Terms & Conditions
TERMS & CONDITIONS
Background
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.paperonwall.com (“Our Site”). Please read these Terms of Sale carefully and ensure that You understand them before ordering any Goods from Our Site.
Our Site, www.paperonwall.com is owned and operated by David Pugh trading as Paper on Wall whose main trading address is 248 Burnley Road, Todmorden, OL14 8EA and whose email address is hello@paperonwall.com
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract”
means a contract for the purchase and sale of Goods, as explained in Clause 2;
“Goods”
means the Goods sold by Us through Our Site;
“Order”
means your Order for Goods;
“Order Confirmation”
means our acceptance and confirmation of your Order;
“You/Your”
means the customer;
“We/Us/Our”
means David Pugh trading as Paper On Wall whose main trading address 248 Burnley Road, Todmorden, OL14 8EA
2. Orders – How the Contract is Formed
2.1 Our Site will guide You through the ordering process. Please ensure that You have checked Your Order carefully before submitting it. We do not take responsibility for the over or under ordering of Goods. We offer a print to order service only and do not print batches, therefore any additional orders arising from under ordering will be treated as entirely separate orders and will not be added on to previous orders. See Clause 8: Printing to Order.
2.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending You an Order Confirmation by email. Only once We have sent You an Order Confirmation will there be a legally binding Contract between Us and You.
2.3 If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your Order due to incorrect or incomplete information, We will contact You to ask you to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your Order and treat the Contract as being at an end. If We incur any costs as a result of Your incorrect or incomplete information, We may pass those costs on to You.
2.4 In the unlikely event that We do not accept or cannot fulfil Your Order for any reason, We will explain why in writing.If We have taken payment any such sums will be refunded to You as soon as possible.
2.5 Any refunds due under this Clause 2 will be made using the same payment method that You used when ordering the Goods.
2.6 You may only purchase Goods through Our Site if You are at least 18 years of age. You must register by providing Your real name, phone number, email address, payment details and other requested information also provide a valid delivery address and a valid credit or debit card issued by a bank acceptable to Us. PO box numbers, hotels and temporary addresses are not permitted.
3. Payment
3.1 Payment for Goods and related delivery charges must always be made in advance and You will be prompted to pay during the order process.
3.2 We will not dispatch Goods unless We have received payment for the Goods and delivery charges in full. We reserve the right to refuse to accept any orders of Our Goods.
4. Lead Times
4.1 We operate a print to order service on all of Our Goods and the lead time from placement of Your Order to delivery of the ordered Goods can be up to 6 weeks.
4.2 For larger orders a faster turnaround may be available and You should email Us for more details before placing Your Order if You have a large Order.
5. Delivery, Risk and Ownership
5.1 Once an Order is placed it will be dispatched and delivered in line with the lead time set out in Clause 4.
5.2 We shall not be liable for delays and/or failures in delivery where access cannot be gained to the delivery address by couriers or postal services. We may charge You for storage costs and for re-delivery. If We cannot contact You despite Our reasonable efforts, or We cannot arrange re-delivery or collection, We may end the Contract and issue You with a refund but may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
5.3 Delivery shall be deemed complete and the responsibility for the Goods will pass to You once We have delivered the Goods to the address [including, where relevant, any alternative address] You have provided.
5.4 Ownership of the Goods passes to You once We have received payment in full of all sums due (including any applicable delivery charges).
5.5 You shall be liable for payment of any import and customs duties. We will not be liable for any such charges and You agree to indemnify Us against any and all consequential losses suffered by Us as a result of Your failure to ensure such duties are paid.
5.6 Any refunds due under this Clause 5will be made using the same payment method that You used when ordering the Goods.
5.7 Risk of damage in transit - We carry the risk of loss or damage to the Goods from the time of dispatch until the time You receive them. Ownership of the Goods passes to You once We have received payment in full of all sums due (including any applicable delivery charges). If You return the Goods to Us for any reason, You bear the risk of damage in transit. The Goods will become Our property and be at Our risk from the time We receive them.
6. Events Outside of Our Control (Force Majeure)
6.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
6.2 If any event described under this Clause 6 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale We will inform You as soon as is reasonably possible. Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly.
7. Samples, Colours, Appearance and Attributes
7.1 Images of the Goods on Our website are for illustrative purposes only.There may be variations in colour between the images of Our Goods and the actual Goods sold due to differences in computer displays and lighting conditions. We advise that You purchase and examine samples of Our Goods prior to placing an order.
8. Printing to Order: Colour Variations
8.1 We only print Our Goods (wallpaper) to order and do not print in batches. Because the printing process We use can result in slight variations in colour and print between different orders of the same design We cannot guarantee an exact colour match between different orders.
8.2 Before purchasing Goods (wallpaper) from Us You should therefore check that You have ordered the correct number of rolls for Your project and that You have a surplus should You need more paper later. We will not be liable for problems arising from under or over ordering of Goods. See Clause 2: Orders: How the Contract is Formed.
9. Paper Hanging
9.1 All of Our wallpapers are intended for interior use.
9.2 No claim can be accepted for hanging wrongly ordered wallpapers or after wallpapers have been cut and hung showing defects which were apparent at the time of hanging.
9.3 General hanging instructions are provided on Our website, these are given in good faith but without guarantee as factors including site conditions and the competency of the installer are beyond Our control. We accept no responsibility for papers that are not hung properly. If You are inexperienced or in any doubt, it is advisable to use the services of a professional decorator.
10. Pricing
10.1 The price of the Goods is that set out on Our Site at the date of Order.
10.2 Our prices do not include delivery which will be charged separately at the rates declared on Our website.
10.3 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
10.4 In the event that the price of Goods You have ordered changes between Your Order being placed and Us processing that Order and taking payment, You will be charged the price shown on Our Site at the time of placing Your Order.
11. Cancelling and Returning Goods if You Change Your Mind
11.1 You have a legal right to a 14 day “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
11.2 If you wish to exercise your right to cancel, you must inform Us of your decision within the 14 day cooling-off period. We request that You do this by email to hello@paperonwall.com.
11.3 Cancellation is effective from the date on which You send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, You send Us an email or letter by 23:59:59 on the final day of the cooling-off period, Your cancellation will be valid and accepted.
11.4 When You contact Us, please provide Your name, address, email address, telephone number, and Order Number.
11.5 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however, please note that you are under no obligation to provide any details if you do not wish to.
11.6 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 11.
11.7 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
11.8 You must bear the delivery costs of returning the Goods to Us.
11.9 You may lose Your legal right to cancel Your Contract if the returned Goods are not received by Us in a sellable condition.
11.10 We will not be liable for Goods that do not reach Us or Goods that are damaged in transit. When returning Goods You are advised to ensure products are well packaged and shipped via a recorded delivery service with appropriate insurance. You are also advised to retain proof of postage.
11.11 You may return Goods to Us by post or another suitable delivery service of Your choice to Our returns address which is:
Returns
Paper On Wall
248 Burnley Road
Todmorden
Lancashire
OL14 8EA
11.12 Please include with Your returned Goods details of Your name and Order Number.
11.13 Refunds will be issued to You within 14 working days of Us receiving the Goods.
11.14 If You cancel this Contract, We will reimburse all payments received from You excluding the costs of delivery.
11.15 Refunds will be made using the same payment method that You used when ordering the Goods.
12. Faulty or Damaged Goods
12.1 If the Goods You have purchased have faults or are damaged when You receive them, or if You receive incorrect Goods, please contact Us by email at hello@paperonwall.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund or replacement.
12.2 Please note that You will not be eligible to claim under this Clause 12 if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Goods for that purpose; or the problem is the result of misuse or intentional or careless damage.
12.3 To return faulty, damaged or incorrect Goods to Us for any reason under this Clause 12, please contact Us at hello@paperonwall.com to arrange a return.
13. Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13. 3 Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
14. Communication and Contact Details
14.1 If You wish to contact Us with general questions, complaints or feedback, or for matters relating to the Goods or Your Order or for matters relating to cancellations You may contact Us by email at hello@paperonwall.com or by post at 248 Burnley Road, Todmorden, OL14 8EA.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal data that We may collect about You and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy.
16. Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
16.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
16.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
16.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
16. 6 We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is Your responsibility to read the terms and conditions on each occasion You use the Website and Your continued use of the Website shall signify Your acceptance to be bound by the latest terms and conditions.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and the English courts shall have jurisdiction to resolve any disputes between us.