1.1 What these terms cover. These are the terms and conditions on which we supply products to you as a consumer. If you are a trader, represent a business or other professional wishing to purchase products from us, these terms do not apply to you, please see our Terms and Conditions of Business.
1.2 Why you should read these terms. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Cole & Son (Wallpapers) Limited, a company registered in England and Wales. Our company registration number is 00335313 and our registered office is at Lifford House, 199 Eade Road, London, N4 1DN, England. Our registered VAT number is 761536525.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0)208 442 8844 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How you place an order. By submitting your order, you are committing to buy and pay for the products in your order. This is an offer from you to enter into a contract with us to buy the products in your order. The contract is subject to these terms and you will be asked to confirm that you accept these terms when placing your order.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you with an order acknowledgment, at which point a contract will come into existence between you and us. The order acknowledgment will confirm the products you ordered and the delivery information you have provided. Please contact us as soon as possible if there are any errors in the order acknowledgment.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only deliver wallpaper rolls and cut fabrics to the UK. Unfortunately, we do not accept orders for these items from addresses outside of the United Kingdom.
3.5 We only supply the products for domestic and private use. You may not buy products for business and/or resale purposes. If you want to buy products as a business customer, please contact us or login to our trade website.
3.6 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because of the techniques we use to manufacture our products, some designs, weights, and measurements may vary slightly from what is indicated on our website.
4.2 Samples. Samples are available to order worldwide for all of our wallpaper and fabric products and provided in A4 format, excluding samples of select products which may be provided in A3 format. All fabric samples are provided in A5 format. Details of charges are provided on each product page.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.4 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
5. CHANGES TO YOUR ORDER
5.1 Your rights to make changes. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 Our right to make minor changes to the products. We may change the product or these terms:
(a) to reflect changes in relevant laws and regulatory requirements, such as a change in the chemicals that we are allowed to use in our products; or
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6. PRICE AND PAYMENT
6.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However, please see clause 6.3 for what happens if we discover an error in the price of the product you order.
6.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
6.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
6.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard and American Express. We will charge your credit or debit card when you place your order with us..
6.5 We can cancel your order if your order cannot be charged. If the amount due from you for your order cannot be debited or charged, for whatever reason, your order may be cancelled and we will notify you using the contact details you provided during the order process.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery payable by you will be as displayed to you on our website. This includes orders delivered via our Diamond Service.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will contact you with an estimated delivery date. Your order will be dispatched the next working day after the day on which we accept your order, at the latest.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier will leave you a note informing you of how to rearrange delivery. If you have selected same day delivery via our Diamond Service, our driver will attempt to contact you via the phone number provided at the time of ordering.
7.5 If you do not re-arrange delivery. If you fail to take delivery of your order such that your order is sent back to us by the carrier or via our Diamond Service, and you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 9.2 will apply.
7.6 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us for delivery.
7.7 When you own the product. You own the product once we have received payment in full.
7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product as requested by you or notified by us to you (see clause 5).
7.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, in accordance with clause 7.8, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, for a period of more than 14 days and we will refund any sums you have paid in advance for the product.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11.
8.2 Ending the contract because of something we have done or are going to do. If you are ending the contract because:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(d) you have a legal right to end the contract because of something we have done wrong,
the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right as a consumer to change your mind within 14 days after the date you receive the products and receive a refund unless you fall within any of the situations listed under clause 8.4. If the products you ordered in one single order are split between multiple deliveries, the 14 days start from date of the last delivery.
8.4 When you do not have a right to change your mind. Your right as a consumer to change your mind does not apply in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) products supplied according to specifications you provided, which we do not offer as standard (this includes cut to measure fabrics and any other bespoke order); or
(c) any products which become mixed inseparably with other items after their delivery.
8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.4), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you do not have a right to change your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.6 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on +44 (0)208 442 8844 Monday to Thursday from 9am to 5:30pm and Friday from 9am to 5pm or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off your original order confirmation and post it to us at: Cole & Son (Wallpapers) Ltd, Lifford House, 199 Eade Road, London N4 1DN. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.7 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us unless:
(a) the products were sealed for health protection or hygiene purposes;
(b) the products were ordered according to specifications you provided, which we do not offer as standard (this includes cut to measure fabrics and any other bespoke order); or
(c) the products were handled, altered, modified or used in any way after delivery.
8.8 How to return products to us. If you wish to return products to us in accordance with clause 8.2, please call Client Services on +44 (0)208 442 8844 or email us at firstname.lastname@example.org before doing so. You must return the products to us within 14 days of the day you informed us of your decision to end the contract and post them back to us at: Cole & Son (Wallpapers) Ltd, Lifford House, 199 Eade Road, London N4 1DN.
8.9 When we will pay the costs of return. You will be responsible for paying the costs of return, unless the products are faulty.
8.10 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.11 When we may make deduction from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling, altering, modifying or other use of the products. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount, which may be the full amount of the price you paid for the relevant products (excluding standard delivery costs); and
(b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 2-3 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.12 When your refund will be made. We will make any refunds due to you as soon as possible and within 14 days from the day on which we receive the product back from you unless we write to you to inform you that you are ineligible for a refund as set out in clause 8.7.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time, allow us to deliver the products to you; or
(b) we withdraw the product. We will inform you in writing in advance of the estimated delivery date of our stopping the supply of the product.
9.2 If we end the contract in the situations set out in clause 9.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs incurred by us.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us using the contact details provided in these terms.
11. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
11.1 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights as a consumer.
Your legal rights. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. For detailed information regarding your legal rights as a consumer please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
11.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call Client Services using the contact details provided these terms for a return label or to arrange collection.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use, and the products are not to be re-sold by you to any third party. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.