Designerpaint Ltd terms and conditions of sale
- These Terms will apply to any contract for the sale of Products by us to you ("Contract"). Please read these Terms carefully and make sure that you understand them before ordering Products from our Website.
- Please note that before placing an order you will be asked to agree to these Terms. If you do not accept these Terms in full, you will not be able to order Products from our Website.
Understanding these Terms and Conditions
- When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the paragraph of these Terms where it was defined. You can find these meanings by looking at the sentence where the defined term is in bold text, and is included in brackets and speech marks.
- When we refer to "we", "us" or "our" we mean Designerpaint Limited. When we refer to "you" or "your" we mean you, the person buying Products from our Website.
- We have used headings to help you understand these Terms and to easily locate information. These Terms, and any Contract between you and us, are only available in the English language. We will not file copies of the Contract between you and us so we recommend that you print or save a copy of these Terms for your records (but please note that we may amend these Terms from time to time, as explained in paragraph 20).
- We are Designerpaint Limited, a company registered in England and Wales with company registration number 04876195 and we operate the Website. Our registered office and principal place of business is at Albany House, Ashford Road, Eastbourne, Sussex, BN21 3TR and our VAT number is GB 190156570.
- If you would like to contact us, please use the details on the Contact Us page of our Website and we will be happy to assist you.
- If we have to contact you we will call you or write to you at the email address or postal address you provided in the Order.
- The words “writing” or “written” in these Terms includes emails.
- We are committed to supplying high quality products. For more information on our Products please visit Products pages on our Website.
- We have made every effort to display the Products as accurately as electronic media will allow, however the images of the Products on our Website are for illustrative purposes only. We cannot guarantee an exact match of the on-screen appearance to the actual Products, which may vary slightly from those images depending on your screen settings and resolution.
- Each Product is sold subject to its description. We 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 we aim 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 you place an order. The dimensions given are written for your guidance. Before ordering, please ensure that there is adequate room to move Products through any doorways, windows and restricted passageways.
- All Products shown on our Website are subject to availability. If a Product you have ordered is temporarily unavailable or discontinued by the manufacturer we will inform you by email as soon as possible and offer you a substitute item. You can then decide whether you would like the substitute item or whether you would prefer to cancel your order (in which case we will provide you with a full refund).
- For some wallpaper and paint Products available to purchase on the Website, we are able to send colour cards (samples in the case of paint) out by post. The first two colour cards (or samples) are sent free of charge for customers located in the UK and after that they cost £0.75 each. If we need to send the colour cards (or samples) outside the UK, a postage charge will apply. Details of these charges can be found under the FAQs section of our Website. Samples and colour cards are available for colour and, if applicable, texture match only and are usually supplied in A5 size for paints and A4 size for wallpapers . Smaller A5 samples are provided for specialist wall coverings such as flocks or those with glass bead and glitter effect. Full designs and repeated patterns can be viewed on the Website.
Changes to an order
- We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirements. This might happen, for example, if we are no longer allowed to use a particular chemical in a particular Product’s formulation.
- If you wish to make a change to your order you must 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 Products, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm if you wish to go ahead with the change.
- You may only purchase Products from our Website if you are at least 18 years old. Certain Products on our Website can only be purchased if you satisfy the legal age requirement for that Product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order through our Website.
- By creating an account, you can choose to store your debit and credit card information for easier and faster checkout, store and edit your delivery addresses and billing information and review your previous purchases and order history.
- When you register or buy Products through our Website, you will be required to provide certain information including your name, phone number, email address and an address for delivery of the Products. You will also be required to provide valid details of a credit or debit card which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You confirm that all information you provide to us at any time is true, accurate and complete. If the amount due from you for your order cannot be debited or charged to the credit or debit card you have provided, for whatever reason, your order will be cancelled (as described in paragraph 16.3).
Buying Products from us
- For the steps you need to take to place an Order, please see the How to order page of our Website.
- Our order process on our Website allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities of each of the Products in your order.
- By clicking the "Pay Securely" button you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a Contract with us to buy the Products in your order. The Contract is subject to these Terms and you will be asked to confirm that you accept these Terms when placing your order.
- After you place an order, you will receive an email from us acknowledging that we have received your order and confirming the Products ordered, delivery option chosen, delivery address and any special instructions ("Order Confirmation"). Only the Products listed in the Order Confirmation are included in the Contract between you and us. If there are any errors in the Order Confirmation, please contact us as soon as possible using the details on the dedicated Contact Us page of our Website.
- We only supply the Products from our Website for domestic and private use. You may not buy Products from our Website for business and/or resale purposes. If you want to buy Products as a business customer in connection with your profession or trade, please contact us using the details on the Contact Us page of the Website to discuss the options available to you.
Product prices and delivery charges
- The prices of the Products will be as quoted on our Website from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover a mistake or error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made an obvious pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.
- The prices of the Products may change from time to time, but changes will not affect any order which we have confirmed by sending an Order Confirmation. The prices of the Products are in pounds sterling and include VAT (where applicable) at the applicable current rate chargeable in the UK.
- The prices of the Products do not include delivery charges. We will advise you of the delivery costs during the order process. Please see paragraph 11 and the Delivery Options page of our Website for more information.
- We may offer certain promotions in relation to particular Products for eligible customers from time to time. If you have a promotional code, please ensure that you enter it where prompted on the payment page during the order process. If your promotional code qualifies, your deduction will be displayed in the payment summary.
- You may only use one promotional code for each order. You cannot apply promotional codes to orders that you have already placed or against Products that we have already delivered to you. We reserve the right to cancel orders if an unauthorised promotional code is used. Additional terms and conditions may apply to certain promotions, please check the Website for further details.
How to pay
- You can pay for Products using a debit card or credit card. We accept the following cards: Visa, MasterCard, American Express and PayPal.
- By ordering Products from us through our Website, you authorise us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchases. You authorise us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.
- If the amount due from you for your order cannot be debited or charged, for whatever reason, your order may be cancelled (we will notify you of this using the contact details you provided during the order process).
- Your debit card or credit card will not be charged until we issue an Order Confirmation (at which point we take payment for the Products and all applicable delivery charges in full).
- Your order will be delivered to you by us or our delivery partner, and, unless there is an event outside of our control, we will take reasonable steps to meet the delivery date set out on your Order Confirmation or as otherwise agreed.
- If we are unable to meet the estimated delivery date or time because of an event outside of our control, we (or our delivery partner) 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.
- Delivery will be completed when the Products are delivered to the address stated in the Order Confirmation (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of your error).
- You are responsible for making suitable arrangements to receive your delivery. Please make sure you or someone instructed by you is able to take delivery of the Products. If you are not able to take delivery of the Products, use the special instructions field in the order process to instruct us where to tell our delivery partner to leave your Products.
- Please note that, if no special instructions are given and no one is able to take delivery of the Products, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local delivery depot.
- If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge 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 paragraph 16.2 will apply.
- If we miss the delivery deadline for any Products 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 Products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you informed us before we accepted your order that delivery within the delivery deadline was essential.
- If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under paragraph 11.7, 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.
- If you choose to treat the Contract as at an end for late delivery under paragraph 11.6 or paragraph 11.8, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (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 Products and their delivery. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, at our cost.
- Unfortunately, for any orders made on our Website, we are unable to deliver outside of the UK.
- The risk in Products supplied by us shall pass to you at the point of collection or delivery and, regardless of paragraph 11.12, we shall have no responsibility in respect of the safety of such Products after collection or delivery, as the case may be.
- The ownership of Products supplied by us will only be transferred to you once all sums due to us have been paid in full and, until paid, we retain the right to repossess the Products.
Your rights to end the contract
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:
- 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 to get some or all of your money back), see paragraph 15;
- if you want to end the Contract because of something we have done or have told you we are going to do, see paragraph 12.2;
- if you have just changed your mind about the Product, see paragraph 12.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; or
- in all other cases (if we are not at fault and there is no right to change your mind), see paragraph 12.6.
If you are ending a Contract for a reason set out at paragraph 12.2.1 to 12.2.5 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:
- we have told you about an upcoming change to the Product or these terms which you do not agree to (see paragraph 20.1);
- 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;
- there is a risk that supply of the Products may be significantly delayed because of events outside our control;
- 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 fourteen days; or
- you have a legal right to end the Contract because of something we have done wrong.
- For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
You do not have a right to change your mind in respect of:
- Products made or obtained to your order including but not limited to wallcoverings and fabric correctly supplied as problems often arise from design currency and manufacturing batches, paint coloured to your order by tinting machines and Mr Perswall murals;
- Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
- any Products which become mixed inseparably with other items after their delivery.
How long you have to change your mind depends on how it is delivered. You have 14 days after the day you (or someone you nominate) receives the Products, unless:
- your Products 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 Products.
- your Products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Products.
- Even if we are not at fault and you do not have a right to change your mind (see paragraph 12.1), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract is completed when the Product is delivered and paid for. 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) reasonable compensation for the net costs we will incur as a result of your ending the Contract.
- 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:
How to end the contract with us (including if you have changed your mind)
To end the Contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on +44 (0)1323 430886 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the Cancellation Form on our Website.
- By post. Print off the Cancellation Form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning Products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either post the Products back to us at Designerpaint Limited, c/o C. Brewer & Sons Limited, Maple Road, Eastbourne, East Sussex, BN23 6NY or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 (0)1323 430886 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
We will pay the costs of return:
- if the Products are faulty or misdescribed; or
- 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.
- In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
- We will refund you the price you paid for the Products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If we have not offered to collect the Product, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- To end the Contract with us, please let us know by doing one of the following:
Our rights to end the contract
We may end the Contract for a Product at any time by writing to you if:
- you do not make any payment to us when it is due;
- 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
- you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
- If we end the Contract in the situations set out in paragraph 16.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
- 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 two weeks 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.
- We may end the Contract for a Product at any time by writing to you if:
If there is a problem with the Product
- We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact us using the details on the Contact Us page of our Website.
- If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at +44 (0)1323 430886 or write to us at firstname.lastname@example.org or Designerpaint Limited, C.Brewer & Sons Limited, Maple Road, Eastbourne, East Sussex, BN23 6NY.
We are under a legal duty to supply Products that are in conformity with the Contract. See the box below for a summary of your key legal rights in relation to the Products. 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.
The Consumer Rights Act 2015 says Products 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:
- up to 30 days: if your Product is faulty, then you can get a refund.
- up to six months: if your faulty Product can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if the Product 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 you wish to exercise your legal rights to reject Products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0)1323 430886 or email us at email@example.com for a return label or to arrange collection.
Ending the contract by us
- We may end the Contract for a Product at any time by writing to you if: (a) we are unable to collect payment from you when it 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 Product; or (c) you do not, within a reasonable time, allow us to deliver the Product to you or collect them from us.
- If we end the Contract following paragraph 17.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the Contract and you shall immediately pay us any outstanding sums due to us.
- We may write to you to let you know that we are going to stop providing the Product. We will let you know 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.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
- Without affecting our liability under paragraph 17.1, we recommend that you check the Products for defects or discrepancies as soon as possible. If you find a defect or discrepancy in the Products, or suffer loss or damage that is a foreseeable result of us breaking the Contract or us failing to use reasonable care and skill, please let us know as soon as you become aware of the relevant issue. You should then take reasonable steps to minimise the damage or loss you may suffer. For example, if you should find the paint does not match the paint you had ordered, you should stop and tell us about the problem and not carry on painting your walls with the wrong paint.
- We will not be liable to you (or any other user of our Website) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use our Website or reliance on the content displayed on the Website.
- We supply Products (including any free samples provided with your order) for domestic and private use. On this basis, you agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; and
- any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
- Some of the Products we sell to you may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- You are responsible for checking the Goods on receipt. If there is a "short" delivery of Goods, whether delivered on our transport or otherwise, you must notify of us of the full particulars (including quantity and type of Goods ordered and quantity and type of Goods received) in writing within 3 days.
Using our website
- Your use of our Website is governed by these Terms. By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website.
- We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
- We are the owner or the licensee of all intellectual property rights in our 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. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use but you must not use any part of the content on our Website for commercial purposes.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied that the content on our Website is accurate, complete or up-to-date.
- We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
- You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our site is stored or any server, computer or database connected to our site.
- Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.
Your personal information
Changes to these conditions
- We may make changes to these Terms from time to time if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.
- Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. The current version of these Terms will be available on our Website. Please check the Terms on our Website each time that you order Products from us to ensure that you understand the Terms that apply at the time.
- We hope that you do not have cause for a complaint but, if you do, we would like to hear from you so that we can try and resolve your complaint and ensure that it does not happen again. Please contact us using the details on the Contact Us page of our Website.
Other important information
- We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- The Contract is between you and us. 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.
- 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 you breaking the 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.
- We intend to rely upon these Terms in relation to the Contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.
- 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. The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us at firstname.lastname@example.org.
Designerpaint Ltd November 2018