1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply tins of paint to you. For ease of reading, in some places we refer to our tins of paint as ‘products’.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you:
(a) who we are;
(b) how we will provide products to you;
(c) how you and we may change or end the contract;
(d) what to do if there is a problem; and
(e) other important information. In particular, please review clauses 9.6 and 13 carefully since these set out, for example:
(i) how you must store our products;
(ii) circumstances in which we will not be obliged to make a full refund; and
(iii) situations in which we will not be legally responsible for loss or damage that you may suffer.
If you think that there is a mistake in these terms, please contact us to discuss this before placing an order.
These terms may change from to time and without us notifying you of the changes. Therefore, you should always ensure that you read these terms carefully each time you submit an order to us.
2. Information about us and how to contact us
2.1 Who we are. We are Alix Lawson London Ltd, a company registered in England and Wales. Our company registration number is 11544821 and our registered office is at 48 Warwick Street, London, W1B 5AW. Our registered VAT number is 325821608.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0203 985 6262 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ‘Writing’ includes emails. When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the products.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from (or deliver to) addresses outside the UK.
4. Our products
4.1 Products may vary slightly.
(a) The images featuring our paints on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of our paints. The colours of the paints that we provide to you may vary slightly from the colours in those images.
(b) The surfaces to which our paints are applied may affect the appearance of the colour of our paints. Therefore, we strongly recommend that you test (with one of our sample paints) any surfaces that you intend to paint.
(c) All of our paint is produced in small batches. Therefore:
(i) the colour of our paints may vary slightly from order to order (including between any sample paints ordered and subsequent orders for a larger volume of paint);
(ii) the colour of our paints may vary slightly from sample cards that we may provide.
As a result:
(iii) sample paints should not be used for touching up surfaces;
(iv) you should ensure that (other than where ordering samples) you order sufficient paint for your particular need/job in a single order.
4.2 Product packaging may vary. Our paint tins may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the products that you have ordered, please contact us and we will let you know if the change is possible. If it is possible, we will:
(a) let you know about any changes to:
(i) the price of the products;
(ii) the timing of delivery; and/or
(iii) anything else which would be necessary as a result of your requested change; and
(b) ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
We may make minor changes the products to reflect changes in relevant laws and regulatory requirements.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website when you place your order.
7.2 When we will provide the products. We will contact you with an estimated delivery date, which will be within 21 days after the day on which we accept your order.
7.3 Orders for 19 or more tins of paint. If you order 19 or more tins of paint, the products will ordinarily be delivered on a palette. If you wish to order 19 or more tins of paint but will be unable to take delivery of a palette, you must inform us before placing your order (in which case, the products will not be delivered on a palette); otherwise, by placing an order you are confirming that you are able to take delivery of a palette.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (for example, extreme weather or a natural disaster or terrorist attack) we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that 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.
7.5 If you are not at home when the product is delivered or are unable to take delivery of palettes. If:
(a) no one is available at your address to take delivery; or
(b) you are unable to take delivery of a palette but failed to inform us of this before placing your order for 19 or more tins of paint,
we will leave you (or provide you with) a note informing you of how to rearrange delivery.
If you do not re-arrange delivery. After a failed delivery to you, if you do not re-arrange delivery, we will contact you for further instructions and may charge you 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 clause 10.2 will apply.
7.6 When you become responsible for the products. The products will be your responsibility from the time:
(a) we deliver the products to the address you gave us; or
(b) you (or a carrier organised by you) collect them from us.
7.7 When you own the products. You own the products once we have received payment in full.
7.8 We may suspend delivery of the products if you do not pay. If you do not pay us for the products:
(a) when you are supposed to; and
(b) you still do not make payment within 7 days of us reminding you that payment is due,
we may suspend delivery of the products until you have paid us the outstanding amounts. We will contact you to tell you if we suspend the delivery of the products. As well as suspending delivery of the products, we can also charge you interest on your overdue payments. (See clause 12.5.)
8. Your rights to end the contract
8.1 When you can end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the products, how we are performing and when you decide to end the contract:
(a) if the products are faulty or mis-described, you may have a legal right to end the contract (or to get the products replaced or to get some/all of your money back). See clause 11;
(b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) if you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period but this may be subject to deductions and you will have to pay the costs of return of the products.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below, 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:
(a) we have told you (under clause 12.3) about an error in the price of the products you have ordered and you do not wish to proceed;
(b) we have told you (under clause 7.4) about a risk that the delivery of the products may be delayed because of events outside our control and this delay may be significant;
(c) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind. For most products bought online, consumers have a legal right to change their mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013. Under this contract, business customers are also allowed to change their mind on the same terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? You have 14 days after the day you receive the products, unless delivery of your products is split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the products.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) calling customer services on 0203 985 6262 or emailing us at email@example.com. Please provide:
(i) your name;
(ii) your address;
(iii) details of the order; and
(iv) your phone number;
(b) completing and posting the form at Schedule 1 to us at the address on the form. Alternatively, simply write to us at that address, including details of:
(i) what you bought;
(ii) when you ordered or received it; and
(iii) your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after the products have been dispatched to you or you have received them, you must return them to us. You must either:
(a) post them back to us at 707 Street 3 Thorpe Arch Estate, Wetherby LS23 7FF; or
(b) if they are not suitable for posting, allow us to collect them from you.
Please call customer services on 0203 985 6262 or email us at firstname.lastname@example.org 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.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described; or
(b) if you are ending the contract because:
(i) we have told you of:
(A) an error in pricing;
(B) a potentially significant delay in delivery due to events outside our control; or
(ii) 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.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the products from you, we will charge you the direct cost to us of collection. That cost may be high but will not usually be more than the charge you paid for the delivery of the products.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, as described below, we may make deductions from the price.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling or treating them in a way which would not be permitted in a shop. This includes:
(i) opening tins of paint. In this case, we will not be able to resell the paint so the value would be reduced to zero;
(ii) severely denting tins of paint;
(iii) storing tins of paint at temperatures outside of the range 8 – 25 ºC;
If we refund you the price paid before we are able to inspect the products and later discover you have handled or treated them in an unacceptable way, you must pay us an appropriate amount;
(b) 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.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind:
(a) and we have not offered to collect the products, your refund will be made within 14 days from:
(i) the day on which we receive the products back from you; or
(ii) if earlier, the day on which you provide us with evidence that you have sent the products back to us;
(b) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, 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.
11. If there is a problem with the products
11.1 We are under a legal duty to supply products that are in conformity with this contract.
11.2 How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can telephone our customer service team at 0203 985 6262 or write to us at email@example.com.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must either:
(a) post them back to us; or
(b) 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 0203 985 6262 or email us at firstname.lastname@example.org for a return label or to arrange collection.
12. Price and payment
12.1 Where to find the price for the product. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay (unless you have already paid for the products in full before the change in the rate of VAT takes effect).
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may:
(a) end the contract;
(b) refund you any sums you have paid; and
(c) require the return of any products provided to you.
12.4 When you must pay and how you must pay. We accept payment by American Express, Mastercard and Visa. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 We are not responsible for delays. As we mention at clause 7.2, delivery dates are estimates. Therefore, you should not rely on any estimated delivery dates. We will not be responsible for any loss or damage that arises due to:
(a) any delays in delivery; and/or
(b) our failure to meet any estimated delivery date.
13.2 We are not responsible for any loss or damage that arises due to your treatment of the products. In particular, we will not be responsible for any loss or damage resulting from any degradation to the paint resulting from:
(a) the tin having been stored at temperatures outside of the range 8 – 25 ºC;
(b) a failure to tightly reseal the tin after having opened it.
13.3 The quality of our paints will naturally degrade from 24 months from the date of delivery. After that date, we are not responsible for any loss or damage that arises from the fact that the paint has degraded due to its age.
13.4 Uses for our paints. Our:
(a) ‘matt emulsion’ paint is intended only for use (and should only be used) on bare interior walls and ceilings;
(b) ‘eggshell’ paint is intended only for use (and should only be used) on interior woodwork;
(c) paint is, in particular, not intended for use on:
(d) paint should be applied (and the surfaces to which it is applied should be prepared) in accordance with our product advice sheets.
(e) paint should be used in accordance with (and you must follow) our product safety sheets.
We are not responsible for any loss or damage that arises from:
(f) the application of our paints to anything other than bare interior walls and ceilings;
(g) a failure to:
(i) apply our paints in accordance with our product advice sheets; or
(ii) prepare the surfaces to which our paint is applied in accordance with our product advice sheets;
(iii) use our paints in accordance with (and you must follow) our product safety sheets.
13.5 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of:
(a) our breaking this contract; or
(b) our failing to use reasonable care and skill,
but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either:
(c) it is obvious that it will happen; or
(d) if, at the time the contract was made, both we and you knew it might happen. For example, if you discussed it with us during the sales process.
13.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of your applicable legal rights in relation to the products. For example, the right to receive products which are:
(i) as described and match information we provided to you and any sample or model seen or examined by you;
(ii) of satisfactory quality;
(iii) fit for any particular purpose made known to us; and
(d) defective products under the Consumer Protection Act 1987.
14. How we may use your personal information
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 If a court finds part of this contract illegal, the rest will continue in force. Each clause of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
15.3 Even if we delay in enforcing this contract, we can still enforce it later. 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 your breaking this 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.4 Which laws apply to this contract and where you may bring legal proceedings. 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 or are domicilied (as applicable) in:
(a) Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts
(b) Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Alix Lawson London Ltd, 48 Warwick Street, London, W1B 5AW (telephone number 0203 985 6262 and e-mail address email@example.com)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.