1. Introduction to these Online Terms
1.1 Definitions
To make this document easy to read, We have defined some of the words. If a word begins with a capital letter then this means that the word has been defined. A list of the defined words is set out below:
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Contract |
any contract between You and Us for the sale and purchase of Goods which you have ordered through the Website, incorporating these Online Terms; |
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Goods |
the goods which are available for purchase on the Website; |
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Online Terms |
these Online Terms and Conditions of Sale; |
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We / Our / Us |
Tor Coatings Limited t/a Rust-Oleum Europe which is registered in England (company number 04503854) and whose registered office is at Computershare Governance Services The Pavilions, Bridgwater Road, Bristol, United Kingdom, BS13 8FD. Our VAT number is GB309479573. Our trading address is at 21 White Rose Way, Gateshead NE10 8YX; |
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Website |
www.rustoleumcolours.co.uk |
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You / Your |
you as Our customer, either as an individual or on behalf of your employer. When we refer below to "consumers" this term means (i) a natural person who enters into a contract not directly related to his/her business or professional activity; as well as (ii) a natural person (individual) owning and running his/her own business who enters into a contract being outside of its business activity. |
1.2 How do these Online Terms work?
The Online Terms define the rules applicable to the sale of Goods available for purchase on Our Website.
You must be at least 18 years old to place an order for Goods via the Website and to accept the Online Terms before placing any order.
We may need to make changes to these Online Terms in the future, for example to reflect changes in relevant laws and regulatory requirements or changes to the Website or Goods.
We will inform You as soon as possible (in any event no later than within 7 days before the change comes into force) of any changes to our Online Terms by email and directly on the front page of Our Website. For the avoidance of doubt, we confirm that the amended provisions will apply to orders placed after the effective date of the changes to the Online Terms, and will not apply to orders places before the changes came into effect.
If You do not agree with the new version of the Online Terms, You have the option of not placing any more orders.
If You are buying as a consumer or as a business which is not covered by the paragraph below, then only these Online Terms apply to Your purchase of Goods from Our Website.
If You are buying as a business and, on the first occasion that You ever make a purchase through the Website, You have previously contracted with Us for offline purchases of products on Our General Terms and Conditions of Sale, then:
a) only the following clauses of these Online Terms apply to Your Contract: (1) Introduction to these Online Terms; (2) Goods description and price; (3) Placing Your order; (4) How to pay; (5) Delivery; (6) Ownership of Goods; and (11) How to contact Us; and
b) the Contract will otherwise incorporate the version of the General Terms and Conditions of Sale that is current at the time of Your order, except that the following clauses in those General Terms and Conditions of Sale will be overridden by these Online Terms: Payment; Risk and Title; Shipments/Freight Costs; and Entire Agreement.
If You are buying on behalf of Your company or organisation, You warrant that You have the authority to act on behalf of such company or organisation.
1.3 What is in these Online Terms?
These Online Terms tell You who We are, how We will provide Goods to you, how You and We may change or cancel the Contract, what to do if there is a problem, and other important information.
Please read these Online Terms carefully and make sure that You understand them, before ordering any Goods from the Website.
You should print a copy of these Online Terms for Your future reference.
Please note that our Terms of Use and Cookies Policy also apply to Your access and use of the Website, and our Privacy Policy applies to Our use of Your personal information. We recommend that You read these carefully.
2. Goods description and price
We provide images of each Good available on our Website and a description sheet with its essential characteristics.
The images of the Goods on the Website are for illustrative purposes only and do not form part of these Online Terms.
Although We make every effort to ensure that the images of the Goods on the Website are as accurate as possible, We cannot guarantee a perfect similarity between the images on the Website and the Goods delivered.
Please refer to the description sheet for each Good to find out the precise characteristics, to ensure that they meet Your needs.
The price of the Goods You order will be as shown on the Website before You add the goods to Your basket.
The price of the Goods and delivery charges are inclusive of VAT, the VAT being the one in force in the relevant country in which you reside on the day the order is placed.
The price of the Goods does not include the cost of delivering the Goods. The delivery charges applicable to Your order will be shown on the checkout page.
Whilst We try to ensure that all descriptions and prices are accurate and are kept up to date, errors may occur. Subject to applicable law, if We discover an error in the price (where this error is obvious and significant) or description of the Goods You have ordered, We will let You know as soon as reasonably possible. We will then offer You the option of reconfirming Your order or cancelling it in exchange for a full refund.
3. Placing Your order
3.1 What should You do before placing an order?
You can select the quantity and type Good(s) you wish to purchase on our Website and add them to Your basket by clicking on the "Add to basket" button.
At any time You can check the Goods You have added to Your basket by clicking on the "Basket" section, continue Your selection of Goods by clicking on the "Continue shopping" button or proceed with Your order by clicking on the "Confirm my basket" button.
You will have an opportunity to check and correct any input errors in Your order up until the point at which You place Your order on the checkout page. Please take the time to read and check Your order carefully at each stage of the process.
After clicking on the "Buy now" (or similar) button, You can choose the delivery method from the options available on the Website.
Please make sure that You provide correct and accurate and up-to-date information when You place Your order. In case of modification of such information, please inform Us as soon as possible. This is essential to enable Us to contact You, including if We have any questions or to update You on any changes.
You will then have access to the summary of Your order, which You can still modify.
After that You will be asked to confirm Your order by clicking on the "Buy now" (or similar wording) button, select the payment method among those proposed and enter the required payment data.
You are invited to read the Online Terms carefully and accept them by ticking the box "I accept the general terms and conditions" and clicking on the confirmation button.
In order to finalise Your order, You will need to click on the "Buy Now" button.
3.2 When is Your order accepted?
When You place Your order, this represents an offer from You to purchase Goods from Us. We’ll send You an acknowledgement email promptly to confirm that We’ve received Your order. This does not mean that We have accepted Your order. This email acknowledges Your order but does not constitute legally binding acceptance.
The acknowledgement email will include certain key information which We are required to send to You before a legally binding Contract is formed. The key information is important as it will form part of the Contract. We cannot change that key information once a legally binding Contract has been formed unless You agree to it.
Your order will be accepted when We email You to accept Your order. The acceptance email will attach these Online Terms.
The legally binding Contract is formed at the time you receive the email confirming that We accept Your order. We will then be required to send the Goods to You.
Please note that You do have the right to cancel the Contract and We have set out how You can do that below (see the heading "Your cancellation rights").
3.3 Can We reject an order?
Sometimes We may need to reject an order. When this happens, We will let You know as soon as possible [but in any event before we email You to confirm your order has been accepted].
4. How to pay
4.1 What payment methods do We accept?
You can only pay for Goods ordered through the Website by debit or credit card. The details of the credit cards, and debit cards we accept are set out on the Website. We may make other payment methods available in the future.
All payments by debit or credit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via Verified by Visa, Mastercard®SecureCodeTM, or American Express SafeKey.
In order to pay, You must provide Us with bank details such as the identity of the cardholder, the card number and depending on the type of card, the expiry date as well as the cryptogram number.
All bank details You give Us are subject to secure processing, by using an encrypted secure payment mechanism: there will be automatically encrypted and directly sent in secure mode to the bank service provider, meaning that We will not have access to Your bank details.
4.2 When do We take payment?
We’ll take payment for Your order, including delivery charges, from Your debit or credit card at the time You place Your order. However, this doesn’t mean that Your order has been accepted. Your order is accepted once you have received the acceptance email. If We reject Your order for any reason, or We can’t supply the Goods You’ve ordered, We’ll credit Your payment card with a full refund.
4.3 What happens if You haven't paid and We have already delivered Goods?
If Your payment is not received by Us and You have already received the Goods, You:
a) must pay for the Goods within 30 days; or
b) must return them to Us as soon as possible no later than 14 days of Our request.
If you choose to return the Goods, You must keep the Goods in Your possession, take reasonable care of them (including ensuring that You follow any instructions or manuals given with the Goods) and not use them before You return them to Us. If You do not return any Goods We may collect the Goods from You at Your expense. We will try to contact You to let You know if We intend to do this.
5. Delivery
5.1 How do We deliver Goods?
We (or Our third-party courier) will deliver the Goods to You at the address You have given in the checkout process.
We’ll always try to make one single delivery where possible, to minimise inconvenience. However, this may not always be possible, and we may need to deliver the Goods in instalments.
All deliveries must be received and signed for by a person aged 18 or over.
If no one is available to take the delivery, Our courier will attempt re-delivery or give you instructions on collection in accordance with their terms and conditions. Any additional charges for redelivery will be subject to the terms and conditions of the individual courier.
5.2 When do We deliver Goods?
Delivery information and options for Your selected Goods is available on the Website and You will select Your delivery options prior to placing your Order for the Goods.
Where Your order contains a mix of Goods with different delivery lead times, the longest lead time will always apply to the entire order.
The acceptance email that You receive will including tracking information for the delivery of Your order and links so You can liaise with the courier for delivery.
Delivery dates are given in good faith but are estimates only. On occasion, We may have to change or cancel delivery dates or times at short notice. We’ll always try Our best to meet the estimated delivery timescales We give You.
Unless You and We agree otherwise, if We cannot deliver the Goods within 30 days, We will:
a) let You know;
b) cancel Your order; and
c) give You a refund within 14 days of the cancellation of Your order.
5.3 What happens if Goods are out of stock?
All Contracts are subject to stock availability and We will try to tell You immediately once we We know that We can’t supply one or more of the Goods that You’ve ordered. We will give You a refund for any such Goods by crediting Your payment card, unless You accept alternative Goods.
Where We offer alternative Goods, this is a suggestion only. You are responsible for determining whether any alternative Goods offered to You are suitable for the purposes for which You intend to use them.
5.4 What happens if there are delays outside Our control?
If something happens which is outside of Our control and affects the date of delivery, We will contact You as soon as possible to let You know and do what We can to reduce the delay. As long as We do this, We won't compensate You for the delay.
But if the delay is likely to be substantial (over 30 days), You can contact Us to cancel the Contract and receive a refund within 14 days of the cancellation of Your order.
5.5 What happens if You are not there to take delivery?
If You keep Our delivery service waiting or they are unable to deliver the Goods the terms and conditions of the individual courier responsible for the delivery service will apply. .
6. Ownership of Goods
6.1 From what point are You responsible for the Goods?
You are responsible for the Goods when delivery has taken place. In other words, the risk in the Goods passes to You when You take delivery of the Goods.
6.2 When do You own the Goods?
All Goods ordered by You will remain Our property until We have delivered the Goods to the address You have given. If We have not received payment in full for the Goods prior to their delivery, then the Goods will remain Our property until such time as payment is received in full.
7. Warranty and repairs
7.1 What do We promise You about the Goods?
By law, We are required to supply Goods which are as described by Us, fit for purpose and of satisfactory quality and comply with legal requirements. We have given You certain warranties about the Goods below. A summary of Your key legal rights is set out in the table at the end of this clause.
We warrant that the Goods:
a) conform to the description of the Goods advertised on the Website;
b) are of satisfactory quality, comply with legal requirements, free from defects in materials and workmanship, and fit for their intended purpose;
c) are free from design and other inherent defects;
d) comply with all relevant legislation in the relevant jurisdiction in which you reside;
e) do not infringe the intellectual property rights of any third party; and
f) are properly labelled, packaged, marked and described in accordance with the order and will be properly packed and secured in such a manner so they reach their destination undamaged and in good condition.
7.2 What can You do if We break Our promise?
If we have broken one of our promises above, please contact Us if You want:
a) Us to repair the Goods;
b) Us to replace the Goods;
c) a price reduction; or
d) to reject the Goods and get a refund.
You may also ask Us to repair or replace the Goods that are not in conformity which the Contract or that show defects. If repair and replacement are not possible, You may return the Goods and have the price refunded or keep them and have part of the price refunded.
If You notice a lack of conformity or hidden defect, You may trigger the legal guarantee of conformity or the legal guarantee of hidden defects by first contacting Us.
All requests must be accompanied by photos and a description justifying the application of the guarantee of conformity or hidden defects.
The legal guarantee of conformity allows You to ask Us to repair or replace the Goods that show defects within 24 months of delivery. If repair and replacement are not possible, You may return the Goods and have the price returned or keep them and have part of the price returned.
You may enforce the legal guarantee of hidden defects within 2 years from the discovery of the hidden defect. You may (a) keep the Good(s) and ask for a reduction in price or (b) return the Good(s) and ask for a refund of the price paid and the costs incurred by the sale.
See also the section headed "Your cancellation rights" below on Your rights to cancel.
All of your statutory rights remain unaffected hereby.
8. Your cancellation rights
8.1 Can You change Your mind?
You can cancel Your order for the Goods at no cost, at any time before We dispatch the Goods.
You may also cancel Your order for the Goods within 14 days from the date of delivery of the Goods without giving any reason. If We have delivered the Goods in instalments, the period of 14 days starts from delivery of the last instalment.
However, You cannot change Your mind about Goods that are personalised or otherwise made to Your specifications.
8.2 What do You need to do if You want to cancel?
To exercise Your right of cancellation, You must:
a) inform Us (using the contact details on the Website – see below under the heading "How to contact Us") of Your decision to cancel the order by a clear statement (e.g. a letter sent by post or email).
b) if You have received the Goods relating to the order You wish to cancel, return those Goods to Us at the address stated on the delivery note provided with the Goods without undue delay and in any event within 14 days from the day on which You communicate Your cancellation to Us.
The deadline is met if You post the Goods before the 14 day period has expired.
You will have to bear the direct costs of returning the Goods.
To meet the cancellation deadline, it is sufficient for You to send Your notice of cancellation before the cancellation period has expired. If You send Us a notice of cancellation by post and/or return Goods to Us, We advise You to keep proof of postage.
8.3 What will We refund if You cancel?
If You decide to cancel Your order before dispatch, We will reimburse You for all payments which We have received from You in relation to Your order.
If You decide to cancel Your order after delivery (and within the cancellation period), We will reimburse You for all payments which We have received from You in relation to Your order (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us).
If You have received the Goods prior to cancelling Your order, You must take reasonable care of the Goods and You can only do what is necessary to establish the nature, characteristics and functioning of the Goods. If You handle the Goods in a way which would not be acceptable in a store, We can reduce Your refund, to compensate Us for the reduced value. You will bear the direct cost of returning the goods.
8.4 When and how will You get Your refund?
We will make the reimbursement without undue delay, and no later than:
a) 14 days from the date We have been informed of Your decision to withdraw. Reimbursement may be deferred until We receive back from You the Goods supplied or until You have provided proof of the shipment/delivery of the Goods;
b) if no Goods were supplied to You, 14 days after the day on which We are informed about Your decision to cancel the order.
We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise. In any event, You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until We have received the Goods back or You have supplied evidence of having sent the Goods back, whichever is the earliest.
9. Our liability to You
9.1 Nothing in these Online Terms excludes or limit Our Liability (if any) in the event of:
a) death or personal injury caused by Our negligence, act, or omission;
b) fraud;
c) fraudulent misrepresentation; or
d) any matter which it would be illegal for Us to exclude or attempt to exclude Our liability.
Unless prohibited by applicable law, We are only liable to You for losses which You suffer as a direct result of Our breach of these Online Terms and which are reasonably foreseeable. We are not liable for any other losses.
We are not responsible to You for any business losses that You may incur (including but not limited to lost profits, lost revenues, business interruption or lost data).
We are not responsible to You if You do not comply with Our Online Terms.
We are not responsible for any breach of any of Our obligations caused by an event outside of our reasonable control (as defined by Article 1218 of the French civil code and case law or Article 5.226 of the (new) Belgian Civil Code and case law). In such case, We will promptly inform You. If the event lasts more than 30 thirty days, You will be able to cancel the order and We will refund You as soon as possible.
You may have other rights granted by law and these Online Terms do not affect these.
10. Other important terms
10.1 What if We delay in enforcing the Contract?
Even if We delay in enforcing the Contract, We can still enforce it later. We might not immediately chase You for not doing something (like paying) or for doing something You're not allowed to, but that doesn’t mean We can't do it later.
10.2 Is it possible to transfer the Contract to someone else?
You may not transfer any of Your rights or obligations under the Contract to any other person.
We may transfer any of Our rights and obligations under the Contract to any person or ask any person to fulfil any aspect of it, provided that in Poland and Belgium We can only do so if You consent and so long as the performance of the Contract is not affected. Any transfer does not impact the execution of the Contract and your guarantees under it.
10.3 Does anyone else have rights under the Contract?
Only You and Us have any rights and obligations under the Contract. No other person shall have any rights under the Contract.
10.4 What happens if a court invalidates some of the Contract?
Subject to applicable law, if a court finds any part of the Contract and/or these Online Terms to be invalid or unenforceable, then, to the extent that it is invalid or unenforceable, the part in question will be treated as if it has been removed from the contract and/or these Online Terms. If this happens, the remaining parts of the Contract will continue to apply.
10.5 Can You use Our intellectual property?
You may not use Our (or members of Our group’s) trademarks or intellectual property without Our prior written consent.
10.6 How do these Online Terms affect Your legal rights?
If You are a consumer then nothing in these Online Terms will affect Your statutory rights.
If you are a resident in Belgium and qualify as a consumer under Article I, 1.2° of the Belgian Code of Economic Law, Your statutory rights will remain unaffected and unrestricted by anything stated in these Online Terms.
10.7 Language of Online Terms
These Online Terms are only available in the relevant language of the country in which you reside. No other languages will apply to these Online Terms.
10.8 What happens if there is a dispute?
If You are unhappy with anything please contact Us so We can resolve the matter.
However if We cannot resolve the dispute using Our internal complaint handling procedure You may wish to go to court. These Online Terms and all contracts entered into under these Online Terms are governed by the relevant law of the country in which you reside.
You are entitled to bring any legal proceedings relating to these Online Terms before the competent court of your place of residence or the competent court of Our place of business. If We seek to enforce any of Our rights against you as a consumer, We may do so only in the courts of the jurisdiction in which you are a resident.
Any dispute relating to the interpretation, execution or breach of the Online terms and/or the contractual relations between You and Us will be subject to the sole jurisdiction of the relevant court, notwithstanding multiple defendants and/or third party claims, including for emergency or protective measures in summary proceedings or by petition. The competent court in the event of a dispute will be that of the place of residence of the defendant.
If you fall under the definition of a consumer as stated in Article I, 1.2° of the Belgian Code of Economic Law, then Article 624 of the Belgian Judicial Code will be applicable. This is without prejudice to the application of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
In accordance with applicable laws, We are not prepared and obligated to take part in dispute resolution proceedings. You have access to the consumer dispute resolution platform set up by the European Commission at the following address: https://ec.europa.eu/consumers/odr/. You may reach us under the contact us section of the website This link is provided for information purposes only We are not obliged to participate in online dispute resolution.
11. How to contact Us
All of Our contact details are available on the Website.