Terms & Conditions of Sale
You are able to purchase our paint products (“Paint”) and painting accessories from our Website. Together Paint and Accessories form our “Products”. If you would like to order any Products from our Website please read these Terms of Sale carefully to make sure that you understand them as they (together with all documents referred to below) will apply to your order and your purchase of any Products via our Website.
Please note that in order to place your order you will be asked to agree to these terms of sale. by proceeding with your order you will be deemed to have accepted these terms of sale. if you refuse to accept these terms of sale, you will not be able to order any products from our website.
You should print a copy of these Terms of Sale for future reference.
1. INFORMATION ABOUT US
1.1 Our Website is operated on behalf of Paintcloud ltd., a company registered in England and Wales under company number 14056593 with registered office 128 City Road, London EC1V 2NX, United Kingdom(“we”, “us”, “our”).
1.2 We may amend these Terms of Sale from time to time. Every time you order Products via our Website, please check this page as the Terms of Sale in force at the time of your order will apply.
2. OTHER APPLICABLE TERMS
2.1 These Terms of Sale refer to the following additional documents, which also apply to your use of our Website:
our Cookies Policy, which describes how cookies are used on our Website and your rights in connection with such cookies; and
3. ORDERING PRODUCTS
3.1 Although the content of our Website is aimed at all users, you must be at least 16 years old to purchase the Products, using the payment method displayed on our Website. By placing an order you confirm that you are at least 16 years old.
3.2 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
3.3 Subject to clause 3.5, after you place an order you will receive an email from us acknowledging your order and confirming that your order for the Products has been accepted (Order Confirmation) Please note, acceptance of your order will only take place when we send you the Order Confirmation. The contract between us for the sale of Products to you will only be formed when we send you the Order Confirmation. Please note you cannot make any changes to your order once we have sent an Order Confirmation to you.
3.4 Once your order has been processed, you will receive an email confirming that the Products have been dispatched. See clause 6 for further details on delivery (“Dispatch Confirmation”).
3.5 We always endeavour to keep our Website up to date with regard to stock availability. We will notify you if we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Website as referred to in paragraph 4.3. In these circumstances, your order will be processed without the items that are not available. Where a Product is out of stock we will notify you when it is back in stock and dispatch it to you then. Where a Product is no longer available, Foresta Paint will notify you and provide a full refund including any delivery costs charged as soon as possible.
4. PRODUCT DESCRIPTIONS AND PRICING
4.1 Although every effort has been made to display the colours for our Products accurately on our Website, we cannot guarantee that your screen’s display of the colours exactly matches the colour of the corresponding Product. The Product colours may vary slightly from the images. The packaging of the Products may also vary from that shown on images on our Website.
4.2 The prices of the Products will be as quoted on our Website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see paragraph 4.3 for what happens if we discover an error in the price of Product(s) you ordered.
4.3 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
where the Product’s correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
if the Product’s correct price is higher than the price stated on our Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If your order is cancelled in these circumstances and you have already paid for the Products, you will receive a full refund.
4.4 The price of our Products includes VAT (where applicable) at the current rate. However, if the rate of VAT changes between the date of your order and the date of delivery, the VAT you pay will be adjusted, unless you have already paid for the Products in full before the change in VAT takes effect.
4.5 The price of Products does not include delivery charges. Delivery charges are as advised to you during the check-out process, before you confirm your order.
5.1 All orders must be paid for in euro. Payment for the Products and any applicable delivery charges will be taken on receipt of your order, in advance of delivery. We accept all major debit card and credit cards.
5.2 Please ensure that all details you provide to us for the purpose of purchasing Products are correct, that the credit or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve the right to obtain validation of your credit or debit card details before providing you with our Products. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay, non-delivery or charges imposed by your card issuer.
6.1 We aim to dispatch your order within 6 working days from Order Confirmation.
6.2 If we are unable to supply you with any Product by the estimated delivery date, for example because that Product is not in stock or no longer available, or because of an error in the price on our Website, we will inform you of this by email.
6.3 Whilst we will endeavour to meet any stated dispatch and delivery dates and/or times, we cannot guarantee these and accept no responsibility for any delays in deliveries due to any act or omission of third-party delivery organisations and couriers as used by us from time to time. As such we will not be liable for any loss or damage of whatever nature suffered by you as a result of any delay or failure to deliver which is due wholly or partly to circumstances beyond our reasonable control.
6.4 All delivery charges will be clearly stated during your order process prior to confirming your purchase at checkout. Please contact us for more information on your delivery at firstname.lastname@example.org
6.5 Each delivery of Products will be accompanied by a delivery note which shows the date of your order, all relevant reference numbers, the type and quantity of the Products, and, if the order is being delivered by instalments, the outstanding balance of Products remaining to be delivered.
6.6 Delivery of an order shall be completed when the Products are delivered to the address you provided on ordering the Products or when you (or a carrier organised by you) collect them from us. The Products will be your responsibility, and at your risk, from that time.
Shipping to a different delivery address
6.7 We are happy to arrange delivery of your order to an address that is different from your credit or debit card billing address. Please ensure that you have checked your address details carefully on submitting your order as you are responsible for ensuring that you are able to take delivery of the Products.
6.8 Delivery addresses cannot be changed once the order has been dispatched and we will not be held responsible for lost deliveries which result from an incorrect delivery address, as entered by you.
6.9 If no one is available at your address to take delivery the courier will normally leave a card for you to either rearrange delivery or to collect the package from a designated depot. After a period of time your package will be returned to us, in which case please contact us at email@example.com to rearrange delivery, Alternatively we may contact you to arrange redelivery and take payment for any applicable redelivery fees before re-dispatching the Product.
6.10 If you do not arrange redelivery within 1 month of your order being returned to us we will refund the price paid for the Products, less any delivery charges incurred by us.
Problems upon delivery
6.11 If you receive any Products which are either damaged or missing or the packaging has been opened, please inform us and also register all reservations and complaints with the carrier or refuse the package if it is appears to have been opened or damaged.
6.12 If you have not been able to inform the courier or you discover the problem later please contact us at firstname.lastname@example.org Inspection on delivery
6.13 You are to check the Products upon delivery to ensure they correspond with the type and colour specified in your order. Where you feel the Products are of the incorrect colour we request you take photos of the Products, in particular Paint, and send them to us at email@example.com , along with details of your order number, prior to returning the Products to us. We will then review the photos to establish if the Product is the incorrect colour.
6.14 We can replace Products of the incorrect type or colour provided the Products originally supplied to you are returned in accordance with clause 7.
6.15 We cannot however accept returns of Products (or liability for them under these Terms of Sale) where they have been used, unless they are faulty. This restriction will apply where the Products were not the type and colour specified in your order but were used in any event.
6.16 We deliver to addresses all over the world. However, we also have distributors and stockists in many countries in Europe and in the USA and Australia. Distributors might be able to supply the specific products you want to purchase and we recommend visiting their local websites. You can find a stockist and distributor locator on our website.
7. CANCELLATION, RETURNS POLICY & PROCEDURE
Where you are purchasing Paint, please read clauses 7.1 and 7.6 carefully
7.1 You may cancel an order at any time prior to us sending our Order Confirmation by contacting us at firstname.lastname@example.org : we will confirm your cancellation in writing to you and refund any monies already paid.
7.2 You may cancel any order for Accessories any time before we despatch those Products.
7.3 Where your order is only for Accessories, we will refund amounts paid for Accessories (including delivery charges for the Accessories) if you cancel the order under clause 7.2 and you have made any payment in advance.
7.4 Where your order is for Accessories and Paint, we will refund amounts paid for Accessories if you cancel the order for Accessories under clause 7.2. However, we may not be able to provide a full refund (or any refund) of the delivery charges for the Accessories. This is because the Paint will still be delivered and incur delivery charges due to size and weight, which may not reduce even though the Accessories are no longer being delivered. We will notify you of any refund of delivery charges at the time you cancel the order for the Accessories.
7.5 If, following dispatch of your order for Accessories, you change your mind or decide for any other reason that you do not want to receive or keep Accessories you can notify us within the period set out below to cancel your order and receive a refund less delivery costs. Accessories must be returned in the same condition as when they left us, and buyers are responsible for the cost of returning the accessories. We’ll refund once we’ve received and processed the safely returned accessories.
7.6 Your cancellation rights do not apply in relation to Paint as all orders are mixed and tinted to your bespoke order. You will not be able to cancel an order for Paint once we have sent our Order Confirmation. Paint will not be exchanged or refunded. Where you cancel prior to us sending an Order Confirmation you will receive a full refund. The terms of this clause do not affect your legal rights as a consumer in relation to any Paint which is faulty or not as described.
7.7 We will endeavour to process your order for Products as soon as possible and our typical dispatch time for Products (including Paint) is between 1 to 2 working days from our Order Confirmation.
14 day returns policy
7.8 If you are returning Accessories, your deadline for cancelling an order depends on what you have ordered and how it is delivered, as set out below:
if your order is for a single Accessory (which is not delivered in instalments on separate days), the last day for cancellation (the “Cancellation Period”) is the end of 14 days after the day on which you receive the Product; or
if your order is for multiple Accessories which are delivered on separate days, the last day for cancellation (the “Cancellation Period”) is 14 days after the day on which you receive the last instalment of the Accessories or the last of the separate Accessories ordered.
7.9 To cancel an order, you just need to let us know that you have decided to cancel. This can be done by the following methods:
Email: email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address. within the applicable Cancellation Period.
7.10 Where you are returning accessories to us, please return the Product(s) (in its original condition) together with all original packaging
7.11 When you return any Product, please let us know your contact details, whether you want a refund or a replacement and the reason for returning the item.
7.12 Where the Product is faulty or not as described, we will pay the cost of returning the item. Please contact us before returning the faulty Products. We can confirm arrangements for the Products return to us and pay the costs.
7.13 Unless the Product is faulty or not as described, you will be responsible for making arrangements to return the Products to us and the cost of doing so.
7.14 We cannot be responsible for parcels that fail to reach us, so please make sure you obtain proof of postage.
Condition of returns
7.15 The Products will be your responsibility from the point of delivery. It is important that returned items are kept in the best possible condition, so please take care of them and keep all original packaging.
7.16 Please note that we cannot accept returned Products that we reasonably believe have been used unless the reason for the return is because the Product is faulty or not as described.
7.17 Where you return a Product we will examine the returned Product to determine whether a refund is available (including any original or return postage costs) and will notify you as such via e-mail within a reasonable period of time. Where you have failed to take reasonable care of the Products (including where items have been damaged in transit due to improper packing), no refund (or a reduced refund) will be available.
7.18 We will look at a range of indicators when determining whether a Product has been used, including but not limited to where there are foreign particles in the Paint, indications that the Paint has been poured out or a loss in volume in the Paint.
7.19 If you cancel your order, and a refund is due to you, we will make any refunds due to you within 30 days after the day on which we receive the Product(s) back from you.
7.20 Refunds will only be made against the original credit or debit card used by you to purchase the Product(s).
7.21 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by these Terms of Sale. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 We warrant to you that any Products are of satisfactory quality and fit for the purpose they are commonly supplied for.
8.2 The warranty in clause 8.1 does not apply to any defect in the Products arising from:
fair wear and tear;
willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
if you fail to use the Products in accordance with the user instructions; in respect of Paint it is used within 12 months from delivery, with the exception of the Venice paint range which is to be used within 3 months from delivery;
in relation to Paint, it is not stored in an environment which is likely to lead the paint to separate; or
any specification provided by you.
8.3 This warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office as outlined at clause 7.21.
9. COLOUR VARIATIONS
9.1 Slight variations in colour may occur between different cans of Paint of the same colour in the same Paint range. We recommend you mix pots of Paint of the same colour in the same range together before use. We do not accept liability for variation in colour between different cans of paint.
9.2 We recommend that you purchase samples of Paint in your chosen colour and finish to provide the best indication of what the paint will look like dried on the desired wall or surface.
10. OUR LIABILITY
10.1 If we fail to comply with these Terms of Sale, except as otherwise set out in this document, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
10.2 We supply the Products via our Website for domestic, private as well as commercial, business and/or resale use. However, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by any local Sale of Goods Act (title and quiet possession);
any breach of the terms implied by any local Sale of Goods Act
(description, satisfactory quality, fitness for purpose and samples); or defective products under any local Consumer Protection Act.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our contract with you that is caused by events outside our reasonable control (“Force Majeure Event”)
11.2 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
12.1 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it or these Terms of Sale, at any time during the term of the contract.
12.2 If any of these Terms of Sale are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.3 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the order or any of these Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the order, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.4 A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms of Sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
12.5 Nothing in these Terms of Sale shall be enforceable by any third party under a local Contracts (Rights of Third Parties) Act.
13. CONTACT US
If you have any questions or concerns about these Terms of Sale or any of our Products you can contact us via the Contact page or at firstname.lastname@example.org
12.6 These Terms of Sale and any documents expressly referred to represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12.7 These Terms of Sale shall be governed and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Sale or their subject matter or formation (including non-contractual disputes or claims).
Last update May 2023