Terms and Conditions
Car Paint Warehouse Limited (Company Number 04082523) and our our head office trading address is Units 17-18 Bonville Business Centre, Brislington, Bristol, BS4 5QR
By placing an order with us, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years of age; and
That you accept our Terms and Conditions as set out herein.
Visa Credit, Visa Debit, Visa Electron, Switch, MasterCard and PayPal are accepted as methods of payment. All transactions are in pounds sterling.
We endeavour to keep in stock, or available, all items that we advertise for sale, however there can be occasions where this is not the case, which could be as a result of production difficulties, unexpected demand or any other reason. In the event that a product is unavailable for whatever reason, we will contact you to ask you whether you would like us to supply a suitable alternative product. We will not supply you with an alternative product unless we receive instruction from you that you wish us to do so. If you opt not to purchase an alternative product, we will refund the full value of the product and any applicable carriage charges.
Risk and Title:
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
All prices quoted are inclusive of VAT. The only possible additional charge above the price quoted for the item is a carriage charge.
The VAT element of each purchase is clearly detailed on the invoice that will be provided to you.
Due to the large number of products advertised it is always possible that, despite our best efforts, some of the products our products listed may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
Online prices do not always match store prices, and prices may also vary between stores.
Guarantees & Warranties:
As part of our commitment to quality pur manufacturers provide guarantee on all products, provided that they have been used, at all times, in the correct manner. However in many cases, due to the exceptional quality of the products, the manufacturers will give longer guarantees on their products.
For all Power Tools, Car Paint Warehouse follow all manufacturer's guidelines. If your tool develops a fault, please contact us by sending us a message with full details.
If you order products from us for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulation for the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When ordering from us, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our listings. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications should be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Car Paint Warehouse Limited at Units 17-18 Bonville Business Centre, Brislington, Bristol, BS4 5QR. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any other of the ways specified in the previous paragraph under the heading 'Written communications'. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations:
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control 'Force Majeure' Event. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following
Strikes, lock-outs or other industrial action
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these terms and conditions.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Our right to vary these terms and conditions:
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or any other changes. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Contract Information and Governing Law:
A Contract is formed between you and Car Paint Warehouse only when you have received confirmation that your order has been dispatched and you are notified of the order/dispatch number on the screen and by e-mail.
For the avoidance of doubt the Contract will be deemed to have been concluded in the United Kingdom and shall be governed by and construed in accordance with English Law and you and Car Paint Warehouse will agree to submit to the non-exclusive jurisdiction of the English Courts.
The contract between you and us will be conducted in English.
All of the design of our listings, store front & its graphics, text, the arrangement and selection thereof, and all software and compilations of software, source codes, and all other components of or material comprised in or on this website are the copyright of Car Paint Warehouse Limited or their designers and content and technology providers. All Rights Reserved.
You are permitted to copy and to print all or part of our listings for the purpose only of placing an order with Car Paint Warehouse. Any other use or reproduction of our listings or any of its components is strictly prohibited without the prior written permission of Car Paint Warehouse.
Whilst great care has been taken to ensure that the information on this website is accurate, information as to price may be subject to change without notice. Without in any way reducing or affecting you statutory rights, Car Paint Warehouse Limited makes no representations or warranties either that the information in or accessible via this website is accurate, complete or current, nor of any other kind, express or implied, with respect to this website or the products, information, materials or content including, without limitation, warranties of merchantability and/or fitness of any product for a particular purpose.
A) We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
B) Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
C) This does not include or limit in any way our liability:
a) For death or personal injury caused by our negligence;
b) Under section 2(3) of the Consumer Protection Act 1987;
c) For fraud or fraudulent misrepresentation; or
d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability,
D) We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
a) loss of income or revenue
b) loss of business
c) loss of profits or contracts
d) loss of anticipated savings
e) loss of data, or
f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable];
provided that this clause D shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause A or clause B or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause D.
Your Statutory Rights are unaffected by anything appearing in these terms and conditions