Welcome to the Buy Paints Online website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Care Team by e-mail, firstname.lastname@example.org
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Buy Paints Online.
- Acceptance of the order and the completion of the contract between you and us will take place by a confirmation e-mail, following allocation of goods unless we have notified you that we do not accept your order, or you have cancelled it.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
The contract will be concluded in English. The details of your specific contract will not be filed by Buy Paints Online. If you do require any information regarding orders you have placed, please contact us at the following address: email@example.com
Description of products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times.
Buy Paints Online have made every effort to prepare and check the content of this website to ensure all information is accurate, particularly with regards to prices quoted, stock availability and product description. Orders will only be accepted if no material discrepancy exists in respect of details, prices and descriptions quoted. Our acceptance of your order will take place upon dispatch of the products ordered. All sizes and measurements are approximate; however we do make every effort to ensure they are as accurate as possible.
Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted.
Online payments at Buy Paints Online are made through SagePay and PayPal. After confirming your purchase and contact details you will be asked to enter your payment details on the Sage Pay or PayPal secure payment servers.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- Any loss of goodwill or reputation; or
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Buy Paints Online and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
We reserve the right to:
- Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
- Change the conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation in place.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”). We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner’s Office. We use your information only for the following purposes:
- Processing your orders;
- For statistical or survey purposes to improve this Website and its services to you;
- To serve website content and advertisements to you;
- To administer this website;
If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
When entering any of our contests or prize draws, you provide your name, email address and mailing address. The winner only will be notified by e-mail.
Goods purchased should be used as intended, and applying any instructions supplied.
In the event that goods received by you are either faulty or damaged, you should contact us within 24hours from the time on which you have accepted delivery of the goods. You have the right, in the event of the goods being either faulty or damaged, to have the goods returned to us provided that you have notified us of the defect or damage within the period of time after delivery and provided that the damage or defect has not happened following the date of delivery to you.
We have made every effort to display the colours of products as accurately as possible on our website. The actual colour that you see will depend upon on your monitor hence we cannot guarantee that the colour you see displayed will reflect the actual colour of the product
Jurisdiction and General Matters
All matters concerning and incidental to any offer or agreement for the purchase and sale of goods from our website shall be in English and construed and governed according to the Law of Northern Ireland and the courts of Northern Ireland shall have jurisdiction in all such matters.
We continually update our online store. From time to time our retail stores may run special local promotions, which may not be available on our web site, or we may offer special discounts online that are not available in the retail shops.
We reserve the right to withdraw any goods from the website at any time.
Prices are subject to change without notice. Prices are inclusive of VAT.
Password/Account security – You are responsible for the security of your password and account.
Where your order includes the purchase of knives or bladed articles, such as wallpaper cutting and hanging toolkits, you confirm that you are over the age of 16.
Damage to your computer
Buy Paints Online make every effort to ensure this website is free from defects or viruses. However, we cannot guarantee that your use of this website will not cause damage to your computer. It is your responsibility to provide the necessary screening to protect your computer. Clarke Decorate will not be liable for any damage or loss as a result of using this website.