ELTHAM DIY LIMITED TERMS AND CONDITIONS FOR THE SALE OF GOODS
These Terms and Conditions are the standard terms for the sale of Goods and Services via www.designerpaintshop.co.uk or in store by Eltham DIY Limited, a Private Limited Company registered in England under number 06853638, whose trades from 118-120 Westmount Road, Eltham, London, SE9 1UT.
Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods and/or Services from Our website or in store. You will be required to read and accept these Terms and Conditions when ordering Goods and/or Services. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods and/or Services through Our website.
Contents Definitions and Interpretation Information About Us Access to and Use of Our Website International Customers Goods, Pricing and Availability The Contract - In Store The Contract – Website orders Changes and Cancellations Payment Faulty, Damaged or Incorrect Goods Returning Goods If You Change Your Mind Our Liability Events Outside of Our Control (Force Majeure) Complaints and Feedback How We Use Your Personal Information (Data Protection) Other Important Terms
Definitions and Interpretation.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Bespoke Goods” means, the bespoke items which are to be supplied by Us to you as specified in your Order and inline with the requirements you have provided (and confirmed in Our Order Acceptance);
“Business Day” means, any day other than a Saturday, Sunday or bank holiday;
“Contract” means the contract for the purchase and sale of Goods, as explained in Clauses 6 & 7;
“Goods” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Acceptance);
“Price” means the price payable for the Goods;
“Special Price/offer” means a special offer price payable for Goods which We may offer from time to time;
“Order” means your Order for the Goods as stated on your Order confirmation;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clauses 6 & 7;
“We/Us/Our” means Eltham DIY Limited, a Private Limited Company registered in England under number 06853638, whose trading address is 118-120 Westmount Road, Eltham, London, SE9 1UT.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, social media or other means.
Information About Us.
2.1 Eltham DIY Limited, is a Private Limited Company registered in England under number 06853638, whose registered address is 118-120 Westmount Road, Eltham, London, SE9 1UT.
2.2 Our Phone Number is 020 8850 1781.
2.3 Our VAT number is GB 948 9141 80.
Access to and Use of Our Website.
3.1 Access to Our website is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our website.
3.3 Access to Our website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our website (or any part of it) at any time and without notice. We will not be liable to you in any way if Our website (or any part of it) is unavailable at any time and for any period.
4.1 Please note that We only do business within the United Kingdom
Goods, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods that you will receive. Please note, however, the following:
5.1.1 Images of Goods are for illustrative purposes only. There may be slight variations between the image of a product and the actual product sold due to differences in computer displays and lighting conditions and, in the case of Bespoke Goods, variations resulting from your specific requirements;
5.1.2 You accept that samples may vary slightly from the final product owing to the mixing and manufacturing process.
5.1.3 Images and/or descriptions of packaging are for illustrative purposes only; the actual packaging may vary.
5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different ones altogether. Please refer to Clause 12 if you receive incorrect Goods.
5.3 Where appropriate, you may be required to select the required size, brand, colour, number, of the Goods that you are purchasing.
5.4 If you order Bespoke Goods from Us, We will mix them to your specifications and requirements, as detailed in the descriptions accompanying such Goods on Our website. When you place an Order for Bespoke Goods, We will provide details of the information required from you.
5.5 When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your statutory rights.
5.6 We cannot guarantee that Goods and/or component materials such as paints (where we mix) to make Bespoke Goods will always be available. Stock indications are not provided on Our website.
5.7 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
5.8 We make all reasonable efforts to ensure that all prices shown are correct at the time of going live. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.11 regarding VAT, however).
5.9 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 21 days, We will treat your Order as cancelled and notify you of this in writing.
5.10 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown at the time of placing your Order.
5.11 All prices include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
The Contract - In Store
6.1 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
6.2 A legally binding contract between Us and You will be created upon Our acceptance of your Order, this will be at the point of sale by us taking payment in full from you.
6.3 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and You, save for where such information is already apparent from the context of the transaction:
6.3.1 The main characteristics of the Goods;
6.3.2 Our identity and contact details as set out above in Clause 2;
6.3.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
6.3.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
6.3.5 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
6.3.6 Our complaints handling policy;
6.3.7 We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;
6.3.8 Where applicable, details of after-sales services and commercial guarantees;
The Contract – Website orders
7.1 Our website will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it. In particular, if you are ordering Bespoke Goods, please check the details you have provided carefully as We may not be able to accommodate changes once we have begun making your Bespoke Goods.
7.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
7.3 No part of Our website constitutes a contractual offer capable of acceptance, it is an invitation to treat. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
7.4 Order Confirmations shall contain the following information:
7.4.1 Your Order Number;
7.4.2 Confirmation of the Goods and/or Services ordered including full details of the main characteristics of those Goods and/or Services;
7.4.3 Fully itemised pricing for the Goods and/or Services ordered including, where appropriate, taxes, delivery and other additional charges;
7.4.4 Estimated collection/completion date.
7.5 We will also include a paper copy of the Order Confirmation with your Goods when they are collected.
7.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 10 working days.
7.7 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods and/or Services.
Changes and Cancellations
8.1 All Orders made by you will be subject to these Terms and Conditions.
8.2 You may change your Order at any time before We despatch the Goods by contacting Us. This does not apply to bespoke Goods. We will only accept changes to Orders for bespoke Goods if We are reasonably able to accommodate your request without additional work.
8.3 Any charges incurred by us in restocking will be passed onto you, in addition to this we reserve the right to charge a reasonable fee to cover our own administration.
8.4 If you wish to make changes to your order under this Clause 8 you must call us to discuss the changes and, if agreed, we will confirm in writing. If this changes the total price then this must be settled before any Order will be dispatched. Refunds will be dealt with as per clause 8.5.
8.5 You may cancel your Order at any time before We despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 9, the payment will be refunded to you within 10 working days. This does not apply to bespoke Goods (unless you are cancelling under sub-Clause 13.2.5 due to an event outside of Our control). We will only accept an Order cancellation for bespoke Goods if We have not yet begun making or altering the Goods. If you request that your Order be cancelled, you must confirm this cancellation in writing.
8.6 We may cancel your Order at any time before We despatch the Goods in the following circumstances:
8.6.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
8.6.2 An event outside of Our control continues for more than 21 days (please see Clause 13 for events outside of Our control).
8.7 If We cancel your Order under sub-Clause 8.6 and you have already paid for the Goods under Clause 9, the payment will be refunded to you within 10 working days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
9.1 All payments for Goods and/or Services purchased in store must be made at the time of purchase.
9.2 All payments for Goods and/or Services ordered on Our website must be made in advance and before we produce for Order for collection or Services commence.
Faulty, Damaged or Incorrect Goods
10.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us using the contact details in Clause 2 as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Please note that if Bespoke Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description, as explained in sub-Clause 5.5, you will not be able to return those Bespoke Goods. Otherwise, your available remedies will be as follows:
10.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
10.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
10.1.3 If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep them at a reduced price, or to reject them in exchange for a refund.
10.1.4 If you exercise the final right to reject the Goods more than six months after you have received them (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
10.1.5 Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
10.2 Please note that you will not be eligible to claim under this Clause 10 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 10 merely because you have changed your mind. Please refer to Clause 11 for more details.
10.3 To return Goods to Us for any reason under this Clause 10, please contact Us using the contact details in Clause 2 to arrange to return.
10.4 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 10 working days of the day on which We agree that you are entitled to the refund.
10.5 Refunds under this Clause 10 will be made using the same payment method that you used when making your Order.
10.6 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10.7 If you are a trader and have not purchased the Goods for personal use as a consumer, you do not have the same rights and clauses 10.1.1 to 10.1.5 are expressly excluded. You only have the right to Refund or Replacement of faulty Goods.
Returning Goods If You Change Your Mind
11.1 If you are not satisfied with any (non-bespoke) Goods purchased from Us you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 11. This Clause 11 does not apply to Goods that are not in compliance with your legal rights. For such Goods please refer to Clause 10.
11.2 This Clause 11 does not apply to bespoke Goods. Goods which We have produced or altered to order for you cannot be returned if you change your mind.
11.3 If you wish to return Goods to Us under this Clause 11, you must do so within 7 days of the latter of purchasing or delivery to you, telling Us why you wish to return the Goods.
11.4 All Goods must be returned to Us under this Clause 11 in their original condition, in their original, un-opened packaging, accompanied by a proof of purchase.
11.5 You may return Goods to Us in person during Our business hours of 8am – 5pm Monday to Saturday (we are closed on Sundays) or you may return them by post or another suitable delivery service of your choice. You are solely responsible for the cost of returning Goods to Us under this Clause 11.
12.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
12.2 We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
12.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
12.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer if you are utilising our services as such. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
13.2.1 We will inform you as soon as is reasonably possible;
13.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
13.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
13.2.4 If the event outside of Our control continues for more than 3 months We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
13.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 8.5 above.
Complaints and Feedback
14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
14.2 All complaints are handled in accordance with Our complaints handling policy and procedure.
14.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in writing, addressed to The Owner, Eltham DIY Limited,118-120 Westmount Road, Eltham, London, SE9 1UT or by email to firstname.lastname@example.org.
How We Use Your Personal Information (Data Protection)
Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
16.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
16.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
16.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
16.6 Any disputes (whether contractual or otherwise) shall be subject to the laws of England and Wales and the exclusive jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.