Terms and Conditions

Ownership Of Rights

All rights, including copyright, in this website are owned by or licensed to SW Paints Online (Trade Paints (UK) Ltd) & Sherwin-Williams Protective & Marine Coatings. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of SW Paints Online. You may not modify, distribute or re-post anything on this website for any purpose.
 

Accuracy of content

SW Paints Online has taken every care in the preparation of the content of this website, in particular to ensure that the description of the goods is as advertised on this website. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor´s display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, SW Paints Online disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Damage to your computer SW Paints Online makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. SW Paints Online shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

Definitions

For the purposes of these Conditions of Sale, the following definitions shall apply: "The Company" shall mean SW Paints Online, The Glade Business Centre, Eastern Avenue, West Thurrock, Essex. RM20 3FH, "The Purchaser" shall mean the party described as the customer. "The Goods" shall mean all goods supplied by the Company to the Purchaser under this contract.

Overriding Provisions

All offers are accepted and all Goods are sold subject to and upon these Conditions of Sale. No addition, alteration, variation or waiver of any term of these Conditions of Sale shall be binding unless agreed in writing by the parties. The Purchaser shall be deemed to have agreed these Conditions in relation to all present and future dealings between the parties. 2. No Purchaser Terms and Conditions of Purchase and no other terms, conditions, warranties, particulars, standards, criteria, specifications and other matters, whether written or oral, express or implied, shall form part of or be deemed to be incorporated into this contract unless agreed in writing by a authorised officer of each party.

Credit account

The Company may, in its absolute discretion, refuse any application for a credit account or for an extension of an existing line of credit without disclosing the reason for so doing.

Delivery

Where the Company has agreed to arrange delivery of the Goods, the following provisions shall apply: 1. The Goods will be delivered to the location stated on the order as accepted by the Company 2. Times quoted for delivery represent only the Company’s best estimates, time not being of the essence. The Company shall in good faith endeavor to meet such estimated times, but reserves the right to vary the time of delivery and shall not be responsible for any loss or damage suffered by the Purchaser as a result of such variation. 3. Delivery notes must be checked and signed at the time of delivery 4. It shall be the duty of the Purchaser to examine the Goods upon delivery to ensure that the delivery is complete and that the Goods have no been damage in transit. 5. In the event that any of the Goods have been damaged in transit or delivery is incomplete the Purchaser shall notify the Company by clearly stating the nature of such damage or incomplete delivery upon the Delivery Note prior to signature thereof 6. The Company’s liability shall be limited to the purchase price of the Goods damaged and not delivered 7. The Company shall be under no liability whatsoever if the Purchaser fails to give such notice of damage or non-delivery and any such damage to the Goods shall be deemed to have occurred after the transit is ended unless the contrary is proved by the Purchaser 8. No Goods may be returned to the Company unless the Company’s prior written consent is obtained.

Prices

Goods will be charged at the Company’s prices ruling on the date of dispatch.

Refunds, returns, Cancellations

Refunds, returns and cancellations will not be given for non standard manufactured products and specific colour requests.
Certain standard products may be refunded and returned at a charge of 60% of the original supply price. For further information and details please contact sales@swpaintsonline.co.uk or 0845 838 2225.

Representation and warranty

At the date of delivery all Goods supplied by the Company shall conform with all United Kingdom statutory enactment’s and regulations which relate thereto and shall be free from defects in materials and design. 2. The Company’s liability for failure to comply with the aforementioned warranty, shall be limited to the replacement free of charge of the Goods failing to comply with the warranty or at the option of the Company, issuing to the Purchaser a credit note equivalent to the price of the Goods failing to comply with the warranty. The Company shall not in any event be liable unless: 1. The Purchaser notifies the Company in writing within 1 (one) week of any date of delivery of the Goods or the expiration of the "best before" date(s) applicable to the Goods (whichever is the earlier of the two) of any defect or failure to comply with United Kingdom statutory enactment’s and regulations; and 2.0The Goods have been properly stored by the Purchaser at the correct temperatures 3.The Company’s catalogues, price lists and all descriptions other that any directly referable to the contract, are merely indications of the kind of goods supplied by the Company, and no particulars given in any of them shall bind the Company unless expressly agreed in writing by the Company.

Liabilities

The Company shall not in any event be liable for any loss of profit or other indirect or consequential loss or damage howsoever arising 2. Except as specifically provided in these Conditions, the Company shall be under no liability for any loss or damage whatsoever attributable to any act or default of the Company or failure to carry out the contract terms 3. The Company shall indemnify the Purchaser subject to the provisions of 1. in respect of any claims arising from personal injury to or death of any person whomsoever and 2. Any damage to or loss of any property, real or personal, insofar only as such injury, death, damage or loss is due to any negligent act or default of the Company, its servants, agents or other persons for whom it is responsible and is not attributable to the negligent act or default of the Purchaser, its servants, agents or other persons for whom it may be responsible. PROVIDED ALWAYS that except to the extent the Company’s liability cannot be so limited the Company’s liability hereunder in respect of any one occurrence or series of occurrences originating from the one source, shall not exceed £10,000 or the contract price whichever is greater.

Interference with markings

The Purchaser shall not alter, obscure, remove, conceal or otherwise interfere with any markings or other indication of source of origin on any goods or their labeling and packaging 2. Where the Goods supplied are supplied in any packaging or containers designed by the Purchaser or which are marked in accordance with the Purchaser’s specific requests, the Purchaser shall indemnify the Company in respect of any loss or liability incurred by the Company in consequence of any infringement of any patent, trademark, registered design or copyright arising from the supply of Goods in any such packaging or containers.

Title and risk

The risk in the Goods shall pass to the Purchaser upon delivery 2. Title to the Goods shall remain the property of the Company until such time as all debts and other liabilities (whether arising under this contract or otherwise) owed by the Purchaser to the Company have been paid in full 3. The Purchaser hereby irrevocably authorises the representatives of the Company to enter upon the Purchaser’s premises where the Goods are stored, or are thought to be stored, for the purpose of repossessing them and subsequently reselling them.

Payment

The company accepts payment by Visa, MasterCard, Switch, Maestro and Delta, PayPal & by bank transfer. All product prices and delivery charges are shown in UK pounds sterling. Your payment card company will perform any currency conversion.
Upon receiving your order the Company will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds in order to fulfil the transaction. No payment is debited from your card during this pre-authorisation check. Your card will only be charged upon dispatch of the items in your order. Your card will not be debited for items in your order which have not been dispatched. All accounts are due for payment to the Company on 30 days from the date of invoice. All sums due to the Company shall be paid in full and the Purchaser shall have no right of set-off in any circumstances. 2. In the event that payment is not received by the Company by the due date, the Company shall be entitled to suspend all further deliveries until payment is received and/or repudiate the contract. In such event, the Company shall be entitled to sell any Goods still in its possession and the Purchaser shall indemnify the Company for any loss incurred thereby 3. The Company reserves the right to charge interest on all overdue balances calculated on a daily basis at the rate of 2.5% per annum above the minimum lending rate of Barclays from time to time in force 4. Notwithstanding anything in these Conditions of Sale or implied to the contrary, in the event of the Purchaser ceasing to take supplies from the Company (for whatever reason) or the Company ceasing to deliver supplies to the Purchaser (for whatever reason) the whole amount of monies due from the Purchaser to the date of cessation shall fall due for immediate payment. 5. The Purchaser will be liable for all costs incurred by the Company in the recovery of debts not paid by the due date. 6. Payment may, at the discretion of the Company, be made by cheque, credit transfer, direct debit or cash.

Set-off

Where the Company owes any sums to the Purchaser in consequence of any trading arrangements or for promotional or advertising contributions or for retrospective discounts, the Company shall settle such amounts by setting off such amounts against all sums owed to the Company hereunder.

Discounts

No retrospective/turnover discounts will be given to the Purchaser unless the charges for the period covered have been paid in accordance with standard settlement terms.

Waiver of conditions

Any concession granted by the Company to the Purchaser or any waiver by the Company of its rights under these Conditions of Sale in respect of any particular transaction or series of transactions shall not be deemed an agreement to confer the same concession in respect of any further transaction.

Force majeure

If the Company’s ability to perform its obligations hereunder is limited, delayed or prevented in whole or in part by any reason whatsoever not reasonably within the control of the Company, the Company shall be excused, discharged and released without penalty from performance of the contract to the extent that such performance is so limited, delayed or prevented.

Sub contracts

The Company shall in its discretion be entitled to subcontract its obligations, hereunder.

Notices

All notices and communications made pursuant to these Conditions of Sale by one party to the other shall be validly given or made by letter by first class registered post sent to the addresses listed overleaf or such address as shall be notified to the party concerned. All noted sent in accordance with the above shall be deemed to have been received within forty-eight hours of the date of posting.

Acceptance

By signature and/or acceptance of Goods, the Purchaser agrees to be bound by these Conditions of Sale.

Modification

If any of these Conditions of Sale is held not to be valid but would be valid if any pert of the wording were deleted or modified then that provision shall apply with such modifications as may be necessary to make it enforceable.

Governing Law

These conditions of Sale shall be governed by and construed in accordance with English Law and each party irrevocably submits to the jurisdiction of the English courts.

Delivery times

Deliveries take place Monday - Friday (excluding bank holidays), usually between 8.00am - 6.00pm & may take up to 2-3 working days for stock items & 7-10 working days for non-stock items. Please call for next day delivery costs. SW Paints Online do not deliver on a Saturday or Sunday. Orders placed after 12 Noon may be processed the next working day. All deliveries must be signed for (except items sent by post and which are small enough to be put through your letterbox). Please make sure you keep the receipt enclosed with your goods.
SW Paints Online will select the most appropriate carrier for your goods. This means your delivery may arrive in more than one batch to ensure your order is transported in the best possible way. 

Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and SW Paints Online shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. The risk in the goods shall pass from the company to the customer upon delivery of such goods to the customer.

All items are subject to availability. Please contact our customer services at admin@swpaintsonline.co.uk or telephone 0845 838 2225.