Policies Page

Terms and Conditions of Use

Introduction

1. These terms and conditions govern your use of our website.
2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
3. If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
4. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

Copyright notice

1. Copyright (c) 2021 Colour Splash Supplies
2. Subject to the express provisions of these terms and conditions:
1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. all images used are subject to the manufacturers terms and conditions and cannot be used by third parties.

Licence to use website

1. You may:
1. view pages from our website in a web browser;
2. download pages from our website for caching in a web browser;
3. print pages from our website;
4. stream audio and video files from our website; and
5. use our website services by means of a web browser,
2. subject to the other provisions of these terms and conditions.
3. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4. You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
5. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
6. Unless you own or control the relevant rights in the material, you must not:
1. republish material from our website including republication on another website;
2. sell, rent or sub-license material from our website;
3. show any material from our website in public;
4. exploit material from our website for a commercial purpose; or
5. redistribute material from our website.
7. Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
8. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable use

1. You must not:
1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
5. access or otherwise interact with our website using any robot, spider or other automated means;
6. violate the directives set out in the robots.txt file for our website; or
7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Products

1. The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
2. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
3. The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
4. Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.

Your content: licence

1. In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
3. You grant to us the right to sub-license the rights licensed under Section 6.2.
4. You grant to us the right to bring an action for infringement of the rights licensed under Section 6.2.
5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6. You may edit your content to the extent permitted using the editing functionality made available on our website.
7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your content: rules

1. You warrant and represent that your content will comply with these terms and conditions.
2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
1. be libellous or maliciously false;
2. be obscene or indecent;
3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
4. infringe any right of confidence, right of privacy or right under data protection legislation;
5. constitute negligent advice or contain any negligent statement;
6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
7. be in contempt of any court, or in breach of any court order;
8. be in breach of racial or religious hatred or discrimination legislation;
9. be blasphemous;
10. be in breach of official secrets legislation;
11. be in breach of any contractual obligation owed to any person;
12. depict violence, in an explicit, graphic or gratuitous manner;
13. be pornographic, lewd, suggestive or sexually explicit;
14. be untrue, false, inaccurate or misleading;
15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
16. constitute spam;
17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
18. cause annoyance, inconvenience or needless anxiety to any person.

Report abuse

1. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
2. You can let us know by email.

Limited warranties

1. We do not warrant or represent:
1. the completeness or accuracy of the information published on our website;
2. that the material on the website is up to date; or
3. that the website or any service on the website will remain available.
2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
3. To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Limitations and exclusions of liability

1. Nothing in these terms and conditions will:
1. limit or exclude any liability for death or personal injury resulting from negligence;
2. limit or exclude any liability for fraud or fraudulent misrepresentation;
3. limit any liabilities in any way that is not permitted under applicable law; or
4. exclude any liabilities that may not be excluded under applicable law.
2. The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
1. are subject to Section 10.1; and
2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Breaches of these terms and conditions

1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
1. send you one or more formal warnings;
2. temporarily suspend your access to our website;
3. permanently prohibit you from accessing our website;
4. block computers using your IP address from accessing our website;
5. contact any or all your internet service providers and request that they block your access to our website;
6. commence legal action against you, whether for breach of contract or otherwise; and/or
7. suspend or delete your account on our website.
2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Third party websites

1. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
2. We have no control over third party websites and their contents, and subject to Section 10.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Variation

1. We may revise these terms and conditions from time to time.
2. The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

Assignment

1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Sever ability

1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

1. These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
2. The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

Entire agreement

1. Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

1. These terms and conditions shall be governed by and construed in accordance with English law.
2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Our details

1. This website is owned and operated by Leanne Wyatt t/as Colour Splash Supplies.
2. Our principal place of business is Rosebank, Manchester Road, Ninfield, East Sussex, TN33 9JX.
3. You can contact us by writing to the business address given above or by using our website contact form.

Delivery Policy

Introduction

1. This policy contains details of the delivery methods, periods and charges that apply to orders for our products made through our website , Facebook page, telephone or email.
2. This policy is a legally binding document, and forms part of the contract of sale between you and us made under our terms and conditions of sale.

Geographical limitations

1. We will usually be able to deliver to the following countries and territories: England, Scotland, Wales and Northern Ireland excluding the Republic of Ireland and The Channel Islands.
2. We may from time to time agree to deliver products to other countries and territories.

Delivery methods and periods

1. The methods that we use to deliver our products, and the time periods within which delivery is usually completed, are as follows:
1. if your delivery address is on the United Kingdom mainland, orders will be delivered using Royal Mails 1st class postal service or Royal Mail’s 1st class signed for postal service if the order is over £60. The current estimated time for delivery by this method is 1-5 business days from dispatch.
2. For confirmation of shipping method please see your confirmation of dispatch email that you will receive on the day of dispatch.
3. The delivery periods set out in this Section 3 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.

Delivery charges

1. Delivery charges will be calculated by our website and automatically applied to your order during the checkout process.

Delivery Confirmation / Tracking

1. Delivery confirmation is available in respect of all orders sent by Royal Mail’s 1st class signed for postal service.
2. To track your delivery, enter your order number which is provided on you order confirmation into our delivery service provider’s website here: https://www.royalmail.com/track-your-item#/
3. If an initial delivery attempt by Royal Mail is unsuccessful, Royal Mail will leave a calling card to allow you to rearrange delivery to a time that suits or arrange collection from the postal service.

Delivery problems

1. If you experience any problems with a delivery, please contact us using the contact details that we publish on our website or otherwise notify to you.
2. If our deliver service provider is unable to deliver your products, and such failure is your fault and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery.
3. An indicative list of the situations where a failure to deliver will be your fault is set out below:
1. you provided the wrong address for delivery;
2. there is a mistake in the address for delivery that was provided;
3. the address for delivery is not reasonably accessible;
4. the address for delivery cannot safely be accessed;
5. if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or
6. if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.

Returns Policy

Introduction

1. We understand that from time to time you may wish to return a product to us.
2. We have created this policy to enable you to return products to us in appropriate circumstances.
3. This policy shall apply to all of our customers, irrespective of their geographical location.
4. This policy shall apply to all orders submitted through our website, Facebook or other selling platforms.
5. This document does not affect any statutory rights you may have as a consumer such as rights under the Sale of Goods Act 1979 or the Consumer Contracts Information, Cancellation and Additional Charges Regulations 2013.

Returns

1. If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:
1. we receive the returned product within 45 days following the date of dispatch of the product to you;
2. the returned product is unused, in its original unopened packaging with any seal or shrink-wrap intact, with any labels still attached, and otherwise in a condition enabling us to sell the product as new;
3. you comply with the procedure set out in this policy in relation to the return of the product; and
4. none of the exclusions set out in this policy apply.

Returns procedure

1. In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.
2. We recommend products returned under this policy are sent by a tracked postal service to Colour Splash Supplies Rosebank, Manchester Road, Ninfield, East Sussex postal address. Refunds will only be processed once items have been received back in the condition that they were sent.
3. You will be responsible for paying postage costs associated with returns under this policy.

Exclusions

1. The following kinds of products may not be returned under this policy:
1. any product made to your specification;
2. any product personalised or adapted for you;
3. gift vouchers

Refunds

1. We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
2. We will not refund to you any costs you incur in returning the product to us.
3. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
4. We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.

Improper returns

1. If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:
1. we will not refund the purchase price or exchange the product;
2. we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
3. if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

Our details

1. This website is owned and operated by Leanne Wyatt t/as Colour Splash Supplies.
2. Our principal place of business is at Rosebank, Manchester Road, Ninfield, East Sussex, TN33 9JX.
3. You can contact us by writing to the business address given above or by using our website contact form.