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Terms & Conditions

Our sales contracts with you will be governed by these Terms. Before ordering any Products from our site, please take the time to read these Terms carefully. You will be asked to agree to these Terms before placing an order. Please click on the “I Accept” button at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference. Occasionally, we amend these Terms as outlined in clause 8. You should check these Terms each time you order Products to ensure you understand the terms that will apply.

There is only an English-language version of these Terms and any Contract that we enter into.

 

1. Information About Us

We operate the website www.featurewall.co.uk. We are IM Décor ltd, a company registered in England and Wales under company number 14582074 and with our registered office at Unit 119 North Roundabout Street 7 Thorp Arch Estate Wetherby LS23 7FL.

Our main trading address is Unit 119 North Roundabout Street 7 Thorp Arch Estate Wetherby LS23 7FL. Our VAT number is 448 8898 13.

To contact us, please see our Contact Us page.

 

2. Our Products

2.1 Our website features images of Products that serve as illustrative examples only. The colours displayed on your computer may not accurately reflect the actual colour of the Products, although we have made every effort to display them accurately. There may be a slight difference between what you receive and what is pictured.

2.2 You should expect a 5% tolerance for sizes, weights, dimensions, and measurements that appear on our site, despite our best efforts to ensure accuracy.

2.3 Products may come in packaging that differs from that depicted on our website.

2.4 It should be noted that all Products shown on our website are subject to availability. In the event that the Product you ordered is not available, you will be notified by email as soon as possible and we will not process your order.

 

3. Use of Our Site

We have terms of service and a website usage policy that govern your use of our site. These include important terms which apply to you, so please take the time to read them carefully.

 

4. How We Use Your Personal Information

In accordance with our Privacy Policy, we do not share or sell your personal information. You can read more about our Privacy Policy here add hyperlink). Please take the time to read these, as they include important terms which apply to you.

 

5. If You are a Consumer

Note: Clause 5 only applies if you are a consumer.

5.1 All consumers must be 18 years of age or older in order to purchase Products from our site.

5.2 In the event of defective products or products that are not as described, you have legal rights. Trading Standards and Citizens’ Advice Bureaus can provide information on your legal rights. Your legal rights are not affected by these Terms.

 

6. If You are a Business Customer

Note: Clause 6 only applies if you are a Business Customer.

6.1 Anyone who uses our site to purchase Products on behalf of a business must confirm that they have the authority to bind that business.

6.2 You and we are bound by these Terms and any document expressly referenced in them. The User acknowledges that these Terms and any document expressly referred to in them do not contain any statements, promises or representations made or given by or on behalf of the User.

 

7. How the Contract Is Formed Between You and Us

7.1 You can find instructions on how to place an order on our website in our section on how to guide.

7.2 Before submitting your order, you have the opportunity to check and amend any errors. You should read and verify your order at each step of the ordering process.

7.3 We will acknowledge receipt of your order in an e-mail after the order has been placed.  It should be noted that this does not mean that your order has been accepted. Orders are accepted according to the instructions in clause 7.4.

7.4 You will receive an e-mail confirming that the Products have been dispatched from us (Dispatch Confirmation) as our confirmation of our acceptance. Only when we send the Dispatch Confirmation will we form a contract between us.

7.5 In the event that we are unable to supply you with a Product, for example, due to stock availability, no longer available products or pricing errors outlined in clause 12.5, we will inform you by e-mail and will not proceed with your order. As soon as possible, we will refund the full amount of any payments you have made for the Products.

 

8. Our Right to Vary These Terms

8.1 For the following reasons we may amend these Terms from time to time: 

8.1.1 Revisions to how we accept payment from you.

8.1.2 Any changes to relevant laws or regulations.

8.2 Whenever you purchase Products from us, the Terms in effect at the time apply to the Contract between you and us.

8.3 Whenever we revise these Terms according to this clause 8, we will notify you by listing the date when the Terms were last modified at the top of this page.

 

9. Your Consumer Right of Return and Refund

Note: This clause 9 only applies if you are a consumer.

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.2 The cancellation right is not applicable to the following situations:

9.2.1 Products that are made-to-measure.

9.2.2 Any products that you have opened or unsealed.

9.3 Your legal right to cancel a Contract begins on the day of the Dispatch Confirmation, which is when the Contract between us is created. Following delivery of the Products, you have a period of 7 (seven) working days after receiving the Products in which you may cancel the Order. Work days do not include Saturdays, Sundays, or public holidays.

9.4 You must provide us with written notice of cancellation by sending an e-mail to info@featurewall.co.uk, Unit 119 North Roundabout Street 7 Thorp Arch Estate Wetherby LS23 7FL. You may wish to retain a copy of the cancellation notice for your record. In the case of e-mail or postal cancellation, your cancellation is effective from the date when you send the email or post the letter to us.

9.5 If you claim a refund for any reason, the full amount will be refunded to you. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.

9.6 In the event that you return the Products to us under this clause 9 because they are faulty or misdescribed, we will refund the price of the defective Product in full, any applicable delivery charges, and any reasonable return costs.

9.7 You will receive a refund on the credit card or debit card you used to make the payment.

9.8 Our refund policy does not apply to products that have been incorrectly applied or hung.

9.9 If the Products were delivered to you:

9.9.1 We require that all Products returned to us within seven days of receipt be in their original undamaged packaging.

9.9.2 You will be responsible for the cost of returning the Products unless they are faulty or not as described in that case, see clause 9.6.

9.9.3 While you hold the Products, you have a legal obligation to keep them safe and take reasonable care of them.

9.10 You will find details of your right to cancel in the Dispatch Confirmation, as well as instructions on how to exercise it.

9.11 As a consumer, you are entitled to legal recourse in relation to Products that fail to meet their specifications. It should be noted that these legal rights are not affected by the returns policy contained in clause 9 or these terms. Citizens’ Advice Bureaus and Trading Standards offices can provide you with information about your legal rights.

 

10. Delivery

10.1 In the Dispatch Confirmation, it outlines our commitment to timely delivery, unless there are unforeseen circumstances outside of out control. We will contact you with a revised estimated delivery date if an Event Outside Our Control prevents us from meeting the estimated delivery date.

10.2 Delivery is complete when the Products are delivered to the address you provided.

10.3 You will be responsible for the Products once they have been delivered.

10.1 Once you have made full payment for the Products, including any applicable delivery fees, you own the Products.

 

11. International Shipping is Not Currently Available

 

12. Price of Products and Delivery Charges

12.1 As stated on our site from time to time, the prices for the Products are subject to change. When we entered the relevant information into our system, we took all reasonable precautions to ensure the Product prices were accurate. Please refer to clause 12.5 for what happens if we discover an error in the price of the Product(s) you ordered.

12.2 Our Product prices may vary from time to time, but the changes will not affect orders which we have confirmed with a Dispatch Confirmation.

12.3 A Product’s price includes VAT (where applicable) at the current rate applicable in the UK. We will, however, adjust the VAT you pay if the rate of VAT changes between the time of your order and the time of delivery, unless you have already paid for the Products in full before the change in VAT takes effect.

12.4 Delivery charges are not included in the price of a Product. You will find delivery charges on our website change from time to time to reflect current dispatch costs.

12.5 There are many Products on our website. Although we try to be as accurate as possible, it is always possible that some of the Products on our site may be incorrectly priced. During our dispatch procedure, we make sure to check prices so that:

12.6 We will charge the lower amount when dispatching the Products when the Product’s correct price is lower than our web site price. It is not our obligation to provide you with the Products at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been detected by you.

12.7 We will inform you as soon as possible if the Product’s correct price is higher than the price stated on our site, and we will offer you the option either to continue to purchase the Product at the correct price or to cancel your order. Your order will not be processed until we have received your instructions. The order will be treated as cancelled and notified in writing if we are unable to contact you using the contact information you provided.

12.8 A voucher or discount code can only be used once per order if discounts are offered as part of a promotion. It is not possible to combine discounts during the ordering process.

12.9 Paying for Products can only be done with a credit card or debit card. We accept the following cards: Visa, Visa Debit, Visa Electron, Mastercard, Maestro.

12.10 We require all payments for the Products and the applicable delivery charges to be made in advance.

 

13. How To Pay

13.1 It’s only possible to pay with a debit or credit card for Products. You can pay with Visa, MasterCard, Visa Debit, Visa Electron.

13.2 We require full payment in advance for all Products and delivery charges. Your credit card or debit card will not be charged until your order has been confirmed.

 

14. Our Liability If You Are a Business

Note: This clause 15 only applies if you are a business customer.

14.1 The Products are only available for use within the business and not for resale.

14.2 Our liability is not limited or excluded by these Terms:

14.2.1 Negligence resulting in death or injury.

14.2.2 Fraud or fraudulent misrepresentation.

14.2.3 Infringement of the implied terms of section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

14.2.4 Products that are defective under the 1987 Consumer Protection Act.

14.3 Please note that under any circumstances we will not be liable to you, whether under contract, tort (including negligence), breach of statutory duty, or otherwise, in relation to the Contract for:

14.3.1 Any loss of profits, sales, revenue, or business.

14.3.2 Corruption, loss, or deletion of data, information, or software.

14.3.3 Missed business opportunities.

14.3.4 Loss of anticipated savings.

14.3.5 Loss of goodwill.

14.3.6 Losses resulting from indirect or consequential causes.

14.4 Other than as set out in clause 14.2, under no circumstances shall our total liability under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, exceed the price of the Products.

14.5 We do not represent, warrant, or undertake anything with respect to the Products except as expressly stated in these Terms. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. Our responsibility will not include making sure the Products are suitable for your purposes.

14.6 In the event that Products are applied to wall surfaces and damage results, we are not responsible. Choosing a wall and wall surface, applying paste (when applicable), and finishing methods are all decisions that you, the customer, must make.

 

15. Our Liability If You Are a Consumer

Note: This clause 15 only applies if you are a consumer.

15.1 If we breach these Terms or are negligent, we are responsible for losses or damages that were foreseeable, but we do not bear responsibility for losses or damages that were not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered the Contract.

15.2 All products supplied by us are for household and private use only. The product cannot be  used for any commercial, business or re-sale purposes, and we are not responsible for any loss of profit, business interruption, or business opportunity you may experience.

15.3 As a result of the application of Products on wall surfaces, we accept no liability for any damage that may occur. As the customer, you are responsible for the choice and selection of the wall, the wall surface, the application paste and the finishing method.

15.4 We will not be liable for indirect or consequential losses arising from the use of decorating services contracted directly by you with a third party.

15.5 We do not in any way exclude or limit our liability for:

15.5.1 Personal injury or death caused by our negligence.

15.5.2 Fraud or fraudulent misrepresentation.

15.5.3 Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

15.5.4 Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).

15.5.5 Defective products under the Consumer Protection Act 1987.

 

16. Events Outside Our Control

16.1 If an Event Outside Our Control causes us to be unable to perform, or delay in performing our obligations under a Contract, then we are not liable or responsible. The definition of an Event Outside Our Control is provided in clause 16.2.

16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

16.3.1 We will contact you as soon as reasonably possible to notify you; and

We will suspend our obligations under a Contract during an Event Outside Our Control and extend the time for completing our obligations. Whenever an Event Outside Our Control affects our delivery of Products to you, we will make arrangements with you to arrange a new delivery date after the Event Outside Our Control has ended.

 

17. Communications Between Us

17.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

17.2 If you are a consumer:

17.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to featurewall.co.uk or by sending a letter to:

Ink Monkey, Unit 5, Westland Road, Leeds, LS11 5XA.

17.2.2 If you wish to contact us in writing for any other reason including to make a complaint, you can send this to us by e-mail or by post to Unit 119 North Roundabout Street 7 Thorp Arch Estate Wetherby LS23 7FL. You can always contact us using our Customer Services telephone line.

17.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

As a business, you should note that notices from us to you are deemed received and properly served as soon as they are posted on our website, 24 hours after an e-mail is sent, or three days after a letter is mailed or posted. In order to prove the service of a notice, it shall suffice to prove, in the case of a letter, that the letter was properly addressed, stamped and mailed, and in the case of an e-mail, that the message was sent to the addressee’s e-mail address. No provision of this section shall apply to proceedings or other documents served in a legal action.

 

18. Other Important Terms

18.1 Contracts between you and us may be transferred to another organisation upon our consent, but this does not affect your rights or our obligations under these Terms.

18.2 You can only transfer your rights or obligations under these Terms to another party with our permission in writing.

18.3 The contract between us and you. Its terms cannot be enforced by anyone else, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

18.4 These Terms are governed separately by each of their paragraphs. If any court or governing authority rejects any of the clauses, the remaining clauses will remain valid.

18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6 Consumers may be aware that English law governs these Terms. We will apply English law to any dispute or claim arising from or in connection with any Contract for the purchase of Products through our site. Our agreement is that only the English and Welsh courts will have exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

18.7 If you are a business, these Terms are governed by English law. This means that a 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

18.8 We will not keep a copy of the Contract between us.

Terms & Conditions

Our sales contracts with you will be governed by these Terms. Before ordering any Products from our site, please take the time to read these Terms carefully. You will be asked to agree to these Terms before placing an order. Please click on the “I Accept” button at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference. Occasionally, we amend these Terms as outlined in clause 8. You should check these Terms each time you order Products to ensure you understand the terms that will apply.

There is only an English-language version of these Terms and any Contract that we enter into.

 

1. Information About Us

We operate the website www.featurewall.co.uk. We are Austinstall Ltd, a company registered in England and Wales under company number 08830894 and with our registered office at Unit 5, Westland Road, Leeds, LS11 5XA. Our main trading address is Monkey House, Unit 5, Westland Road, Leeds LS11 5XA. Our VAT number is 1234567.

To contact us, please see our Contact Us page.

 

2. Our Products

2.1 Our website features images of Products that serve as illustrative examples only. The colours displayed on your computer may not accurately reflect the actual colour of the Products, although we have made every effort to display them accurately. There may be a slight difference between what you receive and what is pictured.

2.2 You should expect a 5% tolerance for sizes, weights, dimensions, and measurements that appear on our site, despite our best efforts to ensure accuracy.

2.3 Products may come in packaging that differs from that depicted on our website.

2.4 It should be noted that all Products shown on our website are subject to availability. In the event that the Product you ordered is not available, you will be notified by email as soon as possible and we will not process your order.

 

3. Use of Our Site

We have terms of service and a website usage policy that govern your use of our site. These include important terms which apply to you, so please take the time to read them carefully.

 

4. How We Use Your Personal Information

In accordance with our Privacy Policy, we do not share or sell your personal information. You can read more about our Privacy Policy here add hyperlink). Please take the time to read these, as they include important terms which apply to you.

 

5. If You are a Consumer

Note: Clause 5 only applies if you are a consumer.

5.1 All consumers must be 18 years of age or older in order to purchase Products from our site.

5.2 In the event of defective products or products that are not as described, you have legal rights. Trading Standards and Citizens’ Advice Bureaus can provide information on your legal rights. Your legal rights are not affected by these Terms.

 

6. If You are a Business Customer

Note: Clause 6 only applies if you are a Business Customer.

6.1 Anyone who uses our site to purchase Products on behalf of a business must confirm that they have the authority to bind that business.

6.2 You and we are bound by these Terms and any document expressly referenced in them. The User acknowledges that these Terms and any document expressly referred to in them do not contain any statements, promises or representations made or given by or on behalf of the User.

 

7. How the Contract Is Formed Between You and Us

7.1 You can find instructions on how to place an order on our website in our section on how to guide.

7.2 Before submitting your order, you have the opportunity to check and amend any errors. You should read and verify your order at each step of the ordering process.

7.3 We will acknowledge receipt of your order in an e-mail after the order has been placed.  It should be noted that this does not mean that your order has been accepted. Orders are accepted according to the instructions in clause 7.4.

7.4 You will receive an e-mail confirming that the Products have been dispatched from us (Dispatch Confirmation) as our confirmation of our acceptance. Only when we send the Dispatch Confirmation will we form a contract between us.

7.5 In the event that we are unable to supply you with a Product, for example, due to stock availability, no longer available products or pricing errors outlined in clause 12.5, we will inform you by e-mail and will not proceed with your order. As soon as possible, we will refund the full amount of any payments you have made for the Products.

 

8. Our Right to Vary These Terms

8.1 For the following reasons we may amend these Terms from time to time: 

8.1.1 Revisions to how we accept payment from you.

8.1.2 Any changes to relevant laws or regulations.

8.2 Whenever you purchase Products from us, the Terms in effect at the time apply to the Contract between you and us.

8.3 Whenever we revise these Terms according to this clause 8, we will notify you by listing the date when the Terms were last modified at the top of this page.

 

9. Your Consumer Right of Return and Refund

Note: This clause 9 only applies if you are a consumer.

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.2 The cancellation right is not applicable to the following situations:

9.2.1 Products that are made-to-measure.

9.2.2 Any products that you have opened or unsealed.

9.3 Your legal right to cancel a Contract begins on the day of the Dispatch Confirmation, which is when the Contract between us is created. Following delivery of the Products, you have a period of 7 (seven) working days after receiving the Products in which you may cancel the Order. Work days do not include Saturdays, Sundays, or public holidays.

9.4 You must provide us with written notice of cancellation by sending an e-mail to info@featurewall.co.uk, Unit 5, Westland Road, Leeds LS11 5XA. You may wish to retain a copy of the cancellation notice for your record. In the case of e-mail or postal cancellation, your cancellation is effective from the date when you send the email or post the letter to us.

9.5 If you claim a refund for any reason, the full amount will be refunded to you. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.

9.6 In the event that you return the Products to us under this clause 9 because they are faulty or misdescribed, we will refund the price of the defective Product in full, any applicable delivery charges, and any reasonable return costs.

9.7 You will receive a refund on the credit card or debit card you used to make the payment.

9.8 Our refund policy does not apply to products that have been incorrectly applied or hung.

9.9 If the Products were delivered to you:

9.9.1 We require that all Products returned to us within seven days of receipt be in their original undamaged packaging.

9.9.2 You will be responsible for the cost of returning the Products unless they are faulty or not as described in that case, see clause 9.6.

9.9.3 While you hold the Products, you have a legal obligation to keep them safe and take reasonable care of them.

9.10 You will find details of your right to cancel in the Dispatch Confirmation, as well as instructions on how to exercise it.

9.11 As a consumer, you are entitled to legal recourse in relation to Products that fail to meet their specifications. It should be noted that these legal rights are not affected by the returns policy contained in clause 9 or these terms. Citizens’ Advice Bureaus and Trading Standards offices can provide you with information about your legal rights.

 

10. Delivery

10.1 In the Dispatch Confirmation, it outlines our commitment to timely delivery, unless there are unforeseen circumstances outside of out control. We will contact you with a revised estimated delivery date if an Event Outside Our Control prevents us from meeting the estimated delivery date.

10.2 Delivery is complete when the Products are delivered to the address you provided.

10.3 You will be responsible for the Products once they have been delivered.

10.1 Once you have made full payment for the Products, including any applicable delivery fees, you own the Products.

 

11. International Shipping is Not Currently Available

 

12. Price of Products and Delivery Charges

12.1 As stated on our site from time to time, the prices for the Products are subject to change. When we entered the relevant information into our system, we took all reasonable precautions to ensure the Product prices were accurate. Please refer to clause 12.5 for what happens if we discover an error in the price of the Product(s) you ordered.

12.2 Our Product prices may vary from time to time, but the changes will not affect orders which we have confirmed with a Dispatch Confirmation.

12.3 A Product’s price includes VAT (where applicable) at the current rate applicable in the UK. We will, however, adjust the VAT you pay if the rate of VAT changes between the time of your order and the time of delivery, unless you have already paid for the Products in full before the change in VAT takes effect.

12.4 Delivery charges are not included in the price of a Product. You will find delivery charges on our website change from time to time to reflect current dispatch costs.

12.5 There are many Products on our website. Although we try to be as accurate as possible, it is always possible that some of the Products on our site may be incorrectly priced. During our dispatch procedure, we make sure to check prices so that:

12.6 We will charge the lower amount when dispatching the Products when the Product’s correct price is lower than our web site price. It is not our obligation to provide you with the Products at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been detected by you.

12.7 We will inform you as soon as possible if the Product’s correct price is higher than the price stated on our site, and we will offer you the option either to continue to purchase the Product at the correct price or to cancel your order. Your order will not be processed until we have received your instructions. The order will be treated as cancelled and notified in writing if we are unable to contact you using the contact information you provided.

12.8 A voucher or discount code can only be used once per order if discounts are offered as part of a promotion. It is not possible to combine discounts during the ordering process.

12.9 Paying for Products can only be done with a credit card or debit card. We accept the following cards: Visa, Visa Debit, Visa Electron, Mastercard, Maestro.

12.10 We require all payments for the Products and the applicable delivery charges to be made in advance.

 

13. How To Pay

13.1 It’s only possible to pay with a debit or credit card for Products. You can pay with Visa, MasterCard, Visa Debit, Visa Electron.

13.2 We require full payment in advance for all Products and delivery charges. Your credit card or debit card will not be charged until your order has been confirmed.

 

14. Our Liability If You Are a Business

Note: This clause 15 only applies if you are a business customer.

14.1 The Products are only available for use within the business and not for resale.

14.2 Our liability is not limited or excluded by these Terms:

14.2.1 Negligence resulting in death or injury.

14.2.2 Fraud or fraudulent misrepresentation.

14.2.3 Infringement of the implied terms of section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

14.2.4 Products that are defective under the 1987 Consumer Protection Act.

14.3 Please note that under any circumstances we will not be liable to you, whether under contract, tort (including negligence), breach of statutory duty, or otherwise, in relation to the Contract for:

14.3.1 Any loss of profits, sales, revenue, or business.

14.3.2 Corruption, loss, or deletion of data, information, or software.

14.3.3 Missed business opportunities.

14.3.4 Loss of anticipated savings.

14.3.5 Loss of goodwill.

14.3.6 Losses resulting from indirect or consequential causes.

14.4 Other than as set out in clause 14.2, under no circumstances shall our total liability under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, exceed the price of the Products.

14.5 We do not represent, warrant, or undertake anything with respect to the Products except as expressly stated in these Terms. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. Our responsibility will not include making sure the Products are suitable for your purposes.

14.6 In the event that Products are applied to wall surfaces and damage results, we are not responsible. Choosing a wall and wall surface, applying paste (when applicable), and finishing methods are all decisions that you, the customer, must make.

 

15. Our Liability If You Are a Consumer

Note: This clause 15 only applies if you are a consumer.

15.1 If we breach these Terms or are negligent, we are responsible for losses or damages that were foreseeable, but we do not bear responsibility for losses or damages that were not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered the Contract.

15.2 All products supplied by us are for household and private use only. The product cannot be  used for any commercial, business or re-sale purposes, and we are not responsible for any loss of profit, business interruption, or business opportunity you may experience.

15.3 As a result of the application of Products on wall surfaces, we accept no liability for any damage that may occur. As the customer, you are responsible for the choice and selection of the wall, the wall surface, the application paste and the finishing method.

15.4 We will not be liable for indirect or consequential losses arising from the use of decorating services contracted directly by you with a third party.

15.5 We do not in any way exclude or limit our liability for:

15.5.1 Personal injury or death caused by our negligence.

15.5.2 Fraud or fraudulent misrepresentation.

15.5.3 Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

15.5.4 Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).

15.5.5 Defective products under the Consumer Protection Act 1987.

 

16. Events Outside Our Control

16.1 If an Event Outside Our Control causes us to be unable to perform, or delay in performing our obligations under a Contract, then we are not liable or responsible. The definition of an Event Outside Our Control is provided in clause 16.2.

16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

16.3.1 We will contact you as soon as reasonably possible to notify you; and

We will suspend our obligations under a Contract during an Event Outside Our Control and extend the time for completing our obligations. Whenever an Event Outside Our Control affects our delivery of Products to you, we will make arrangements with you to arrange a new delivery date after the Event Outside Our Control has ended.

 

17. Communications Between Us

17.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

17.2 If you are a consumer:

17.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to featurewall.co.uk or by sending a letter to:

Unit 119 North Roundabout

Street 7 Thorp Arch Estate Wetherby

LS23 7FL.

17.2.2 If you wish to contact us in writing for any other reason including to make a complaint, you can send this to us by e-mail or by post to Ink Monkey, Unit 5, Westland Road, Leeds, LS11 5XA. You can always contact us using our Customer Services telephone line.

17.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

As a business, you should note that notices from us to you are deemed received and properly served as soon as they are posted on our website, 24 hours after an e-mail is sent, or three days after a letter is mailed or posted. In order to prove the service of a notice, it shall suffice to prove, in the case of a letter, that the letter was properly addressed, stamped and mailed, and in the case of an e-mail, that the message was sent to the addressee’s e-mail address. No provision of this section shall apply to proceedings or other documents served in a legal action.

 

18. Other Important Terms

18.1 Contracts between you and us may be transferred to another organisation upon our consent, but this does not affect your rights or our obligations under these Terms.

18.2 You can only transfer your rights or obligations under these Terms to another party with our permission in writing.

18.3 The contract between us and you. Its terms cannot be enforced by anyone else, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

18.4 These Terms are governed separately by each of their paragraphs. If any court or governing authority rejects any of the clauses, the remaining clauses will remain valid.

18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6 Consumers may be aware that English law governs these Terms. We will apply English law to any dispute or claim arising from or in connection with any Contract for the purchase of Products through our site. Our agreement is that only the English and Welsh courts will have exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

18.7 If you are a business, these Terms are governed by English law. This means that a 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

18.8 We will not keep a copy of the Contract between us.