Terms and Conditions
TERMS & CONDITIONS OF SALE – ECOMMERCE (INC REFUNDS & RETURNS POLICY & PRIVACY NOTICE)
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01952 231250.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Keim Mineral Paints a company registered in England and Wales under number 2343394 whose registered office is at Santok Building, Deer Park Way, Donnington Wood, Telford , Shropshire, TF2 7NA with email address email@example.com; telephone number 01952 231250; fax number 01952 231251 (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
15. Keim Mineral Paints Limited -Web Shop Privacy Notice
Data Controller – Keim Mineral Paints Limited of Santok Building, Deer Park Way, Donnington Wood, Telford, TF2 7NA is a “controller” of your personal information. Our telephone number is 01952 231250.
Why we process your information – We process your personal information to enable us to process your order and to deliver goods to you. We also process it, with your agreement, to send you emails about our news and products.
How we lawfully process your information – We process your personal information either with your consent or to perform a contract to provide goods and services to you.
Do you share my information? – We may share your information with our parent company Keimfarben GMBH.
How long will you store my information for? We will normally store your information for 10 years after the end of your project. In relation to any email marketing we will store your information for as long as you wish to receive that information.
What are my rights? – Under certain circumstances you have the right to access to your personal information; to request correction of any inaccurate information we hold about you; request erasure of your personal information or to restrict our processing of it. You also have a right to object to any direct marketing.
Consent – Where you give us consent to process your personal information you have the right to withdraw your consent at any time.
Do I have to provide my information to you? – You do not have to but if you fail to provide information to use we may be unable to provide goods and services to you.
Complaints – If you are concerned about our use of your information, please let us know, however, you do have the right to complain to the Information Commissioner. They can be contacted at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. www.ico.org.uk
BASIS OF SALE
16. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
17. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
18. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Acknowledgment). You must ensure that the Order Acknowledgment is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Acknowledgment). You will receive the Order Acknowledgment within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
19. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
20. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
21. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. For business customers, our standard terms and conditions of sales apply and will be confirmed with the Order Acknowledgment – for an advance copy please contact firstname.lastname@example.org.
PRICE AND PAYMENT
22. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
23. Error and Omissions Excepted; in addition, if required, we reserve the right to change our prices without notice.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. Website orders can only be placed for delivery to addresses in England and Wales, Scotland, Northern Ireland (not including the Channel Islands or Isle of Man).
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
RISK AND TITLE
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
RETURNS, CANCELLATIONS AND REFUNDS
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications (including non-standard and bespoke colour references);
b. goods which are liable to deteriorate or expire rapidly.
39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
RIGHT TO CANCEL
40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
41. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You must be able to show clear evidence of when the cancellation was made.
43. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION IN THE CANCELLATION PERIOD
44. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
DEDUCTION FOR GOODS SUPPLIED
45. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
TIMING OF REIMBURSEMENT
46. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
47. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
48. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
49. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Santok Building, Deer Park Way, Donnington Wood, Telford , Shropshire, TF2 7NA without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods. If you would like us to arrange a collection of the goods then we will charge a reasonable fee for this service. No materials will be refunded unless they are received back in a good and saleable condition.
50. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
CONFORMITY AND GUARANTEE
51. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
52. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
53. It is not a failure to conform if the failure has its origin in your materials.
54. We will provide the following after-sales service: The supplier will provide on going advice in relation to substrate preparation and product application as required.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
55. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
56. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
57. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
58. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
59. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us as soon as possible to find a solution. We will aim to resolve queries within 5 working days.