Terms and Conditions
Please read all these terms and conditions
As we accept your order and make legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on the number provided on the contact details page.
It is your responsibility to ensure you are fully aware of all these terms and conditions prior to making a purchase.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Trade Paint Colchester LTD a company registered in England and Wales under VAT: GB283703690 / Company Reg: 11043910 whose registered office is at:
Trade Paint Colchester Ltd, Trade Counter, Unit G, Global Park, Moorside, Colchester, CO1 2TJ
with the email address firstname.lastname@example.org
telephone number 01206 233714 | 01206870017 (the supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the goods, you agree to be bound by these Terms and Conditions by clicking on the button marked ‘ I accept’ if you do not click on the button, you will not be able to complete your Order. You can only purchase the goods from the website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession. ‘We’ or ‘us’ means Trade Paint Colchester LTD.
4. Contract means the legally – binding agreement between you and us for the supply of the goods
5. Delivery location means the supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable medium means paper or email or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information and allows the unchanged reproduction of the information stored.
7. Goods means the goods advertised on the website that we supply to you of the number and description as set out in the order;
8. order means the Customer’s order for the Goods from the Suppliers as submitted following the step by step process set out on the website
10. website means our website [insert web address here] on which the goods are advertised.
11. description of the goods is set out in the website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the goods supplied
12. In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate
13. All goods which appear on the website are subject to availability
14. We can make changes to the good which are necessary to comply with applicable law or safety requirement. We will notify you of these changes.
Personal Information and Registration
15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
17. We may contact you by using e-mail or other electronic communication methods and by
pre-paid post and you expressly agree to this.
Basis of Sale
18. The description of the goods in our website does not constitute a contractual offer to sell the goods, when an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The order process is set out on the website. Each step allows you to check and amend any errors before submitting an Order. It is your responsibility to check that you have used the ordering process correctly.
20. A contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the order (Order Confirmation). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies on the Order placed by you.
By placing the order you agree to us giving you confirmation of the contract by means of an email with all information in it (i.e. order confirmation). You will receive the order confirmation within a reasonable time after making the contract, but in any event not later than the delivery of any good supplied under contract.
21. Any quotation is valid for a maximum period of 14 days from it’s date, unless we expressly withdraw it at an earlier time.
22. No variation of the contract, whether about description of goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and supplier in writing.
23. we intend that these terms and conditions apply only to a contract entered into by you as a consumer. If this is not the case, you must tell us, so we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you e.g. by giving you rights as a business.
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. Our initial order status, ‘Processed’ does not mean that a contract of sale is in place. This only means that the order has been successfully received into our system. From there on, validity and verification must take place before the contract of sale exists. Further, we reserve the right to degrade the order status from 'Pick in progress' to 'Declined' should our order become unacceptable for any reason.
Price and Payment
24. The price of the good and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the order. All of our prices are displayed and published both including VAT and excluding VAT. Our prices may change daily. We may update prices during working hours.
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.
26. You must pay by submitting your credit or debit card details with your order and we can take payment immediately or otherwise before delivery of goods.
27. We will deliver the goods to the delivery location by the time or within the agreed period or failing any agreement, without undue delay and in any event not more than 30 days after the day on which the contract is entered into.
28. In any case regardless of the events beyond our control, if we do not deliver the goods on time, you can (in addition to any other remedies) treat the contract at an end IF;
a. we have refused to deliver the goods, or if delivery on time is essential taking into account all relevant circumstances at the time the contract was made, or you said to us before the contract was made that delivery on time was essential or
b. after we have failed to deliver in time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
29 If you treat the contract at the end, we will (in addition to other remedies) promptly return all payments made under the contract.
30. If you were entitled to treat the contract at the end but do not do so, you are not prevented from cancelling the order for any goods or rejecting goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under contract for any such cancelled or rejected goods. If the goods have been delivered, you must return them to use or allow us to collect them from you and we will pay the costs of this.
31. If any goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those goods without also cancelling or rejecting the Order for the rest of them.
32. We do not generally deliver to addresses outside of England, Wales, Scotland and Northern Ireland, the isle of man and channel islands, If however we accept an order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
34. If you or your nominee fail, through no fault of ours, to take delivery of the goods at the delivery location, we may charge the reasonable costs of storing and redelivering them.
35. The goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine goods before accepting them.
All goods must be signed for.
Risk and Title
36. Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you.
37. You do not own the goods until we have accepted received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
38. You can withdraw the order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability – unless you have ordered tinted or bespoke coloured paint mixed at the business premises (please refer to 39, 40a, 47a and 52).
39. You can cancel the contract except for any goods which are made to your special requirements (the returns right) by telling us no later than 14 calendar days from the day the contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those goods. This return right is different and separate from the cancellation rights below.
40. This is a distance contract (as defined below) which has the cancellation rights (cancellation rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances;
a. goods that are made to your specifications or are clearly personalised such as mixed tints and custom made colour paints from pastel / deep/ or transparent bases produced at the business premises. We also cannot accept responsibility for ‘incorrect’ colour matches which requested are not officially supported with the license brand of paint, carried out at the request of the customer or third party such as a client of the customer.
b. goods which are liable to deteriorate or expire rapidly if not used by the date required, are opened and stored incorrectly, are stored at the wrong temperature either above or below the manufacturer’s guidelines, any additional chemicals, liquids or products that the purchaser has added beyond the manufacturer’s guidelines or third party supplier (not purchased at our stores) resulting in the product spoiling or not being ‘fit for purpose’.
41. Also, the cancellation rights for a contract cease to available in the following circumstances:
a. In case of contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
b. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to Cancellation
42. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
43. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last goods. In contract for the supply of goods over time (i.e. subscriptions) the right to cancel will be 14 days after the first delivery.
44. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement setting out you decision preferably in an email or via the electronic online form in the contact us section, but you may choose conventional forms of communication (e.g. letter sent by post, fax or email – phone calls followed up with a letter, fax or email). In any event, you must be able to show clear evidence of when the cancellation was made.
45. Once we have received and evaluated the cancellation notice, we will communicate an acknowledgement of receipt of such a cancellation in a durable medium (e.g. email) without delay.
46. To meet the cancellation deadline, it is sufficient for you to send your communication concerning you r exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
47. Except as set out below, if you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
47a. Due to the nature of bespoke tinted- colour mixed paint to spec, if you contact us after the paint has been tinted or coloured to you, the customer’s tailored personal specifications, you will be liable for the cost of the paint whether you accept delivery or otherwise. Cancellation and returns is only applicable to company mixed colours sold as is, and not any customised in house tinting at the business.
Deductions for goods supplied
48. we may make a deduction form the reimbursement for the loss of value of any goods supplied, if the loss is a result of unnecessary handling by you (i.e. handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. Eg it goes beyond the sort of handling that might be reasonably allowed in a shop) this is because you are liable for that loss, and, if the deduction is not made, you must pay us the amount for that loss.
Time of reimbursement
49. If we have not offered to collect the goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any goods supplied, or
b. (If earlier) 14 days after the day you provide evidence that you have sent back the Goods.
50. If we have offered to collect the goods or if no goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
51. we will make the reimbursement using the same means of payments as you used for initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
52. We cannot accept the return of mixed and tinted paints, refund them or exchange them.
53. If you have received goods in connection with the contract which you have cancelled, you must send back the goods or hand them over to us without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the goods.
Please report items that are damaged or missing within three (3) days of delivery.
Subject to 53. above, We'll be happy to exchange your item(s) for something else or refund your money. Merchandise must be returned in new, unused condition for a refund/exchange. A copy of the invoice must accompany all returns. A replacement item will be shipped to you once the item being returned has been received.
Shipping charges are not refundable.
54. for the purposes of these cancellation rights, these words have the following meanings;
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communications up to and including the time at which the contract is concluded.
b. Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both good and services as its object.
Conformity and Guarantee
55. We have a legal duty to supply the goods in conformity with the contract, and will not have conformed if it does not meet the following obligation.
56. Upon delivery, the goods will:
a. be of satisfactory quality
b. be reasonably fit for any particular purpose for which you buy the goods which, before the contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the contract and
c. conform to their description
57. It is not a failure to conform if the failure has its origin in your or third party materials.
Colour match requests
57a. We will make every effort to match the requested colour tint required by the client, where:
a. The colour match is an officially recognised company branded like for like (i.e. the machine, a Layland will match with licensed colour charts), where colour formulas are supplied or available.
b. We cannot guarantee unsupported colour mixes, or those not supported or unofficial to the machine supplier’s specified and licensed colour chart.
We therefore cannot accept returns or refunds on tinted or custom mixed colour paints from bases.
Please see colour accuracy and colour paint terms and conditions for more information.
Successors and our sub-contractors
58. Either party can transfer the benefit of this contract to someone else, and will remain liable to the other for its obligations under the contract. The supplier will be liable for the acts of any sub-contractors which it chooses to help perform its duties.
Circumstances beyond the control of either party
59. In the event of any failure by a party because of something beyond its reasonable control:
a. Party will advise the other party as soon as reasonably practicable and
b. the party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.
60. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regards to your personal Information.
62. For the purpose of these terms and conditions:
a. Data protection laws means any applicable law relating to the processing of personal data, including, but not limited to the directive 95/46/EC (Data Protection Directive) or the GDPR.
b. GDPR means the General Data Protection Regulation (EU) 2016/679
c. Data controller, personal data and processing shall have the same meaning as in the GDPR
-We are a data controller of the personal data we process in the providing the goods to you.
63. Where you supply Personal Data to us so we can provide goods to you, and we process that personal data in course of providing the goods to you, we will comply with our obligations imposed by the data protection laws:
a. before or at the time of collecting personal data, we will identify the purposes for which information is being collected;
b. we will only process personal data for the purposes identified;
c. We will respect your rights in relation to your personal data and;
d. we will implement technical and organisational measures that a CMS system will allow to ensure your personal data is secure.
64. For any enquires or complaints regarding data privacy, you can contact a member of the team at the following email address: email@example.com
We are not responsible for any data collected through third party web applications, such as payments processed by third party merchant processors/authorisers such as PayPal or World Pay.
65. The supplier does not exclude liability for: (I) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (I) Loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (e.g. loss of profit) to the customer’s business, trade, craft or profession which would not be suffered by a Consumer because the supplier believes the customer is not buying the goods wholly or mainly for it’s business, trade, craft or profession).
Governing Law, Jurisdiction and complaints
66. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
67. Disputes can be submitted to the jurisdiction of courts in England and Wales, or where the customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
68. We try to avoid any dispute, so we deal with complaints as follows: “If a dispute occurs customers should contact us directly. We will aim to respond with an appropriate solution within 7 business days.
Compliance with the Law
69. In accordance with the law, it is not possible to sell knives and some solvent based products eg. varnishes where products may be misused without proof of Identification. Where possible we will show the available products within the store but purchase through the store is not possible.
70. We take every step to perform due diligence but mistakes happen. If an item that is sold is required ID by law, we reserve the right to cancel the item, we will however notify you in due haste by email or by telephone (if your details are registered). We can only sell items which require proof of ID face to face through the trade counter. For further clarification, please email us at: firstname.lastname@example.org or use the online contact form on the contact us page.
71. We may revise the terms and conditions at a later date either through necessary compliance and changes with the law, internet policies and laws, GDPR and data protection and consumer / vendor obligations as and when they are implemented and amended. We reserve the right, in acting accordingly and performing due diligence, to adapt the terms and conditions.
Mistakes, Errors and Changes
72. On occasion, an item may have mistakes in the description or mispriced, either through system error, a change of price or by oversight. If you purchase a mispriced item we reserve the right to cancel the contract / sale. Will will notify you immediately and will also notify you when the product has been re-instated without error and with the correct price and details.
Intellectual Property and Copyright
73. All text and images on this website remains either the copyright of Trade Paint Colchester LTD, or the copyright of the paint manufacturer. Usage of any of this material is prohibited, unless authorised by the copyright holder. Trade Paint Colchester Ltd is authorised to use all images that are used on this website.
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.
Risk and title change
74. Risk of loss and damage of products is assumed by you from the moment the product(s) are delivered.
Colour Accuracy Terms & Conditions
75. We've made every effort to make the colours appearing on screen as close as possible to those sold by us that you will actually use. Unfortunately, we cannot guarantee an exact colour match to the screen colour, colour card or any other paint. The colour appearing on screen should not be relied upon as being accurate. Paint swatch colours will vary depending on your screen settings.
76. Please call the office on Tel 01206 233714 as a number of colour swatches have a code that is accurate than looking on the screen as pixel will dislocate the colour to the finished article you receive
Colour and Paint Terms & Conditions
77. Specific colours entered by customers online,, that are from a recognised designer range of colours, will be supplied with the "closest visual colour" from the selected manufacturer’s own listed range of colours and shades. This will be carried out by eye and is a subjective decision by Trade Paint Colchester Ltd
78. 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.
79. 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. Each colour is made to order and therefore cannot be restocked.
All paints on our website will be mixed to order unless specifically stated otherwise.
Paints purchased from other suppliers will not necessarily match those supplied by Trade Paint Colchester LTD and ready mixed versions of a paint will not match a mixed to order colour of the same name, number or code. 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.
80. 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.