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Store Policies
Terms & Conditions

Contents

1 About us

2 How to contact us

3 These terms

4 Methods of placing an order

6 Availability

7 Deliveries

8 Nature of the good

9 Use restrictions

10 Prices

11 Payment

12 Paint Mixing

13 Faulty products—consumers

14 Faulty products—business customers

15 Events beyond our control

16 Our liability to consumers

17 Our liability to business customers

18 Your information

19 No third party rights

20 Complaints

21 Governing law and jurisdiction

22 General terms

 

 

  1. About us

We are Chicoco Services Limited (trading as The Paint Shop Cornwall), a company registered in England and Wales under company number 15150705: Our registered office is at: Raleigh Barns and Stables, Mitchell, Newquay, Cornwall, TR8 5AT.

  1. How to contact us

You can contact us by sending an email to sales@paintshopcornwall.co.uk or calling us on 01208 640678. The postal address of our showroom is The Paint Shop Cornwall, Eddystone Road, Wadebridge, Cornwall, PL27 7AL.

  1. These terms

    1. These terms apply to any purchases you make at our paint store showroom and in the limited circumstances identified in clauses 5.2 and 5.5. Please read these terms carefully before you place any orders, which will generally be effected by taking paint or other materials to our showroom counter, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.

    2. Some of the provisions in these terms apply to sales to consumer customers and some apply to sales to business customers. For the purposes of these terms, you are a ‘consumer’ if you are buying products from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying products from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.

    3. Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Chicoco Services Limited trading as The Paint Shop Cornwall, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.

    4. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.

    5. We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you purchased our paint or other materials.

    6. A copy of these terms can be provided upon request but are only available in English.

  2. Methods of placing an order

    1. We do not conduct online sales to either consumer customers or business customers and neither do we generally accept orders placed by E-mail. We are happy to discuss potential purchases via E-mail that will later be concluded in our showroom but no binding contract will exist prior to paint or other materials being purchased in our showroom except in the circumstances described in clauses 5.2 and 5.5.   

    2. Business consumers only can place orders via telephone that are later concluded in our showroom. We will not record telephone conversations.

    3. Any quotation given by us before you make an order for goods is not a binding offer by us to supply such goods.

    4. When you decide to place an order for goods with us, this is when you offer to buy such goods from us. Most obviously this would be when you go to the showroom counter with the items that you wish to purchase.

    5. When you place your order with us, we will generally conclude it in store by scanning the items you wish to purchase and receiving the purchase price.

  3. Orders by E-mail and telephone

5.1        We do not generally accept orders being placed by E-mail (although we are pleased to correspond via E-mail so as to discuss potential in-store orders).

5.2        However, if a potential business customer wishes to order paint or other materials that we do not usually stock in store or else do not have in sufficient stock quantities for the intended order an exception may be made permitting the order to be placed by E-mail. If we are willing and able to facilitate the request but need to obtain paint or other materials from a third party supplier we will require full payment upfront before placing any orders with third party suppliers. We will not accept any liability for a third party supplying incorrect materials in circumstances where we have faithfully ordered from them the paint or other materials that you requested.   

  1. If you seek to place an order via E-mail we may contact you to say that we do not accept your order. This is typically for the following reasons:

    1. the goods are unavailable whether from ourselves or from third parties;

    2. we cannot authorise your payment;

    3. there has been a mistake on the pricing or description of the goods.

  2. Save in the circumstances set out in clause 5.2 above where pre-payment is required due to the desired paint or other materials being sourced from a third party, we will only accept your order when we confirm this in store by selling you the goods. No binding contract will exist until payment is received in our showroom.

  3. For business customers only, we will accept orders being placed by telephone and then collected from the showroom. No binding contract will exist until you have attended the showroom and paid for the requested paint or other materials unless we need to obtain those goods from a third party. If we are willing and able to facilitate the request to obtain goods from a third party supplier we will require full payment upfront before placing any orders with third party suppliers. We will not accept any liability for a third party supplying incorrect materials in circumstances where we have faithfully ordered from them the materials that you requested.  

  1. Availability

All orders are subject to availability. We cannot guarantee that any product will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain products.

  1. Deliveries

We do not undertake deliveries. All of our paint or other materials must be purchased in our showroom and taken away from the showroom by you aside from in the circumstances set out in clauses 5.2 and 5.5 where the goods must be pre-paid for and then collected from our showroom after we have received them from a third party supplier.

  1. Nature of the goods

    1. The Consumer Rights Act 2015 gives consumer customers certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality. Business customers also have certain less extensive legal rights.

    2. We are under a legal duty to supply you with goods that are in conformity with this contract.

    3. The colour of the paint may be different from that shown in store whether displayed on the side of a paint tin or otherwise.

    4. While we try to make sure that all weights, sizes and measurements set out in store are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes and measurements.

    5. Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use. We will not allow refund or replacement of products bought on a discounted basis.  

  2. Use restrictions

    1. If you are a consumer customer, you must use our products only for domestic and personal use. You must not use our products for commercial, business or resale purposes. There are no use restrictions in relation to business customers but please note the exclusions of liability contained in clause 17.

  3. Prices

    1. Prices for our products are available out in our showroom. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.

    2. Prices for our paint and other materials may change at any time.

  4. Payment

    1. We accept credit cards and debit cards with the exception of American Express and Diners Club. All credit card and debit card payments need to be authorised by the relevant card issuer. We do not accept payment by cheque.

    2. We will take payment from your card either when an order is placed by a business customer in the circumstances described in clauses 5.2 or 5.5 or when either a business customer or a consumer customer purchase paint or other materials at our showroom counter. If the payment is unsuccessful we will not conclude the sale with you.

  5. Paint Mixing

    1. At your request we may mix two or more different types of paint together. We will not do this unless you have paid for the paint in advance and will not accept any liability for the mixed paint being of a different colour or consistency to that which was anticipated. Any indication given by our staff as to the likely colour or consistency of mixed pain is a general indication only and we do not accept any liability if the indication is inaccurate.

    2. In circumstances where you anticipate bulk buying mixed paint we urge that you initially only purchase one tin of each type of paint that you would like mixed. Even then we cannot guarantee that subsequent mixing of the same products or further such products will result in the same colour or consistency as an initial sample.  

  6. Faulty products—consumers

This clause 13 only applies to you if you are a consumer.

  1. The products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply products that are in conformity with our contract with you.

  2. During the expected lifespan of your product, you are entitled to the following:

Up to 30 days:

If your product is faulty, you can get an immediate refund.

Up to six months:

If the product cannot be repaired or replaced, then you are entitled to a full refund in most cases.

 

Up to one year:

If the product does not last a reasonable length of time, you may be entitled to some money back.

 

 

  1. If your products are faulty or misdescribed, please contact us as soon as reasonably possible.

  2. If paint is faulty we expect that you will not use more than necessary to establish that the paint is faulty and will bring the remaining paint into our showroom so as to demonstrate the fault.

  1. Faulty products—business customers

This clause 14 only applies to you if you are a business customer.

  1. We warrant that the products will, at the point that they are purchased and for three months if unused and, in the instance of paint products, unopened;

    1. conform in all material respects to their product descriptions on the site;

    2. be free from material defects in design, material and workmanship; and

    3. be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

  2. As your sole and exclusive remedy, we will (at our option) replace or refund any products that do not comply with clause 14.1, provided that:

    1. you notify us within the three month Warranty Period in the case of defects discoverable by a physical inspection;

    2. you provide us with sufficient information as to the nature and extent of the defects;

    3. you give us a reasonable opportunity to examine the defective products; and

    4. you return the defective products to us at your expense.

  3. Except as set out in this clause 14, we give no warranties and make no representations in relation to the products, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

  4. In circumstances where paint is satisfactory at the point that a tin is opened but then deteriorates prior to all of the paint being used any warranty provided pursuant to this clause 14 is limited to one month from the date that the tin is opened and no warranty claim will be accepted if the paint has not been appropriately stored or additives added to the product, including water. 

  1. Events beyond our control

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

  1. Our liability to consumers

This clause 16 only applies to you if you are a consumer.

  1. If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

  2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

  3. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

  4. We will not accept any liability for damage to vehicles or property which is said to arise from a collision, other accident or malicious damage by a third party in our car park.

  1. Our liability to business customers

This clause 17 only applies to you if you are a business customer.

  1. Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the products.

  2. We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:

    1. consequential, indirect or special losses; or

    2. any of the following (whether direct or indirect):

      1. loss of profit;

      2. loss of opportunity;

      3. loss of savings, discount or rebate (whether actual or anticipated); or

      4. harm to reputation or loss of goodwill.

      5. labour or materials costs of remedial work.

      6. any liability that may arise to a third party such as where one of your customers alleges that a product that you purchased from us has damaged their property.

 

  1. Nothing in these terms will limit or exclude our liability for:

    1. death or personal injury caused by negligence;

    2. fraud or fraudulent misrepresentation; or

    3. any other losses which cannot be excluded or limited by law.

  2. We will not accept any liability for damage to vehicles or property which is said to arise from a collision, other accident or malicious damage by a third party in our car park.

  1. Your information

Any personal information that you provide to us will be dealt with in line with our privacy notice and data protection policies. available from our showroom, which explain what information we collect and hold about you, and how we collect, store, use and share such information.

  1. No third party rights

No one other than us or you has any right to enforce any of these terms.

  1. Complaints

    1. If you are unhappy with us or the products you ordered, please contact us by clicking here.

  2. Governing law and jurisdiction

    1. If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

    2. If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).

  3. General terms

    1. You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

    2. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

    3. If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

    4. If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.

    5. If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.

Payment Methods

Payment Methods

- Credit / Debit Cards (we do not accept Amex)
- Cash in store (no cash to be given to delivery drivers)

- Offline Payments

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