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B.D.S. Paints Terms & Conditions

1. Information & Definitions

1.1 In these Conditions the following expressions have the following meanings:

1.1.1 “We” or “Us” means B.D.S. Co., (James H. Kinsey 2010 Ltd., T/a)

1.1.2. “You” or “Yourselves” means the buyer who places an order for Goods.

1.1.3. “Conditions” means these terms and conditions of sale.

1.1.4. “Contract” means the contract between us and you for the sale of the Goods on these Conditions.

1.1.5. “Force Majeure” means any cause or circumstance preventing either party from performing any or all of its obligations to the other (including without limitation any strike, lockout or other industrial action) . For the avoidance of doubt any fault or delay in deliveries from our sub-suppliers shall be a Force Majeure event.

1.1.6. “Goods” means the products which you agree to buy from us as identified by your order (including any part or parts of them).

1.1.7. “Insurance” means the combined product and public liability insurance policy taken out and maintained by us.

1.1.8. “Working Days” means any day between Monday and Friday inclusive but excluding bank and public holidays.

1.1.9. “The Site” means

1.1.10. “Recipient” means the person receiving the goods from BDS Paints

1.1.11. “Carrier” means the delivery company responsible for shipping the goods.

1.1.12. “Contact Details” means how you contact us either by e-mail: [email protected] or by telephone - Tel: 0845 854 1601

1.1.13. “Law” means the laws as applied for England and Wales (where goods are sent to other places such as Scotland the laws of England and Wales shall apply where necessary).

1.2 Unless varied by agreement in writing and signed by one of our Directors, the Contract and other paperwork which form part of it will be on the following conditions to the exclusion or exception of:

1.2.1. any other terms or conditions which you purport to apply by purchase order, confirmation order or acceptance advice and /or

1.2.2. any other written, oral or electronically transmitted communication; and such other terms and conditions shall not be deemed to form part of the contract.

1.2.3. In so far as this contract concerns the general relationship between you and us it shall come into force upon our acceptance of your order/payment for the goods to be despatched.

2. Prices

2.1. Prices quoted/shown are correct at time of posting however, due to currency fluctuations
material cost increases etc, these can be changed. However once an order has been accepted and payment received, the order will be completed at the cost quoted.

2.2. Prices stated are exclusive of VAT; and any cost of delivery (Post & Packing) for deliveries within the UK (not including Ireland).

3. Delivery

3.1 The goods ordered will be delivered by carrier to the address you have supplied.

3.2. If you change the delivery address (or cancel your order) after despatch all additional costs or expenses incurred by us from the carrier will be passed on to you.

3.3. We may at our discretion deliver the Goods by instalments. When this takes place we will inform you of the fact.

3.4. If you fail or refuse to accept delivery and the Carrier has to redeliver or return the Goods to us, you shall be liable for the costs involved.

3.5 Please allow 3-5 working days after despatch for our standard delivery (unless other arrangements have been made).

3.4 You must notify us in writing if a delivery is not received within five days from the date of despatch i.e. date ordered, allow five days for despatch if not received please inform us goods have not arrived.

3.5. All deliveries must be checked, at time of delivery, and any discrepancies noted with Carrier. We cannot be held responsible for any deliveries not checked. Any/all shortages and /or damages must be notified to us in writing within three (3) working days. Shortages /damages will be rectified as soon as possible.

3.6. We shall not be liable for any direct, indirect or consequential loss, costs, damages etc., caused directly or indirectly by any delay in delivery of Goods ordered.

4. Postage & Packing

4.1 Our prices for standard postage and packing are as follows:

Net Order Value £99 or less = £11.95 (+VAT at std. rate)
Net Order Value £100 to £199 = £14.95 (+VAT at std rate)
Net Order Value £200 to £299 = £19.95 (+VAT at std rate)
Net Order Value £300 or more = FREE of Charge

4.2. Please allow 3-5 working days for our standard delivery, unless other arrangements have been agreed.

5. Cancellations, Returns and Refunds

5.1. You must give 24 hours notice to cancel an order prior to despatch. This can be done by e-mail or telephone. Please specify the reason for cancellation.

5.2. If you wish to cancel an order which has been despatched you must return it to us at your own cost.

5.2. All faulty goods will be replaced at no cost to you. However, we must specify and arrange the carrier for their return. Please contact us by telephone or e-mail explaining the problem (giving a contact telephone no if by e-mail) in order that we can begin the process of replacing and/or resolving your problem.

5.3. Damaged goods must be reported , as 3.5 above and will be replaced at no cost to you.

5.4. Refunds cannot be given on any goods specially mixed for your order (i.e. mixed colours you requested etc.,). Any refunds/returns required you must contact us giving details, please note as 5.2 above return arrangements and cost are your responsibility. A handling charge will be made.

6. Product advice and Safety

6.1. Certain products sold by us will have age restrictions and so no one under the age of 18 years may purchase goods from us. By purchasing goods from us you agree that you and/or the person receiving the goods are over the age of 18 years old.

6.2. Certain products can cause serious risk to people if applied or specified incorrectly. BDS paints cannot be held liable for product mis-use. We do however, offer free advice on the use of products and urge you contact a member of our technical team if you have any doubt over application or specification.

6.3. Complaints: if you should need to make a complaint, we will respond within five working days. If you wish to discuss any matter in private, please contact our Customer Services Department via email. This does not affect your statutory rights.

6.4 We reserve the right to refuse any order placed. Under such circumstances a full refund would be made and you would be informed.

7. Privacy Policy and Data Protection

7.1. In line with Data Protection Policy we only keep your details to fulfil the requirements of your order. We do not disclose or sell your information to third parties. When you provide your personal and payment details you do so for the purpose of communicating with us only.

7.2. There are some exceptions to 7.1 above, such as banks, financial parties that process the payment transactions and some third parties such as companies with whom we are affiliated who are involved with the completion of your order/payment. Finally government agencies, who under the law can request such information.

7.3. All payment transactions are handled by bank/finance houses well established and with appropriate security safeguards.

7.4 In order for you to obtain up to date, data/technical sheets etc., the website may create links to third party websites. We will not pass your details on to these sites but we cannot be responsible for either the content or privacy practices of other websites.

7.5 Your financial data - We do not store your credit card details or any other financial data, they are immediately and securely passed to our secure third party processor (PayPal) for payment to be processed.

8. General

8.1. We reserve the right to vary these conditions as necessary on giving you reasonable notice in writing of such variation.

8.2 All contracts shall be deemed to be made in England and Wales and shall be construed in accordance with and be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.

January 2011.