Terms and conditions

Background

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website, www.makercoatingonline.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.

Definitions and Interpretation

In these Terms and Conditions, 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 8;
“Dispatch Confirmation” means our acceptance and confirmation of your Order;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“We/Us/Our” means Maker Coating Systems Ltd, a company registered in England under 1448795, whose registered address is Unit 5, Thorverton Road, Exeter, EX2 8FS and whose main trading address is Unit 5, Thorverton Road, Exeter, EX2 8FS.

Information About Us

Our Site, www.makercoatingonline.co.uk, is owned and operated by Maker Coating Systems Ltd, a limited company registered in England under 1448795, whose registered address is Unit 5, Thorverton Road, Exeter, EX2 8FS and whose main trading address is Unit 5, Thorverton Road, Exeter, EX2 8FS. Our VAT number is 320 890668.

Access to and Use of Our Site

Access to Our Site is free of charge.

It is your responsibility to make any and all arrangements necessary in order to access Our Site.

Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.

Age Restrictions

Consumers may only purchase Goods through Our Site if they are at least 18 years of age.

Business Customers

These Terms and Conditions do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business Terms of Sale.

International Customers

If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.

Goods, Pricing and Availability

We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:

Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;

Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary, and
Due to the nature of the Goods sold through Our Site, there may be a variance in the size, capacity, dimensions, measurements, weight, or colour of those Goods between the actual Goods and the description.

Please note that sub-Clause 7.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).

Where appropriate, you may be required to select the required size, model, colour or pack size of the Goods that you are purchasing.

We neither represent nor warrant that Goods will be available. Stock indications are provided on Our Site, however such indications may not be accurate due to the limitations of our stock updating system.

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. All pricing information is reviewed and updated every regularly. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).

All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:

We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 5 working days, We will treat your Order as cancelled and notify you of the same in writing.

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.

All prices on Our Site are subject to VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

Delivery charges are not included in the price of Goods on Our Site. For more information on delivery charges, please refer to our delivery information page Delivery options and related charges will be presented to you as part of the order process.

Orders – How Contracts Are Formed

Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.

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 a Dispatch Confirmation by email. Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.

Dispatch Confirmations shall contain the following information:

Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

Estimated delivery date(s) and time(s);

We will also include a paper copy of the Dispatch Confirmation with your Goods.

If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 working days.

Payment

Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.

We accept the following methods of payment on Our Site:

BACS payment;

Debit and Credit Cards;

CHAPS payment;

Faster Payment

Sage Pay;

Delivery, Risk and Ownership

All Goods purchased through Our Site will normally be delivered within 30 calendar days of the date of Our Dispatch Confirmation unless otherwise agreed (subject to delays caused by events outside of Our control, for which see Clause 15).

If We are unable to deliver the Goods on the delivery date (if, for example, no one is available at your address to receive the Goods) We will attempt to redeliver the goods in accordance with our couriers terms and conditions.

In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our dispatch confirmation (unless otherwise agreed as under sub-Clause 10.1), if any of the following apply you may cancel your Order immediately:

We have refused to deliver your Goods; or

In light of all relevant circumstances, delivery within that time period was essential; or

You told Us when ordering the Goods that delivery within that time period was essential.

If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then cancel your Order.

You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.

Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.

The risk in the Goods shall remain with Us until they come into your physical possession.

Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

Faulty, Damaged or Incorrect Goods

By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. The term Damage in this context does not apply to any outer packaging.

Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.

Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them); 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 if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.

You may return most goods supplied by us in their original condition within 7 days of the date you received them and obtain a refund. Please contact us first should you wish to return the goods.

Provided the goods are returned unopened and in re-saleable as new condition, with their original box, packing and accessories as appropriate we will refund the full cost less the original carriage cost.

Please note that we are only able to accept returns within ONE calendar month of the invoice date.

If you open tins and original packaging then we will not be able to offer the goods for resale as new so we will not be able to offer you a refund.

We are unable to offer refunds on items that have been especially made to a specific colour for you.

We are unable to offer refunds on Fire Resistant/Intumescent coatings.

Return shipment will be at your own cost. We cannot arrange a third party collection on your behalf. When returning goods we recommend that you use a carrier who offers shipment tracking and that you insure the package for its full value. You will be responsible for any loss or damage to the goods during transit.

Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.

Refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased provided that the return is due to an error on Our part.

For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Guarantee

Please note colour reproduction is limited by the technology used to deliver web pages and by the colour representation of your own monitor and computer set-up. We have made every effort to display as accurately as possible the colours of our products but we cannot guarantee that the colour you see on your monitor’s display will accurately reflect the colour of the product on delivery.

Our Liability to Consumers

Nothing in these Terms and Conditions 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.

Events Outside of Our Control (Force Majeure)

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. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

We will inform you as soon as is reasonably possible;

Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

If the contract is cancelled by you or by Us under this Clause 15, any relevant Goods that must be returned will be returned at Our expense (with Us reimbursing you where appropriate).

Communication and Contact Details

If you wish to contact Us with general questions, complaints or for matters relating the Goods or your Order you may contact Us by telephone at 01392822600, by email at enquiries@makercoatingonline.co.uk, or by post at unit 5, Oak business Units, Thorverton Road, Exeter, EX2 8FS.

Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

By email, addressed to Managing Director at enquiries@makercoatingonline.com

By contacting Us by telephone on 01392 822600

How We Use Your Personal Information (Data Protection)

All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

We may use your personal information to:

Provide Our Goods and services to you;

Process your Order (including payment) for the Goods; and

Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.

In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

We will not pass on your personal information to any third parties.

Other Important Terms

We may transfer (assign) Our obligations and rights under these Terms and Conditions (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 and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

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 and Conditions. [This is subject to sub-Clause 19.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.]

If any of the provisions of these Terms and Conditions 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 and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.

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We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

It is your responsibility to read all data sheets (available upon request) prior to application. Any specification given is our best recommendation from the information supplied and is given in good faith but without warranty. Coverage rates quoted are approximate; coverage will depend on the condition of the substrate, surface absorption, texture and application method. We ALWAYS recommend a trial area is coated to ensure the product meets your requirements before use.

Law and Jurisdiction

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.