Distributed in the UK by Benjamin Moore UK Ltd
formerly Shaw Paints Ltd
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Terms and Conditions of Sale

Benjamin Moore UK Ltd (formerly Shaw Paints Ltd) operates benjaminmoorepaint.co.uk.

You ("you", "your", "your company") are subject to the following terms and conditions ("Terms"). These terms shall be applicable whether orders are made in writing, on-line, in person or by any other means.

Please read these Terms carefully and ensure you have understood their contents prior to indicating your acceptance and ordering any products or services ("Products") on this site. Please note that by ordering any Products, you agree to be bound by these Terms and any other documents referred to herein. If you refuse to accept these Terms, you will not be able to purchase Products from this site. We recommend that you print and retain these Terms for future reference.

We reserve the right to amend these Terms from time to time and as such we recommend that you review the Terms each time you order Products. Each time you order, the terms in force at that time will form the contract between us.

Information about Benjamin Moore UK Ltd (formerly Shaw Paints Ltd)

Benjamin Moore UK Ltd is a private limited company registered in England and Wales under the company number 9573012. Our Registered office is 804 Oxford Avenue, Slough, SL1 4LN.

As sole distributors of Benjamin Moore products in the United Kingdom, we operate the benjaminmoorepaint.co.uk website.

Purchase and delivery of Products

You must be over 18 years old to purchase Products from our site. Business customers accepting these Terms are thereby confirming that they have the authority to bind any business on whose behalf you use our site to purchase Products.

All products on our site are subject to availability. After you have placed an order, you will receive an automated response from us to confirm the products, colours and quantities that you have ordered. Please note this does not constitute our acceptance of your order. We will confirm stock availability and therefore acceptance of your order (Confirmation) in a second email, where we will also detail delivery arrangements such as courier tracking information and estimated delivery times.

The contract between Us and You will be formed when we send this Confirmation correspondence.

If we are unable to supply you with your required Product for any reason, we will inform you of this via email or telephone and we will not process your order. We reserve the right to offer you alternate, like for like, products in the same colour and sheen. Any such proposed amendment to your order will be communicated to you via email or via telephone and you will be able to accept or decline our offer of an alternate. Should you decline, we will refund the full amount paid as soon as possible.

Delivery service options, charges and timings are detailed on our Delivery Information page.

Please note, different services, charges and delivery times are applicable to deliveries to addresses in Northern Ireland and certain remote postcodes, as defined on our Delivery Information page at the time of your purchase.

Quoted delivery times are estimates only. We cannot be held responsible for any delays to your delivery once we have dispatched your order to our Courier service. If you are a Professional Decorator, or have booked a Decorator to complete a project, we recommend you place your paint order at least 7 working days before your project start date. We accept no liability in relation to any delayed delivery. We reserve the right to deliver by installment.

Our courier partners require a signature on delivery. You can request a courier service to leave your parcel in a safe place by completing the "delivery instructions" box on the checkout page, or by mentioning this to a member of staff when placing an over the telephone.

Benjamin Moore UK Ltd accepts no liability for damaged, missing or lost parcels when you have requested for your parcel to be left without a signature.

If you choose to have your goods sent to a forwarding agent or third party shipper, we will deem your order to be fulfilled and complete when it is scanned by our appointed shipper upon leaving our premises. We do not consider such third party shipping arrangements to be secure, since we can not vet their handling of the goods, and therefore we will not taken any responsibility for any loss or damage that occurs as a result of such arrangements.

We will notify you by email when "click and collect" orders will be ready for collection. Any "click and collect" orders not collected within 3 months will be disposed of and custom-made products will not be eligible for refund.

Products

Benjamin Moore is a reputable manufacturer with a strong reputation for reliable and consistent manufacturing. However, occasional product faults can occur. The statement regarding our policy on Faulty Items forms part of these Terms.

It is your responsibility to review all the information on our Technical Datasheets and Material Safety datasheets and to ensure that you, and any employees and/or contractors at all times to observe and perform the advice contained therein, including any recommendations on storage, application, site conditions, surface preparation and disposal.

All technical information given on our website or in response to any enquiry is given by Benjamin Moore UK Ltd in good faith and for guidance only, since skill of application and site conditions are beyond our control. It is ultimately your responsibility to satisfy yourself that you have selected the correct product for your own particular situation and site conditions.

Benjamin Moore offers warranties on specific products. Our Warranty statement forms part of these Terms and supersedes any previously published warranty statements.

Benjamin Moore UK Ltd accepts no liability for the performance or non-performance of any goods beyond the value of those goods (such as loss of time, costs incurred by any person, additional equipment costs or any alleged consequential losses of any person). We shall not be liable in respect of any additional costs, loss of profits, consequential, financial and nor any other losses beyond the invoice price, less any discounts, of the goods which are subject of the claim.

Colours

Benjamin Moore made every effort to represent our colours as accurately as digital and printed media will allow.

You should also review our Colour Accuracy Statement, which forms part of these Terms.

Please note that our Color Sample product is intended to indicate the colour of the product only, and does not represent the product you eventually purchase in terms of sheen and/or product performance.

Returns and Cancellations

Our policy regarding cancellations and returns is detailed in our Returns Policy document. Our Returns Policy document forms part of these Terms.

Price

The price of our products is quoted on our site, inclusive of VAT at the prevailing rate.

We reserve the right to change our prices from time to time, but such price changes will not be implemented on orders we have confirmed via a Confirmation email. We reserve the right to refuse acceptance of any order where there is a material error in the description of the goods or the advertised price.

We quote our prices inclusive of VAT at the current rate chargeable in the UK.

The price of our products does not include delivery. Our current delivery prices are detailed in our Delivery Information section.

Payment

Payment for both the selected products and the applicable delivery charges is in advance. All goods shall remain in the ownership of Benjamin Moore UK Ltd until such times as all monies payable have been received. You are not entitled to withhold payment of the price of the goods by reason of any claim against us.

The granting of any credit shall be at the absolute discretion of Benjamin Moore UK Ltd.

Our service provider for payment processing is Barclaycard. Your payment, by debit or credit card, is entered into a payment page operated and controlled by Barclaycard. Your payment details are not seen nor provided to us as part of this process.

We are also able to accept orders and payment by telephone. In this instance, your payment details will be processed by Barclaycard and not retained by us.

Force Majeure

If we are prevented from making any delivery of goods subject to a contract between us either at all or within any estimated delivery time owing to circumstances not attributable to the willful default Benjamin Moore UK Ltd, any such delivery may be cancelled or suspended by giving you notice therefore by writing or via email. In such circumstances, we shall not be liable for any loss, damage or expense arising from of such non-delivery or delayed delivery. Such circumstances include without limitation industrial action, civil commotion, invasion, terrorist attack or threat thereof, war (whether declared or not) or threat of preparation of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunication networks, or the impossibility of using rail, shipping, aircraft, motor transport or any other means of public transport.

General

Your purchase of products from us will be a contract made in England under English Law and any dispute arising under or in connection with the foregoing shall be for the exclusive jurisdiction of the English Courts.

The foregoing exclusions and limitations do not affect (and are subject to) those of your statutory rights as a consumer, which cannot be excluded by law. For example, liability for fraud or injury/damage caused by our negligence cannot be excluded.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Trademarks

This website uses, with permission, the trademarks of certain third parties, including Benjamin Moore & Co. In all instances, the trademark owner is acknowledged with the small print on the same page.

Copyright

All design, text, images and the selection, alteration and arrangement of the aforesaid elements are the copyright of Benjamin Moore UK Ltd or mentioned third parties, reproduced with their permission.

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Benjamin Moore, the triangle "M" symbol, Aura, Regal Select, Natura, Green Promise and Gennex are all trademarks of Benjamin Moore & Co.

© 2015 - 2021: All design, text, images and the selection, alteration and arrangement of those elements are the copyright of Benjamin Moore UK Ltd or mentioned third parties, reproduced with their permission.
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