Terms and Conditions
Thank you for using Painters Books, you can find out more about us here. We aim to please crafters and hope that you enjoy using our website. Our mission is simple – to please you, the customer so rest assured that we will do our best to help you.
- You can buy from our site with confidence; we will take care of your data and we will not pass your details onto any third parties.
- All stock items are despatched same day or next day. For more information see our delivery.
- Our returns policy is simple - If you're not happy with a product, return it to us in its original packaging and we'll replace or refund it. This does not affect your statutory rights.
Offer and Promotion Terms and Conditions
- This offer is limited to 1 use per customer unless otherwise stated.
- Cannot be used in conjunction with any other offer or promotion unless otherwise stated.
- Subject to availability.
- Offers can be withdrawn at any time without prior notice.
- We reserve the right to cancel your order.
However things are never this simple! Our keen lawyers have prepared these rather engaging terms and conditions to protect us both so please read on.
They comprise a) Website terms and conditions and b) Terms and conditions for the supply of products.
A. Website Terms and Conditions
www.painters-books.co.ukis a site operated by F&W Media International. The terms ‘Painters Books’ or ‘F&W Media International’ or ‘F&W’ or ‘us’ or ‘we’ refers to the owner of the website F&W Media International Ltd. We are registered in England and Wales under company number 00843946 and have our registered office at Brunel House, Forde Road, Newton Abbot, TQ12 4UB. Our VAT number is 365807037. Painters Books is a trade mark of F&W Media International Limited.
The term ‘you’ refers to the user or viewer of our website.
ACCESSING OUR SITE
- Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
- From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
- You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
- Whilst every effort is made to ensure correct prices are displayed on our website, should a product be listed at an incorrect price due to typographical mistakes or error in pricing information from suppliers, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If you have made an electronic payment we will immediately issue a credit to your account in full.
- All items listed on sale, on special prices, half price, clearance and bargain prices, are sold on a first come first served basis. Once the items are sold out and an order is received later, we may either offer an alternative item or cancel the order and refund the amount paid for the item. We may withdraw any item from sale or special offer at any time.
INTELLECTUAL PROPERTY RIGHTS
- We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
- You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of products formed through our site are governed by our terms and conditions for the supply of products.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards.
These content standards apply to any and all material which you contribute to our site (contributions).
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; or
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree:
- not to access without authority, interfere with, damage or disrupt;
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to any page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.
If you wish to make any use of material on our site other than that set out above, please contact us here addressing your request.
LINKS FROM OUR SITE
Where our site contains links to other third party sites and resources, which are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them.
JURISDICTION AND APPLICABLE LAW
SUSPENSION AND TERMINATION
- immediate, temporary or permanent withdrawal of your right to use our site;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
B. TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS
These conditions apply to all transactions for the supply of products by Painters Books. Buyers should understand that by ordering any products, they agree to be bound by these conditions.
1.1 The definitions and rules of interpretation in this condition apply in these conditions.
Buyer: the person, firm or company who purchases the Products from F&W Media International.
Catalogue: the mail order catalogue advertising the craft products.
Contract: any contract between F&W Media International and the Buyer for the sale and purchase of the Products.
Products: any craft products agreed in the Contract to be supplied to the Buyer by F&W Media International.
F&W Media International: F&W Media International Limited of Brunel House, Forde Road, Newton Abbot, TQ12 4UB whose VAT number is 365807037.
Site: www.Painters Books.co.uk.
1.2 A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
2. APPLICATION OF CONDITIONS
2.1 These Conditions shall:
(a) apply to and be incorporated into the Contract; and
(b) prevail over any inconsistent terms or conditions supplied by the Buyer.
2.2 The Buyer's online or Catalogue order constitutes an offer to buy Products on these conditions. No offer placed by the Buyer shall be accepted other than:
(a) by a written confirmation of order issued by F&W Media International; or
(b) (if earlier) by F&W Media International delivering the Products, when a Contract for the supply of the Products will be formed.
3. CONSUMER RIGHTS
3.1 If the Buyer is contracting as a consumer, they may cancel the Contract at any time within seven working days, beginning on the day after receiving the Products. In this case, the Buyer will receive a full refund of the price paid for the Products in accordance with F&W Media International refunds policy.
3.2 To cancel a Contract, the Buyer must inform F&W Media International in writing. The Buyer must also return the Product(s) to F&W Media International immediately, in the same condition in which the Buyer received them, and at the Buyer’s own cost and risk. The Buyer has a legal obligation to take reasonable care of the Products while they are in the Buyer’s possession. If the Buyer fails to comply with this obligation, F&W Media International may have a right of action for compensation.
4. REFUNDS POLICY
4.1 When the Buyers returns a Product to F&W Media International because:
(a) the Buyer has cancelled the Contract within the seven-day cooling-off period, F&W Media International will process the refund due to the Buyer as soon as possible and, in any case, within 30 days of the notice of cancellation. In this case, F&W Media International will refund the price of the Product in full, including the cost of sending the item to the Buyer. However, the Buyer will be responsible for the cost of returning the item to F&W Media International; or
(b) the Product is defective, F&W Media International will process the refund due to the Buyer in accordance with condition 10.4; or
(c) of any other reason (for instance, because the Buyer wants to return the Products outside the seven day cooling-off period and F&W Media International has agreed to accept such return. For the avoidance of doubt, F&W Media International retains its absolute discretion to accept or reject the return of such Products. F&W Media International will examine the returned Product and will notify the Buyer of the appropriate refund via e-mail within a reasonable period of time. F&W Media International will usually process the refund due to the Buyer as soon as possible and, in any case, within 30 days.
4.2 F&W Media International will usually refund any money received from the Buyer using the same method originally used by the Buyer to pay for the Product. All Products must be returned with the relevant delivery note.
The quantity and description of the Products shall be as set out in F&W Media International's written confirmation of order.
6.1 Unless otherwise agreed in writing by F&W Media International, delivery of the Products shall take place at the delivery address given by the Buyer on the order form.
6.2 Any date specified by F&W Media International for delivery of the Products is intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
6.3 If the Buyer fails to accept delivery of the Products, or F&W Media International is unable to deliver the Goods because of the Buyer’s error:
(a) risk in the Products shall pass to the Buyer; and
(b) F&W Media International may store the Products, at the Buyer’s expense, until delivery takes place.
7.1 The quantity of Products as recorded by F&W Media International on despatch shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence to the contrary.
7.2 F&W Media International shall not be liable for any non-delivery of Products unless the Buyer gives written notice to F&W Media International of the non-delivery within 14 days of the date when the Products would in the ordinary course of events have been received.
7.3 Any liability of F&W Media International for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or refunding the price.
8.1 The Products are at the risk of the Buyer from the time of delivery.
8.2 Ownership of the Products shall not pass to the Buyer until F&W Media International has received in full (in cash or cleared funds) all sums due for the Products.
8.3 F&W Media International shall be entitled to recover payment for the Products even if ownership has not passed.
9.1 The price for the Products, as well as VAT and insurance, will be as set out in F&W Media International’s price list;
(a) on the Site next to the Product for online transaction; and
(b) in the Catalogue next to the Product for [telephone] and postal transactions.
9.2 The costs for delivery of the Products will be set out on the Site. The Site is only intended for use by Buyers resident in England and Wales. Delivery outside England and Wales will be subject to F&W Media International’s absolute discretion and if it is necessary to charge additional delivery costs you will be informed of these before the Buyer receives the written confirmation of order.
9.3 Payment of the price for the Products is due in pounds sterling when the Buyer places the order without any deductions. Time for payment shall be of the essence.
9.4 If the Buyer fails to pay F&W Media International any sum due, the Buyer shall be liable to pay interest on such sum from the due date at the annual rate of 3% above the base lending rate from time to time of Barclays Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgment.
10.1 F&W Media International confirms that (subject to the other provisions of these conditions) on delivery the Products shall be of satisfactory quality within the meaning of the Sale of Products Act 1979.
10.2 F&W Media International shall not be liable for a breach condition 10.1 unless:
(a) the Buyer gives written notice of the defect to F&W Media International, and, if the defect is as a result of damage in transit to the carrier, within 14 days of the time when the Buyer discovers or ought to have discovered the defect; and
(b) F&W Media International is given a reasonable opportunity after receiving the notice of examining such Products and the Buyer (if asked to do so by F&W Media International) returns such Products to F&W Media International at the Buyer’s cost for the examination to take place there.
10.3 F&W Media International shall not be liable for a breach of condition 10.1 if the Buyer makes any further use of such Products after giving such notice.
10.4 Subject to condition 10.2 and condition 10.3, if any of the Products do not conform with condition 10.1 F&W Media International shall replace such Products or refund the price of such Products (using the same method used by the Buyer to pay for the Product) provided that, if F&W Media International so requests, the Buyer shall, at F&W Media International's expense, return the Products or the part of such Products which is defective to F&W Media International. The refund, together with the charges incurred for returning and delivering the Products, will be provided to the Student as soon as possible and, in any case within 30 days of F&W Media International examining the Products and notifying the Buyer that they do not conform with condition 10.1.
10.5 If F&W Media International complies with condition 10.4 it shall have no further liability for a breach of condition 10.1 in respect of such Products.
11. LIMITATION OF LIABILITY
11.1 Subject to condition 6, condition 7 and condition 10, the following provisions set out the entire financial liability of F&W Media International (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these conditions;
(b) any use made by the Buyer of any of the Products; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Products Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
11.3 Nothing in these conditions purports to exclude or limit the liability of F&W Media International otherwise than as permitted by law.
11.4 Subject to condition 11.2 and condition 11.3:
(a) F&W Media International's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for the Products; and
(b) F&W Media International shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of F&W Media International.
13. FORCE MAJEURE
F&W Media International reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Products ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control.
Any notice may be served by either party upon the other by sending it by post in a prepaid envelope or by email addressed to such other party at the last address notified to the other party, and any such notice so sent shall be deemed in the absence of proof to the contrary to have been received 5 days after posting or in the case of email at the time of transmission, provided a confirmatory copy is sent by pre-paid first-class post or by personal delivery before the end of the next day.
15. GOVERNING LAW AND JURISDICTION
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.