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