Terms & Conditions
Issue Date: 31st January 2020
Issue Version: 1.2
Changes from Previous Version:
- Alteration of syntax used in cause 1.1
1.1 These terms and conditions apply to any contract between us and you for the sale of paint and associated goods (“Goods”) to you via our website (“Terms”). Please read these Terms carefully and make sure that you understand them before you use our website where you can purchase Goods from us. We recommend that you print a copy of these Terms for your records. By registering to use our website to make online purchases of Goods for sale on our website you accept these Terms (including on behalf of any business you represent, if relevant) and you and your business (if relevant) agree to abide by them. If you do not agree, please do not place an order for Goods listed for sale on the website.
2 The contract between us
2.1 We are Whitson’s Ltd (“we”, “our”, “us”), a company registered in Scotland under company number SC515150 and with our registered office at Unit 7, 14 Dunkeld Road, Perth, PH1 5RW.
2.2 “You” are the individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession.
2.3 We operate the website https://www.caitwhitson.com (the “website”).
2.4 Our VAT number is GB 226 6165 11.
2.6 These Terms are only available in English. No other language will apply to these Terms.
2.7 You place an order on the website by selecting ‘confirm’ at the end of the online checkout process. Your order constitutes an offer to purchase the relevant Goods. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide or should you place an order over the telephone, we will send to you a copy of your order to your email address or residential address (“Confirmation”). Our acceptance of your order brings into existence a legally binding contract between us (“Contract”).
3.1 The prices payable for Goods that you order are as set out in our website and confirmed in the Confirmation to you from us and are inclusive of VAT. Delivery costs shall be as set out on the website and as confirmed in the Confirmation. Please visit our “delivery” page to clarify the areas we serve on our standard service.
3.2 Delivery shall only be made within the UK mainland. Delivery may be made to other parts of the UK however please contact us directly on 01738 587600 to discuss any delivery costs associated with such locations.
3.3 If your shipping zone in not available on our website, please contact us on 01738 587600 for specific delivery charges, Please note that these will be calculated on weight, destination and mode of transport.
4 Right for you to cancel your Contract
4.1 You may cancel your Contract with us for the Goods you order at any time up to the end of the fourteenth day from the date you receive the ordered Goods. You do not need to give us any reason for cancelling your Contract nor will you have to pay any penalty.
4.2 To cancel your Contract in accordance with clause 4.1 you must notify us in writing.
4.3 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. If you cancel your Contract but we have already processed the Goods for delivery you must 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.
4.4 Once you have notified us that you are cancelling your Contract in accordance with this clause 4, any sum debited to us from your credit card (other than delivery charges which will not be reimbursed) will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be credited to you.
5 Cancellation by us
5.1 We reserve the right to cancel the Contract between us if:
5.1.1 we have insufficient stock to deliver the Goods you have ordered;
5.1.2 we do not deliver to your area; or
5.1.3 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.
5.2 If we cancel your Contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6 Delivery of goods to you
6.1 We will deliver the Goods ordered by you to the address you give us for delivery at the time you make your order.
6.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of our acceptance of your order. The estimated date and time window for delivery of the Goods is as set out in the Confirmation.
6.3 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.
7.1 If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the Goods in question.
7.2 If you do not receive the Goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the Goods.
7.3 If you notify a problem to us under clauses 7.1 or 7.2 above, our only obligation will be, at your option:
7.3.1 to make good any shortage or non-delivery;
7.3.2 to replace or repair any Goods that are damaged or defective; or
7.3.3 to refund to you the amount paid by you for the Goods in question in whatever way we choose.
7.4 All Goods purchased from us will be of satisfactory quality and reasonably fit for the purposes of which such Goods are commonly supplied. Goods are sold without warranty or guarantee as to their suitability for any intended purpose. It is for you to decide as to the product suitability for any intended purpose and any information provided whether verbal or in writing is for guidance only and is given in good faith but without warranty.
7.5 Due to many contributing factors, we cannot guarantee that the colours displayed on the website will exactly match the colour of the product. There are many variables which can change the way you "see" the colours as you view our website. If you would like to see actual colours, please contact our customer service department regarding our swatch program.
7.6 Nothing in these Terms limits or excludes our liability for:
7.6.1 death or personal injury caused by our negligence;
7.6.2 fraud or fraudulent misrepresentation; or
7.6.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
7.7 Subject to clause 7.5 we will under no circumstances whatsoever be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for (including but not limited to):
7.7.1 any loss of profits, sales, business, or revenue;
7.7.2 loss or corruption of data, information or software;
7.7.3 loss of business opportunity;
7.7.4 loss of anticipated savings;
7.7.5 loss of goodwill; or
7.7.6 any indirect or consequential loss.
7.8 Our total liability to you in respect of all losses arising under or in connection with a Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Goods net of VAT and delivery charges.
7.9 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
7.10 You must observe and comply with all applicable regulations and legislation to purchase Goods from our website. 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.
8 Our right to vary these Terms
8.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you place an order for Goods from us, the Terms in force at the time of acceptance of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
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 Unit 7, 14 Dunkeld Road, Perth, PH1 5RW and all notices from us to you will be displayed on our website from to time.
10 Events beyond our control
We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident or failures to supply by our suppliers.
11 Communications between us
11.1 Any reference to “writing” in these Terms includes email.
11.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
11.3 A notice or other communication shall be deemed to have been received: if delivered personally, if to us when left at our registered office and if to you at the delivery address for the order in question; 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 or if sent by email, one business day after transmission.
11.4 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 e-mail address of the addressee.
11.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
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.
14.1 The Contract between you and us and shall also be legally binding upon our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights and obligations arising under it, without our prior written consent.
15 Governing law
15.1 The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Scotland.
15.2 The parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
16 Entire agreement