DECOR EXPRESS LTD TERMS & CONDITIONS

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.decor-express.co.uk (“Our Site”) and in the stores.  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.
 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 8;
“Goods”
means the goods sold by Us through Our Site;
“Goodwill Guarantee”                                                    
means the goodwill guarantee offered by Decor Express Ltd a limited company registered in England under 09036246 , whose registered address is 44-48 Lavender Hill, London, SW11 5RH  and whose main trading addresses are 44-48 Lavender Hill, London, SW11 5RH or 5-6 Lichfield Terrace, Sheen Road, London TW9 1AS, which exists to enhance the legal rights of Our customers in the United Kingdom to change their mind and return Goods to Us;
“Order”
means your order for Goods;
“Order Confirmation”                                                                     
means our acceptance and confirmation of your Order;
“Order Number”
means the reference number for your Order; and
“We/Us/Our”
means Decor Express Ltd, a company registered in England under 09036246  whose registered address is 44-48 Lavender Hill, London, SW11 5RH  and whose main trading addresses are 44-48 Lavender Hill, London, SW11 5RH or 5-6 Lichfield Terrace, Sheen Road, London TW9 1AS,
 2. Information About Us
2.1 Our Site, www.decor-express.co.uk , is operated by Decor Express Ltd a limited company registered in England under 09036246  whose registered address is 44-48 Lavender Hill, London, SW11 5RH  and whose main trading addresses are 44-48 Lavender Hill, London, SW11 5RH or 5-6 Lichfield Terrace, Sheen Road, London TW9 1AS,  Our VAT number is 194087774.
2.2 Decor Express Ltd is registered with the Information Commissioner’s Office under registration reference ZA300801.
 3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 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.
3.4 Use of Our Site is subject to our Website Private Policy.  Please ensure that you have read them carefully and that you understand them.
3.5 Privacy: Your privacy is of the highest importance to us, and we promise never to release your personal details to any outside company for their mailing or marketing purposes. When you place the order on our website, you submit certain personal information: your name, email address, payment address and details. All such information is held on secure servers. Decor Express Ltd uses third-party payment service Braintree - which handle our card transactions. They receive the information needed to verify and authorise your payment card and to process your order. They are under strict obligation to keep your personal information private and secure. 
 4. Age Restrictions
4.2 Some of Goods such as knife, axe,spray paints, glue etc. may only be purchased by consumers above a certain age through our Site.  We are not permitted by law to supply these Goods to anyone below the applicable age.
Goods
Age restriction
aerosol paint
16 and over
knives / axes / blades
18 and over
lighter refills containing butane
18 and over
 
4.3 Age verification checks will be done at the point of sale and collecting the aged restricted products such as knife, axe,spray paints, glue etc.
4.4 Valid proof of age need to be shown to the sales person at the collection to confirm that the purchases is over the miniumum age to buy those products.
5. International Customers
Please note that We only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside the United Kingdom.
 6. Goods, Pricing and Availability
6.1 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:
6.1.1 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;
6.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
6.2 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).
6.3 Where appropriate, you may be required to select the required size, model,colour,number of the Goods that you are purchasing.
6.4 We cannot guarantee that Goods will always be available.  Stock indications are provided on Our Site , however such indications are updated once a day therefore may not be accurate all the time.
6.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.  However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
6.6 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 regularly.  Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
6.7 All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 3 days. We will treat your Order as cancelled and notify you of this in writing.
6.8 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.
6.9 All prices on Our Site are shown both with and without  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.
6.10 Delivery charges are not included in the price of Goods displayed on Our Site.  For more information on delivery charges, please refer to delivery section.  Delivery options and related charges will be presented to you as part of the order process.
 7. Orders – How Contracts Are Formed
7.1 Our Site will guide you through the ordering process.  Before submitting your Order 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.
7.2 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 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.
7.3 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.
7.4 Order Confirmations shall contain the following information:
7.4.1 Your Order Number;
7.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
7.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
7.5 We will also include a paper copy of the Order Confirmation with your Goods.
7.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will 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 workings days.
7.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
 8. Payment
8.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  Your chosen payment method will not be charged until We dispatch your Goods.
8.2 We accept the following methods of payment on Our Site:
8.2.1 Debit or Credit cards
8.2.2 Paypal payment
8.2.3 Decor Express uses third-party payment service. 
 9. Delivery, Risk and Ownership
9.1 All Goods purchased through Our Site will normally be delivered within 2-3 workings days after the date of Our Order Confirmation.  However, for orders which are placed after 10am on Fridays or on more bespoke items or during busy periods could take up to 5 working days. Please contact us if you require an expedited delivery.We cannot guarantee delivery dates and times as these may be affected by circumstances outside our control. We will do our best to contact you if we are forewarned of delays.
9.2 Delivery will be made to the provided delivery address on your order and must be a UK address only.
9.3 Our standard delivery charge is £12 including VAT for orders of under £70 including VAT to a single address in most parts of the UK mainland. Delivery is free for orders over £70 to one address in most parts of the UK mainland.
9.4 Deliveries will be made between 8am and 6pm Monday to Friday (excluding bank holidays) using either our own drivers or a courier. The contents of your order and your delivery postcode area will determine which delivery services you will be offered.
9.5 All deliveries must be signed for (except items sent by post and which are small enough to be put through your letterbox). Please make sure that you keep the receipt enclosed with your products. It is the customer’s responsibility to ensure that their supplied address details are correct at the time of purchase, as Decor Express will not be held responsible for incorrect or non-delivery due to a customer error.
 
9.6 If We are unable to deliver the Goods on the delivery date, the following will apply:
9.6.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
9.6.2 If you do not collect the Goods or rearrange delivery within 7 days. We will contact you to ask you how you wish to proceed.  If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods.  If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery.  We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
 
9.7 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 treat the Contract as being at an end.
9.8 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 within 7 workings days. 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.
9.9 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.
9.10 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
9.11 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
 10. Faulty, Damaged or Incorrect Goods
10.1 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 digital content is included in the Goods, that digital content must also conform.  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 (or incorrectly priced) Goods, please contact Us at sales@decor-express.co.uk or by phone 0207 228 1122 as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Your available remedies will be as follows:
10.1.1 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 except if the goods has been already used by you.  
10.1.2 If you would like to exchange unwanted products please notify us within 7 days of receipt of your order. Returns and exchanges can only be processed with proof of purchase: the sales receipt,or an online sales invoice.
10.2 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 you purchased 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.
10.3 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.
10.4 Any refunds issued under this Clause 11 will not include the delivery costs paid by you when the Goods were originally purchased.
10.5 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods
10.6 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
 11. Cancelling and Returning Goods if You Change Your Mind
If you wish to exercise your right to cancel under this Clause 12,  please contact us by email sales@decor-express.co.uk or call us on 0207 228 1122 within 24 hours of the original order being placed. In each case, providing Us with your name, address, email address, telephone number, and Order Number.
 
11.1 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.
11.2 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
11.2.1 If the Goods are: tinted paint, cut cable, special order items, cut ditra matting, used or opened items.
11.2.2 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
11.2.3 If the Goods have been personalised or custom-made for you;
11.2.4 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
11.3 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 12.
You may return Goods to Us in person during Our business hours of 7am to 5pm to our Decor Express stores:  
 
Decor Express Ltd                    or         Decor Express Ltd (Richmond Branch)
44-48 Lavender Hill Road,                    5-6 Lichfield Terrace,
London                                                  Sheen Road, London
SW11 5RH                                            TW9 1AS
 
or you may return them by post or another suitable delivery service of your choice, please arrange the courier at your own expense .We recommend using a recorded delivery service as we cannot accept responsibility for goods lost in transit.
 
All returns should be sent to:
Decor Express Ltd                    or         Decor Express Ltd (Richmond Branch)
44-48 Lavender Hill Road,                    5-6 Lichfield Terrace,
London                                                  Sheen Road, London
SW11 5RH                                            TW9 1AS
 
11.4 Please note that we will only cover the costs of returning Goods to Us if cancelling under this Clause 12 .Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
11.4.1 The day on which We receive the Goods back; or
11.4.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
11.4.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
11.5 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
11.5.1 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.
11.6 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods
 12. Our Liability to Consumers
12.1 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.
12.2 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.
12.3 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.
 13. Events Outside of Our Control (Force Majeure)
13.1 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.  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.
13.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
13.2.1 We will inform you as soon as is reasonably possible;
13.2.2 We will take all reasonable steps to minimise the delay;
13.2.3 To the extent that we cannot minimise the delay, 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;
13.2.4 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;
13.2.5 If the event outside of Our control continues for more than 14 days   We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within14 days of the date on which the Contract is cancelled;
13.2.6 If an event outside of Our control occurs [and continues for more than 14 days and you wish to cancel the Contract as a result, you may do so in any way you wish  If you would prefer to contact Us directly to cancel, please use the following details:
Telephone: 0207 228 1122
Email: sales@decor-express.co.uk
In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within14 days of the date on which the Contract is cancelled.
 14. Communication and Contact Details
14.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0207 228 1122 by email at sales@decor-express.co.uk , or by post at 44-48 Lavender Hill, London, SW11 5RH
14.2 For matters relating the Goods or your Order, please contact Us by telephone at  0207 228 1122 or by email at sales@decor-express.co.uk 
14.3 For matters relating to cancellations, please contact Us by telephone at  0207 228 1122 or by email at sales@decor-express.co.uk 
 15. Complaints and Feedback
15.1 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.
15.2 All complaints are handled in accordance with Our complaints handling policy and procedure,
15.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
15.3.1 In writing, addressed to Decor Express ltd 44-48 Lavender Hill, London SW11 5RH 
15.3.2 By email, addressed to info@decor-express.co.uk 
15.3.3 By contacting Us by telephone on 0207 228 1122
 16. How We Use Your Personal Information (Data Protection)
16.1 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.
16.2 We may use your personal information to:
16.2.1 Provide Our Goods and services to you;
16.2.2 Process your Order (including payment) for the Goods; and
16.2.3 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.
16.3 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.
16.4 We will not pass on your personal information to any third parties without first obtaining your express permission.
 17. Other Important Terms
17.1 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.
17.2 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.
17.3 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.
17.4 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.
17.5 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.
17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund. 
 18. Law and Jurisdiction
18.1 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 & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (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.
18.4 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 & Wales.