PaintNuts Terms and Conditions

The 'small print' technical information you might need to know

Please read these Terms carefully - they set out how we will provide products to you, any changes to the contract, what to do if there is a problem and other important information. 

1. What these terms cover

These are the terms and conditions (‘the Terms’) on which PaintNuts Limited ('we', 'us', 'our'), a company registered in England and Wales supply products to you.  Our registered VAT number is 328910004.

2. How to contact us

• You can contact us by telephoning our customer service team at 01254 914439 or by emailing us at [email protected] or writing to us at PaintNuts Ltd, M&M Buildings, Duckworth Street, Darwen BB3 1AT
• If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  (When We use the words "writing" or "written" in these terms, this refers to email as well as postal communications)

3. Our contract with you

• Our acceptance of your order will take place when we dispatch your goods and respond with an email to indicate that your order has been dispatched, at which point a contract will come into existence between you and us. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
• If we cannot or are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
• Your order number. We will assign an order number to your order and tell you what it is in the 'Order Acknowledgement'. It will help Us if you can tell us the order number whenever you contact us about your order.
• Track your order. You can check your order by simply signing into your account and following the ‘view my orders’ section, which shall display the status of your order as one of the following:
• Order received: We have not started to process your order yet.
• Order processing: We have started to pick your goods and your order will be at a point between our warehouse and goods dispatch.
• Order Dispatched: Your order has left our warehouse. You will receive an email to confirm that your order items have been despatched. (Depending on our chosen carrier, you may receive a separate email from Us that will detail how to track your order). In the case of heavy products such as tools, paints, customised items or where there is a long lead time, "Dispatched" may mean that you've been charged for your order, and you'll be notified of delivery separately.
• Cancelled: means that either we or you have cancelled your order.

4. Our products 

• Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the images, sizes, shapes, and colours accurately, we cannot guarantee that a device's display of them accurately reflects their true appearance, function, and nature. Your product may vary slightly from those images.
• Product packaging may vary from that shown in images on our website.
• Our Paints are NOT OEM Manufactured Genuine Parts.
• By accepting these terms and conditions, you acknowledge in relation to our paint products, that these are Custom Made to Order, and they CANNOT be cancelled or refunded once they have been manufactured, which can be within a few hours of you placing your order.

5. Making changes 

• Your right to make changes. If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract see clause 7.
• Our right to make changes - we may change the product: to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat.

 

6. Providing the products

• Delivery costs and guidelines will be as displayed paintnuts.co.uk/delivery
• When we will provide the products - during the order process we will let you know when we will provide the products to you but shall deliver them as soon as reasonably possible and in any event unless otherwise notified to you within 30 days after the date of the 'Order Acknowledgement'.
• We are not responsible for delays outside our control - If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received once received back to us from the courier.
• If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 09:00 – 17:00 on any weekday (excluding public holidays).
• If you do not then collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11 will apply.
• When you become responsible for the goods - products will be your responsibility from the time we deliver the product to the address you gave us, or you or a carrier organised by you or where you collect it from us.
• You own a product or goods once we have received payment in full without any set-off or counterclaim.
• What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the specification of the product which you require or the purpose for which you require the product. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information if we deem that it is required. If you do not give us this information within a reasonable time of asking for it, or if you give us incomplete or incorrect information, We may either end the contract (and clause 11 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
• Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
• Deal with technical problems or make minor technical changes.
• Update the product to reflect changes in relevant laws and regulatory requirements.
• Make changes to the product as requested by you or notified by us to you.

• Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product for more than 1 month or cease to supply it altogether.  

• Please also note: If a parcel has been delivered to the address on the order and the courier has provided the details of the delivery and you contact us after 30 days from the date of your order, we will not be liable if you advise you do not have the parcel, this also applies to C/O (care of) addresses, we also do not ship to PO Boxes.
• Courier Discretion:  Couriers can and do use their discretion when delivering parcels, they may deem your property to have a “safe place” in which to leave your parcel, such as a porch, side entrance, behind a household waste bin etc. When the courier delivers the item, they usually take photographic evidence of the delivery, and you will receive a message to say this has been delivered. 

• As the customer it is YOUR responsibility to track your own parcel using the tracking information provide to you on your “Your Shipping Details” confirmation email.
• When you receive your message, you MUST check the tracking information with the courier to see where this has been left.
• We will not be held liable for customers who do not read or check their messages or emails from couriers advising of the delivery.
• We will also not be held liable for a parcel that has been photographically evidenced in a delivery to your property and this subsequently cannot be located.

7. Your rights to end the contract

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how We are performing and when you decide to end the contract:

• If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
• If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.5.1;
• If you have just changed your mind about the product, see clause 7.6. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any goods.
• In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.2.
• Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at5.1 to 7.5.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
• We have told you about an upcoming change to the product or these terms which you do not agree to.
• We have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.
• There is a risk that supply of the products may be significantly delayed because of events outside our control.
• We have suspended supply of the products for technical reasons, or notify you We are going to suspend them for technical reasons, in each case for a period of more than 1 month or cease to supply it altogether; or
• You have a legal right to end the contract because of something we have done wrong.
• Exercising your right to change your mind -Consumer Contracts Regulations 2013 (applicable only if you are a consumer). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8. When you don't have the right to change your mind.

• You do not have a right to change your mind:
  • All our colour matched paints are custom made to order items; these are paint formulations mixed to customers vehicle specific details / paint code / name.
  • When products which are painted with a bespoke colour specifically requested by the consumer.
  • In respect of any products which become mixed inseparably with other items after their delivery.
  • How long do I have to change my mind? (This is only applicable if you are a consumer) You have 14 days after the day you (or someone you nominate) receives the goods, unless:
    • Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
    • Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

         Ending the contract where we are not at fault and there is no right to change your mind.

• Even if we are not at fault and you do not have a right to change your mind see clause 7.1, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact Us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur because of your ending the contract.

• Example:

You have placed an order for:

• 1 x Custom Made Paint Pen
• 1 x Aerosol Lacquer
• 1 x Aerosol Primer

We will only refund you for the Lacquer and Primer as the custom-made paint has been manufactured and mixed to order and has now become a product that is inseparable.

 

9. How to end the contract with us (including if you have changed your mind- for consumers only)

• Tell us you want to end the contract by doing one of the following:  
• Phone or email. Call customer services on 01254 914439 or email us on [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
• at www.paintnuts.co.uk/orders-and-cancellations on our website.
• By post. Write to us at Paintnuts Ltd M&M Buildings, Duckworth Street, Darwen, BB3 1AT including details of what you bought, an order number, when you ordered or received it and your name and address.
• Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us at PaintNuts Ltd, M&M Buildings, Duckworth Street, Darwen BB3 1AT - either in person or post them back to us or allow us to collect them from you.

If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract, otherwise we cannot process a refund.

 

10. When we will pay the costs of return

• In all circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.   
• Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
• When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then if we have not offered to collect the products, your refund will be made within 14 days from the day on which We receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see https://www.paintnuts.co.uk/pages/returns-and-refunds

 

11. Our rights to end the contract

We may end the contract if you break it, and we may end the contract for a product at any time by writing to you if:

• you do not make any payment to us when it is due, and you still do not make payment within 2 business days of us reminding you that payment is due.
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
• you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

 

You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

We may withdraw the product. We may write to you to let you know that we are going to stop providing the product and will refund any sums you have paid in advance for products which will not be provided.

 

12. If there is a problem with the product 

• How to tell us about problems. If you have any questions or complaints about the product, please contact Us. You can telephone Our customer service team at 01254 914439 or write to us at [email protected] or PaintNuts Ltd, M&M Building, Duckworth Street, Darwen, BB3 1AT.
• Summary of your legal rights AS A CONSUMER ONLY. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights AS A CONSUMER ONLY This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website https://www.citizensadvice.org.uk/ or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: Up to 30 days: if your goods are faulty, then you can get an immediate refund. Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. up to six months: if your goods do not last a reasonable length of time, you may be entitled to some money back.   This excludes our custom made to order paints, that do have a lifespan, the container lid/cap they are sent in MUST be replaced to not dry out the paint, if the lid/top is not replaced and your paint dries out, we are not liable for this, we are not liable for the paint settling/separating whilst left idle for a long period of time, our car paints are generally used for the DIY purpose of repairing scratches and scuffs and is usually used within a few weeks of purchase, if your paint is for example 3 months old before using, you MUST re-mix this thoroughly in order to get the shade back to what it was when it was manufactured.  Missing Items - If you have an item missing from your order, you must inform us within 30 days of the delivery date, and we will do our best to help, after 30 days we will be unable to investigate. Colour Matched Paints - We must be informed within 30 days if there appears to be a discrepency in the colour of the paint received, before contacting us, we would recommend you turn the bottle or pen upside down for for 2-3 minutes and then give the paint a thorough mix for 2-3 minutes, this will help with metallic paints.   See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

• Your obligation to return rejected products – AS A CONSUMER ONLY. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to Us or (if they are not suitable for posting) allow Us to collect them from you. We will pay the costs of postage or collection, if faulty or misdescribed only. Please call customer services on 01254 914439 or email us [email protected]

 

PLEASE NOTE: - If you reject an order upon its delivery to the delivery address on your order, this will be returned to us by the courier and can take upto 21 days to be returned to us. Any non-Custom Made to Order items on the order will be refunded back to the original payment method, you will not be refunded for any Custom-Made to Order paint Products in that order nor the delivery costs that we have incurred.

 

13. Price and payment 

• Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
• We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date We supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
• What happens if we got the price wrong? It is always possible that, despite Our best efforts, some of the products We sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before We accept your order. If We accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
• When you must pay and how you must pay. We accept payment with Visa, Visa Debit, Maestro, MasterCard, PayPal and WorldPay and you must pay for the products before We dispatch them.

 

14. Our responsibility for loss or damage

We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any loss or damage whatsoever incurred or suffered by it arising out of this Contract of an indirect, special, or consequential nature including without limitation any economic loss or other loss of turnover, profits, business, or goodwill.

 

Subject to clause 12.2, Our liability under or in connection with this Contract, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the price which you pay to Us for the products.

 

You shall indemnify, keep indemnified and hold Us harmless from and against any and all loss and damage, including that of a direct, indirect, special or consequential nature and any economic loss or other loss of turnover, profits, business or goodwill whether arising in contract, tort (including negligence), breach of statutory duty or otherwise for breach of its obligations under this Contract. This includes, where a customer has not followed the instructions provided and resulting in a misapplication or bad/incorrect application of the product or has applied paint to the vehicle BEFORE doing a test spot/test area on the vehicle. Our paint is made to order for vehicles, they are not recommended for any other purpose than it’s intended use, we are therefore also not liable for any loss from using the product for anything other than it’s intended use.

 

• We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights where you are acting as a consumer.

 

15. How we will use your personal information

We will use the personal information you provide to us:

• to supply the products to you.
• to process your payment for the products.
• if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
• as otherwise detailed within our Privacy Policy available via https://www.paintnuts.co.uk/pages/privacy-policy-and-cookie-policy

 

16. Other important terms

• We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
• You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
• Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.
• If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
• Even if we delay in enforcing this contract, we can still enforce it later. If We do not insist immediately that you do anything you are required to do under these terms, or if We delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment later.
• Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English Law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.