1.1. By making a purchase with Hamill Decorating Services, you are agreeing to the following terms and conditions.
1.2. It is your own responsibility to ensure that you are fully aware of all of these terms and conditions when making a purchase with Hamill Decorating Services.
1.3. These terms and conditions can be altered at any time, so you should read them every time you make a purchase on this website. The publish date is stated at the bottom of this document.
2.1. In these Conditions: “Customer” means the Customer indicated on the Order; “Consumer” means a customer purchasing Products for personal use at a domestic premises; “Contract” means any contract between Customer and Hamill Decorating Services for the sale and purchase of Products incorporating these Conditions; “Price” means the price of the Products as may be amended at any time before a Contract is formed; “Products” means the paint and other products shown on the Order to be supplied by Hamill Decorating Services; “Order” means an order for Products submitted to Hamill Decorating Services (i) either online through the Site, or (ii) by email, fax or telephone; “Hamill Decorating Services”, “we”, “us” means Hamill Decorating Services, a company whose registered office is at 25 High Street, Musselburgh EH21 7AD, trading as Hamill Decorating Services; “Product Data Sheet” means all documents issued by a manufacturer containing details of the safe supply, handling and use of a Product, including but not limited to technical data sheets safety data sheet and application guides; “Site” means the Hamill Decorating.co.uk paint website; and “Trader” means a Customer who is not a Consumer.
2.2. These Conditions supersede all prior representations or arrangements, and contain the entire agreement between the parties in connection with the Products. All other terms and conditions are excluded, including any that Customer may purport to apply, any implied by law, previous course of trading and/or trade custom.
2.3. None of Hamill Decorating Service’s employees or agents has authority to modify or supplement these Conditions.
2.4. Words in the singular include the plural and in the plural include the singular.
2.5. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.
3. THE CONTRACT OF SALE
3.1. On occasion, an item may be mispriced. If you purchase a mis-priced item, we reserve the right to cancel the contract and relist the product at the correct price.
3.2. We reserve the right to cancel any order at any time prior to delivery, for any reason – No contract of sales exists until your order is verified by a member of staff.
Once an order has been successfully received into our system, validity and verification must take place before the contract of sale exists. Further, we reserve the right to degrade the order status to ‘Declined’ should our order become unacceptable for any reason.
3.3. The contract made between us through any transaction is governed by UK law, using only the English language.
4. ORDER PROCESS
4.1. All Orders, however placed, are subject to these conditions.
4.2. Customer or Customer’s representative may only place an Order if they are at least 18 years old and the delivery address is in the United Kingdom. At our request, you shall provide evidence of your age.
4.3. For all Orders placed by telephone, fax or email, we shall promptly send Customer a written Order Confirmation. Customer shall carefully check the Order to ensure that the Products set out on the Order accurately reflect Customer’s requirements. If there are any changes required to the Order, Customer shall notify Hamill Decoratng Servicces by email within 1 hour of receipt of the Order, and Hamill Decorating Services shall amend the Order accordingly which may for the avoidance of doubt include an amendment to the Price. If Customer does not notify Hamill Decorating Services of any change to the Order within 1 hour of receipt, then Customer shall be deemed to have accepted the terms of the Order and these Conditions.
4.4. If you wish to place an Order for Industrial Products, then we strongly recommend that you first contact Hamill Decorating Services Technical Department to discuss your requirements and to obtain a tailored specification and appropriate advice. Notwithstanding any other provision of these Conditions, Valtti Ltd reserves the right to reject any Order for Industrial Products at its sole discretion. By placing an Order for Industrial Products, the Customer warrants and represents that (i) it has read and understood the relevant Product Data Sheets and ; (ii) has the necessary expertise and experience to use the Industrial Products. Customer acknowledges that such confirmation shall be relied upon by Hamill Decorating Services in relation to the Contract.
4.5. Unless otherwise agreed in writing by Hamill Decorating Services, a legally binding Contract between Customer and Hamill Decorating Services shall come into existence only if (i) Hamill Decorating Services receives the full fee or the first instalment of the fee if we agree to payment by instalment; and/or (ii) Hamill Decorating Services delivers the Products.
4.6. When a legally binding Contract has come into existence, we acknowledge that we are under a legal duty to supply the Products in conformity with these Conditions.
4.7. Traders are responsible for all Orders placed by their employees. Traders may not withhold or set off any payment due to us against any amount due to the Trader.
5. DESCRIPTION OF THE PRODUCTS AND PRODUCT DATA SHEETS
5.1. Colour reproduction of the Products on the Site is limited by the technology used to deliver web pages and by the colour representation of Customer’s own monitor and
computer set-up. We have made every effort to display as accurately as possible the colours of our Products but we cannot guarantee that the colour shown on Customer’s monitor’s display will accurately reflect the colour of the Product on delivery. We recommend that Customer first purchases the smallest Product available or access an industry standard colour chart in person (and not digitally) to ensure that the colour is acceptable for its purposes.
5.2. Customer agrees that before placing an Order, Customer has read and understood the most up to date Product Data Sheet for the Product. Where we have access to the Product Data Sheet from the manufacturer, we will either provide a copy on request, or include a PDF copy of the Product Data Sheet available on our website.
5.3. All Products are subject to availability. We will notify Customer if all or part of an Order is out of stock, and Customer can either cancel the Products that are out of stock and we shall refund Customer accordingly, or Customer can select alternative Products, subject to any appropriate adjustment to the Fee.
5.4. We ALWAYS recommend a trial area is coated to ensure the Product meets Customer’s requirements before use of all of the Product ordered.
6.1. All of our prices are published both including VAT and excluding VAT.
6.2. For telephone, email and fax Orders, all sums due to Hamill Decorating Services shall be paid to the account stated on the Order or through our payment portal,
6.3. For online Orders, we accept payment by most major credit and debit cards and by PayPal.
6.4. The full amount of the Price and all delivery costs for an Order is due in advance of delivery or collection as the case may be unless otherwise agreed by Hamill Decorating Sservices.
6.5. If Customer fails to pay any sum by the due date, in addition to the rights and remedies set out in these Conditions, Hamill Decorating Services shall be entitled to (i) suspend delivery or collection as the case may be of the Products until payment is made; (ii) claim costs and interest under the Late Payment of Commercial Debts (Interest) Act 1998; (iii) terminate the Contract.
6.6. Our prices may change daily. We may update prices during working hours.
6.7. All manufacturers generally have price increases throughout the years, due to increases in manufacturing costs and inflation. While we try to absorb as much of these costs ourselves, these price increases are unavoidable
7.1. Delivery will be deemed to have been effected when the Goods leave the premises of the Company or, as the case may be, the premises of the suppliers to the Company in circumstances where the Goods are delivered direct from such suppliers or, where the Goods are not delivered by the Company, but by an independent carrier, delivery of the Goods by the Company to the carrier shall be delivery to the Buyer.
7.2. Delivery dates are given in good faith but are not guaranteed and no liability will be accepted for any loss whatsoever suffered or caused through late delivery or non delivery and time of delivery shall not be of the essence.
7.3. The liability of the Company for short delivery or damaged Goods shall be strictly limited to the provision of any Goods not delivered or the replacement or, at the Company’s option, repair of any damaged Goods.
7.4. If the Buyer wishes to claim that there is any shortage on the delivery of any Goods or that any of the Goods are delivered damaged, the Buyer shall give notice in writing to the Company within 24 hours after the date of delivery, failing which the Goods shall be deemed to have been delivered undamaged and in accordance with the delivery documents.
7.5. If short delivery does take place, the Buyer shall not reject the Goods but shall accept the Goods delivered as part performance of the order.
7.6. If short delivery or damaged Goods are complained of, the Company shall be under no liability in respect thereof unless a reasonable opportunity to inspect the Goods is provided to the Company before any use thereof is made by the Buyer.
7.7. Delivery or collection dates and timescales (if any) set out in an Order or otherwise requested by Customer or given by Hamill Decorating Services are given or accepted by Valtti Ltd in good faith but are not guaranteed. However, Customer shall promptly notify Hamill Decorating Services if it has not received or collected all of the Products that are subject to the Order by the stated delivery date. If Customer is a Consumer, we shall deliver the Products or make the Produce available for collection within 30 days of the Contract.
7.8. Delivery shall be made to the delivery address set out in the Order, and collection shall be made at Hamill Decorating Services, 25 High Street, Musselburgh EH21 7RR A valid signature may be required on delivery or collection.
7.9. Customer shall take delivery of the Products and delivery shall be effective when the Products are unloaded at the delivery address. If we are unable to make a delivery as a result of Customer’s act or omission, we reserve the right to cancel the Order, refund the Price paid, less a reasonable amount for additional delivery costs and all storage costs and any other costs incurred by Hamill Decorating Services as a result of Customer’s failure to take delivery of the Products.
7.10. If Customer has notified Hamill Decorating Services that it intends to collect the Products, Customer shall collect the Products within 5 days of a notice to do so. If the Customer does not collect the Products within such 5 day period, we reserve the right to cancel the Order, refund the Price paid, less a reasonable amount for all storage costs and any other costs incurred by Hamill Decorating Services as a result of Customer’s failure to collect the Products.
7.11. Offshore Deliveries. All local taxes and duty is to be paid by the receiver. Special shipping costs apply and will be provided on a case by case basis
7.12. Our next day delivery rate is almost always over 99%. Although we endeavour to strictly adhere to this delivery estimate, during extremely busy periods it may not be possible to meet these deadlines. No compensation will be given in such circumstances.
7.13. Lost deliveries. For national deliveries, we use the various couriers for our deliveries for reasons of reliability and convenience. Unfortunately, as with all delivery services, there are very rare circumstances where parcels do not arrive in the agreed timescale. Under these circumstances, we endeavour to ensure that the item is delivered to you as soon as possible by contacting the delivery service and attempting to locate your parcel and have it delivered. In the case of lost items, we cannot refund orders or send out a replacement until the delivery is confirmed to be lost by the courier. This may take some time. Please contact us for more information.
7.14. In the case of a parcel being signed for but the customer denies receiving the package, this is called a denial of receipt. Under these circumstances, we must contact our courier to confirm the delivery details, who will in turn contact the customer to ask for written documentation to be completed to confirm that the parcel has not been received. These circumstances must be mediated by the delivery service and we cannot take action until it has been confirmed whether or not the parcel was received by the customer.
7.15. Most orders shipped by Hamill Decorating Services require a signature upon delivery. Parcels shipped on this basis cannot be left without signatures unless express consent is given by the recipient. If you miss the delivery person, a card will be left to give you instructions to either arrange a redelivery or to collect it from your local sorting office / delivery depot.
7.16. Please note that in a multiple occupation building, anyone in the building is allowed to sign the parcel to confirm its receipt. Our couriers consider an item as delivered once a signature at the designated address is achieved. It is your responsibility to ensure that the recipient is at the delivery address, or to obtain the delivered parcel from the signatory.
7.17. If an item is returned to us undelivered because it was not collected or received by the recipient, we reserve the right to charge delivery charges for subsequent deliveries.
7.18. When receiving your order you should inspect the packaging to ensure that it has not been tampered with in any way. If it does appear to be tampered with, you should refuse delivery. If the delivery is accepted and signed for, you will have entered into a contract to accept the item in its delivered state and, as such, we cannot assume liability for any subsequent issues surrounding loss or damage.
8. COLOURS AND TINTING
8.1. Specific colours entered by customers online, using the “Enter colour name or code” text box, that are from a recognised designer range of colours, will be supplied with the “closest visual colour” from the selected manufacturers’ own listed range of colours and shades. This will be carried out by eye and is a subjective decision by Hamill Decorating Services. We will freely give assistance on all the products that appear on our website where individual knowledge exists, however we are unable to comment on any brands that we do not stock or sell. It is important that you know that we cannot accept returns or refunds for specially mixed or tinted paint colours once purchased, whether they have been opened or not. This is because each colour is made to order and therefore cannot be restocked. Please note, all paints on our website will be mixed to order unless specifically stated otherwise.
8.2. Paints purchased from other suppliers will not necessarily match those supplied by Hamill Decorating Services and ready mixed versions of a paint will not match a mixed to order colour of the same name, number or code (due to batch manufacture variations). If you have previously purchased a paint and need to replicate the colour, we recommend you purchase a tester or small quantity to check the colour is correct before committing to a large purchase. Please be sure that what you have ordered is the correct colour, shade and finish you require.
8.3. In the event of a colour dispute, you will be required to return all tins purchased at your own cost for analysis and inspection by the manufacturer. Results of analysis depend on the brand involved and can take many weeks. This is because the manufacturers will be looking to establish if there is a fault with a batch or if there is a problem with their paint. Once this analysis is complete and we have received the results from the manufacturer we will write to you with the findings of the report. No credit or replacement of the goods will be offered without prior receipt of the report and any subsequent settlement will be as instructed by the manufacturers and limited to and not exceeding the cost price of the goods. No settlement will be offered toward labour costs or any other loss in any circumstance.
9.1. If the Customer is a Trader, the Customer agrees that once the Contract has come into existence it may not be cancelled by the Customer. If, notwithstanding the provisions of this Condition 7(a), Hamill Decorating Service agrees as a gesture of goodwill or otherwise to a cancellation of a Contract by a Trader, the Trader must (i) not have opened the Products; (ii) obtain written approval of Hamill Decorating Services; and (iii) within 14 days of date of delivery or collection as the case may be, return the Products to Hamill Decorating Services in the original packaging and at the Trader’s own cost and risk. If Hamill ecorating Services determines at its sole discretion that the Products are fit for re-sale as new, Hamill Decorating Services shall refund the Fee paid for the returned Products less a 20% re-stocking fee. No delivery costs or costs of collection shall be refunded.
9.2. Subject to condition 9.3 below, if the Customer is a Consumer, the Customer shall be entitled to cancel a Contract up to 14 days of the date the Products are delivered or collection as the case may be. If a Consumer wishes to exercise its rights under this Condition, it shall contact Hamill Decorating Services in writing and take reasonable care of the Products while they are in its possession. Within 14 days of the notice to cancel, the Consumer must send the Products back to Hamill Decorating Services at the Consumer’s own cost and risk and subject to the requirements of the delivery company it engages to return the Products. Hamill Decorating Services shall refund any sums paid for the Products returned and, if the Consumer returns the whole (not part) of the Order, Hamill Decorating Services will refund the delivery costs paid up to the price of standard delivery. Hamill Decorating Services shall be entitled to deduct from the amount to be refunded the direct costs of recovering the Products or to reflect the loss or damage to the Products if (i) the Consumer does not return all of the Products that have been cancelled; (ii) the Customer does not pay the costs of returning them; and/or (iii) the Products are damaged during the course of the return.
9.3. A Consumer may not cancel a Contract (i) if the Products have been made to the Customer’s specifications for example following a particular colour specification; (ii) for
Fire Protection Products for health protection reasons; (iii) for any other sealed Products have been opened for health protection reasons; and/or (iv) the Customer has used the Product at all. The provisions of this Condition do not affect a Consumer’s statutory rights9.4. We reserve the right to cancel the Contract if (i) we have insufficient stock to deliver the Products; (ii) we do not deliver Products to Customer’s delivery address; (iii) Customer has failed to pay the Price due in full; (iv) we cannot verify that Customer or Customer’s representative is aged 18 or over; and/or (v) one or more of the Products ordered was listed at an incorrect Price due to a typographical error or an error in the pricing information received from our suppliers. If we do cancel the Contract we will notify Customer by e-mail and will refund Customer all sums paid within 30 days of the date of receipt of the Order. We will not be obliged to offer any additional compensation for disappointment suffered or for wasted expenditure or any other loss suffered or cost expended.
10. NOTICE TO CONSUMERS
10.1. Certain products (especially in the industrial range) are intended for commercial use only and require a good knowledge and understanding of specialised paint products and how to apply them. Consumers may submit an Order for Products, but in doing so, Consumers expressly acknowledge and agree that:
10.1.1. we do not provide small test pots for these products;
10.1.2. certain Products cannot be returned for reasons of health protection;
10.1.3. certain Products cannot be returned by Royal Mail or may only be returned by Royal Mail subject to certain packaging requirements; and
10.2. certain Products are for professional use only as determined by the manufacturer of the Product and as indicated in the Product Data Sheet. In accordance with the guidance issued by the British Coatings Federation, we cannot sell to Consumers any Products that are professional use only. If you order a Product described as professional use only, you shall be liable to us for any costs, claims, damages, liabilities, penalties and/or fines we incur as a result.
11. DEFECTIVE OR MISSING PRODUCTS
11.1. If Customer is a Consumer, Hamill Decorating Services warrants that the Products are of satisfactory quality and fit for purpose. If Customer is a Trader Hamill Decorating Services shall use reasonable endeavours to ensure that the Products are of a satisfactory quality and fit for purpose.
11.2. Customer shall inspect the Products immediately on receipt. Unless Customer is a Consumer, Customer shall be deemed to have accepted the Products as being in conformity with the Contract unless written notice of rejection on the basis of non-conformity with the Contract is received in writing by Hamill Decorating Services within 24 hours days of the date of delivery or collection as the case may be, or (where the defect was not apparent on reasonable inspection) within 7 days after discovery of the defect. If Customer is a Consumer, Hamill Decoraating Services requests that Customer notifies Hamill Decorating Services promptly in respect of any defect in a Product or missing Products.
11.3. If, after a valid notice of rejection has been given to Hamill Decorating Services in accordance with these Conditions, the conduct of Customer is inconsistent with such rejection, including where Customer has used the Product, Customer shall be deemed to have accepted them.
11.4. If it is shown to Hamill Decorating Services reasonable satisfaction that a Product is defective or missing, Hamill Decorating Services will either refund the purchase price or replace the Product within a reasonable time, free of charge. IF CUSTOMER IS A TRADER, SUCH REFUND OR REPLACEMENT SHALL BE HAMILL DECORATING SERVICES SOLE LIABILITY IN RELATION TO ANY DEFECT. Replacement Products are covered by these Conditions. Products which are alleged not to comply with the Contract shall as far as possible be preserved for inspection by Hamill Decorating Services and where Hamill Decorating Services agrees to replace the Products, the defective Product shall be made available for collection by Hamill Decorating Services or its nominated carrier.
11.5. Hamill Decorating Services does not exclude any liability that cannot be excluded as between Customer, including a Consumer, and Hamill Decorating Services under any provision of applicable law.
12.1. We only store necessary information required to make a purchase. Your credit card information is NOT stored by us and is always processed across a secure server, using Checkout.com, the online payment provider. Checkout.com is recognised as one of the most secure and reliable payment providers in the world.
12.2. We do not sell or lease any of your personal information. All information left with Hamill Decorating Services is entirely confidential.
13.1. Hamill Decorating Services shall have no liability to Customer for
13.2. Any loss or damage to property or personal injury caused by the negligence of the Customer, including but not limited to failure by the Customer to use the Products in accordance with the Product Data Sheet, failure to wear appropriate protective clothing and/or failure to adequately ventilate the site being painted.
13.3. Any information provided in respect of the Products by Hamill Decorating Services that is inconsistent with the Product Data Sheet; and/or
13.4. Any errors in coverage rates quoted or otherwise supplied. Customer agrees that coverage depends on the condition of the substrate, surface absorption, texture and application method.
14. FORCE MAJEURE
14.1. Hamill Decorating Services shall not be liable for any failure to comply with the Contract related to any circumstances whatever (whether or not involving Hamill Decorating Services negligence) which are beyond Hamill Decorating Services reasonable control and which prevent or restrict Hamill Decorating Services from complying with the Contract.
14.2. Hamill Decorating Services may where reasonable in all the circumstances (whether or not involving Hamill Decorating Services negligence) without liability suspend or terminate (in whole or in part) its obligations under the Contract, if Hamill Decorating Service ability to manufacture, supply, deliver or acquire materials for the production of the Products by Hamill Decorating Services normal means is materially impaired.
15.1. Hamill Decorating Services may (without prejudice to its other rights or remedies) terminate or suspend Hamill Decorating Services performance of the whole or any outstanding part of the Contract if:
15.2. Customer breaches any term of any Contract with Hamill Decorating Services including but not limited to a failure to pay sums due by the due date;
15.3. Customer becomes bankrupt or insolvent or if a receiver or encumbrancer takes possession of any material part of Customer’s assets; or
15.4. Hamill Decorating Services has reasonable grounds for suspecting that an event in Condition 11(b) will occur, or that Customer will not pay sums due by the due date.
16. RISK AND TITLE
16.1. Risk in the Products shall pass to Customer upon delivery or collection as the case may be as delivery/collection is determined in accordance with these Conditions.
16.2. Title to the Products shall pass to Customer on receipt by Hamill Decorating Services of the full Price due under the Contract. Until such time as title passes, Customer shall (i) not use the Products and shall store the Products separately from all other goods and in such a way that they remain readily identifiable as Hamill Decorating Services property; and (ii) store the Products in satisfactory condition and in accordance with any instructions or requirements of the relevant Product Data Sheet. Customer grants to Hamill Decorating Services and its agents an irrevocable licence at any time to enter any premises where the Products are stored to recover the Products if Customer fails to make payment of the price for Products by the due date, or if Hamill Decorating Services has reasonable grounds for suspecting that an event in Condition 15.3 will occur
17. LIMITATION OF LIABILITY
17.1. Hamill Decorating Services shall have no liability to a Consumer in excess of a refund of the Price paid under a Contract, unless the Consumer can evidence that any other loss is reasonably foreseeable and arises as a direct result of a breach of the Contract by Hamill Decorating Services. Hamill Decorating Services shall have no liability to a Consumer for wasted expenditure, including the costs or contractors engaged to use the Products and/or any loss caused as a result of failure to handle, use or transport the Products appropriately or in accordance with the Product Data Sheet.
17.2. Valtti Ltd shall have no liability to a Trader (i) in excess of a refund of the Price paid under a Contract; (ii) for any loss of goodwill, loss of profit, loss of business, loss of anticipated savings) loss of use, or wasted expenditure in connection with the Contract;
and/or (iii) for any indirect or consequential loss whether or not advised of the possibility of such loss.
17.3. Nothing in these Conditions excludes or limits the liability of Hamill Decorating Services for death or personal injury cause by Hamill Decorating Services negligence or fraudulent misrepresentation.
17.4. It is the contractors/customers duty to perform checks to confirm the accuracy of colour matches prior to application.17.5. Failure to carry out these procedures will result in no form of reimbursement from the Company for loss of earnings nor monies for labour costs for redecoration.
18.1. All text and images on this website remains either the copyright of Hamill Decorating Services, or the copyright of the paint manufacturer. Usage of any of this material is prohibited, unless authorised by the copyright holder. Hamill Decorating Services is authorised to use all images that are used on this website.
18.2. If you are unsure of anything stated in these terms and conditions, or you have any questions, then you should contact us before making a purchase.
19.1. The Contract may not be assigned by Customer without Hamill Decorating Services prior written consent.
19.2. Notices must be in writing to Hamill Decorating Services or Customer’s address on the Order and are deemed delivered on the first working day after sending by hand or on the third working day after being placed prepaid in the first class post to Customer’s or Hamill Decorating Services address.
19.3. No failure by Hamill Decorating Services to enforce any provision of the Contract shall be construed as a release of its rights relating thereto or to sanction any further breach.
19.4. If any provision of the Contract is found to be invalid or unenforceable it shall have effect to the maximum extent permitted by law, or, if not so permitted, shall be deemed deleted.
19.5. The provisions of Conditions 13, 16, 17 and 19 shall survive any termination of the Contract.
19.6. The Contract shall be governed by and construed in accordance with the laws of Scotland and the courts of Scotland shall have exclusive jurisdiction in relation to the Contract.
20. COMPANY INFORMATION
Hamill Decorating Services registered address is 25 High Street Musselburgh, EH21 7AD. VAT no: GB 280781486