Terms & Conditions
"Paints R Us" Terms and Conditions
These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which "Paints R Us" ("we/us") make this website (the "Paints R Us" Site) available to you and any of our services which are accessible on or via the "Paints R Us" Site
These Terms and Conditions govern your use of "Paints R Us" Sites and the "Paints R Us" Services.
1.0 Paints R Us products
1.1 All "Paints R Us" Products as depicted on this website (as may be varied from time to time) are available almost everywhere in the UK.
1.2 All "Paints R Us" Products are subject to availability. In the event that we are unable to supply the "Paints R Us" Product or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
2.0 Prices
2.1 Prices listed within the "Paints R Us" websites are valid for a maximum of 30 days of submitting your purchase form.
2.2 Prices include VAT for deliveries within the UK, Republic of Ireland and Channel Islands, but exclude delivery & packing (which varies based on product and value of order).
3.0 Orders / Payment
3.1 You will be given clear instructions in order to navigate the Order Form and you shall be required to provide us with your complete personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details. We accept payment by all major credit and/or debit cards other than Solo, Electron, department store cards and any other credit and/or debit cards as we may specify from time to time. By clicking on the 'Next' button on the Order Form, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the "Paints R Us" site.
3.2 Submitting your Order Form is subject to our acceptance of this offer when we issue a written confirmation of acceptance by e-mail to the e-mail address with which you have addressed us. We will not consider ourselves bound by a contract with you until we have issued this confirmation.
3.3 We will confirm your order details and advise you that we are processing your purchase when we e-mail you.
3.4 We cannot accept Order Forms from customers under the age of eighteen (18) years.
4.0 Delivery
4.1 A Delivery charge maybe applicable, dependent on the size, weight & value of order, This will be confirmed at time of order confirmation.
4.2 On acceptance by us of your Order Form we will advise you by e-mail confirmation of the intended delivery date. We will process Order Forms received on
Sundays or Public Holidays the next working day. We do not deliver on Sundays or public holidays but in this case we will deliver the Product you request on the next working day.
4.3 Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and your daytime contact telephone number and e-mail address so that we can notify you in the event that any delivery problems are encountered.
4.4 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date you acknowledge that actual delivery will be via a carrier or post and in very occasional circumstances delivery on the requested terms will not be possible. In such circumstances you will be given prior notice wherever possible.
4.5 In case of delivery to certain locations where a third party is involved, such as hospitals, airports, hotels and ships, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.
4.6 In respect of orders outside the UK, Channel Islands and Republic of Ireland, delivery shall be made as soon as is reasonably practicable but you acknowledge that delivery on the intended delivery date, particularly in respect of orders received for same day delivery or for Sundays and Public Holidays, cannot be guaranteed.
5.0 Guarantees
5.1 All equipment supplied is covered by the manufacturers warranty only.
5.2 Warranty claims are to be made directly with the manufacturer.
5.3 Please consult the Manufacturers website for the Manufacturers warranty terms.
5.4 Were necessary and at our discretion we may provide assistance in making the claim but the decision in relation to the outcome of the claim is that of the manufacturer and is final.
5.5 In the unfortunate event that the manufacturer is no longer trading the honouring of the warranty does not pass to the "Paints R Us".
6.0 Cancellation
6.1 Your right to cancel is in accordance with the current regulations specified in the "Consumer Protection Distance Selling Regulations 2000"
6.2 You have the unconditional right to cancel the order from the point of placing the order up to 7 days after the receipt of the goods. Cancellation has to be in writing which can be in the form of a letter, fax or email. Contact the Customer Services Team from 9am until 5pm Monday to Friday using the contact details set out in Section 7 below.
6.3 After cancellation of the order your money will be reimbursed within 30 days of the date of receipt of the cancellation notice.
6.4 A charge for the return of the goods will be made but it will not be more than the cost of recovering the goods.
6.5 The goods will be collected within 21 days of the cancellation of the order. You must make the goods freely available for collection within this period.
6.6 You are under a duty of care for the goods until they are collected.
6.7 If you do not take care of the goods then we can claim against you for the loss in value. In order to receive a full refund for the goods you must return the goods in the condition which they were received.
6.8 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.
7.0 Paints R Us Customer Services
7.1 In the event that you are not satisfied with the "Paints R Us" Service any complaints should be addressed in the first instance to:
By email: info@kpaints.co.uk
By telephone: +44 (0)1482 342216
By fax: +44 (0)8432 652048
By post: Customer Care, Paints R Us, Unit 8 Burma Drive Unit Factory Estate, Marfleet Lane, Hull. HU9 5SD United Kingdom
7.2 Our Customer Service Team is available from 9am to 5pm from Monday to Friday.
7.3 To assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 working day of the date of delivery or intended delivery of your purchase.
8.0 Disclaimer
8.1 Whilst we agree to use our reasonable endeavours to ensure that the "Paints R Us" Site and/or the "Paints R Us" Service is fully operational and error-free, we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the "Paints R Us" Site and/or the "Paints R Us" Service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the "Paints R Us" Site and/or the "Paints R Us" Service impossible or impractical.
8.2 (a) We accept liability for death or personal injury arising from our negligence and for all liability arising from any fraudulent representation we may make. (b) Subject to clause 8.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to a multiple of [5] times the price you have paid for the "Paints R Us" Product. (c) Subject to clauses 8.2(a) and 8.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the "Paints R Us" Site and/or the "Paints R Us" Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the "Paints R Us" Products supplied. (d) Subject to clauses 1.2 and 4.4 above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.
9.0 General
9.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the "Paints R Us" Site and/or the "Paints R Us" Service from time to time. We will post any changes on the "Paints R Us" Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the "Paints R Us" Service or "Paints R Us" Site. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
9.2 Additionally, we reserve the right to suspend, restrict or terminate access to the "Paints R Us" Site and/or the "Paints R Us" Services for any reason at any time.
9.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the "Paints R Us" Site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
9.5 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
9.6 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
9.7 Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
