|TERMS AND CONDITIONS OF SALE:
1.1. These terms and conditions ("Terms") explain your rights and obligations in relation to this web site located at www.catchincolour.co.uk ("Site") and any goods purchased through this Site. Please read them carefully. You may have other rights granted by law and these Terms do not affect these. If there is anything you do not understand then please contact us.
1.2. This Site is operated by CatchinColour ("we", "our" or "us"). Our Registered Office is: 19 Woolbrook Road, Breaburn Park, Dartford Heath, Kent DA1 3RA. You can telephone us on 0871 288 1820 or fax us on 0871 433 7368.
1.3. We may change the Terms at any time by posting such changes on the Site. Your continued use of the Site after notice of changes shall mean you are bound by the new terms.
2. USE OF THE SITE
2.1. The content of and copyright in the Site is owned by or licensed to us. You are permitted to view or print individual pages for your own personal use. Any other use must be with our prior written permission.
2.2. We reserve the right to suspend, restrict or terminate your use of this Site at any time.
3. PURCHASING FROM US
3.1. The Site and the goods sold through it are subject to change without notice and we reserve the right to improve, alter or modify designs without prior notification. We will inform you of any changes tothe advertised goods prior to despatch of such goods. If you are unhappy with these improved, altered or modified goods you may inform us within 7 days, starting on the day after the goods are delivered to you. In order to receive a refund, the goods must be returned in their original unused condition and with all packaging in tact, together with your receipt. We recommend that you retain all of the original packaging until you are sure that you intend to keep the goods. An administration fee of £15.00 per canvas panel will be charged for all returns for refund. (Please note: The administration fee will only be charged if the item is not faulty, or doesn't differ significantly from the advertised goods.) Please see our specific 'Delivery & Returns Policy' which forms an additional part of these 'Terms and Conditions of Sale'.
3.2. Whilst we try to display goods on our Site that are held in stock, if the ordered goods are not available we will advise you of this as soon as reasonably possible. You will be given the option of ordering an alternative product or receiving a full refund.
3.3. By submitting your order you are offering to buy the goods and allowing us to use your personal details for the purposes of supplying goods (including passing your details on to couriers and other subcontractors).
3.4. We are not obliged to supply the goods to you until we have confirmed that we have accepted your order and received payment in full. Your order will be deemed to have been accepted when we despatch to you the goods which form the subject matter of your order. We may at our total discretion reject your order.
3.5. All drawings, specifications, sizes, photographs, descriptive matter and advertising published by us or contained on our Site are issued only for giving an approximate idea of the goods described in them and colours shown are intended as a guide only. They do not form part of the Terms.
4.1. All prices are in British Pounds and include Value Added Tax where applicable. We reserve the right to adjust the VAT element if this changes from 17.5%. The cost of transporting goods ("Carriage & Insurance Costs") are as set out within our 'Delivery & Returns Policy' and are based on the shipping location. These Carriage & Insurance Costs shall be added to the price to be paid by you.
5.1. We aim to despatch goods within 2-3 days from receipt of your order and deliver goods to you within 1 working day from despatch, however we cannot give an exact delivery date or time of day. If we are unable to deliver the goods within 30 days of receiving your order, we will inform you, then if you wish, you may cancel the contract and we will refund any money paid by you.
5.2. Please see additional information contained within our 'Delivery & Returns Policy' which forms an additional part of these 'Terms & Conditions of Sale'
6. DAMAGED OR DEFECTIVE GOODS
6.1. You should inspect the goods when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible before using the item and refer to our 'Delivery & Returns Policy' for instructions on how to return an item.
6.2. It should be noted that it is possible on darker prints to experience some minor cracking in the canvas at the extreme edges where it is stretched over the frame. This is a natural defect in the material and is unavoidable. We will consider any claim for excessive cracking on its merits and will do our utmost to satisify any complaint made.
7. LIMITATION OF LIABILITY
7.1. WE DO NOT LIMIT OUR LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.
7.2. ALL REASONABLE EFFORTS HAVE BEEN MADE TO TRY TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE IS CORRECT AND UP TO DATE. HOWEVER, WE CAN NOT GUARANTEE THIS IS THE CASE AND WE SHALL NOT BE LIABLE FOR INACCURACIES OR FOR YOUR RELIANCE ON INCORRECT OR OUT OF DATE INFORMATION. WHILST WE WILL TRY TO TAKE ALL REASONABLE STEPS TO PROTECT YOUR PERSONAL DETAILS, WE CANNOT GUARANTEE THE SECURITY OF ANY DATA YOU DISCLOSE ON-LINE AND WILL NOT BE RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS THIS IS DUE TO OUR NEGLIGENCE. WE DO NOT HAVE ANY LIABILITY TO YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE. WE WILL NOT BE LIABLE TO YOU FOR ANY UNFORESEEABLE LOSSES.
7.3. WE WILL BE EXCUSED PERFORMANCE OF ANY OF OUR OBLIGATIONS IF CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL OR BEYOND THE REASONABLE CONTROL OF OUR SUPPLIERS, INCLUDING WITHOUT LIMIT INDUSTRIAL DISPUTES, WAR, FLOOD AND CHANGES IN LEGISLATION.
7.4. SAVE AS SET OUT IN CLAUSE 7.1, OUR LIABILITY TO YOU FOR:
7.4.1. DAMAGE TO PHYSICAL PROPERTY CAUSED BY OUR NEGLIGENCE OR BY THE GOODS SHALL NOT EXCEED £5,000 PER EVENT OR SERIES OF CONNECTED EVENTS;
7.4.2. SUBJECT TO CLAUSES 7.1 AND 7.4, THE AGGREGATE OF ALL CLAIMS ARISING IN CONNECTION WITH THE GOODS (WHETHER DUE TO BREACH OF CONTRACT, OR NEGLIGENCE, OR OTHERWISE) SHALL NOT EXCEED THE PRICE PAID BY YOU IN RESPECT OF THE GOODS THAT ARE THE SUBJECT MATTER OF THE CLAIM IN QUESTION.
7.5. EXCEPT AS SET OUT IN PARAGRAPH 5 ABOVE OR AS OTHERWISE SET OUT IN THIS AGREEMENT, WE DISCLAIM ALL TERMS, CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED) TO THE EXTENT PERMISSIBLE BY LAW.
8. OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
8.1. Any personal details you provide to us are kept and processed in accordance with our Privacy Statement.
8.2. This Site may contain links to other web sites not under our control. We accept no responsibility or liability for the content or availability of those sites.
8.3. We may not necessarily keep a copy of these Terms and your order. We advise you to print a copy of them for your information in the future.
8.4. If any section of the Terms are held by a Court or other competent authority to be unenforceable then that section shall be considered deleted and not apply but the rest of the Terms will.
8.5. This agreement between us is personal to us and no other person who is not party to these Terms shall be entitled to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999 (or any analogous laws).
8.6. The Terms are the entire terms and conditions between us in relation to your use of this Site and any purchase made over the Site and no other terms, conditions or representations made by us and any of our employees or agents (unless made fraudulently) shall apply.
8.7. The Terms shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.
8.8. If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the contract and receive a refund. You must inform us if you wish to cancel within 7 days, starting on the day after the goods are delivered to you. This policy does not apply to products such as 'Your Image on Canvas' or custom size prints not listed on our website, as these are made specifically to customer requirements. If you choose to cancel then the goods must be returned to us in their original unused condition and with all packaging in tact, together with your receipt. Please note that an administration fee of £15.00 per canvas panel will be charged for all returns. This will not be charged if the goods are found to be faulty. Carriage & Insurance Costs can only be refunded if the goods are faulty. Please refer to our Delivery & Returns Policy' for full details on how to return an item.