TERMS & CONDITIONS
This web site is operated by Firwood Paints Limited (referred to as "Firwood Paints/we/our/us"). As user of this web site (referred to as "you/your") you acknowledge that any use of this web site including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important hyper-linked sections e.g. Delivery and Returns Policy, and Privacy and Security Policy. Account customers are subject to Firwood Paints Limited's Standard Terms and Conditions of Sale which are accepted by all customers when opening the account and are available on request.
We recommend you read through these terms and conditions carefully before using this web site, print a copy for future reference and read our Privacy and Security Policy section regarding your personal information.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the web site (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this web site and your continued use of the web site shall signify your acceptance to be bound by the latest terms and conditions.
1.2 Our products are provided for business users only. You confirm that you have authority to bind any business on whose behalf you use this web site
1.3 Certain web site services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this web site must be accurate and complete. All Password Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
2. Order Processing
2.1 All orders that you place on this web site will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Firwood Paints Limited.
2.3 Acceptance of your order and therefore the completion of the contract between you and us takes place on the sending of a second email accepting your order and informing you of imminent despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Delivery and Returns Policy)
3.1 This web site is currently only handling orders for delivery of products to customers in mainland UK addresses. For deliveries to the Channel Islands, Isle of Wight, Isle of Man, Orkney, Shetland and Scottish Islands, Northern Ireland or the Republic of Ireland, please call customer services. Review for new site
3.2 Delivery charges and estimated timescale's are specified in the Delivery and Returns Policy section and also when you place an order. We make every effort to deliver goods within the estimated timescale's, however delays are occasionally inevitable due to unforeseen factors. Firwood Paints shall be under no liability whatsoever for any delay or failure to deliver the products within estimated timescale's.
3.3 Risk of loss of and damage to products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
3.4 Please note a signature is required for all orders placed.
4.1 We take payment from your card once we have checked your card details and stock availability. Delivery is subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where payment has been taken.
4.2 The price you pay is the price displayed on the web site at the time we receive your order. While we try and ensure that all prices on our web site are accurate, errors may occur. If we discover any error in the price of goods you have ordered we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel before acceptance of the order (second email) and you have already paid for the goods, you will receive a full refund.
4.3 Payment can be made by any method specified on the checkout page. For information about secure on-line ordering see our Privacy and Security Policy
4.4 Title to any products you order on this web site to pass to you on delivery of the products provided that we have processed and received payment in full for the products prior to delivery to you.
4.5 All product prices are subject to VAT at the applicable current rate and delivery charges (also subject to VAT at the applicable current rate) unless expressly stated otherwise.
5. Returns, Cancellations and Substitutions
5.1 For our policy on returns, cancellations and refunds or in the unlikely event that you receive faulty or damaged goods please refer to our Delivery and Returns Policy.
5.2 Sometimes product specifications may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this web site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this web site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this web site You further acknowledge that any other use of the material and content of this web site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to 7.1 above, Firwood Paints will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the web site Firwood Paints will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the web site and Firwood Paints accepted no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site or for any loss or damaged caused to you by your computer equipment caused by any such defects.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under any applicable law.
7.4 Subject to Section 7.1 above, Firwood Paints will not be liable, in contract, tort (including, without limitation, negligence), for pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 Firwood Paints' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
7.6 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 Sagepay Limited processes all debit, credit and charge card payments for customers and will retain a proportion of the transaction value where a card is used to purchase goods or services. The remaining amount will be paid to Firwood Paints Limited for the goods and services supplied. The total amount payable by all customers regardless of the means of payment will be the same.
8.3 Firwood Paints shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other web sites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked web site we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for
(i) the privacy practices of such web sites,
(ii) the content of such web sites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such web sites or resources or
(iii) the use to which others make of these web sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external web sites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Firwood Paints.
8.6 Firwood Paints reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U. K. Contracts (Rights of Third Parties) Act 1999) except:
a) Firwood Paints shall have the right to enforce any rights or benefits under these terms and conditions;
b) Firwood Paints shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.9 No delay or failure by Firwood Paints to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Firwood Paints.
8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Firwood Paints relating to the use of this web site (including the order of products) and sets forth the entire agreement and understanding between you and Firwood Paints for your use of this web site
The Firwood Paints web site is operated by
Firwood Paints Limited,Oakenbottom Road, Bolton, BL2 6DP
Registered Company Number 207861 (Incorporated in England)
VAT Number GB 145638650
We recommend you print out a copy of these terms and conditions for your future reference. If you have any questions regarding the Firwood Paints web site please see the Contact Us section for more information and full contact details.