© Abington Decorating Supplies Ltd. 2015 All rights reserved
These Terms and Conditions will apply to any contract for the sale of Products by us to you (“Contract”). Please read these Terms and Conditions carefully and make sure that you understand them before ordering Products from our Website.
Please note that before placing an order you will be asked to agree to these Terms and Conditions. If you do not accept these Terms and Conditions in full, you will not be able to order Products from our Website.
1.1 When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.2 When we refer to "we", "us" or "our", we mean Abington Decorating Supplies. When we refer to "you" or "your" we mean you, the person buying Products from our Website.
1.3 We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions, and any Contract between you and us, are only available in the English language. We will not file copies of the Contract between you and us so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time, as explained in clause 16 below).
2.1 We are Abington Decorating Supplies Ltd, a company registered in England and Wales with company registration number 2782409 and we operate the Website. Our principal place of business is at 135 Stimpson Avenue Abington Northampton and our VAT number is GB581494318.
2.2 If you would like to contact us as a consumer, please use the details on the Contact us page of our Website and we will be happy to assist you. If you are a business and wish to give us formal notice of a matter please see clause 18.
3.1 We have a commitment to supplying high quality wallpaper, tools, curtains, fabrics, blinds, bedding, lighting, soft furnishings, adhesives and other similar products. For more information on our Products please visit the Products page our Website.
3.2 We have made every effort to display the Products as accurately as electronic media will allow, however the images of the Products on our Website are for illustrative purposes only. We cannot guarantee an exact match of the on-
3.3 Each Product is sold subject to its description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information, including Product descriptions, appearing on this Website at a particular time may not always reflect the position at the exact moment you place an order. The dimensions given are written for your guidance.
3.4 All Products shown on our Website are subject to availability. If a Product you have ordered is temporarily unavailable we will inform you by email as soon as possible and offer you a substitute item. You can then decide whether you would like the substitute item or whether you would prefer to cancel your order (in which case we will provide you with a full refund). If we do not receive a response from you by the time that your order needs to be dispatched for delivery, we will assume you are satisfied with the substitute item offered and we will deliver the Products to you.
3.5 We send samples out by post. The first five samples are sent free of charge for customers in the UK and thereafter cost £1.00 If we need to send the samples outside the UK, a postage charge will apply. Details of these charges can be found here. Samples are available for colour and texture match only and are usually supplied in A4 size. Smaller A5 samples are provided for specialist wall coverings such as flocks or those with glass bead and glitter effect. Full designs and repeated patterns can be viewed on the Website.
4.1You may only purchase Products from our site if you are at least 18 years old.
5.1 For the steps you need to take to place on order, please see the How to order page of our Website.
5.2 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. In particular, please check the quantities of each of the Products in your order.
5.3 By clicking the “pay now” you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a Contract with us to buy the Products in your order. The Contract is subject to these Terms and Conditions and you will be asked to confirm that you accept these Terms and Conditions when placing your order.
5.4 After you place an order, you will receive an email from us acknowledging that we have received your order and confirming the Products ordered, delivery option chosen, delivery address and any special instructions ("Order Confirmation"). Only the Products listed in the Order Confirmation are included in the Contract between you and us. If there are any errors in the Order Confirmation, please contact us as soon as possible using the details on the Contact Us page of our Website.
5.5 This clause only applies to businesses. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products. These Terms and Conditions constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.6 This clause also only applies to businesses. You acknowledge that in entering into these Terms and Conditions you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.
Product prices and delivery charges
6.1 The prices of the Products will be as quoted on our Website from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover a mistake or error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made an obvious pricing error. 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 your order as cancelled.
6.2 The prices of the Products may change from time to time, but changes will not affect any order which we have confirmed by sending an Order Confirmation. The prices of the Products are in pounds sterling and include VAT (where applicable) at the applicable current rate chargeable in the UK.
6.3 The prices of the Products do not include delivery charges. For our standard delivery charge is outlined on the website store please call for more information (including VAT) but this may vary depending on the Products ordered and the delivery option selected. Please see clause 9 below and the delivery options page of our Website for more information. If your delivery country is not shown in the shopping basket, please email firstname.lastname@example.org or call +44 (0)1604 232141 for a carriage quote.
7.1 We may offer certain promotions in relation to particular Products for eligible customers from time to time. If you have a promotional code, please ensure that you enter it where prompted on the payment page during the order process. If your promotional code qualifies, your deduction will be displayed in the payment summary.
7.2 You may only use one promotional code per order. Promotional codes cannot be applied retrospectively to orders that have already been placed or to Products that have already been delivered to you. We reserve the right to cancel orders if an unauthorised promotional code is used. Additional terms and conditions may apply to certain promotions, please check the Website for further details.
How to pay
8.1 You can pay for Products using a debit card or credit card. You can also purchase over the phone 01604 -
8.2 By ordering Products from us through our Website, you authorise us to perform credit and anti-
8.3 If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled (we will notify you of this using the contact details you provided during the order process).
8.4 Your debit card or credit card will not be charged until we issue an Order Confirmation (at which point we take payment for the Products and all applicable delivery charges in full).
9.1 Your order will be delivered to you by us or our delivery partner on the date stated in the Order Confirmation, unless there is an event outside of our control (please see clause 15 below for more information about these events). We will take reasonable steps to meet the delivery date set out on your Order Confirmation or as otherwise agreed but this cannot be guaranteed. If we are unable to meet the estimated delivery date or time because of an event outside of our control, we (or our delivery partner) will contact you with a revised estimated delivery date or time.
9.2 Delivery will be completed when the Products are delivered to the address stated in the Order Confirmation (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of your error).
9.3 You are responsible for making suitable arrangements to receive your delivery. Please make sure you or someone instructed by you is able to take delivery of the Products. If you are not able to take delivery of the Products, use the special instructions field in the order process to instruct us where to tell our delivery partner to leave your Products.
9.4 Please note that, if no special instructions are given and no one is able to take delivery of the Products, we or our delivery partner will leave the Products outside the property at the address stated in the Order Confirmation (and the Products are your responsibility from this point). Where failure to take delivery of the Products is caused by an event beyond our control, then we will store the Products until delivery takes place and may charge you a reasonable sum to cover expenses. We shall have no liability to customers for late delivery.
9.5 We warrant that we will source and supply quality Products and deliver these to you in accordance with these Terms and Conditions. All other conditions, warranties, representations and terms in relation to the Products are excluded to the fullest extent permitted by law.
9.6 The risk in Products supplied by us shall pass to you at the point of collection or delivery and, notwithstanding clause 9.7, we shall have no responsibility in respect of the safety of such goods thereafter.
9.7 The ownership of Products supplied by us will only be transferred to you once all sums due to us have been paid in full and, until paid, we retain the right to repossess the Products.
10. Returns and refunds
10.1 We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact us using the details on the Contact Us page of our Website. Please check all wallpaper products for faults before and during hanging. If the Product is defective in any way or has a fault, a full replacement or refund (see clause 10.8 below) will be made at no charge.
10.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation and continues for the 14 days following the day on which you receive the Products ("Cancellation Period"). This means that during the Cancellation Period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply in the case of special orders such as goods not stocked, made or cut to your specification or those specially obtained ("Special Orders"). This includes hand made to order blinds, curtains, cut to order fabrics and tinted to order paints. Such Special Orders are bespoke and cannot be cancelled once the order has been accepted by us, save for where such goods do not conform to these Terms & Conditions and have been confirmed by us to be so defective.
10.5 We do not refund the cost of returns.
10.6 We will make any refunds due to you as soon as possible and in any event if you have received the Product and we have not offered to collect it from you, within 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. If you have not yet received the Product or you have received it and we have offered to collect it from you then refunds will be made 14 days after you inform us of your decision to cancel the Contract.
10.7 In addition to the Cancellation Period above, we will refund returned goods up to 28 days after purchase provided that they are in the same condition as in clause 10.4 above and subject to a 20% restocking charge.
10.8 If you have returned the Products to us under this clause 10 because they are faulty or mis-
10.9 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
11. Our liability if you are a consumer
This clause 11 only applies if you are a consumer.
11.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. We are not financially liable for any delay in delivery of the Products.
11.2 We supply Products (including any free samples provided with your order) to you for your domestic and private use. On this basis, you agree not to use the Products for any commercial, business or re-
11.3 We do not in any way exclude or limit our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation; and
11.3.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
11.4 Subject to clauses 11.1, 11.2 and 11.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1,000 or, if higher, the total price of the Products which are the subject of the Contract.
11.5 Some of the Products we sell to you may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. If you are a consumer, a manufacturer's guarantee 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.
12. Our liability if you are a business
This clause 12 only applies if you are a business.
12.1 We only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.
12.2 Nothing in these Terms and Conditions limits or excludes our liability for:
12.2.1 death or personal injury caused by our negligence;
12.2.2 fraud or fraudulent misrepresentation;
12.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.2.4 defective products under the Consumer Protection Act 1987.
12.3 Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.3.1 any loss of profits, sales, business, or revenue;
12.3.2 loss or corruption of data, information or software;
12.3.3 loss of business opportunity;
12.3.4 loss of anticipated savings;
12.3.5 loss of goodwill; or
12.3.6 any indirect or consequential loss.
12.4 Subject to clauses 12.2 and 12.3, our total liability to you in respect of all losses arising under or in connection with the Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1,000 or, if higher, the total price of the Products which are the subject of the Contract.
12.5 Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13. Using our Website
13.1 Your use of our Website is governed by these Terms and Conditions. By using our Website, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use our Website.
13.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
13.3 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use but you must not use any part of the content on our Website for commercial purposes.
13.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.5 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up-
13.6 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
13.7 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our site is stored or any server, computer or database connected to our site.
13.8 Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Websites or resources.
13.9 We make available in good faith information about the Products, such as the conditions necessary to ensure that Products supplied will be safe and without risks to health when properly used. This should not be considered of itself to constitute an adequate risk assessment as may be required under Health and Safety legislation. If you are or become aware of any risk to health or safety in connection with any Products, you should immediately contact us.
14. Your personal information
15. Events outside of our control
15.1 In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We cannot, however, accept liability for any losses caused to you as a result of any delay or failure by us to perform our obligations where such delay or failure is due to an event which is outside of our reasonable control.
15.2 If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract (including those of our delivery partner) we will contact you as soon as reasonably possible to notify you. In such circumstances, our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we (or our delivery partner) will arrange a new delivery date and time with you after the event outside of our reasonable control is over.
16. Changes to these Terms and Conditions
16.1 We may make changes to these Terms and Conditions from time to time (if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms and Conditions).
16.2 Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products from us to ensure that you understand the Terms and Conditions that apply at the time.
We hope that you do not have cause for a complaint but, if you do, we would like to hear from you so that we can try and resolve your complaint and ensure that it does not happen again. Please contact us using the details on the Contact Us page of our Website.
This clause only applies if you are a business
18.1 If you are a business:
18.1.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Terms and Conditions shall be in writing and shall be delivered personally, sent by pre-
18.1.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-
18.1.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-
18.1.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. Other important information
19.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
19.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.3 Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
19.4 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.5 We intend to rely upon these Terms and Conditions in relation to the Contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.
19.6 These Terms and Conditions are governed by English law. This means that the Contract for the purchase of Products through our Website, and any dispute or claim arising out of or in connection with it, will be governed by English law.
19.7 You and we both agree that the courts of England and Wales will have exclusive jurisdiction of any disputes.
Terms and Conditions last updated October 2015