Terms and Conditions

General Terms and Conditions

These terms apply to products ordered via www.homecolours.com.

1.

Seller

1.1.

The Seller is Home Colours Limited, Unit 12, Lea Hall Enterprise Park, Wheelhouse Road, Rugeley, Staffordshire WS15 1LH, Registered in England and Wales at Companies House No. 07929233, VAT registration number GB 130 2928 42. The term ‘we’, ‘us’ or ‘our’ refers to the Seller.

1.2.

The term 'you' refers to the purchasers of products from our website.

1.3.

Home Colours Limited is trading as www.homecolours.com.

2.

Definitions

2.1.

“Conditions” means these terms and conditions and the Special Conditions.

2.2.

“Product” means a product displayed for sale on the Website.

2.3.

“Description” means the part of the Website where certain terms and conditions in respect of individual Products are provided.

2.4.

“Special Conditions” means the terms and conditions in the Product Description.

2.5.

“Users” means the users of the website collectively.

2.6.

“Website” means the website located at www.homecolours.com or any subsequent URL which may replace it.

2.7.

“Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer.

2.8.

“United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands.

2.9.

“You” means a user of this Website.

3.

Order process

3.1.

Our display of products on our website is an invitation and not an offer to sell those products to you. An offer is made when you place the order for your products. We will not have made a contract with you unless and until we accept your offer (see point 3.4 below).

3.2.

We take payment from your card, when we process your order and have checked your card details. Products are subject to availability. If we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the products.

3.3.

If you enter a correct email address we will send you an order acknowledgement email and order update email(s). These are not order confirmation or order acceptance from us.

3.4.

Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the products you have ordered are dispatched from our warehouse to be delivered to the address you have given us. Creation of a contract does not take place until that stage, even though we may have debited your card (see 3.2 above) or we have sent acknowledging emails (see 3.3 above). Very occasionally an error may occur resulting in the products described on our website not being the products actually available for sale. If this occurs your order will not be or have been accepted. We may ask you whether you wish to purchase other products we may have available or the products which may have been dispatched to you in error. If so your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect products dispatched can be returned to the address highlighted on the Delivery and Returns page of this website for full refund.

3.5.

The contract will be formed at the place of dispatch of the products.

3.6.

All orders that you place on this website will be subject to acceptance in accordance with clause 3.4 of these terms and conditions.

3.7.

We do not file details of your order for you to access. Please print out these terms and conditions and the order acknowledgement for your own record.

4.

Payment

4.1.

Payment may be made by any single one of the methods indicated on our website. We are unable to process orders with more than one method of payment.

4.2.

A delivery charge will be applied at checkout, please view our delivery charges.

4.3.

We do our best to make sure that prices are correctly shown but very occasionally an error may occur. We will not accept an order if there is a pricing error.

5.

Delivery

5.1.

We deliver internationally. 

5.2.

Orders generally require a signature to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that delivery has been received by you or the person, to whom the order is addressed. If no one is available to accept the delivery you will receive a card to advise that a delivery has been attempted.

5.3.

It is your responsibility to ensure the delivery address is ready and able to accept delivery of the product, in particular that there is space for any delivery vehicle to make the delivery.

5.4.

We shall have no liability to you in respect of any delay or failure to deliver a product due to circumstances beyond our reasonable control, including (without limitation) delay or failure caused by adverse weather, strikes or transport problems.

6.

Cancellation

6.1.

If you are a consumer and if, for any reason, you wish to do so you have the right to cancel any order you have placed. Where the products have been delivered to you, you may cancel them up to 7 working days, starting from the day after the products were received, in line with the Consumer Protection (Distance Selling) Regulations 2000.

If you are not a consumer your order may only be cancelled with the express prior consent of the Seller. Please contact the Customer Team in this instance.

6.2.

The following procedures will apply to cancel an item. Please note that an item is not deemed to have been cancelled unless the following procedure is followed and unless we receive the product at our depot within seven working days after the day of the date that the item was delivered to you.

6.3

You can email our Customer Services Team at info@homecolours.com. If you have contacted us to cancel before delivery of your products, though your order will have been cancelled, normally delivery cannot be interrupted (except possibly if cancellation takes place within 30 minutes of order). Please refuse any delivery of cancelled products or return them to us.

6.4.

Once you have contacted our Customer Services Team to confirm that you wish to cancel the product, please pack the relevant item securely and ensure that we receive it within seven working days after the day of the date that the item was delivered to you.

6.5.

Returned goods must be returned in the same condition as they were received in, in the same packaging (including the original outer packaging) and with all product tags intact. We reserve the right to refuse an exchange or refund if the goods are returned in an un-saleable condition, if they are damaged, if the product tags are not intact or the products are not returned in the original packaging.

6.6.

For your protection, we recommend that you use a recorded delivery service. Please note that you will be responsible for the cost of returning the goods to us unless we delivered the item to you in error or the item is faulty.

Your refund will be credited to the original payment card upon receipt of the returned goods at our depot within seven working days after the day of the date that the item was delivered to you, in accordance with section 6.2 above. For details of the depot address please see or Delivery and Returns page.

6.7.

If the products are damaged or defective we will refund you in full together with the reasonable cost of postage to return the item if returned in accordance with section 5 and section 6.2 above. Please retain proof of cost of postage and either email to info@homecolours.com or post it to our customer service team at the address provided on the Delivery and Returns page.

6.8.

If you are cancelling your order in accordance with 6.1 above the products must be returned at your own expense and must be adequately insured for the return to the Seller. You will receive a refund of all monies paid for the products except for the return postal charges. If you fail to return the products following cancellation we will be entitled to deduct from any refund the cost of recovering the goods from you.

6.9.

Products to be returned must clearly show the order number on the package.

6.10.

Where returned products are found to be damaged due to your own fault you will be liable for the cost of remedying such damage.

7.

Clearance section (when appropriate)

7.1.

The reductions shown are reductions from the original price charged on the website. Occasionally these prices may have applied more than six months ago.

8.

Website

8.1.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

8.2.

This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, personal information may be stored by us for use by Home Colours Limited.

9.3.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

8.4.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

9.

Access

9.1.

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

10.

Registration

You warrant that:

10.1.

The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and

10.2.

You will notify us immediately of any changes to the Personal Information by contacting on info@homecolours.com or telephoning us on 0808 100 2220.

10.3.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

11.

Indemnity

11.1.

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

12.

Our rights

We reserve the right to:

12.1.

Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

12.2.

Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

13.

Recommendations

13.1.

When you use our website, you'll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you're browsing the site.

13.2.

These are based on your past purchases, top sellers, ratings and recently-viewed products. We determine your interests and suggest new products you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant products.

13.3.

Your recommendations may change when you make a purchase and move around the site. You might like to add products that interest you to your wish list for future reference.

13.4

We take reasonable care to ensure our recommendations are in line with your behaviour as a customer on homecolours.com. Details of the products we recommend - such as price - are correct at the time recommendations are originally made to you, but can be subject to change without notice.

14.

Privacy policy

14.1.

This Privacy Policy explains how We collect, store and use your personal data when you browse and use the Website and when you provide us with your personal data. Please read this Privacy Policy carefully.

14.2.

By accessing, browsing or otherwise using the Website you confirm that you have read, understood and agree to this Privacy Policy. If you do not agree with any part of this Privacy Policy, you must not use the Website.

14.3.

We respect your right to privacy and are committed to maintaining it. We only collect, store and process your personal data in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2011.

14.4.

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

14.5.

When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.

14.6.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service, or be used to present you with other products which are relevant to your browsing history when you visit other websites.

14.7.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:

14.7.1.

Processing your orders;

14.7.2.

For statistical or survey purposes to improve this Website and its services to you;

14.7.3.

To serve website content and advertisements to you;

14.7.4.

To administer this website;

14.7.5.

If you consent, to notify you of products or special offers that may be of interest to you.

14.8.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

14.9.

When you create a shopping account while ordering online you will be given the option to receive information from Us by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing us at info@homecolours.com or telephoning us on 0808 100 2220.

14.10.

Your Personal Information may be disclosed to reputable third parties who will help process your order. Homecolours.com requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside of us for mailing or marketing purposes.

14.11.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

14.12.

When entering any of our contests or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.

14.13.

Cookies are small encrypted text files that are stored on your computer or other device by this Website. We may use cookies to collect information about you. We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use this Website for shopping purposes, only for browsing and research.

14.14.

If you'd like to opt out of cookies, please go to the Network Advertising Initiative website (opens in a new window – please note that we're not responsible for the content of external websites).

14.15

Please check back frequently to see any updates or changes to our privacy policy.

Questions regarding this Policy should be directed as follows: info@homecolours.com.

15.

General

15.1.

All measurements are approximate.

15.2.

The reproduction of colours is as accurate as the photographic and production process will reasonably allow.

15.3.

All risk in the products we supply to you, in particular the risk of any loss or damage, shall pass to you on delivery of the products to the address you specify in your order. Ownership of the products shall not pass to you until we have received payment in full in respect of such products.

15.4.

We shall not be liable for any indirect losses you may suffer, including any loss of profit, income or anticipated savings as a result of our failure to comply with these terms or our negligence. Save that our liability in respect of any death or personal injury caused by our negligence shall not in any way be restricted.

15.5.

These terms constitute the entire terms on which we will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.

15.6.

We may amend these terms from time to time at our discretion without notice to you. Any amends will be posted on this website and will supersede any terms and conditions previously published by us.

15.7.

No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under these terms shall operate as a waiver of those rights.

15.8.

If any one or more of the provisions of these terms should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible approximate the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these terms and deleted.

15.9.

You may not assign or sub-contract any of your rights or obligations under these terms to any person without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.10.

All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law and the English courts shall have exclusive jurisdiction in all such matters.

THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS