Terms and Conditions of Sale

1. Who we are and when these terms apply

1.1 The website argile-peinture.com/en (the “Website”) is operated for UK sales by Argile London Limited (“Argile”, “we”, “us” or “our”), company number 12070651, registered office at 555 Kings Road, London SW6 2EB, United Kingdom. Our UK VAT registration number is GB 340 2895 08.

1.2 These Terms & Conditions of Sale (“Terms”) apply when you buy paint, primers, sample pots, colour charts, repositionable colour samples, accessories or other goods from us through the Website, and when you book a colour consultation through the Website.

1.3 If you are buying wholly or mainly for personal use, you are a “Consumer”. If you are buying wholly or mainly for purposes relating to your trade, business, craft or profession, you are a “Business Customer”. Some provisions below apply only to Consumers or only to Business Customers and are identified accordingly.

1.4 Nothing in these Terms limits any rights that a Consumer has under law and which cannot lawfully be excluded or restricted.

2. Product information, colour and suitability

2.1 We take care to describe our products accurately. Product pages and technical data sheets contain important information about intended use, preparation, application, coverage, drying, maintenance and safety. Please read the relevant technical data sheet before ordering and before use.

2.2 Paint colour is affected by light, surrounding colours, surface texture, preparation, sheen, application method and the device or print process used to display a colour. Screen images and printed reproductions are therefore guides only and should not be treated as exact representations of the finished paint.

2.3 We strongly recommend testing your chosen colour in the room or location where it will be used, using an Argile sample pot or repositionable colour sample, and viewing it in different natural and artificial light before placing a full paint order.

2.4 Slight variations can occur between separate production or tinting batches. For a continuous surface, order enough paint for the whole area at the same time where reasonably possible. If more than one tin or batch is to be used on the same area, mix or “box” the tins together before application where the technical guidance permits.

2.5 Coverage figures are estimates. Actual coverage depends on the surface, preparation, application method and number of coats required. You or your decorator are responsible for checking quantities and that the selected product and finish are suitable for the intended substrate and environment, taking account of our technical guidance.

2.6 If anything about the paint appears materially wrong - for example an unexpected colour, consistency, finish or condition - stop using it and contact us before continuing. Continuing to apply a product after an apparent problem has become reasonably identifiable may increase loss that could otherwise have been avoided. This does not affect your statutory rights.

3. Orders and contract formation

3.1 By placing an order, you are offering to buy the products in your basket on these Terms. Please check the colour, finish, size, quantity, billing details and delivery address carefully before submitting your order.

3.2 After you order, we will send an acknowledgement. The contract is formed when we send you an order confirmation accepting the order. We may decline an order before acceptance, for example because a product is unavailable, there is an obvious pricing or description error, payment cannot be authorised, or we reasonably suspect fraud or misuse.

3.3 If we cannot accept your order after taking payment, we will refund the amount paid for the affected item or order.

3.4 Because paint can move into tinting or production quickly, please contact us immediately if you need to change an order. We will help where we reasonably can, but changes cannot be guaranteed once tinting, mixing, production or dispatch has begun.

4. Prices and payment

4.1 Prices on the UK Website are in pounds sterling and include UK VAT where applicable. Delivery charges, if any, are shown before you place your order.

4.2 We may change prices at any time, but a change will not affect an order already accepted, except where there is an obvious pricing error that you could reasonably have recognised as a mistake.

4.3 Payment is made using the methods offered at checkout. Payment services may be provided by Shopify and/or other payment providers. We do not receive or store your full payment-card number.

5. Delivery

5.1 Available delivery services, charges and current estimated dispatch or delivery times are shown on the Website or at checkout. Delivery estimates are not guaranteed unless we expressly say that a service is guaranteed.

5.2 We will deliver to the address you provide. Please make sure that address and any access information are correct. We are not responsible for delay caused by incorrect or incomplete information supplied by you.

5.3 For Consumers, unless we agree a different period with you, we will deliver without undue delay and no later than 30 days after the contract is made. If we miss a legally binding delivery deadline, your rights are those provided by consumer law.

5.4 If an event outside our reasonable control delays delivery, we will contact you where reasonably practicable and take reasonable steps to minimise the effect of the delay.

5.5 For Consumers, risk of loss or damage passes to you when you, or a person identified by you other than the carrier, takes physical possession of the products. If you expressly instruct the carrier to leave the goods in a nominated safe place or with a neighbour, delivery may be treated as completed in accordance with that instruction.

5.6 Please inspect your delivery promptly. If anything is damaged, leaking, missing or incorrect, contact us as soon as reasonably possible, ideally within three working days, with your order number and photographs where helpful. This request helps us investigate with the carrier and does not reduce a Consumer’s statutory rights.

6. Change-of-mind cancellations and returns

6.1 Mixed-to-order paint and other personalised products

Our full-size coloured paints and coloured sample pots are mixed or tinted specifically to the colour and finish selected for your order. Where a product is made to your specification or clearly personalised, the statutory 14-day change-of-mind cancellation right does not apply. Accordingly, once tinting or mixing has begun, we do not accept a return or cancellation simply because you change your mind, order too much, select the wrong colour or finish, or decide that the colour is not suitable. This does not affect your rights if the product is faulty, damaged, misdescribed or otherwise does not conform to the contract.

6.2 Standard, non-personalised goods

If you are a Consumer and buy a standard product that has not been made to your specification or personalised, you may normally cancel within 14 days after the day you receive it. If one order is delivered in separate lots on different days, the period runs from the day you receive the last lot.

To cancel, email contact@argile-peinture.com or otherwise give us a clear statement that you wish to cancel. You may use the model cancellation form at the end of these Terms, but you do not have to.

You must return the goods within 14 days after telling us you wish to cancel. Unless the goods are faulty or we sent the wrong item, you are responsible for the direct cost of return. Please return goods securely to Argile London Limited, 555 Kings Road, London SW6 2EB, United Kingdom.

We may reduce a refund to reflect any reduction in value caused by handling beyond what would reasonably be permitted in a shop. We will refund the price and the cost of our least expensive standard delivery option, but not any extra amount paid for premium delivery. We will refund using the original payment method, normally within 14 days after we receive the goods back or you provide evidence that you returned them, whichever is earlier.

7. Faulty, damaged or incorrect products

7.1 We are responsible for supplying products that conform to the contract. For Consumers, the Consumer Rights Act 2015 gives legal rights where goods are not of satisfactory quality, fit for a purpose made known to us, or as described. These rights are separate from the change-of-mind policy above.

7.2 If you believe a product is faulty, damaged or incorrect, contact us at contact@argile-peinture.com with your order details and, where relevant, photographs, batch information and details of the surface preparation and application. We may reasonably ask for further information or for unused product to be retained or returned so that the issue can be investigated.

7.3 Do not dispose of an allegedly faulty product, its packaging or relevant batch information until we have had a reasonable opportunity to investigate, unless keeping it would be unsafe or unreasonable.

7.4 Any remedy we provide will be in accordance with your legal rights. Nothing in these Terms replaces or restricts those rights.

8. Colour consultations and other services

8.1 Colour consultations are advisory services. Colour is subjective and affected by light, architecture, furnishings, materials and personal preference. Our consultant will use reasonable care and skill, but a recommendation is not a guarantee that you will prefer the final colour once applied.

8.2 If a Consumer books a consultation online or at a distance, the normal service cancellation period is 14 days from the day the contract is made. If you ask us to begin the service during that period and later cancel after performance has begun, you may have to pay a proportionate amount for the service already supplied. If the service is fully performed during the cancellation period after your express request and acknowledgement that the cancellation right will then be lost, the right to cancel ends on full performance.

8.3 Any appointment-specific rescheduling or cancellation terms shown when you book will also apply, provided they do not reduce your statutory rights.

9. Our responsibility to Consumers

9.1 We do not exclude or limit liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or liability that cannot be excluded under consumer law.

9.2 We are not responsible for loss that is not a reasonably foreseeable result of our breach, or for loss caused by circumstances for which we are not legally responsible.

9.3 If you are a Consumer, we supply products for domestic and private use. We are not responsible to a Consumer for business losses such as loss of profit, loss of business, business interruption or loss of business opportunity.

9.4 Nothing in this section affects the remedies available to you where products do not conform to the contract.

10. Business Customers

10.1 If you are a Business Customer, you confirm that you have authority to bind the business on whose behalf you order. Consumer-only rights and cancellation provisions do not apply to you.

10.2 To the fullest extent permitted by law, we are not liable to a Business Customer for indirect or consequential loss, loss of profit, revenue, business, contracts, goodwill or anticipated savings arising from an order.

10.3 Subject to liabilities that cannot lawfully be limited, our total aggregate liability to a Business Customer arising out of an order will not exceed the price paid or payable for the products or services giving rise to the claim.

10.4 Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited.

11. Ownership

Ownership of goods passes to you when we have received payment in full. Risk passes as described in clause 5.

12. Complaints and dispute resolution

12.1 If you have a complaint, please contact us first at contact@argile-peinture.com or by post at Argile London Limited, 555 Kings Road, London SW6 2EB. We will try to resolve the matter directly with you.

12.2 Where consumer law requires us to give you information about an accredited alternative dispute resolution provider after we have been unable to resolve a complaint, we will provide that information. We are not obliged to use a particular ADR provider unless we expressly agree to do so or the law requires it.

13. Governing law and courts

13.1 These Terms are governed by the law of England and Wales.

13.2 If you are a Consumer resident in Scotland or Northern Ireland, you also retain the benefit of any mandatory consumer protections that apply where you live and may bring proceedings in the courts available to you under applicable law. Otherwise, the courts of England and Wales will have jurisdiction.

13.3 If you are a Business Customer, the courts of England and Wales have exclusive jurisdiction.

14. General

14.1 If a court or authority finds part of these Terms unlawful or unenforceable, the rest will continue in effect.

14.2 If we delay enforcing a right, that does not mean we have waived it.

14.3 We may update these Terms from time to time. The version in force when you place your order applies to that order.

14.4 Contact: contact@argile-peinture.com | +44 (0)20 7736 6260 | Argile London Limited, 555 Kings Road, London SW6 2EB, United Kingdom.

 

 

Model cancellation form

Complete and return this form only if you wish to cancel a contract for goods or services for which a statutory cancellation right applies.

To: Argile London Limited, 555 Kings Road, London SW6 2EB, United Kingdom; london@argile-peinture.com

I/We hereby give notice that I/We cancel my/our contract of sale for the following goods / for the supply of the following service: ______________________________

Ordered on / received on: ______________________________

Name of consumer(s): ______________________________

Address of consumer(s): ______________________________

Signature (only if this form is notified on paper): ______________________________

Date: ______________________________