(a) In these Conditions: "Customer" means the Customer indicated on the Order; “Consumer” means a customer purchasing Products for personal use at a domestic premises; “Contract” means any contract between Customer and Rawlins Paints for the sale and purchase of Products incorporating these Conditions; “Fire Protection Products” means Products intended to help protect against fire; “Price” means the price of the Products as may be amended at any time before a Contract is formed; “Products” means the paint and other products shown on the Order to be supplied by Rawlins Paints; “Order” means an order for Products submitted to Rawlins Paints (i) either online through the Site, or (ii) by email, fax or telephone; "Rawlins Paints", “we”, “us” means E.J. Rawlins & Company Limited a company incorporated under the laws of England with company number 00197035 whose registered office is at Northspeed House, Moorview, Holbeck, Leeds, West Yorkshire LS11 9NF, trading as Rawlins Paints; “Product Data Sheet” means all documents issued by a manufacturer containing details of the safe supply, handling and use of a Product, including but not limited to technical data sheets safety data sheet and application guides; “Site” means the Rawlins paint website; and “Trader” means a Customer who is not a Consumer.
(b) These Conditions supersede all prior representations or arrangements, and contain the entire agreement between the parties in connection with the Products. All other terms and conditions are excluded, including any that Customer may purport to apply, any implied by law, previous course of trading and/or trade custom.
(c) None of Rawlins Paints' employees or agents has authority to modify or supplement these Conditions.
(d) Words in the singular include the plural and in the plural include the singular.
(e) A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.
- NOTICE TO CONSUMERS
Most Products are intended for commercial use only and require a good knowledge and understanding of specialised paint products and how to apply them. Consumers may submit an Order for Products, but in doing so, Consumers expressly acknowledge and agree that:
(a) we do not provide small test pots for the Products
(b) certain Products cannot be returned for reasons of health protection;
(c) certain Products cannot be returned by Royal Mail or may only be returned by Royal Mail subject to certain packaging requirements; and
(d) most Products are for professional use only as determined by the manufacturer of the Product and as indicated in the Product Data Sheet. In accordance with the guidance issued by the British Coatings Federation, we cannot sell to Consumers any Products that are professional use only. If you order a Product described as professional use only, you shall be liable to us for any costs, claims, damages, liabilities, penalties and/or fines we incur as a result.
- ORDER PROCESS
(a) All Orders, however placed, are subject to these Conditions.
(b) Customer or Customer’s representative may only place an Order if they are at least 18 years old and the delivery address is in the United Kingdom. At our request, you shall provide evidence of your age.
(c) For all Orders placed by telephone, fax or email, we shall promptly send Customer a written Order. Customer shall carefully check the Order to ensure that the Products set out on the Order accurately reflect Customer’s requirements. If there are any changes required to the Order, Customer shall notify Rawlins Paints by email within 1 hour of receipt of the Order, and Rawlins Paints shall amend the Order accordingly which may for the avoidance of doubt include an amendment to the Price. If Customer does not notify Rawlins Paints of any change to the Order within 1 hour of receipt, then Customer shall be deemed to have accepted the terms of the Order and these Conditions.
(d) If you wish to place an Order for Fire Protection Products, then we strongly recommend that you first contact Rawlins Paints’ Technical Department to discuss your requirements and to obtain a tailored specification and appropriate advice. Notwithstanding any other provision of these Conditions, Rawlins Paints reserves the right to reject any Order for Fire Protection Products at its sole discretion. By placing an Order for Fire Protection Products, the Customer warrants and represents that (i) it has read and understood the relevant Product Data Sheets; (ii) has all necessary approvals from all relevant authorities for use of the Fire Protection Products; (iii) has the necessary expertise and experience to use the Fire Protection Products. Customer acknowledges that such confirmation shall be relied upon by Rawlins Paints in relation to the Contract.
(e) Unless otherwise agreed in writing by Rawlins Paints, and subject to Condition 2(c), a legally binding Contract between Customer and Rawlins Paints shall come into existence only if (i) Rawlins Paints receives the full fee or the first instalment of the fee if we agree to payment by instalment; and/or (ii) Rawlins Paints delivers the Products.
(f) When a legally binding Contract has come into existence, we acknowledge that we are under a legal duty to supply the Products in conformity with these Conditions.
(g) Traders are responsible for all Orders placed by their employees. Traders may not withhold or set off any payment due to us against any amount due to the Trader.
- DESCRIPTION OF THE PRODUCTS AND PRODUCT DATA SHEETS
(a) Colour reproduction of the Products on the Site is limited by the technology used to deliver web pages and by the colour representation of Customer’s own monitor and computer set-up. We have made every effort to display as accurately as possible the colours of our Products but we cannot guarantee that the colour shown on Customer’s monitor’s display will accurately reflect the colour of the Product on delivery. We recommend that Customer first purchases the smallest Product available or access an industry standard colour chart in person (and not digitally) to ensure that the colour is acceptable for its purposes.
(b) Customer agrees that before placing an Order, Customer has read and understood the most up to date Product Data Sheet for the Product. Where we have access to the Product Data Sheet from the manufacturer, we will either provide a copy on request, or include a link to the Product Data Sheet available on the manufacturer’s website.
(c) All Products are subject to availability. We will notify Customer if all or part of an Order is out of stock, and Customer can either cancel the Products that are out of stock and we shall refund Customer accordingly, or Customer can select alternative Products, subject to any appropriate adjustment to the Fee.
(d) We ALWAYS recommend a trial area is coated to ensure the Product meets Customer’s requirements before use of all of the Product ordered.
- DELIVERY AND COLLECTION
(a) Delivery or collection dates and timescales (if any) set out in a Order or otherwise requested by Customer or given by Rawlins Paints are given or accepted by Rawlins Paints in good faith but are not guaranteed. However, Customer shall promptly notify Rawlins Paints if it has not received or collected all of the Products that are subject to the Order by the stated delivery date. If Customer is a Consumer, we shall deliver the Products or make the Produce available for collection within 30 days of the Contract.
(b) Delivery shall be made to the delivery address set out in the Order, and collection shall be made at Rawlins Paint’s warehouse at Northspeed House, Moorview, Holbeck, Leeds, West Yorkshire LS11 9NF. A valid signature may be required on delivery or collection.
(c) Customer shall take delivery of the Products and delivery shall be effective when the Products are unloaded at the delivery address. If we are unable to make a delivery as a result of Customer’s act or omission, we reserve the right to cancel the Order, refund the Price paid, less a reasonable amount for additional delivery costs and all storage costs and any other costs incurred by Rawlins Paints as a result of Customer's failure to take delivery of the Products.
(d) If Customer has notified Rawlins paints that it intends to collect the Products, Customer shall collect the Products within 5 days of a notice to do so. If the Customer does not collect the Products within such 5 day period, we reserve the right to cancel the Order, refund the Price paid, less a reasonable amount for all storage costs and any other costs incurred by Rawlins Paints as a result of Customer's failure to collect the Products.
(e) Rawlins Paints may deliver the Products or make the Products available for collection by instalments.
(a) Prices are exclusive of VAT.
(b) For telephone, email and fax Orders, all sums due to Rawlins Paints shall be paid to the account stated on the Order or by PayPal.
(c) For online Orders, we accept payment by most major credit and debit cards and by PayPal.
(d) The full amount of the Price and all delivery costs for an Order is due in advance of delivery or collection as the case may be unless otherwise agreed by Rawlins Paints.
(e) If Customer fails to pay any sum by the due date, in addition to the rights and remedies set out in these Conditions, Rawlins Paints shall be entitled to (i) suspend delivery or collection as the case may be of the Products until payment is made; (ii) claim costs and interest under the Late Payment of Commercial Debts (Interest) Act 1998; (iii) terminate the Contract.
(a) If the Customer is a Trader, the Customer agrees that once the Contract has come into existence it may not be cancelled by the Customer. If, notwithstanding the provisions of this Condition 7(a), Rawlins Paints agrees as a gesture of goodwill or otherwise to a cancellation of a Contract by a Trader, the Trader must (i) not have opened the Products; (ii) obtain written approval of Rawlins Paints; and (iii) within 14 days of date of delivery or collection as the case may be, return the Products to Rawlins Paints in the original packaging and at the Trader’s own cost and risk. If Rawlins Paints determines at its sole discretion that the Products are fit for re-sale as new, Rawlins Paints shall refund the Fee paid for the returned Products less a 20% re-stocking fee. No delivery costs or costs of collection shall be refunded.
(b) Subject to Condition 7(c) below, if the Customer is a Consumer, the Customer shall be entitled to cancel a Contract up to 14 days of the date the Products are delivered or collection as the case may be. If a Consumer wishes to exercise its rights under this Condition 7(b), it shall contact Rawlins Paints in writing and take reasonable care of the Products while they are in its possession. Within 14 days of the notice to cancel, the Consumer must send the Products back to Rawlins Paints at the Consumer’s own cost and risk and subject to the requirements of the delivery company it engages to return the Products. Rawlins Paints shall refund any sums paid for the Products returned and, if the Consumer returns the whole (not part) of the Order, Rawlins Paints will refund the delivery costs paid up to the price of standard delivery. Rawlins Paints shall be entitled to deduct from the amount to be refunded the direct costs of recovering the Products or to reflect the loss or damage to the Products if (i) the Consumer does not return all of the Products that have been cancelled; (ii) the Customer does not pay the costs of returning them; and/or (iii) the Products are damaged during the course of the return.
(c) A Consumer may not cancel a Contract (i) if the Products have been made to the Customer’s specifications for example following a particular colour specification; (ii) for Fire Protection Products for health protection reasons; (iii) for any other sealed Products have been opened for health protection reasons; and/or (iv) the Customer has used the Product at all. The provisions of this Condition do not affect a Consumer’s statutory rights for defective products where the provisions of Condition 8 apply.
(d) We reserve the right to cancel the Contract if (i) we have insufficient stock to deliver the Products; (ii) we do not deliver Products to Customer’s delivery address; (iii) Customer has failed to pay the Price due in full; (iv) we cannot verify that Customer or Customer’s representative is aged 18 or over; and/or (v) one or more of the Products ordered was listed at an incorrect Price due to a typographical error or an error in the pricing information received from our suppliers. If we do cancel the Contract we will notify Customer by e-mail and will refund Customer all sums paid within 30 days of the date of receipt of the Order. We will not be obliged to offer any additional compensation for disappointment suffered or for wasted expenditure or any other loss suffered or cost expended.
- DEFECTIVE OR MISSING PRODUCTS
(a) If Customer is a Consumer, Rawlins Paints warrants that the Products are of satisfactory quality and fit for purpose. If Customer is a Trader Rawlins Paints shall use reasonable endeavours to ensure that the Products are of a satisfactory quality and fit for purpose.
(b) Customer shall inspect the Products immediately on receipt. Unless Customer is a Consumer, Customer shall be deemed to have accepted the Products as being in conformity with the Contract unless written notice of rejection on the basis of non-conformity with the Contract is received in writing by Rawlins Paints within 24 hours days of the date of delivery or collection as the case may be, or (where the defect was not apparent on reasonable inspection) within 7 days after discovery of the defect. If Customer is a Consumer, Rawlins Paints requests that Customer notifies Rawlins Paints promptly in respect of any defect in a Product or missing Products.
(c) If, after a valid notice of rejection has been given to Rawlins Paints in accordance with these Conditions, the conduct of Customer is inconsistent with such rejection, including where Customer has used the Product, Customer shall be deemed to have accepted them.
(d) If it is shown to Rawlins Paints’ reasonable satisfaction that a Product is defective or missing, Rawlins Paints will either refund the purchase price or replace the Product within a reasonable time, free of charge. IF CUSTOMER IS A TRADER, SUCH REFUND OR REPLACEMENT SHALL BE RAWLINS PAINTS' SOLE LIABILITY IN RELATION TO ANY DEFECT. Replacement Products are covered by these Conditions. Products which are alleged not to comply with the Contract shall as far as possible be preserved for inspection by Rawlins Paints and where the Rawlins Paints agrees to replace the Products, the defective Product shall be made available for collection by Rawlins Paints or its nominated carrier.
(e) Rawlins Paints does not exclude any liability that cannot be excluded as between Customer, including a Consumer, and Rawlins Paints under any provision of applicable law.
Rawlins Paints shall have no liability to Customer for:
(a) any loss or damage to property or personal injury caused by the negligence of the Customer, including but not limited to failure by the Customer to use the Products in accordance with the Product Data Sheet, failure to wear appropriate protective clothing and/or failure to adequately ventilate the site being painted.
(b) any information provided in respect of the Products by Rawlins Paints that is inconsistent with the Product Data Sheet; and/or
(c) any errors in coverage rates quoted or otherwise supplied. Customer agrees that coverage depends on the condition of the substrate, surface absorption, texture and application method.
(d) any information provided in respect of products or equipment not sold to Customer by Rawlins Paints.
- FORCE MAJEURE
(a) Rawlins Paints shall not be liable for any failure to comply with the Contract related to any circumstances whatever (whether or not involving Rawlins Paints' negligence) which are beyond Rawlins Paints' reasonable control and which prevent or restrict Rawlins Paints from complying with the Contract.
(b) Rawlins Paints may where reasonable in all the circumstances (whether or not involving Rawlins Paints' negligence) without liability suspend or terminate (in whole or in part) its obligations under the Contract, if Rawlins Paints' ability to manufacture, supply, deliver or acquire materials for the production of the Products by Rawlins Paints' normal means is materially impaired.
Rawlins Paints may (without prejudice to its other rights or remedies) terminate or suspend Rawlins Paints' performance of the whole or any outstanding part of the Contract if:
(a) Customer breaches any term of any Contract with Rawlins Paints including but not limited to a failure to pay sums due by the due date;
(b) Customer becomes bankrupt or insolvent or if a receiver or encumbrancer takes possession of any material part of Customer's assets; or
(c) Rawlins Paints has reasonable grounds for suspecting that an event in Condition 11(b) will occur, or that Customer will not pay sums due by the due date.
- RISK AND TITLE
(a) Risk in the Products shall pass to Customer upon delivery or collection as the case may be as delivery/collection is determined in accordance with these Conditions.
(b) Title to the Products shall pass to Customer on receipt by Rawlins Paints of the full Price due under the Contract. Until such time as title passes, Customer shall (i) not use the Products and shall store the Products separately from all other goods and in such a way that they remain readily identifiable as Rawlins Paints’ property; and (ii) store the Products in satisfactory condition and in accordance with any instructions or requirements of the relevant Product Data Sheet. Customer grants to Rawlins Paints and its agents an irrevocable licence at any time to enter any premises where the Products are stored to recover the Products if Customer fails to make payment of the price for Products by the due date, or if Rawlins Paints has reasonable grounds for suspecting that an event in Condition 11(b) will occur
- LIMITATION OF LIABILITY
(a) Rawlins Paints shall have no liability to a Consumer in excess of a refund of the Price paid under a Contract, unless the Consumer can evidence that any other loss is reasonably foreseeable and arises as a direct result of a breach of the Contract by Rawlins Paints. Rawlins Paint shall have no liability to a Consumer for wasted expenditure, including the costs or contractors engaged to use the Products and/or any loss caused as a result of failure to handle, use or transport the Products appropriately or in accordance with the Product Data Sheet.
(b) Rawlins Paints shall have no liability to a Trader (i) in excess of a refund of the Price paid under a Contract; (ii) for any loss of goodwill, loss of profit, loss of business, loss of anticipated savings) loss of use, or wasted expenditure in connection with the Contract; and/or (iii) for any indirect or consequential loss whether or not advised of the possibility of such loss.
(c) Nothing in these Conditions excludes or limits the liability of Rawlins Paints for death or personal injury cause by Rawlins Paints’ negligence orfraudulent misrepresentation.
(a) The Contract may not be assigned by Customer without Rawlins Paints' prior written consent.
(b) Notices must be in writing to Rawlins Paints' or Customer's address on the Order and are deemed delivered on the first working day after sending by hand or on the third working day after being placed prepaid in the first class post to Customer's or Rawlins Paints' address.
(c) No failure by Rawlins Paints to enforce any provision of the Contract shall be construed as a release of its rights relating thereto or to sanction any further breach.
(d) If any provision of the Contract is found to be invalid or unenforceable it shall have effect to the maximum extent permitted by law, or, if not so permitted, shall be deemed deleted.
(e) The provisions of Conditions 9, 12, 13 and 14 shall survive any termination of the Contract.
(f) The Contract shall be governed by and construed in accordance with the laws of England and the courts of England and Wales shall have exclusive jurisdiction in relation to the Contract.