Terms & Conditions

Our Terms & Conditions are as follows:

1. Definitions

• 1.1 Business Day: a normal working day, i.e. other than a Saturday, Sunday or Public Holiday
• 1.2 Conditions: Terms and conditions set out in this document that may be amended from time to time and will be updated on the website.
• 1.3 Contract: the legal agreement of sale between Harmony Paints and the customer.
• 1.4 Customer: the person or organisation who purchases goods from Harmony Paints.
• 1.5 Delivery location: the address given by the customer. If payment is paid via PayPal, then goods will be delivered to the address given on PayPal.
• 1.6 Goods: the goods (or any part of them) set out in the order.
• 1.7 Order: the Customer’s order for the goods submitted by the customer online via the website or by telephone.
• 1.8 Bespoke: any product manufactured to specification given by the customer.
• 1.8 Website: the website accessible at harmonypaints.co.uk

2. Orders

• 2.1 The request for goods you place via the website constitutes an offer to purchase the goods in accordance with these conditions.
• 2.2 The customer is responsible for ensuring that the order and specification offered is accurate.
• 2.3 The order shall only be deemed accepted by Harmony Paints when you have paid for the goods, monies received by Harmony Paints and the goods have been dispatched. Any email, order confirmation or other electronic acknowledgement by us of receipt of an order does not constitute legal acceptance by Harmony Paints of your order.
• 2.4 All orders placed via the website are subject to stock availability or custom orders as per our website. In the unlikely event that you can place an Order for an item that is not going to be available from stock or cannot be custom made, Harmony Paints will contact you as soon as possible. You will have the option to wait until the items are available from stock or to cancel your order. In these circumstances, upon cancellation, you will be refunded in full.
• 2.5 Harmony Paints currently only delivers within the UK. Harmony Paints will only accept orders originating from and delivery to countries detailed in our delivery section. We only deliver to specified areas in the UK. Areas outside of the designated area require a surcharge
• 2.6 Harmony Paints will retain details of your order in our database and these details can be made available to you upon written request.
• 2.7 Where the customer has been directed to the Website because of a third-party site, these sites are independent from Harmony Paints and Harmony Paints is not responsible or liable for such sites.

3. Product Information

• 3.1 Products are described on the website or in the specification documentation. Harmony Paints reserves the right to amend the product description if required.
• 3.2 Representations of colour online are as accurate as photographic and electronic processes will allow. Please note that colour online can also be affected by different output devices. This is why we ALWAYS recommend you order a hand painted colour chart or large colour swatch before ordering any paint samples.
• 3.3 All weights and paint sizes are supplied as a guide only and are approximate.
• 3.4 If you are in any doubt about our products you should seek technical advice before using any products using the relevant data sheets and take any necessary safety precautions. Harmony Paints accepts no liability for any loss, damage or injury using our products.
• 3.5 If there are any errors regarding price or description of our products, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered and you will not be bound to continue with your purchase. You will be given the option to proceed with this revised order at the correct price or description or to cancel the original order. Upon cancellation, a refund will be made in full and processed by us within 5 business days. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.

4. Price Information

• 4.1 The price of the goods is the price set out on the website. All prices are shown in Pounds Sterling. The price of the goods is exclusive of postage and these charges will be added on separately at the end of each order.
• 4.2 We may do offers from time to time. The prices shown are only applicable to purchases made via the website. Offers cannot be used in conjunction with one another. Where more than one offer is available on the same product only one discount will apply unless advised to the contrary.

5. Payment Information

• 5.1 Harmony Paints accepts payment by most major credit or debit cards via either PayPal payment gateways
• 5.2 Payment may be accepted by credit card payment via PayPal.
• 5.3 The customer is responsible for delivery by tracked Parcelforce courier. Harmony Paints does not accept liability for non-receipt of payment by mail.
• 5.4 Please ensure that the expiry date of your credit card is after the anticipated dispatch date of your order. Payment will be debited from your account before the dispatch of your goods and if the payment card has expired then we will be unable to take payment and fulfil your order.
• 5.5 Harmony Paints are not liable for any bank charges that may be incurred by the customer if sufficient funds are not available at the time when payment is taken.
• 5.6 All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
• 5.7 All information provided will be treated in accordance with the Data Protection Act 1998.

6. Delivery Information

• 6.1 For deliveries to non-mainland UK addresses and certain remote locations e.g. Scottish Isles, Isle of Man, Isle of Wight, Northern Ireland and the Scottish Highlands, there may be an additional surcharge imposed by our couriers and a slightly longer delivery lead-time. Further details are given in our delivery page of the website. We will contact you prior to sending shipment.
• 6.2 The delivery charge for each item is listed on the product detail page. When you add products to your cart and have chosen the delivery option, the appropriate charge will be added automatically. All delivery charges will be shown clearly throughout the checkout process. Any dates quoted for delivery are approximate only and Harmony Paints cannot be held liable for any costs incurred if delivery is delayed. Harmony Paints shall deliver the goods to the address set out in the order or such other location as the parties may agree at any time.
• 6.3 Delivery of the goods shall be completed on the goods arrival at the delivery location. The goods (including risk of loss and damage to goods) will pass to you on completion of delivery. Harmony Paints shall have no liability for any delay in delivery of the goods, or failure to deliver the goods, where the delay or failure is caused either by a force majeure event or the customer’s failure to provide Harmony Paints with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.

7. Refunds and Returns

• 7.1 Custom products (paints made to order) and other made-to-order products cannot be returned unless faulty. Again we suggest you order a hand made colour chart before ordering any paints to ensure you get the correct colour for your project.
• 7.2 Under the Distance Selling Regulations, you have the right to cancel your order at any time before dispatch, or within seven days of receiving your goods. Please contact Complete Harmony Paints by emailing sales@harmonypaints.co.uk if you wish to exercise this right. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Harmony Paints at your own cost. When returning goods, you must take reasonable care to ensure the goods are not opened or damaged before or during transit. Once the goods are received by us, we will issue a full refund minus the postage fees.
• 7.3 You may send returns to us via the most economical means you choose, however we do recommend using a trackable service and obtaining proof of postage. When sending returns to us please make sure they are securely packed, as Harmony Paints cannot be responsible for lost or damaged returns. Harmony Paints are unable to provide a collections facility.
• 7.4 We will endeavour to process refunds as soon as possible, but will refund the account within 30 days.
• 7.5 All Harmony Paints products are clearly labelled. For information on how to return an item, please contact us via email at sales@harmonypaints.co.uk
• 7.6 Your statutory rights are not affected.

8. Complaints and Queries

If you are not happy with any aspect of our online service please let us know and we will do everything we can to assist you.

9. Industry Standard Encryption

We ask for your credit or debit card details over a secure connection using industry standard encryption (SSL). Harmony Paints does not store your card details after the transaction has been complete.

10. Variation

Harmony Paints reserve the right to change these Terms and Conditions at any time, without notice. Any changes will take effect when posted on this website. By using this website, you agree to be bound by these Terms and Conditions.

11. Notices

• 11.1 Any notice or other communication given to the customer under or relating to the contract shall be in writing, addressed to the customer at the address that the customer has specified to Harmony Paints in writing in accordance with this clause, and shall be delivered personally, send by pre-paid first-class post, recorded delivery, commercial courier, or e-mail.
• 11.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 6.3; if sent by pre-paid first-class post or recorded delivery, at 9:00am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the couriers delivery receipt is signed; or, if sent by fax or email, one business day after transmission. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

12. Severance

If any invalid, unenforceable or illegal provision of the contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

13. Waiver

A waiver of any right or remedy under the contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

14. Third Party Rights

A person who is not a party to the Contract shall not have any rights under or relating to it.

15. Governing law and jurisdiction

The contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

 
Last updated: 21 October, 2020