Current Promotional Terms & Conditions
Free Interior Design Service when you spend £60 or more on Dulux.co.uk
By entering into this Promotion, participants agree to be bound by the following terms and conditions.
This Promotion is open to residents of mainland Great Britain as we cannot deliver to addresses in Northern Ireland or to the Isles of Scilly, Isle of Man, Isle of Wight, the Scottish Isles and the Channel Isles. Participants must be aged 18 and above (the “Participants”) and excludes employees of the Imperial Chemical Industries Limited group of companies, their families or agents or any other person connected with the running of this Promotion.
In entering the Promotion, Participants confirm that they are eligible to do so and eligible to claim a voucher for a free interior design service. The Promoter may require Participants to provide proof that they are eligible to enter the Promotion.
To enter the Promotion, Participants must spend a minimum of £60 (including delivery) on one or more products purchased from www.dulux.co.uk in a single transaction. Participants can buy anything on the site.
Participants must then forward the email they receive stating the value of their purchase after placing their order to email@example.com within 28 days of making their purchase in order to redeem the voucher. The sales invoice will act as evidence of that purchase. An email will be sent back to them with a voucher code.
This Promotion will run from 15th September 2016 until 24th September. All purchases must be made before 25th September at 12.00am (the “Closing Date”). Purchases made after the Closing Date will not be accepted for this Promotion.
This Promotion will run on the website www.dulux.co.uk only.
Only one submission of a sales invoice per household will be permitted.
No third party or joint submissions will be accepted.
Participants will receive a voucher code which can be used to book an interior design service (worth £75) for free. The service will include a 30-minute face-to-face online consultation with a Dulux Amazing Space design expert, a personalised digital style guide, a 3D visualisation of the space, and an interactive shopping list. All qualifying Participants will be entitled to one voucher.
Each voucher can only be used once, but can be used by Participants, their family or their friends.
In order to book their free interior design service, Participants, their family or their friends must visit www.designer.duluxamazingspace.co.uk, complete the design questionnaire and start a project. The voucher code will need to be entered at the payment stage.
Participants, their family or their friends will need to book their free interior design service within 28 days of redeeming their voucher. Once booked, the service can be used at any time during the six week period after the date the booking was made.
The free interior design service is subject to availability and the Promoter reserves the right to substitute a voucher of equal or higher value in the event the free interior design service is not available due to circumstances beyond its reasonable control.
No cash equivalent or alternative will be provided for any voucher awarded under the Promotion and vouchers are not redeemable for cash.
The voucher codes cannot be used in conjunction with any other offers or promotions.
The Promoter reserves the right, with or without cause to exclude any Participants in this Promotion or withhold any voucher where there has been a violation of any of these terms and conditions.
In the event of a dispute the decision of the Promoter is final and no correspondence will be entered into.
By participating in this Promotion, all Participants are deemed to give their consent to appear in future publicity materials or other promotional events and activities related to this Promotion.
By participating in this Promotion, Participants acknowledge and agree that certain personal data relating to them (including their name and geographical location) may be disclosed to third parties.
The Promoter reserves the right to amend or withdraw this Promotion in whole or in part, temporarily or permanently, without prior notice.
To the fullest extent permitted by law, the Promoter excludes:
- all conditions, warranties and other terms which might otherwise be implied; and
- any liability for any direct, indirect or consequential loss or damage incurred by any Participant in connection with this Promotion. This shall not be deemed to exclude or restrict liability for death or personal injury resulting from the negligence of the Promoter or its employees or agents.
Please retain these terms and conditions for future reference. Alternatively further copies are available by sending a stamped addressed envelope to the Promoter.
This Promotion is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the English courts.
The Promoter is Imperial Chemical Industries Limited, Wexham Road, Slough, Berkshire SL2 5DS.
Data protection: the Promoter is committed to protecting the privacy of Participants. Any information collected in connection with this Promotion will only be used by the Promoter or its agents for the purposes of marketing or administering this Promotion and future promotions or publicity material relating to this Promotion.
If you do not wish to receive marketing information from the Promoter, please write to the Promoter at the address above.
Dulux and Dulux Amazing Space are trademarks of Imperial Chemical Industries Limited. © Imperial Chemical Industries Limited 2016.
Dulux Paint+ Cashback Challenge
Subject to these Terms and Conditions you will be eligible to receive 100% of your original qualifying product purchase price including VAT as a cashback reward.
The Dulux Paint+ Cashback Challenge promotion is valid on new purchases of qualifying 2.5 L tins of paint: Dulux Endurance+TM Matt, DuluxTM Kitchen+ Matt, DuluxTM Bathroom+ Soft Sheen, Dulux Light + SpaceTM Matt, Dulux OnceTM Matt (“Qualifying Products”) made during the promotional period 26th August 2016 to 29 August 2016.
For full details please see challenge.dulux.co.uk.
A minimum of 2 Qualifying Products must be purchased to be eligible to participate in the promotion and a maximum of 10 Qualifying Products can be claimed.
The Dulux Paint+ Cashback Challenge is 100% of the total price paid including VAT for the original, registered qualifying product only, excluding optional extras and delivery charges.
The Dulux Paint+ Cashback Challenge promotion is open to private individuals in the United Kingdom. This offer is not open to businesses, sole traders, employees of AkzoNobel, their agents, wholesalers, resellers, retail staff, retailers or anyone connected with the promotion. Claims must be submitted by the final end customer only. Resellers and retailers may not submit registrations or claims on behalf of their customers.
To participate you must register your qualifying product within 48 hours of the time of purchase at www.challenge.dulux.co.uk and upload your receipt or invoice clearly showing the details of the qualifying product you have purchased (‘Registered product’), the date of purchase, the price paid and reseller or retailer from whom it was purchased (‘Purchase Details’). At point of registration you will also be required to upload a before picture of the room you are painting with your qualifying products.
To claim your 100% CASH BACK reward against your registered product you must return to the website www.challenge.dulux.co.uk and claim by logging into your account supplied on registration and upload a picture of the registered room fully painted within 48 hours of registration.
Only one registration and corresponding claim will be accepted per household during the Promotional Period. Claims will only be validated for the volume of paint used in relation to the size of the room.
Applications will be screened for validity to ensure that the transaction made is a bona fide purchase of the product. Claims will be verified to check the qualifying paint and completed room meet the terms and conditions of the promotion. The outcome of your claim will be communicated to you within seven (7) working days.
Provided that the Terms and Conditions of this promotion have been met you will receive your reward via pre-paid MasterCard® with your value cashback reward loaded which will be sent via royal mail within 28 days of validation of your claim. Please visit Duluxchallange.activatecard.com within the timeframe detailed on the Pre-paid card letter to activate and for full Terms and Conditions of the card usage.
If a claim is refused because the terms of the offer have not been met, the promoter's decision is final. The promoter reserves the right to withdraw, amend or terminate the promotion without notice.
The promoter reserves the right to change Qualifying Products during the promotional period. Claims will be deemed invalid if you return your product.
The promoter reserves the right to closely monitor usage of the promotional website, including users’ IP addresses, so that we may identify misuse, and disqualify applications
The promoter is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that this prevents the participant from or otherwise obstructs him/her in participating in the promotion.
If a claim is refused because the terms of the offer have not been met, The promoter's decision is final. The promoter reserves the right to withdraw, amend or terminate the promotion without notice.
Address for correspondence is firstname.lastname@example.org Promoter: Akzo Nobel LTD. Wexham Rd, Slough SL2 5DS (please do not send any applications or promotion-related correspondence to this address.)
The Dulux Paint+ Cashback Challenge is open to UK residents who purchase a qualifying Dulux Endurance+™ Matt, Dulux™ Kitchen+ Matt, Dulux™ Bathroom+ Soft Sheen, Dulux Light + Space ™ Matt, Dulux Once™ Matt from participating UK-based retailers of Dulux products, between 26th August 2016 to 29 August 2016.
Registration must be made via the registration form at www.challenge.dulux.co.uk within 48 hours of the time of initial purchase; Valid proof of purchase is required and an upload of the room before decorating with the Qualifying Dulux Paint. To claim you must return to challenge.dulux.co.uk upload a picture of the registered room fully decorated within 48 hours of the initial registration Only one registration and corresponding claim will be accepted per household during the Promotional Period.
Terms and exclusions apply. For full promotion terms and conditions visit www.challenge.dulux.co.uk.
Dulux Select Decorators Quality Assurance Guarantee
The Guarantee is available only for painting and decorating work on private residential premises in the UK which is carried out by an approved Dulux Select Decorator using the AkzoNobel brand portfolio: Dulux Trade, Sikkens, Glidden Trade, Hammerite, Cuprinol Trade and Polycell Trade. This Guarantee does not affect a homeowner’s statutory rights.
If the scheme member defaults on their guarantee Dulux will ensure they complete the work to a satisfactory level. If this is not possible Dulux will make alternative arrangements by appointing another scheme member within the liability of the guarantee to complete the work.
Claims under guarantee
Before making a claim under the guarantee the homeowner must first try to resolve the matter with the Dulux Select Decorator scheme member. Only where the matter has not been resolved to the homeowner’s satisfaction should they contact the Dulux Select Decorators membership scheme office.
- Tel: 0333 222 7022
- Email: email@example.com
- Address: Dulux Select Decorators, Freepost
- MID20389, Arnold, Nottingham NG5 1BR
Limit of liability
The guarantee covers the amount by which the cost of remedying the defective work, when taken together with the cost of the work already done, exceeds the original price quoted for the work. Subject to this, the homeowner remains liable to pay the Dulux Select Decorator scheme member for the work carried out by the Dulux Select Decorator scheme member unless otherwise agreed.
Where the complaint refers to property or personal damage, Dulux will in the first instance ask the homeowner and their scheme member to pursue this through the scheme member’s liability insurance. However, if for any reason this is not possible, Dulux will ask the homeowner to pursue the claim under their household insurance policy.
Under these circumstances Dulux will cover any excess payable and any additional cost the homeowner suffers due to an increase in their household insurance premium in the following twelve months. However, Dulux will not pay for any losses or costs that are not directly covered by the Terms and Conditions of this Guarantee.
The liability to Dulux under the Guarantee is capped at twice the invoiced cost of the work.
Dulux Perfect Colour Promise
- The Dulux Perfect Colour Promise promotion (the “Guarantee”) entitles a customer who has purchased a Dulux retail coloured emulsion product for interior walls or exterior (Dulux Weathershield retail) walls or trim (“Selected Product”) from participating stores during the promotional period and who is not happy with the colour of the product, to apply for a unique voucher for one replacement can of the same product in a different colour. For the avoidance of doubt Magnolia, Pure Brilliant White, Ultra White, Magic White and Dulux Trade products are excluded.
- The Guarantee is valid for Selected Products purchased at participating stores between 1st January 2016 and August 31st 2016.
- The Guarantee is available to all UK residents aged 18 and above except employees of the AkzoNobel group, their families, their agents or any other person connected with this promotion. The Guarantee is valid for individual customers only. Claims from companies, groups, clubs or organizations will not be honoured.
- The Guarantee is restricted to replacement of the product only and excludes any claim for labour or other costs in respect of the original or replacement product.
- To claim, fill in your details as stated on the steps on dulux.co.uk/guarantee and send to Dulux, Perfect Colour Promise, AkzoNobel, Wexham Road, Slough, Berkshire, SL2 5DS by no later than 31st December 2016 (your “Claim”). You must include a statement of 50 to 100 words detailing why you are not happy with your original product, a clear photo of the Selected Product applied in your house and your original itemised store till receipt clearly showing purchase and dated within the promotional period 1st of January 2016 to December 31st 2016.
- Upon receipt of a valid Claim, a unique voucher will be posted to you within 28 days. You can then take your unique voucher into any participating store to redeem your replacement product by no later than December 31st 2016. Replacement products are subject to availability. Full voucher terms and conditions apply.
- The unique voucher is issued for one can of product of the same size and type as the product it is replacing but in a different colour. The replacement product cannot be in the same colour as the unsatisfactory product.
- The Guarantee is limited to one voucher for one replacement product can per household. We will only accept one claim per envelope. No third party or bulk entries will be accepted.
- No responsibility can be accepted by the Promoter for Claims that are lost, damaged or delayed in the post. Photocopied Claims or receipts will deem the Claim invalid and will not be processed. Proof of posting does not constitute proof of delivery.
- It is not necessary for customers to return the unsatisfactory product and returns will not be accepted. Disposal of unused product is the responsibility of the customer.
- The voucher must be claimed by a resident of the property that is to be painted. The voucher has no cash value, is not transferable or assignable and cannot be used in conjunction with any other offers or promotions.
- The Promoter reserves the right to amend or withdraw this promotion without prior notice or compensation.
- This Promotion does not affect your statutory rights.
- If any provision in these Terms and Conditions (“T&Cs”) is found by any court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed not to be part of the T&Cs and it shall not affect the enforceability of the rest of the provisions of the T&Cs.
- Your personal data will only be used for the fulfillment of the Dulux Perfect Colour Promise promotion.
- AkzoNobel, the AkzoNobel logo, Dulux, the Flourish logo, Let’s Colour, the Dulux Perfect Colour Promise logo, distinctive colour names and liveries are trade marks of the AkzoNobel group ©AkzoNobel 2016.
- The Promoter is Imperial Chemical Industries Limited, Wexham Road, Slough, Berkshire SL2 5DS. Please ensure claims are sent to the address as detailed in point 5 as otherwise they will not be processed.
- This Promotion is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the English courts.
- This promotion is not available in the Republic of Ireland
Kids' Bedrooms Promotion (19th July – 30th September 2016)
- This promotion is open to United Kingdom residents (England, Scotland, Wales and Northern Ireland) aged 18 or over. Employees and their immediate families of AkzoNobel UK (the ‘Promoter’), its agents, third parties and anyone else professionally connected with this promotion are not eligible to enter.
- Promotion opens on 19th July 2016 and closes on 30th September 2016, or when all 2,000 rewards have been given out, whichever is first. On a first come first serve basis.
- Reward: will be sent out 3-4 weeks after the closing date on the 30th September
- Reward: a hanging bedroom sign will be sent out to every family that decorates their room with Dulux Paint this summer holiday, one reward per child and their new bedroom.
- By taking part in this promotion, all entrants will be deemed to have accepted and be bound by these terms and conditions.
- This promotion is governed by the English Law and participants submit to the exclusive jurisdiction of the English and Welsh courts.
- In the event of circumstances outside the reasonable control of the promoter, or otherwise where fraud, abuse, and/or an error (human or computer) affects or could affect the proper operation of this promotion and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the promotion or these terms and conditions, at any stage, but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.
- Participants should seek permission from their employer before entry into this promotion. Any tax liability as a result of entry is the participants own.
Retail Independents Cash Back Offer
- This promotion will be governed by these terms and conditions and entrants agree that they have read and understood these terms and conditions and will be bound by them.
- This promotion is only open to UK residents aged 18 years or over at the time of application, excluding employees and their immediate families of AkzoNobel NV group of companies (the “Promoter”), their agents, and anyone professionally connected to this promotion.
- ‘Promotional Period’; this promotion is open for purchases from 1st August 2016 through to 31st October 2016 but excludes purchases made between 26th – 29th August 2016.
- To receive your £10.00 Cash Back you must purchase Dulux or Polycell products - excludes Dulux Trade - for £30.00 or more in one single transaction within the promotional period from participating retailers. Complete your full name and address including postcode in the data entry form at the bottom of the leaflet and send the original promotional leaflet and your original itemised till receipt dated within the promotional period to the following address: Dulux Cash Back Offer (5620) , PO Box 106, Welshpool, Powys, SY21 7WW.
- Claims must be received by 14th November 2016.
- Cash Back claims are limited to one single claim per household.
- Valid applicants will receive the refund in the form of a cheque which will be made payable to the name detailed on the leaflet submitted.
- Your statutory rights are not affected.
- Cash Back cheques can only be sent to UK addresses. Please allow 28 days from receipt of a valid entry for receipt of your Cash Back cheque. Cheques will be made out to the person detailed in the claim only and are non-transferable.
- The Claimant is responsible for ensuring that they cash their cheque before its expiry date and the Promoter will not re-issue cheques in the event that the Claimant fails to cash their cheque before it expires.
- No bulk or third party applications will be accepted. Only original promotional leaflets sent with a valid original itemised till receipt dated within the promotional period from participating retailers will be accepted.
- Receipts cannot be returned. No responsibility can be accepted for claims or refunds that are lost, delayed or damaged in the post. Proof of posting an application is not proof of receipt. Photocopied receipts or photocopied promotional leaflets will not be accepted.
- Instructions to claim your Cash Back as detailed above form part of the terms and conditions of this promotion. Any claim that does not meet the specific requirements of the promotion will be deemed invalid.
- All decisions are at the Promoter’s absolute discretion and are final. No correspondence will be entered into by the Promoter. ©AkzoNobel 2016.
- Any personal information, including without limitation, the entrant’s name, address and telephone number will not be disclosed to any third party. Any personal information held by the Promoter in respect of this promotion will be held on record for a short period for the purpose of ensuring fulfillment of the promotion. If you wish to receive marketing communications in relation to other AkzoNobel UK Limited products please indicate this by writing Opt In on your Cash Back claim.
- These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and the courts of England shall have exclusive jurisdiction in relation to any disputes arising there from.
- Dulux, the Flourish logo and Let’s Colour are trademarks of The AkzoNobel group. Promoter: Imperial Chemical Industries Limited (trading as ICI Paints AkzoNobel) Wexham Road, Slough, Berkshire, SL2 5DS. (PLEASE DO NOT SEND APPLICATIONS TO THIS ADDRESS).
www.dulux.co.uk Terms and Conditions of Sale
These Terms will apply to any contract between us for the sale of goods to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked "I Accept" 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.
We amend these Terms from time to time as set out in clause 10. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. There Terms were most recently updated on 20th May 2015.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
- We are Imperial Chemical Industries Limited trading as ICI Paints AkzoNobel, a company registered in England and Wales under company number 218019 and with our registered office at 26th Floor, Portland House, Bressenden Place, London, SW1E 5BG (us, our or we). We operate the website www.dulux.co.uk (this/our site). To contact us, please see our Contact Us page Contact Us
2. Use of the site
3. How we use your personal information
4. If you are a consumer (this clause only applies if you are a consumer)
- If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
- As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. If you are a business customer (this clause only applies if you are a business)
- You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- These Terms and any documents referred to in them and any specification provided by us to you constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document referred to in them.
6. Purchasing Products
- After you place an order, you will receive an email from us acknowledging that we have received your order detailing the Products ordered and giving an estimated date for delivery. However, please note that this does not mean that your order has been accepted.
- We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us and you will only be formed when we send you the Dispatch Confirmation.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
- We reserve the right to cancel any orders which do not comply with these Terms or any other promotional offer terms and conditions at any time in the sale process.
- Please note, unfortunately we cannot deliver to addresses in Northern Ireland or to addresses outside of Great Britain mainland (this includes the Isles of Scilly, Isle of Mann, Isle of Wight, the Scottish Isles and the Channel Isles). Please see your dispatch confirmation for estimated delivery date.
- We commit to delivery of testers to you in 7 working days.
- The images of the Products on the website are for illustrative purposes only.
- We have made every effort to display the colours of the Products as accurately as electronic media will allow. However, we cannot guarantee an exact colour match of the on-screen colour to the colours of the actual Products, and the colours contained on the site should not be relied on as such. Colours may vary depending on your screen settings and resolution.
- We recommend that you use a colour tester on the actual surface to be painted before undertaking your decoration. This will give you a stronger indication of the appearance of the actual colour, which can be affected by the substrate and the texture of the surface, or by soft furnishings and the shape, size and lighting of the room. Please note that colour testers indicate the colour of the product only, and are not representative of the quality or sheen of the eventual product purchased.
- The packaging of the Products may vary from that shown on images on the site.
- All Products on our site are subject to availability. We will inform you by email as soon as possible if the Products ordered are not available and we will not be able process any orders. If you have already paid for the Product, we will refund you as soon as reasonably possible.
- For details of delivery of the Products purchased please see our Delivery and Returns Policy
- Please note, unfortunately we cannot deliver to addresses in Northern Ireland or to addresses outside of Great Britain mainland (this includes the Isles of Scilly, Isle of Mann, Isle of Wight, the Scottish Isles and the Channel Isles). Please see your dispatch confirmation for estimated delivery date.
9. Returns and Cancellations
- You may return any Products purchased from our site or cancel a Contract in accordance with the terms set out in our Delivery and Returns Policy
- The prices of the Products will be quoted on our site from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 10.5.
- Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
- The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. Please see the Delivery section.
- Our site contains a large number of Products. It is possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will attempt to inform you of this error and give the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products at the incorrect (lower) price.
- You can only pay for the Products using a PayPal account, debit or credit card.
- Payment for the Products and all applicable delivery charges is in advance.
- If you are a business customer, time for payment shall be of the essence.
12. Changes to these Terms
- We reserve the right to revise these Terms from time to time in the following circumstances:
- a. changes in how payment is accepted;
- b. changes in relevant laws and regulatory requirements; and
- c. any other reasonable circumstance from time to time.
- Each time you place an order for Products, the Terms in force at that time will apply to the Contract between you and us.
- Whenever we revise these Terms in accordance with this Clause 10, we will give notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
13. Our liability if you are a business (this clause only applies if you are a business customer)
- We only supply the Products for use by your business, and you agree not to use the Product for any re-sale purposes.
- a. Nothing in these Terms limit or exclude our liability for:
- b. death or personal injury caused by our negligence;
- c. fraud or fraudulent misrepresentation;
- d. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- e. defective products under the Consumer Protection Act 1987.
- Subject to clause 11.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- a. any loss of profits, sales, business, or revenue;
- b. loss or corruption of data, information or software;
- c. loss of business opportunity;
- d. loss of anticipated savings;
- e. loss of goodwill; or
- f. any indirect or consequential loss.
Subject to clause 11.1 and clause 11.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed three times the price of the Products purchased.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. 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. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14. Our liability if you are a consumer (this clause only applies if you are a consumer)
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is 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 into the Contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- a. death or personal injury caused by our negligence;
- b. fraud or fraudulent misrepresentation;
- c. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- d. 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); and
- e. defective products under the Consumer Protection Act 1987
15. 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 an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 13.2.
- 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.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- a. we will contact you as soon as reasonably possible to notify you; and
- b. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. Communications between us
- When we refer, in these Terms to “in writing”, this will include email.
- If you are a consumer:
a. To cancel a Contract in accordance with your legal right to do so under Consumer Protection (Distance Selling) Regulations 2000) (See our Delivery and Returns Policy), you should contact the Dulux Customer Care centre on 0333 222 71 71 (this is a local rate number and call charges will apply) or email notification of cancellation to firstname.lastname@example.org. Cancellation of a Contract is effective from the date of the phone call or when the e-mail is sent. You may wish to keep a copy of your cancellation notification for your own records.
b. If you wish to contact us in writing for any other reason, you can send this to us by email or by prepaid post to ICI Paints AkzoNobel, Wexham Road, Slough, Berkshire, SL2 5DS. You can also contact us by calling the Dulux Customer Care centre on 0333 222 71 71.
- If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
- If you are a business, please note that any notice given by you to us, or by us to you, 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 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 email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the services of any proceedings or other documents in any legal action.
- The Contract is personal to you and you may not transfer your rights and obligations under these Terms to another person without our prior written consent.
- The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 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.
- These Terms are governed by English law. This means that 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) will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction (unless you are a consumer and resident in either Northern Ireland or Scotland, in which case you may also bring proceedings in those countries).
We own the copyright, trademarks, design right and all other intellectual property rights in the Products and you agree that these rights may not be used in any way without our written consent.