Terms & Conditions Of Sale - Colourcraft Colours & Adhesives Ltd

* For Terms & Conditions Of Sale Export Trade – See Below

These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.

General Terms & Conditions

This site is owned and operated by Colourcraft Colours & Adhesives Ltd of Units 5 & 6 Carlisle Court, 555 Carlisle Street East, Sheffield S4 8DT. If you have any queries about these terms and conditions or if you have any comments about our website, you can contact us at:

Colourcraft Colours & Adhesives Ltd Units 5 & 6 Carlisle Court 555 Carlisle Street East Sheffield S4 8DT England UK

Tel: +44 (0) 114 242 1431

Email: info@colourcraft.uk

1. The Contract Between Us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

2. Acknowledgement Of Your Order

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

3. Ownership Of Rights

All rights, including copyright, in this website are owned by or licensed to Colourcraft Colours & Adhesives Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

4. Accuracy Of Content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

5. Damage To Your Computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

6. Availability

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock to have a refund for the item or to cancel your order.

7. Ordering Errors

You are able to correct errors on your order when you check the items in your ‘Basket’. After that, when you click through to ‘Checkout’ your order cannot be changed.

8. Price

There is no minimum order. We offer a 10% discount on orders over £350 incl VAT.

The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

9. Payment Terms

There is no minimum order. We offer a 10% discount on orders over £350 incl VAT

We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

10. Carriage Charges

Carrriage Free on Orders over £500.00 Excl. VAT

Carriage will be charged on orders according to weight and location Excl VAT as follows:

CARRIAGE AND PACKAGING CHARGES (UK MAINLAND)

Weight not over 1kg – £4.00 (£4.80 Incl VAT)
Weight not over 2kg – £4.55 (£5.46 Incl VAT)
Weight not over 5kg – £7.72 (£9.26 Incl VAT)
Weight not over 10kg – £10.34 (£12.41 Incl VAT)
Weight not over 20kg – £12.95 (£15.54 Incl VAT)
Weight not over 30kg – £17.05 (£20.46 Incl VAT)
Weight not over 40kg – £21.23 (£25.48 Incl VAT)
50kg and over – £25.37 (£30.44 Incl VAT)

CARRIAGE AND PACKAGING CHARGES (N Ireland and Highlands)

Weight not over 1kg – £4.45 (£5.34 Incl VAT)
Weight not over 2kg – £5.50 (£6.60 Incl VAT)
Weight not over 5kg – £8.20 (£9.84 Incl VAT)
Weight not over 10kg – £13.50 (£16.20 Incl VAT)
Weight not over 20kg – £16.00 (£19.20 Incl VAT)
Weight not over 30kg – £42.14 (£50.57 Incl VAT)
Weight not over 40kg – £51.64 (£61.97 Incl VAT)
50kg and over – £61.14 (£73.37 Invl VAT)

CARRIAGE AND PACKAGING CHARGES (Channel Islands, Isle of Man, Hebrides, Shetland, Orkney)

Weight not over 1kg – £4.45 (£5.34 Incl VAT)
Weight not over 2kg – £5.50 (£6.60 Incl VAT)
Weight not over 5kg – £8.20 (£9.84 Incl VAT)
Weight not over 10kg – £13.50 (£16.20 Incl VAT)
Weight not over 20kg – £16.00 (£19.20 Incl VAT)
Weight not over 30kg – £46.41 (£55.69 Incl VAT)
Weight not over 40kg – £59.31 (£71.17 Incl VAT)
50kg and over – £72.21 (£86.65 Incl VAT)
Channel Islands (Prices excl VAT)

11. Delivery

11.1 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery, but delivery times are not guaranteed. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date or offer you a full refund.

11.2 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

12. Risk & Ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.

13. Cancellation Rights

13.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations2013 SI2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of goods mentioned in 13.3 below). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

13.2 Should you wish to cancel your order, you can notify us by tel: +44 (0)114 242 1431/email: info@colourcraft.uk.

13.3 You cannot cancel your contract if the goods you have ordered are made to your specifications or are clearly personalised, if products have been used, removed from sealed containers or are not returned to us in a re-saleable condition.

13.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. (Agreement must first be obtained from Colourcraft colours & Adhesives Ltd by tel +44 (0)114 2421431 or email: info@colourcraft.uk). If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

13.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

13.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation).

14. Cancellation By Us

14.1 We reserve the right not to process your order if:

14.1.1 We have insufficient stock to deliver the goods you have ordered

14.1.2 We do not deliver to your area/or

14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

15. If There Is A Problem With The Goods

15.1 If you have any questions about the goods please contact us: Tel: +44(0)114 242 1431, email: info@colourcraft.uk

15.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

15.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) allow us to collect them from you. We will pay the cost of postage or collection.

16. Liability

16.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.

16.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do or is due to events which are beyond our reasonable control.

16.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues, or business interruption.

16.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

16.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

17. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at:

Colourcraft Colours & Adhesives Ltd Units 5 & 6 Carlisle Court 555 Carlisle Street East Sheffield S4 8DT England UK

Tel: +44 (0) 114 242 1431 Email: info@colourcraft.uk

18. Changes To Legal Notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

19. Law, Jurisdiction & Language

This website, any content contained therein, and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

20. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

21. How We May Use Your Personal Information

We will only use your personal information as set out in our data privacy notice.

22. Third Party Rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

*Terms & Conditions Of Sale – Export Trade

(The buyer’s attention is particularly drawn to Clause 11)

Definitions
Seller	Means Colourcraft Colours & Adhesives Ltd of Units 5 & 6 Carlisle Court 555 Carlisle Street East Sheffield S4 8DT England UK Tel: +44 (0) 114 242 1431 email: info@colourcraft.uk
Buyer	The person who buys or agrees to buy the goods from the Seller.
Conditions	The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods	The items which the Buyer agrees to buy from the Seller as set out in the Schedule.
Price	The price for the Goods and any carriage, packaging and insurance costs.

2. Conditions

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.

2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

3. Price

The Price shall be the price quoted on the Seller’s confirmation of order.

4. Payment & Interest

4.1 Payment of the Price shall be due prior to despatch of goods.

4.2 Interest on any overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.

4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

5. Goods

5.1 The Goods are described in the Schedule.

5.2 The Seller reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements.

6. Warranties

6.1 The Seller warrants that on the date of delivery of the Goods shall:

6.1.1 Conform with their description,

6.1.2 Be of satisfactory quality with the meaning of the Sale of Goods Act 1979; and

6.1.3 Be fit for any purpose held out by the Seller.

7. Delivery Of The Goods

7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.

7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

8. Acceptance Of Goods

8.1 The Buyer shall be deemed to have accepted the Goods 5 days after delivery to the Buyer.

8.2 The Buyer shall carry out a thorough inspection of the Goods within 5 days and give notice in writing to the seller after discovering that some or all of the goods do not comply with the Warranty above, the Buyer must return the Goods to the Seller at the Buyer’s cost and the Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.

8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

9. Title & Risk

9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.

9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

9.4 The Seller may at any time before title passes and without any liability to the Buyer:

9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

10. Carriage Of Goods

Carriage will be charged on orders according to weight/dimension of goods and location of customer.

11. Limitation Of Liability:

THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

11.1 Nothing in these Conditions shall limit or exclude the Seller’s liability for:

11.1.1 Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors.

11.1.2 Fraud or fraudulent misrepresentation

11.1.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), or

11.1.4 defective products under the Consumer Protection Act 1987.

11.1.5 Any matter in respect of which it would be unlawful for the Contractor to exclude or restrict liability.

11.2 Subject to clause 11.1

11.2.1 The Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

11.2.2 the Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed cost of replacing faulty goods.

11.3 After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

11.4 This clause 11 shall survive termination of the Contract.

12. Notices / Communications

12.1 Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, or e-mail.

12.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address stated in this Agreement or to such other address (being in Great Britain) as the addressee may from time to time have notified for the purpose of this Clause; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by ore-mail, one Business Day after transmission.

12.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13. Entire Agreement

13.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

13.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

14. Force Majeure

14.1 If either party to this Agreement is prevented or delayed in the performance of any of its respective obligations under this Agreement by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue.

14.2 For the purpose of this Agreement ‘force majeure’ shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party and inter alia including, but not limited to the following:

14.2.1 strikes, lockouts or other industrial action

14.2.2 terrorism, civil commotion, riot, invasion, war threat or preparation for war.

14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, bad weather or other natural physical disaster.

14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and

14.2.5 political interference with the normal operations.

15. Survival Of Causes Of Action

The termination of this Agreement howsoever occurring shall not affect the rights and liabilities of the parties already accrued at such time nor affect the continuance in force of such of its provisions as are expressed as or capable of having effect after such termination.

16. Severability

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this Agreement shall continue in full force and effect as if this Agreement had been executed with the illegal or unenforceable provision eliminated.

17. Waiver

A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

18. Variation

18.1 No variation of this Agreement shall be effective unless it is in writing and signed by both parties (or their authorised representatives).

18.2 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

19. Law & Jurisdiction

19.1 No variation of this Agreement shall be effective unless it is in writing and signed by both parties (or their authorised representatives).

19.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).