Terms and Conditions
These terms and conditions apply to products ordered via www.tst.com or over the telephone at homecolours.com.
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 Home Colours Limited is trading as www.homecolours.com.
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.
3.2 You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.
3.3 You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.
4 Order Process
4.1 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 4.4 below).
4.2 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, or if there will be a delay in us being able to despatch the products to you, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the products and we are unable to supply the products or, due to any delay in us being able to despatch the products, you no longer require them.
4.3 We may agree, at your request, to accept a special order from you for products which we do not normally advertise for sale on our website, or with a larger quantity than we would normally have available for sale. In this instance we may take payment at the point of order despite the goods not being available to despatch to you.
4.4 We will send you an order acknowledgement email and order update email(s) to the address which you have provided. These do not constitute order confirmation or order acceptance from us.
4.5 Unless we have notified you that we do not accept your order or we 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 despatched 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 4.2 above) or we have sent acknowledging emails (see 4.4 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 despatched to you in error. If so your order will be amended. Otherwise, we will treat any order as not having taken place and any incorrect products despatched can be returned to the address highlighted on the Returns page of this website for refund as appropriate.
4.6 The contract will be formed at the place of despatch of the products.
4.7 All orders that you place on this website will be subject to acceptance in accordance with clause 4.5 of these terms and conditions.
4.8 If you register as a customer, you will have online access to all your current and historic orders. If you do not register as a customer, you may wish to print out these terms and conditions and the order acknowledgement for your own record.
5.1 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.
5.2 A delivery charge will be applied at checkout, please view our delivery charges.
5.3 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.
6.1 We deliver internationally
6.2 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.
6.3 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.
6.4 If you specifically give instructions to the Customer Team or to our couriers to leave the parcel in a safe place without a signature we will have no liability in respect of parcels which go missing.
6.5 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.
6.6 Please see our Delivery information page and International Delivery information page for details of delivery charges
6.7 For International shipments we shall have no liability to you for import duty, taxes and customs fees - where applicable these are payable by the recipient. Additional taxes, fees or levies may apply according to local legislation and customers are advised to check these details before placing an order for international delivery.
Where applicable it is the recipient's responsibility to comply with any export controls or sanctions rules applicable to goods supplied.
If the recipient refuses to accept a delivery or to pay the import duties or taxes or associated costs then we reserve the right to determine whether the goods are returned to our warehouse or destroyed. Goods will only be shipped back to our warehouse where it is economically viable to do so. In this instance any costs of reshipping the goods will be deducted from any refund due to the customer once the goods arrive back into our warehouse. If it is not economically viable to ship the goods back to our warehouse then no refund will be due to the customer.
7.1 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 fourteen days starting from the day after the products were received, in line with the Consumer Contracts Regulations 2013. If you are not a consumer or if your order is a special order in accordance with clause 4.3 above, your order may only be cancelled with the express prior consent of the Seller. Please contact the Customer Team in this instance.
7.2 The following procedures will apply to cancel an item in accordance with clause 7.1. 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 fourteen days after the day of the date that the item was delivered to you:.
7.2.1 Please email our Customer Services Team at firstname.lastname@example.org indicating the reasons for your return. 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 before dispatch of the products). Please refuse any delivery of cancelled products or return them to us;
7.2.2 Once you have contacted our Customer Services Team they will issue you with a completed returns form. Please pack the relevant products securely and enclose the completed returns form with the products;
7.2.3 You must ensure that we receive the products within fourteen working days after the day of the date that the item was delivered to you;
7.2.4 Returned products must be returned in the same condition as they were received in, in the same packaging, with any inner packaging intact and undamaged and with all product tags intact. We reserve the right to refuse an exchange or refund or to deduct a handling charge if the products are returned in an un-saleable condition, if they are damaged, if the product tags or labels are not intact or the internal packaging is not intact or is damaged or if products are not returned in the original packaging . In particular we will only refund or exchange bedding such as pillowcases, sheets and duvet covers if the internal packaging has not been opened, for hygiene reasons, and soft furnishing items must not be folded or compacted otherwise than how they were received. We recommend returning products in the original outer packaging in which they were received and also that an insured service is used to ensure safe arrival of the return.
7.3If the products are missing, damaged, defective or incorrectly supplied then you must note details of any damage or error in supply and within 48 hours of delivery of the products you must notify the Customer Services Team at email@example.com giving full details. Photographic evidence of faulty products and damages will be required in all cases. Once we have agreed the damages we will issue you with a completed returns form in accordance with 7.2.2 above. We will refund you in full within 14 working days of receipt of the returned products at our depot. We will refund you all monies you have paid for the products including any delivery charges and the reasonable cost of postage to return the item if returned in accordance with section 6 and section 7.2 above. Please retain proof of cost of postage and either email to firstname.lastname@example.org or post it to our Customer Services Team at the address provided on the Contact Us and Returns page.
7.4 If you are cancelling your order in accordance with 7.1 above the products must be returned at your own expense in accordance with 7.2 above:
7.4.1 For your protection, we recommend that you use a recorded delivery service and to adequately insure the products during transit, we will not be responsible for any loss or damage caused to products during transit when being returned to us. If returned products are lost or damaged in transit we reserve the right to charge you for (or not to refund any amount attributable to) such loss or damage;
7.4.2 Please note that you will be responsible for the cost of returning the products to us unless we delivered the item to you in error or the item is faulty. We will refund you all monies paid for the products except the shipping costs to you and the return postage charges and any import duty if incurred. Your refund will be credited to the original payment card within 14 working days of receipt of the returned products at our depot in accordance with section 7.2 above. For details of the depot address please see our Contact Us and Returns page;
7.4.4 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.
7.5 Products to be returned must clearly show the order number on the package, this will be recorded on the completed returns form which must be returned with the products.
7.6 Please note that in a situation whereby your order is over £50 and therefore eligible for free shipping, but cancellation of an item (unless it was defective or damaged) means the order falls below a value of £50, we will be entitled to deduct from any refund the cost of shipping the original order to you.
8 Electrical Items
8.1 We do not provide extended warranties for electrical items, the customer must rely on the manufacturer or original supplier warranty.
9 Clearance Section (when appropriate)
9.1 The reductions shown are reductions from the original price charged on the website. Occasionally these prices may have applied more than six months ago.
10.1 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.
10.3 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
10.4 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).
11.1 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
12.1 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
12.2 You will notify us immediately of any changes to the Personal Information by contacting on email@example.com or telephoning us on 0808 100 2220.
12.3 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.
13.1 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.
14 Our Rights
We reserve the right to:
14.1 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
14.2 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.
15.1 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.
15.2 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.
15.3 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.
15.4 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.
16.3 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.
16.4 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.
16.5 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.
16.6 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.
16.7 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:
16.7.1 Processing your orders;
16.7.2 For statistical or survey purposes to improve this Website and its services to you;
16.7.3 To serve website content and advertisements to you;
16.7.4 To administer this website;
16.7.5 If you consent, to notify you of products or special offers that may be of interest to you.
16.8 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.
16.9 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 firstname.lastname@example.org or telephoning us on 0808 100 2220..
16.10 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.
16.11 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.
16.12 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.
16.14 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).
16.15 We do not store or share financial information with third parties.
17.1 All measurements shown on the website are approximate.
17.2 The reproduction of colours in product and lifestyle photographs shown on the website is as accurate as the photographic and production process will reasonably allow.
17.3 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.
17.4 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.
17.5 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.
17.6 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.
17.7 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.
17.8 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.
17.9 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.
17.10 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