1. TERMS OF WEBSITE
This section (together with the documents referred to on it) tells you the terms and conditions on and subject to which you may make use of Crown Paints Limited’s (“Crown Paints” or “our”) website at www.macphersontrade.co.uk (the “Website”), whether as a guest or a registered user (“Terms”). The Terms apply to the supply to you of any of the goods provided through the Website (“Goods”). Please read the Terms carefully before you start to use the Website, especially before you order any Goods from the Website.
By using the Website, you indicate that you accept the Terms, regardless of whether or not you choose to register with us and that you agree to abide by them. If you refuse to accept these Terms, you will not be able to purchase the Goods from the Website.
2. INFORMATION ABOUT US
The Website is operated by Crown Paints Limited. Crown Paints Limited is a company incorporated in England under number 06624576. The registered office of Crown Paints is at Crown House, Hollins Road, Darwen, Lancashire BB3 0BG.
All orders are treated as placed and received in the United Kingdom. We do not accept orders from outside the United Kingdom and Northern Ireland.
4. YOUR STATUS
By placing an order for the provision of any of the Goods through the Website, you warrant that:
4.1 you are legally capable of entering into binding contracts;
4.2 you are resident in, and accessing the Website from, the United Kingdom or Northern Ireland; and
4.3 you are at least 18 years old.
5.1 Your order constitutes an offer to us to purchase the relevant Goods. After placing and paying for your order, you will receive an email from PayPal, confirming that you have paid. The contract between us will be formed when you have successfully paid for the relevant Goods (“Contract”).
5.2 The Contract will only relate to those Goods for which you have paid. We will not be obliged to supply any other Goods until you have paid for such Goods.
6.1 You are permitted to print and download extracts from the Website solely for your own use (ie you cannot allow other people to use the relevant extracts or use them yourself in order to gain a commercial benefit) on the following basis:
6.1.1 no documents or related graphics on the Website are modified in any way;
6.1.2 no graphics on the Website are used separately from the corresponding text; and
6.1.3 Crown Paints’ copyright and trade mark notices and this permission notice appear in all copies.
6.2 For the avoidance of doubt, you are not permitted to download any of Crown Paints’ logos and trade marks.
6.3 Unless otherwise stated, the copyright and any and/or all other intellectual property rights in and to any and/or all material on the Website (including, without limitation, photographs and graphical images) are owned by either Crown Paints or its licensors. For the purposes of the Terms, any use of extracts from the Website, other than in accordance with condition 6.1, for any purpose, is prohibited. For the avoidance of doubt, you are not permitted to use any and/or all of the materials on the Website for commercial purposes without our prior written consent. If you breach any of the Terms, your permission to use the Website will automatically terminate and you must, at our option, either immediately return to us or destroy any and/or all downloaded or printed extracts from the Website.
6.4 Subject to condition 6.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Crown Paints’ prior written permission.
6.5 Any rights not expressly granted in these Terms are reserved.
7.1 The prices quoted on the Website are inclusive of VAT at the standard rate and inclusive of delivery charges.
7.2 The availability and specification of the Goods are subject to change without notice, although we will try and give you notice wherever possible.
7.3 All descriptions, drawings and specifications on the Website are published for illustration purposes only and are not binding on us.
7.4 The price of any Goods will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which you have already paid.
7.5 The Website contains details of a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedure so that, where any item’s correct price is less than our stated price, we will charge the lower amount when dispatching the relevant Goods to you. If an item’s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods or reject your order and notify you of such rejection.
7.6 We are under no obligation to provide the Goods to you at an incorrect (lower) price, if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing.
8.1 You may only pay for the relevant Goods by using PayPal. Unless you already have an account with PayPal, you must register with PayPal and accept its terms and conditions in order to be able to pay for the Goods. Please click on the “PayPal” link to register with PayPal and/or pay for the relevant Goods.
8.2 Crown Paints is not responsible in any way for any loss that you may suffer as a result of using PayPal.
Your order will be fulfilled usually within 3-5 working days of the date you make a cleared payment for the relevant Goods, but no later than within 30 days of such date.
10. RISK AND TITLE
10.1 Ownership of the Goods shall not pass to you until we have received in full all monies owed by you to us under this Contract and any other contract with us.
10.2 All risk of loss of or damage to the Goods shall pass to you upon delivery.
11.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days and would need to seek a refund through PayPal. Crown Paints is not responsible for making any refund to you.
11.2 Subject to condition 11.1, either party may cancel a Contract at any time by giving the other party at least 28 working days’ notice.
11.3 To cancel a Contract, you must inform us in writing in accordance with Condition 19 (Notices). You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
11.4 Upon cancellation of a Contract, all rights and obligations of the parties shall cease to have effect immediately, except that cancellation shall not affect accrued rights and obligations of the parties as at the date of termination or any express obligations in this Terms of a continuing nature.
12. REFUND POLICY
12.1 If you have cancelled the Contract between us in accordance with condition 11.1 above, PayPal will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. PayPal will refund you the price of the Goods in full. However, you will be responsible for the cost of returning the relevant Goods to us.
12.2 If you wish to return the Goods for any other reason, you may do this within 28 days of delivery by posting the Goods back to us.
12.3 In each case, the Goods must be returned with proof of purchase, in the same condition in which you received them, in the original packaging and at your own cost and risk.
12.4 The provisions of conditions 11 and 12 are in addition to your statutory rights, which remain unaffected.
13.1 We warrant to you that any Goods purchased from us through the Website are of satisfactory quality and reasonably fit for all the purposes for which goods of such kind are commonly supplied.
13.2 If you are contracting as a consumer, our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. If we consider it appropriate, we may issue you with a voucher which, when redeemed, will entitle you to purchase certain Crown Paints products.
13.3 If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the Goods you purchased.
13.4 This does not include or limit in any way our liability:
13.4.1 for death or personal injury caused by our negligence;
13.4.2 under section 2(3) of the Consumer Protection Act 1987;
13.4.3 for fraud or fraudulent misrepresentation; or
13.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
13.5.1 loss of income or revenue;
13.5.2 loss of business;
13.5.3 loss of profits or contracts;
13.5.4 loss of anticipated savings;
13.5.5 loss of data; or
13.5.6 waste of management or office time,
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
14. SERVICE ACCESS
14.1 While Crown Paints endeavours to ensure that the Website is normally available 24 hours a day, Crown Paints shall not be liable if, for any reason, the Website is unavailable at any time or for any period.
14.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Crown Paints’ control. We reserve the right to withdraw or amend, without notice, any of the Goods we provide on or through the Website.
14.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if, in our opinion, you have failed to comply with any of the provisions of the Terms.
14.4 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and that they comply with them.
15. VISITOR MATERIAL AND CONDUCT
15.2 You are prohibited from posting or transmitting to, through and/or from the Website any material:
15.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
15.2.2 for which you have not obtained all necessary licences and/or approvals; or
15.2.3 which constitutes and/or encourages conduct that would be considered a criminal offence, gives rise to civil liability or would otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
15.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
15.3 You may not misuse the Website (including, without limitation, by hacking).
15.4 We will not be liable for any loss or damage caused by viruses or any and/or all other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on, or on any website linked to, it.
15.5 Crown Paints shall fully co-operate with any law enforcement authorities or court order requesting and/or directing Crown Paints to disclose the identity of, or locate, anyone posting any material in breach of either condition 15.2 and/or condition 15.3.
15.6 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
15.6.1 any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
15.6.2 any claim by any third party that the use of the Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature;
15.6.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you; and/or
15.6.4 your use of the Website, where such use is not in accordance with these Terms.
16. THIRD PARTIES
We may also provide links on the Website to the websites of other individuals and companies, whether affiliated with us or not. We cannot give any undertaking that any goods and/or services you purchase from individuals and/or companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any warranties, statements and representations in this regard are disclaimed by us absolutely to the fullest extent permissible by law. This disclaimer does not affect your statutory rights against the third party in question. We will notify you when a third party is involved in a transaction and we may disclose your customer information related to that transaction to the third party.
17. FRAUDULENT MISSTATEMENTS
We may terminate the Contract at any time and/or claim damages for breach of contract if we suspect that you have made a fraudulent misstatement to us, whether orally or in writing, prior to or after entering into the Contract.
18. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.
All notices given by you to us must be given to Crown Paints Limited at the postal address given in condition 1 or to the email address firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in condition 18 above. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
20.2 You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
21. FORCE MAJEURE
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
21.2.1 strikes, lock-outs or other industrial action;
21.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
21.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
21.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
21.2.5 impossibility of the use of public or private telecommunications networks; and
21.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
21.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22. THIRD PARTIES
A person who is not a party to a Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract and/or these Terms. This condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
23.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of the Terms, or if we fail to exercise any of the rights and/or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights and/or remedies and shall not relieve you from compliance with such obligations.
23.2 A waiver by us of any default by you shall not constitute a waiver of any subsequent default by you.
23.3 No waiver by us of any of the Terms and/or Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 19 above.
If any conditions of the Terms and/or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such condition or provision will, to that extent, be severed from the remaining Terms and/or Contract, as applicable, which will continue to be valid to the fullest extent permitted by law.
25. ENTIRE AGREEMENT
Save as expressly provided in the Terms:
25.1 the Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing;
25.2 we each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and/or to be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in the Terms; and
25.3 neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms.
26. OUR RIGHT TO VARY THESE TERMS
26.1 We have the right to revise and amend the Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
26.2 You will be subject to the policies and Terms in force at the time that you order the Goods from us, unless any change to those policies or the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
27.1 We take care to ensure that the information on the Website is accurate and complete. However, we do not warrant that this is the case nor that your use of the Website will not result in any damage or virus. You should verify the accuracy of any information before relying on it. Subject to condition 13 above, we do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on and/or through the Website and/or for any and/or all damage or viruses caused by your use of the Website.
27.2 We are not responsible for any and/or all of the content of any third party websites which are linked to the Website.
28. LAW AND JURISDICTION
Contracts for the purchase of the Goods through the Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.