TERMS & CONDITIONS FOR SUPPLY OF GOODS
1. THESE TERMS
1.1 These terms and conditions govern your use of our website (http://www.express- paints.co.uk) your access to, and undertaking and use of our services, your relationship with Express Paints Limited and the rights, obligations and responsibilities of all parties to this Agreement. Your attention is drawn to Clauses 10,11,12, 13 & 16.
1.2 If any legislation, to include regulations and directives, is compulsorily applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation, and nothing in these conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.
1.3 You can access your order details and these terms and conditions at any time online from our website but we recommend that you store a copy of these terms on your computer or device for your reference offline.
1.4 If you agree to these terms and conditions, you should tick the ‘I agree to the terms and conditions’ box adjacent to the link to these terms and conditions on the website and you will then be able to proceed with an order with us to which these terms and conditions will apply.
1.5 If you do not agree to our terms and conditions, then you must not continue with the purchase of our Products.
1.6 If you have any questions about these terms and conditions, please contact us using the details in clause 2.1.
2. WHO WE ARE AND HOW TO CONTACT US
“We/Us”means Express Paints Limited, a company registered in England and Wales under company no: 3426104 and VAT registration no. 699 4111 00 whose registered office is at Unit 4, Dundas Spur, Portsmouth, Hants, PO3 5NX;
2.1 How to contact us. You can contact us by telephoning us on 023 9262 1800 (Mon-Fri 8am-5pm, Sat 8:30am-12pm), emailing us at firstname.lastname@example.org by writing to us at Unit 4, Dundas Spur, Portsmouth, Hants, PO3 5NX;
2.2 How we may contact you. If we have to contact you, for reasons including, but limited to, our contractual obligations under the legislation outlined in Clause 17, we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. CONDITIONS OF SALE
3.1 In these terms and conditions:
“Products”means goods sold by the us;
“You” means a customer of Express Paints Limited for the purchase of our Products.
3.2 These terms and conditions will apply to and be deemed to be incorporated in all contracts for the sale of Products by us to you, and shall override any terms proffered by you in respect of any order for Products. If not otherwise incorporated into the contract, these terms and conditions shall be deemed to be accepted and incorporated into the contract by you accepting delivery of the Products which are the subject of that contract. No variation to these terms and conditions shall be binding unless agreed in writing between the authorised representatives of you and us. References to any contract between you and us for the supply of Products shall include these terms and conditions.
3.3 Our employees or agents are not authorised to make any representations concerning the Products unless confirmed by us in writing. In entering into any contract for the supply of the Products, you acknowledge that you do not rely on any such representations which are not so confirmed, but nothing in these terms and conditions affects the liability of either party for fraudulent misrepresentation.
3.4 Any advice or recommendation given by us or our employees or agents to you or your employees or agents as to the storage, application or use of the Products which is not confirmed in writing by us is followed or acted on entirely at your own risk and accordingly we will not be liable for any such advice or recommendation which is not so confirmed.
4. OUR ORDER PROCESS
4.1 You may place an order for our Products either on our website at http://www.express-paints.co.uk, over the telephone on 023 9262 1800 or 023 9269 9138 or in our store which is located at Unit 4, Dundas Spur, Portsmouth, Hants, PO3 5NX (“Platforms”). Information on our order processes for each of these Platforms is set out in Clauses 5-7.
4.2 All information on the Platforms is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the Products listed in your order from us in accordance with these Terms and Conditions. All orders submitted by you are subject to acceptance by us.
4.3 You shall be responsible to us for ensuring the accuracy of the terms of any order you submit and for giving us any necessary information relating to the Products within a sufficient time to enable us to perform the particular contract in accordance with its terms.
4.4 The quantity, quality and description of the Products and any specification for them shall be as set out as in our quotation (if accepted by you) or the your order (if accepted by us).
4.5 We reserve the right to make any changes in the specification of the Products which are required to conform with any applicable statutory or EU requirements or which do not materially affect their quality or performance.
4.6 When we have received your order via any of the Platforms outlined in Clause 4.1 we may contact you to say that we do not accept your order. This is typically for the following reasons:
(a)the Productsare unavailable;
(b)we cannot authorise your payment;
(c)you are not allowed to buy the Productsfrom us;
(d)we are not allowed to sell the Productsto you;
(e)you have ordered too many Products; or
(f) there has been a mistake on the pricing or description of the Products.
4.7 We will only accept your order when we email you a “Dispatch Email”where order has been placed online or over the phone, or we will confirm this verbally in store. At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch (or hand over) the Productsto you.
5. ORDERING PRODUCTS ONLINE
5.1 Below, we set out how a legally binding contract between you and us is made when you purchase Products from us online.
5.2 You place an order on the site by selecting the Products you wish to purchase on our website http://www.express-paints.co.ukand submitting your payment details at our online checkout. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
5.3 When placing an order for the first time, you may be offered the option to create an account with us and will be required to complete certain required fields regarding personal information and shipping details on a form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Platforms, such as the “My Account” section of the website. Where we do so, it is on the condition that you shall be responsible for ensuring that you keep your account details secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of your account or if the account becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the website.
5.4 In the event that prolonged inactivity causes your connection to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket are not reserved and may be purchased by other customers.
5.6 You place your order at the end of the online checkout process when you click on the “Make Payment” button or its equivalent.
5.7 We will acknowledge your order by email with a “Confirmation Email.”This acknowledgement does not, however, mean that your order has been accepted.
5.8 We may contact you to say that we do not accept your order for the reasons set out in Clause 4.6.
5.9 We will only accept your order when we email you a “Dispatch Email”alerting you that the Products have been dispatched. At this point a legally binding contract will be in place between you and us.
6. ORDERING PRODUCTS IN STORE
6.1 Below, we set out how a legally binding contract between you and us is made when you purchase Products in store.
6.1.1. Any quotation given by us before you make an order for our Products is not a binding offer by us to supply such Products.
6.1.2. When you decide to place an order for Products with us, this is when you offer to buy Products. We will acknowledge your order in store but this acknowledgement does not, however, mean that your order has been accepted.
6.1.3. We may not accept your order for the reasons set out in clause 4.6.
6.1.4. We will only accept your order when we confirm this in store and raise an invoice for the Products.
6.1.5. Once we have taken payment for the Products, a legally binding contract will be in place between you and us and we will hand the Products over to you.
7. ORDERING PRODUCTS OVER THE PHONE
7.1 Below, we set out how a legally binding contract between you and us is made:
7.1.1 Any quotation given by us before you make an order for Productsisnot a binding offer by us to supply such Products.
7.1.2 When you decide to place an order for Products with us, this is when you offer to buy such Products from us.
7.1.3 When you place your order with our representative over the telephone either on 023 9262 1800 or 023 9269 9138 (Mon-Fri 8am-5pm, Sat 8:30am-12pm), you will be asked if you have an existing Customer Account with us. We may ask for your personal details to set up a Customer Account if you do not have an existing account, this will either be a weekly or monthly account. At this stage, we will not have accepted your order.
7.1.4 We may not be able to accept your order for the reasons set out in clause 4.6.
7.1.5 Our representative will explain over the phone that your order is subject to these terms and conditions and will inform you where you can access a copy of these terms and conditions. By proceeding with your order, you are agreeing to be bound by these terms and conditions.
7.1.6 We will take the payment over the phone and verbally confirm the delivery date of the Products. At this point a legally binding contract will be in place between you and us.
7.1.7 An invoice for the Products will be included with the Products that we dispatch to you and we will be emailed a copy of these terms and conditions.
8. PRICE & PAYMENT
8.1 We accept payment by Paypal, by cash, by cheque and accept payment by the following credit cards and debit cards;
8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for theProductsis secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.3 Your credit card or debit card will only be charged when the Productsaredispatched.
8.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
8.4.1. Verified by Visa; or
8.5 The price for the Products does not include:
8.5.1. Any Value Added Tax (VAT) or other applicable sales tax or duty.
8.5.2 The cost of delivering the Products. Delivery options and costs are presented to you before you place your order.
8.6 Where you have a monthly account with us, or are placing an order with us as a guest, all invoices must be paid by you within 30 days from the end of the month in which the invoice was raised.
8.7 Where you have a weekly account with us, all invoices must be paid by you within 7 days of being issued an invoice from us.
8.8 If you fail to make any payment on the due date then, without limiting any other right or remedy available to us, we may:
8.8.1. Cancel the particular contract or suspend any further deliveries to youunder that or any other contract between you and us;
8.8.2. Appropriate any payment made by you to such of the Products (or the Products supplied under any other contract between the you and us) as we may think fit (notwithstanding any purported appropriation by you); and
8.8.3. Charge you interest (both before and after any judgment) on the amount unpaid at the rate of 2 per cent per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
8.8.4. We shall be entitled to recover from you all costs we incur in recovering any outstanding amount from you.
9. NATURE OF PRODUCTS
9.1 You have the legal right to Products that meet the following criteria:
9.1.1 are of satisfactory quality;
9.1.2 are fit for purpose;
9.1.3 match their description, sample or model.
9.2 We must provide you with Products that comply with your legal rights.
9.3 The packaging of the Products may be different from that shown on our website.
9.4 While we try to make sure that:
9.4.1. all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements; and
9.4.2. the colours of our Products are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
9.5 Where you purchase bespoke mixed paint Products, you warrant that you will sample the colour by spraying the Product onto a spray card before any subsequent application. Where the paint varies from the exact colour, we can adjust the tint for you before its use. We do not take any responsibility where colour does not correspond to the colour selected by you where you have not sampled the Product’s colour before its intended application. The labels on all our mixed paint Products make it expressly clear that you are responsible for checking the colour before use.
9.6 Where you use our Colour Matching and Spectrometer Reading Services, you are aware and accept that these Services incur an additional charge of £25.00 (plus VAT).
9.7 Any Products sold:
9.7.1. at discount prices;
9.7.2. as remnants; or
9.7.3. as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
9.8 If we can’t supplycertain Productswe may need to substitute them with alternative Productsof equal or betterstandard and value. In this case:
9.8.1. we will let you know if we intend to do this but this may not always be possible; and
9.8.2. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
10. VOC COMPLIANCE – PLEASE READ CAREFULLY
10.1 You are responsible for determining whether the Products you purchase from us are Volatile Organic Compound (“VOC”)content limit compliant. The VOC content limit values can be found in Schedule 1 to our online Disclaimer which is available on our website under the tab “Non-Compliant.”
10.2 Where you purchase Products with a VOC content above the permitted limit by EU Directive 2004/42/CE (“The EU Paint Directive 2004”),implemented in the UK by the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 (SI 2012/1715), you warrant that you will use non-compliant top-coat products exclusively for the uses permitted by The EU Paint Directive 2004, which are limited to the following:
(a) Repair of motorcycles, rail vehicles, and other vehicles not covered by Directive 70/156/EEC.
(b) Repair of agricultural tractors and machinery.
(c) Use for the restoration or maintenance of vintage vehicles, designated by competent authorities as being of particular historical or cultural value (a licence is required).
(d) Original (not repair) coating of trailers or semi-trailers.
(e) Original or repair coating of vehicle constructions (other than cabins and chassis).
(f) Original (not repair) coating of cars, trucks or vans if solvent consumption is equal to or less than 15 t/a.
(g) Original (not repair) coating of vehicle parts outside of original manufacturing line.
(h) Repair of cars, trucks or vans as part of an automotive OEM installation.
(i) Use in an authorised installation (e.g. installation covered by Directive 96/61/EC).
(j) Use in a registered plant according to Directive 1999/13/EC annex III (concentration limits).
(k) Use in a registered plant according to Directive 1999/13/EC annex IV (reduction scheme).
10.3 The legislation cited in Clause 10.2 is available in PDF format upon request.
10.4 Where you purchase Products with a VOC content above the permitted limit and subsequently use the Products beyond the scope of the exceptional uses outlined in Clause 10.2, you agree to indemnify and hold us harmless from any loss, damage and any liability, including liability to the relevant authorities responsible for enforcing the law as a result of your non- compliance with the law.
11. DELIVERY OF PRODUCTS – PLEASE READ CAREFULLY
11.1 We use our own vehicles for local deliveries of our Products and a courier service for more distant deliveries.
11.2 The estimated date for delivery of the Products is set out in the Dispatch email sent out to you or will be verbally communicated to you.
11.3 If something happens which
11.3.1. is outside of our control; and
11.3.2. affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the Products.
11.4 Delivery of the Products will take place when we deliver them to the address that you gave to us.
11.5 Unless you and we agree otherwise, if we cannot deliver your Products within 30 days, we will:
11.5.1. cancel your order; and
11.5.2. give you a refund.
11.6 If nobody is available to take delivery, please contact us using the contact details at the top of this document.
11.7 Risk of damage to or loss of the Products shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Products, at the time when we have tendered delivery of the Products. Delivery of the Products shall take place at your premises unless otherwise agreed.
11.8 We shall use all reasonable endeavours to deliver each of the your orders for the Products on the dates specified in the order, but the time of delivery shall not be of the essence unless previously agreed in writing.
11.9 You shall within 48 hours of the arrival of each delivery of the Products at your premises notify us of any defect or by reason of which you allege that the Products delivered have been damaged in transit and which should be apparent on reasonable inspection.
11.10 If you fail to give such a notice then you shall be deemed to have accepted the delivery of the Products in question and we shall have no liability to you with respect to that delivery.
11.11 If you reject any delivery of the Products within the time specified we shall, as soon as reasonably practical after being requested to do so by you, supply replacement Products (in which event we shall not be deemed to be in breach of these terms and conditions or have any liability to the you).
12. RIGHT TO CANCEL THIS CONTRACT – PLEASE READ CAREFULLY
12.1 You have the right to cancel this contract within 14 days without giving any reason, unless you are purchasing products in your capacity as a business.
12.2 To exercise the right to cancel, you must inform us of your decision to cancel the contract by clear statement (e.g. a letter sent by post or email to the addresses in clause 2.1).
12.3 To meet the cancellation deadline, it is sufficient that you send the communication concerning your exercise of the right to cancel before the cancellation period has expired;
13. EFFECTS OF CANCELLATION – PLEASE READ CAREFULLY
13.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery to you (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
13.2 We may make a deduction from the reimbursement for loss in value of any Productssupplied, if the loss is the result of unnecessary handling by you;
13.3 We will make the reimbursement without undue delay, and not later than:
13.3.114 days after the day we received back from you any Productssupplied; or
13.3.2(if earlier) 14 days after the day you provide evidence that you have returned the Products; or
13.3.3if there were no Productssupplied, 14 days after the day on which we are informed about your decision to cancel this contract.
13.4 We will endeavor to make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
13.5 If you have received Products:
13.5.1. You can return any unused Product to us (to the address in Clause 2) in its original condition for a refund within 14 days from the day on which you communicate your cancellation from this contract to us.
13.5.2. This right to return does not apply to bespoke or made to measure products, unless the Products are not fit for purpose, damaged or not as described.
13.5.3. You will bear the direct cost of returning the Products to us and all returns should be sent using an insured postal service.
13.6 In the unlikely event that any goods are found to be faulty or supplied incorrectly, we will be happy to send you a replacement or refund, subject to you returning the goods within 30 days of purchase. All refunds will be made via the same method of payment as the original purchase. This clause applies to both businesses and consumers who have purchase our Products.
14. RESERVATION OF TITLE
14.1 Notwithstanding delivery and the passing of risk in the Products, or any other provision in these terms and conditions, the property in the Products shall not pass to the you until we have received in cash or cleared funds payment in full of the price of the Products and all other goods agreed to be sold by the us to you for which payment is then due.
14.2 Until such time as the property in the Products passes to you, you shall hold the Products as our fiduciary agent and bailee, and shall keep the Products separate from any other goods of yours and those of third parties and properly stored, protected and insured and identified as our property, but you may use the Products in the ordinary course of your business.
14.3 Until such time as the property in the Products passes to you (and provided the Products are still in existence), we may at any time require the you to deliver up the Products to us and, if you fail to do so immediately, enter on to your premises or the premises of any third party where the Products are stored and repossess the Products.
14.4 For the avoidance of doubt this section 14 shall apply equally to Products which form part of consignment stock held on the premises.
15.1 We warrant that the Products will correspond with their description at the time of delivery.
15.2 The above warranty shall be subject to us being under no liability in respect of any defect arising from failure to follow the manufacturer’s instructions, failure to store the Products in appropriate conditions, or use of Products in abnormal working conditions.
15.3 We shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid by the due date for payment.
15.4 Subject to the above, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
16. CLAIMS & LIABILITY – PLEASE READ CAREFULLY
16.1 A claim by you which is based on any defect in the quality or condition of the Products or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to the us within 30 days from the date of delivery. If delivery is not refused, and you do not notify us accordingly, we shall not be entitled to reject the Products and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the goods had been delivered in accordance with the particular contract.
16.2 Where a valid claim in respect of any Products which is based on defect in the quality or condition of the Products or their failure to meet specification is notified to us in accordance with these terms and conditions, we may replace the Products free of charge or at our sole discretion refund you the price of the Products (or a proportionate part of the price) in which case we shall have no further liability to you.
16.3 We shall not be liable to you or be deemed to be in breach of any particular contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Products, if the delay or failure was due to any cause beyond our reasonable control. Without limiting the foregoing, the following should be regarded as causes beyond our reasonable control:
16.3.1. An act of God; explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority; imports or exports regulations or embargoes; strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Supplier or of a third party); difficulties in obtaining raw materials, or power failure or break down in machinery.
16.4 Except in respect of death or personal injury caused by the our negligence, or liability for defective products, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of the particular contract, for loss of profit or loss of business or contracts, or loss of anticipated savings nor for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of us, our employees or agents or otherwise) which arise out or in connection with the supply of the Products (including any delay in supplying or any failure to supply the Products in accordance with the particular contract or at all) or their use or resale by you, and the our entire liability under or in connection with the particular contract shall not exceed the price of the particular Products the subject matter of the particular contract, except as expressly provided in these terms and conditions.
16.5 Without limiting any other right or remedy available to us, we shall be entitled immediately to cancel or terminate any contract or order for the supply of Products to you by written notice to you if:
16.5.1. you commit any breach of any of the provisions of that contract or order;
16.5.2. an encumbrancer takes possession or a receiver is appointed over any of your property or assets.
16.5.3. you make any voluntary arrangement with your creditors or enter into administration;
16.5.4. you enter into liquidation (except for the purposes of an amalgamation, reconstruction or other reorganisation of a solvent company and in such manner that the company resulting from the reorganisation effectively agrees to be bound by or to assume the obligations on that other party under that contract or order);
16.5.5. you cease, or threaten to cease, to carry on business.
16.6 We do not accept responsibility or any liability whatsoever for any patterns or panels in transit in our delivery vans or left at our premises.
17. DATA PROTECTION
18.1 You are not entitled to assign, transfer or otherwise encumber any contract between us and you or any of its benefits or obligations under any such contract.
18.2 Any waiver by us of a breach of any provision of any contract in place between us and you shall not be considered as a waiver of any subsequent breach of the same or any other provision.
18.3 No one other than a party to this contract has any right to enforce a term in this contract.
18.4 We will try and resolve any disputes with you quickly and efficiently. If you are unhappy with the goods, our service or any other matter, please contact us as soon as possible.
18.4.1. Where we are unable to settle a dispute, we shall supply you with information regarding our alternative dispute resolution provider, CEDR, to resolve proceedings.
18.5 All contracts between the us and you for the supply of Products will be governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction in relation to any dispute arising out of or in connection with any such contract.