details, availability of stock at the stated price and confirmation that you have read and accepted these terms and conditions by checking the "I ACCEPT" checkbox.

If for whatever reason we are unable to accept your order, we shall endeavour to notify you of this promptly and shall provide a full refund of any prepayments made.


DELIVERY OF GOODS / PERFORMANCE OF SERVICES

Address

Goods or services ordered via this website can only be delivered to or performed at addresses in mainland Scotland, England, Wales or Northern Ireland, being the address provided by you in your offer to purchase goods or services from us. If you require delivery or performance outside the UK mainland, please email us.

All goods must be signed for on delivery,the signatory being either you or another person authorised by you who is aged 16 years or over.

Date

If we accept your offer to purchase goods or services from us, we shall use reasonable endeavours to deliver the goods or provide the services you have ordered:-

• within thirty (30) days after we receive your offer; or

• if we agree an alternative later date with you, by that date (provided that the alternative date is not merely declared to be an estimate).

We can only deliver goods to you during normal working hours, on normal working days Monday to Friday (excluding public holidays). We are unable to specify the exact time or period in the day at which the goods will be delivered to you.

Delay

If we anticipate any delay in delivery or performance, we shall endeavour to notify you of such delay as soon as possible.

If we cannot supply you with the goods or services you have ordered within thirty (30) days after we receive your offer (or by any alternative date we have agreed with you), we shall endeavour to inform you accordingly and you shall have the option of either:-

• accepting a later delivery date which we propose to you; or

• cancelling your contract with us (or, as appropriate, cancelling your offer) and accepting a refund of any prepayments which you have made.

• If we are unable to contact you (or are otherwise unable to ascertain your preference in relation to the above two options) within seven (7) days after the expected delivery date our contract with you shall be treated as cancelled in full.

• failure to accept goods

• If delivery of goods ordered by you is not accepted within two weeks of our first attempt to deliver the goods to any specified address, we reserve the right to charge you for any consequential storage costs reasonably incurred by us.


PAYMENT

Payment methods

• Payment for goods or services ordered is processed using the services of Secure Trading Limited. Payment may be made by any of the methods below and will be debited when we accept your offer, or when we deliver the goods or perform the services ordered by you, whichever is earlier:-

• VISA

• Mastercard

• Delta

• Solo

• Electron

• We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

 

Price

• All prices on this website are quoted in UK pounds Sterling and include VAT where applicable.

Delivery charge

• In addition to the price of goods, delivery charges may be payable by you. The delivery charge will be that shown on the order form section of our website at the time you place your order.


ERRORS

Errors made by us

• Please note that colours, sizes, and measurements given on our website are approximate only. Whilst every effort is made to ensure the accuracy of the colour, due to variations in your computer set-up (including screen settings and ambient lighting) variations will occur. Please refer to our colour cards or use paint samples to gain a more accurate colour representation.

• While we try to ensure that the descriptions, prices and delivery charges displayed on our website are correct errors may occur. If, prior to delivery to you, we discover an error in relation to goods or services you have ordered, we will inform you as soon as possible and you will then have the option of either:-

• confirming your offer to purchase subject to the corrected description, price or delivery charge; or

• cancelling your offer to purchase and receiving a full refund of any prepayments.

• If we are unable to contact you (or are otherwise unable to ascertain your preference in relation to the above two options) within seven (7) days after the expected delivery date our contract with you shall be treated as cancelled in full.

Errors made by you

• Information that you provide to us by using this website must be accurate and complete. Errors in your offer should be corrected prior to the finalisation of our contract. You can correct such errors prior to submitting your offer to us: by re-entering the relevant information in our online order form, using the 'BACK' button where required;

or

• After you have submitted your offer to us: by contacting us by post, fax or by email, using the contact details provided at the end of these Terms and Conditions of Sale, prior to acceptance by us of your offer.


CANCELLATION

Our right to cancel

• The sale and supply of goods and services are always subject to availability of stock, and authorisation of your payment details.

So:-

• In the event that we are reasonably unable to supply the goods or services which you have ordered due to circumstances beyond our control, we will endeavour to inform you of this as soon as possible and our contract with you will, insofar as it relates to goods or services which we are unable to supply, be treated as cancelled. Any prepayment which you have made will be refunded to you in full.

• In the event that your payment is not authorised, we will endeavour to inform you of this as soon as possible and our contract with you will be treated as cancelled.

Your right to cancel

• You have a right to cancel your order for goods or services at any time before the expiry of the "cooling-off period", which is a period of seven (7) working days after the date on which:-

• if your order was for goods, you receive the goods; or

• if your order was for services , our contract with you is formed (by us accepting your offer in accordance with the 'order process' explained above.)

 

Exceptions to your right to cancel

• You do not have a right to cancel your order:-

• after the end of the cooling-off period (unless the goods or services provided are faulty, defective or not in accordance with specification);

or

• if your order is for services and you have agreed to performance of these services before the cooling-off period has ended;

or

• if your order is for goods which are perishable or, by reason of their nature, cannot be returned;

or

• if your order is for goods which have been specifically made to your specification, are clearly personalised or are otherwise unique (unless the goods or services provided are faulty or not in accordance with specification).

• If, at our sole discretion, we allow you to return unwanted goods which conform to contract after the cooling-off period has ended, we reserve the right to charge you a handling fee based on any consequential costs we incur.

 

How to exercise your right to cancel

• If you wish to cancel your order, you must notify us (using the contact details provided at the end of these Terms and Conditions of Sale) by delivering the notice to us by hand, by post, by fax or by email. If you have placed more than one current order, please specify clearly which order you wish to cancel.

Return of goods where your order is cancelled

• If you wish to exercise your right to cancel after the goods you have ordered have been delivered, you must arrange for return of the goods to us at your own cost within seven (7) working days from the date we receive notice of cancellation from you.

• If you fail to return the goods to us within this time, you must, at our request, make the goods available for collection and we reserve the right to charge you the direct cost to us of recovering the goods.

 

Duty to take care of goods

• You are under a duty to take reasonable care of goods to be returned following cancellation by you. You will be liable for any loss or damage to the goods if you fail in this duty. Without limitation, this duty requires you to ensure that:-

• prior to being returned to us, the goods are carefully, safely and securely stored;

• goods being returned are packaged in a manner which is adequate for transit, taking into account the nature of the goods being returned and the distance which they are required to travel (please use the original protective packaging if still available: we will not provide additional packaging or boxes); and

• (unless we decide to exercise our right to recover the goods from you), the goods are correctly addressed, bear adequate postage and are transported using a reputable carrier so as to ensure that the goods are not lost or damaged in transit.

 

Refunds

• If your order is cancelled, we will refund to you any monies paid, using the same method of original payment by you, within thirty (30) days of notice of cancellation being given.

• We reserve the right to deduct from the monies being refunded the direct cost to us of recovering the goods if you fail to return them to us within seven (7) working days from the date we receive notice of cancellation from you.


DEFECTIVE GOODS

Rejecting defective goods

• If you wish to reject goods we have provided because you believe them to be faulty, not in accordance with specification, or damaged on delivery, you must inform us within a reasonable period of time and you must make the rejected goods available for collection by our courier at our request.

• Where we have provided goods which were faulty, not in accordance with specification, or damaged on delivery, we are usually able to offer a repair (where reasonably possible), replacement or a refund.

• If you reject goods which are in every respect what you ordered (being in accordance with specification, and not damaged on delivery) and you are not otherwise entitled to cancel your contract with us, we reserve the right to charge you the direct cost to us of collecting, testing, redelivering and storing the rejected goods.

 

Duty to take care of goods

• You are under a duty to take reasonable care of goods you are rejecting, irrespective of whether they are faulty, not in accordance with specification, or were damaged on delivery. You will be liable for any loss of damage to the goods if you fail in this duty. Without limitation, this duty requires you to ensure that:-

• prior to being returned to us, the goods are carefully, safely and securely stored;

• at the time they are made available for collection, the goods are packaged in a manner which is adequate for transit, taking into account the nature of the goods being returned and the distance which they are required to travel (please use the original protective packaging if still available: we will not provide additional packaging or boxes).


LIABILITY WARNING

• This section contains provisions which restrict the extent to which we are liable to you for any loss you may suffer in connection with use of our website and goods and services ordered via this website.

• By using this website to place an order for goods or services, you also agree that you will be liable for any loss we (or certain people connected with us) suffer as a result of breach of these terms of use by you or by certain people connected with you.

• Nothing in these Terms and Conditions of Sale is intended to restrict liability arising under our Website Terms Of Use.

 

Your and our liability

• Nothing in these Terms and Conditions of Sale is intended to exclude liability (if any) for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal to exclude or to attempt to exclude.

• You and we shall only be liable to each other under these Terms and Conditions of Sale for losses which are a reasonably foreseeable consequence of the relevant breach of contract. Neither you nor we shall be liable to each other under these Terms and Conditions of Sale for any other loss or damage, subject to the paragraph above.

 

Circumstances beyond our control

• We shall be under no liability for any delay or failure to deliver goods or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

No implied warranties

• All warranties relating to goods or services ordered via our website which are not expressly stated in these Terms and Conditions of Sale are hereby excluded to the fullest extent permitted by law.

Business customers

• Where our goods or services are purchased for use in the course of a business:-

• we do not accept liability for the fitness of goods for business purposes and we exclude (to the fullest extent permitted by law) those warranties and other implied terms relating to fitness for a particular purpose; and

• our total liability to you, in respect of any claim by you arising out of or in connection with the provision of (or the failure to provide) goods or services, shall be limited to the sum paid by you to us for the goods or services which are the subject of the claim, save to the extent to which this provision would exclude or limit our liability for death or personal injury caused by an act or omission of ours.

Liability passed from us (and others) to you

• You agree that you shall be liable for any foreseeable and reasonable costs incurred by us in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees incurred in defending any action or otherwise) sustained or incurred by us, our agents, suppliers, customers, officers, or employees, and arising as a result of breach by you of these Terms and Conditions of Sale.


GENERAL

Headings

• The headings are for convenience only and shall not affect the construction or interpretation of these Terms and Conditions
of Sale.


Interpretation

• In these Terms and Conditions of Sale, unless the context otherwise requires:-

• the singular shall include the plural and vice versa;

• references to persons shall include bodies corporate, unincorporated associations and partnerships; and

• words importing the whole shall be treated as including a reference to any part thereof.

 

Waiver

• Any waiver by either you or us of a breach of any provision of these Terms and Conditions of Sale shall not be considered as a waiver of any subsequent breach of the same or any other provision of these Terms and Conditions of Sale.

 

Our relationship with you

• You and we are, with respect to one another, independent parties. Nothing in these Website Terms of Use is intended to nor shall create any partnership, joint venture or agency.

 

Transfer of rights / obligations

• We shall be entitled to transfer, sub-licence and/or assign any of our rights and/or obligations under these Terms and Conditions of Sale. This will not affect your rights under these Terms and Conditions of Sale.

• You may not transfer, sub-licence or assign any of your rights or obligations under these Terms and Conditions of Sale without our written consent.

 

Severability

• Every provision of these Terms and Conditions of Sale shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances.

 

Law & jurisdiction  

• These Terms and Conditions of Sale shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts.

• You are solely responsible for compliance with any applicable laws of the country from which you access our website.


CONTACTING US

Queries, comments and complaints

• If there is anything in these terms and conditions which you do not understand or you have any other queries, comments or have a complaint, please contact us. Our contact details are as follows:-

• Postal/ business address: PO Box 2647, Great Portland Street London, W1A 3RB, UK

• Email address: info@colourandpaint.com

• Telephone number: +44 (0) 870 600 1829

• Fax Number: +44 (0) 1383 740 010

 

About us

• We, The Colour & Decor Company Ltd are a company incorporated in England with registered number 8014130 and having our registered office at PO Box 2647, Great Portland Street London, W1A 3RB, UK.

• Our VAT number is GB 1365581 03.

• We recommend that you print out a copy of these terms and conditions for your future reference.