Terms and Conditions
Account Terms for Students and Partnered Businesses
For information relevant to preferential account terms, offered to painting and decorating students on accredited courses and for employees of our partnered businesses, please visit your local Dulux Decorator Centre and speak to a member of staff about the applicable rates.
Conditions of Sale
1.1 - In these Conditions the following definitions shall apply:
- "Buyer" means the person whose order for the Goods is accepted by Seller.
- "Conditions" means the terms and conditions set out in this document.
- "Contract" means the contract for the sale and purchase of the Goods.
- "Default" means any breach of these Conditions, any breach of duty under statute or at common law or any misrepresentation, misstatement or tortious act or omission including negligence under or connected with the Contract.
- "Goods" means the Goods (including any instalments of the Goods or any parts for them) which Seller is to supply in accordance with the Conditions.
- "Insolvency Event" means a person (a) entering into voluntary/compulsory liquidation; (b) having a receiver or administrative receiver appointed over any of its assets or being the subject of an application for administration; (c) entering into an arrangement or composition with its creditors; or (d) becoming bankrupt (where person is an individual).
- "Packaging" means all containers in or on which the Goods are supplied to Buyer including all bags, carboys, cylinders, drums, pallets and tank wagons.
- "Seller" means J P McDougall & Co. Limited trading as Dulux Decorator Centre.
2. Terms of Sale
- 2.1 - Seller shall sell and Buyer shall purchase the Goods in accordance with these Conditions. The Conditions shall govern the Contract to the exclusion of any other terms and conditions. No variation of these Conditions shall be binding unless agreed in writing between the parties.
- 2.2 - Orders may be made by Buyer in writing, by phone, by EDI or any other method agreed with Seller. Any order by Buyer shall be deemed to be an offer to purchase the Goods but no binding contract shall arise unless Seller accepts the order.
- 2.3 - Once accepted by Seller, Buyer shall not be entitled to cancel an order unless Seller agrees in writing and Buyer indemnifies Seller in full for all costs incurred by Seller as a result of the order's cancellation.
- 2.4 - Seller reserves the right to set minimum order sizes and to charge Buyer all costs incurred by Seller in fulfilling orders below that minimum order size.
3. Quality and Purpose
- 3.1 - The Goods shall accord in all material respects with their specification at the time of delivery or, if there is no such specification, shall be within normal limits of industrial quality. All other warranties or conditions (statutory or otherwise) are excluded except in so far as such exclusion is prevented by law. In the event that any unused Goods do not conform to their specification, Seller shall, at its option, repair or replace such Goods or refund the price of the Goods and having carried this out Seller shall have no further liability for the breach of this Condition.
- 3.2 - Seller warrants that all instructions, safety warnings and recommendations for use which are set out on the Goods' packaging are correct at the time of manufacture. However, no other samples, illustrations or descriptive material (including particulars of shade and pattern) and no other information, recommendations or suggestions made by Seller or contained in its brochures, advertising material or elsewhere shall form part of the Contract.
- 3.3 - Seller may at its discretion from time to time vary the design of the Goods from that advertised without notice to Buyer provided that any such variations do not constitute material alterations to the Goods.
- 4.1 - Delivery shall take place at the premises notified to Seller by Buyer in its order. Time for delivery shall not be of the essence. If Buyer shall cause a delay in delivery Seller shall pass on to Buyer any costs/demurrage charged to it as a result.
- 4.2 - In the event of any claim for non-delivery of any Goods Buyer must notify Seller within 3 days of the due date for delivery and in the event of any claim for a defect in the quality or condition of the Goods or their failure to correspond with specification Buyer must notify Seller within 28 days from the date of delivery. In the absence of such notice from Buyer to Seller the Goods shall be deemed to have been delivered and accepted by Buyer complete and in a satisfactory condition. Thereafter, Buyer shall not be entitled to reject the Goods, Seller shall have no liability for any defects or failure, and Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
- 4.3 - Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract. Any failure to deliver an instalment or any claim by Buyer in respect of an instalment will not entitle Buyer to repudiate the whole Contract.
- 4.4 - Buyer shall have no right to reject any deliveries of Goods on the grounds of variation of quantity from Buyer's order where such variation is not more than 10% or not less than 10% of the quantity of Goods ordered.
- 4.5 - Seller may at its sole discretion accept the return of non faulty Goods by Buyer provided Buyer indemnifies Seller for all costs and charges incurred by Seller in the original delivery of those Goods and their subsequent return.
5. Property and Risk
- 5.1 - The risk in the Goods shall pass to Buyer at the point of delivery and, notwithstanding Condition 5.2, Seller shall have no responsibility in respect of the safety of the Goods thereafter. Accordingly Buyer shall insure the Goods against all risks of physical loss/damage for an amount not less than their replacement value.
- 5.2 - Notwithstanding delivery, the property in the Goods shall remain in Seller until payment is received by Seller in full for the Goods and for all other amounts invoiced by and due to Seller from Buyer.
- 5.3 - Until such time as the property in the Goods passes to Buyer, Buyer shall be entitled to resell or use the Goods in the ordinary course of its business but shall hold the Goods as Seller's fiduciary agent and bailee and shall properly store, protect and insure the Goods, shall keep them separate from all other goods and shall identify them as Seller's property. In addition, Buyer shall not be entitled to pledge or, in any way charge by way of security for any indebtedness, any of the Goods which remain the property of Seller.
The price charged shall be that ruling on the date of despatch of the Goods exclusive of VAT and any other government duty or tax applicable.
- 7.1 - Payment for the Goods supplied shall be due by the last day of the month following the month of invoice or before delivery if required. All payments shall be made free and clear without any deduction for, or account, of any set-off or counterclaim.
- 7.2 - Time for payment shall be of the essence. If Buyer fails to make any payment on the due date then in addition to Seller's other rights payment for all Goods supplied on any account shall immediately become due and payable and Seller shall be entitled to cancel or suspend the Contract and/or any deliveries and to charge Buyer default interest at the rate of 4% pa over the base rate for the time being of Bank of England. Interest shall accrue daily and be compounded annually.
- 8.1 - Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Seller which is not set out in the Contract. Nothing in this Condition will exclude or limit Seller's liability for fraudulent misrepresentation.
- 8.2 - Buyer shall inform Seller of any Default and afford it a reasonable opportunity to correct the Default.
- 8.3 - Save in the case of death or personal injury caused by the negligence of Seller or any breach of its obligations implied by Section 12, Sale of Goods Act 1979, and so far as permitted by English law:
- (a)Seller shall not be liable for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims (howsoever caused and whether or not foreseeable) which arise out of or in connection with the Contract;
- (b)Seller shall not be liable for any breach of warranty to the extent that any defect was caused by Buyer's failure to exercise effective quality control or, to store, use or otherwise handle the Goods as advised; and
- (c)Seller's liability for Default shall be limited to 3 times the contract price of the Goods to which the Default relates.
- 8.4 -This Condition 8 does not affect Buyer's statutory rights.
9. Termination or Suspension
- 9.1 -Seller shall be entitled to immediately terminate/suspend the Contract:
- (a)if Buyer materially or consistently breaches the Contract;
- (b)if Buyer undergoes a change of control as defined in section 416 or 840 of ICTA 1988;
- (c)if Buyer suffers (or it is reasonably likely it will suffer) an Insolvency Event; or
- (d)at anytime subject to at least 7 days notice.
- 9.2 -On termination/suspension of the Contract for whatever reason:
- (a)all amounts invoiced by Seller to Buyer, whether or not due for payment, shall become due immediately;
- (b)Seller's permission for Buyer to sell, convert or process the Goods set out in Condition 5.3 shall terminate immediately; and
- (c)Seller may (without prejudice to any of its other rights) recover or resell the Goods and may enter Buyer's premises for that purpose.
- 10.1 - Subject to Condition 10.2, all Packaging remains the property of Seller at all times and Buyer must return them to Seller as soon as possible, ensuring they are empty, correctly labelled, securely closed and externally clean. Buyer shall be liable for all loss of or damage to the Packaging save where this loss or damage occurs prior to delivery or after their return. Any Packaging not returned or not returned in good order and condition within a reasonable period shall be paid for by Buyer at Seller's standard rate operating at the date of issue by Seller to Buyer of a debit note.
- 10.2 - In the case of CHEP pallets Buyer may return the pallets directly to CHEP provided it indemnifies Seller for all fees, costs, claims, losses and damages Seller incurs due to any failure or delay by Buyer in returning the pallets to CHEP.
- 11.1 - Any notice under the Contract shall be in writing and, unless delivered to a party personally, shall be left at or sent by prepaid first class post or prepaid recorded delivery or facsimile to the address of the party as notified in writing from time to time (deemed service upon delivery, if posted, 48 hours after posting and if by facsimile 3 hours after having been sent).
- 11.2 - The failure or delay by either party to exercise a right or remedy provided by the Contract or by law does not constitute a waiver of that right or remedy or of any other rights and remedies. No single or partial exercise of a right or remedy shall prevent a further exercise of that or any other right or remedy.
- 11.3 - If any provision of the Contract is found by any court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed not to be a part of the Contract and it shall not affect the enforceability of the rest of the Contract.
- 11.4 - The word "including" shall not limit the generality of any preceding words.
- 11.5 - Seller shall not be liable for its non-performance of the Contract where this is due to circumstances beyond its reasonable control (such circumstances including industrial action of its own or sub-contractors workforces).
- 11.6 - Unless expressly provided in this Contract, no term of it is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
- 11.7 - This Contract is personal to Buyer and Buyer shall not assign any of its rights or benefits under it without Seller's prior written consent.
- 11.8 - Seller owns the copyright, trademarks, design right and all other intellectual property rights in the Goods and Buyer agrees that these rights may not be used in any way without Seller's written consent.
- 11.9 - The price of the Goods and the commercial terms of the Contract are commercially sensitive and confidential to Seller and Seller requires that they are kept secret for a period of one year from the date of the Contract. Buyer may disclose this information where required to by law, court order, or regulation or act of any governmental authority including the Freedom of Information Act provided (to the extent permissible by law) it has notified Seller in advance and agreed the scope of disclosure with it.
- 11.10 - The Contract shall be governed by English Law and Buyer and Seller agree to submit to the exclusive jurisdiction of the English Courts.
Please note, unfortunately we cannot deliver to addresses outside of Great Britain mainland (this includes the Isles of Scilly, Isle of Man, the Scottish Isles and the Channel Isles). Please see your dispatch confirmation for estimated delivery date.
Delivery charges will be £5 for orders under £50 ex Vat.
Delivery is free for the following customer groups - Dulux Decorator Centre Account holders, Contract Direct account holders, Members of the Dulux Decorator Centre Decorating Club, Refresh Customers.
Orders placed by 2pm on a working day will be delivered the following working day if the item is in stock. Any items not in stock, the store fulfilling your order will contact you by phone to inform you of delivery date.
We will use all reasonable means to deliver your order within the time stated for the delivery service, however please note that any dates we specify for delivery of Products are approximate and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay.
We recommend that you keep your receipt, which can be found on your Order Confirmation or on the order invoice that comes with your delivery (you will need it as proof of purchase in the event of any after-sales enquiry).
Working days are defined as Monday-Friday, from 8am until 5pm and exclude Saturdays, Sundays and Bank Holidays.
- Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control we will contact you with a revised estimated delivery date.
- Deliveries will require a signature to confirm receipt (we recommend that you inspect the Products delivered carefully before signing).
- Delivery will be completed when the Products are delivered to the address you gave us
- The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges
Tinting & collection rules
Delivery shall take place at the premises notified to Seller by Buyer in its order. If Buyer shall cause a delay in delivery Seller shall pass on to Buyer any costs/demurrage charged to it as a result.
Once ordered, the buyer CANNOT return or reject Tinted Colours. These are the only product that cannot be returned.
In the event of any claim for non-delivery of any Goods Buyer must notify Seller within 3 days of the due date for delivery and in the event of any claim for a defect in the quality or condition of the Goods or their failure to correspond with specification Buyer must notify Seller within 28 days from the date of delivery.
In the absence of such notice from Buyer to Seller the Goods shall be deemed to have been delivered and accepted by Buyer complete and in a satisfactory condition. Thereafter, Buyer shall not be entitled to reject the Goods, Seller shall have no liability for any defects or failure, and Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract. Any failure to deliver an instalment or any claim by Buyer in respect of an instalment will not entitle Buyer to repudiate the whole Contract.
Buyer shall have no right to reject any deliveries of Goods on the grounds of variation of quantity from Buyer's order where such variation is not more than 10% or not less than 10% of the quantity of Goods ordered.
The price charged shall be that ruling on the date of despatch of the Goods exclusive of VAT and any other government duty or tax applicable.
Wallpaper Terms & Conditions
Each wallpaper supplier has its own delivery and returns policy. Please see in-store for full details. You will be contacted by the DDC store which is fulfilling your order, and you will be advised of collection/delivery date, and will be informed of any conditions of return.
• OFFERS ARE SUBJECT TO AVAILABILITY.
• OFFERS MAY NOT BE USED IN CONJUNCTION WITH ANY OTHER OFFER.
• OFFERS AVAILABLE TO ALL UK RESIDENTS AGED 18 AND ABOVE EXCEPT EMPLOYEES OF THE AKZONOBEL N.V. GROUP OF COMPANIES, THEIR FAMILIES, THEIR
AGENTS OR ANY OTHER PERSON CONNECTED WITH THIS PROMOTION.
• ALL PRICES STATED ARE OFF SHELF EDGE PRICE & EX. VAT.
• THE PROMOTER RESERVES THE RIGHT TO AMEND OR WITHDRAW THIS PROMOTION WITHOUT PRIOR NOTICE OR COMPENSATION.
• PROMOTER: JP MCDOUGALL & CO LIMITED T/A DULUX DECORATOR CENTRE, MANCHESTER ROAD, ALTRINCHAM, CHESHIRE WA14 5PG.
• CONTRACT DIRECT CUSTOMERS ARE EXCLUDED FROM PRICE PROMOTIONS
Love to shop promotion
- By entering into this promotion (the “Promotion”), participants agree to be bound by the following terms and conditions.
- The Promotion is open to UK address holders aged 16 and over (the “Participants”) and excludes AkzoNobel’s Contract Direct Customers, employees of the AkzoNobel group of companies, their families or agents or any other person connected with the running of this Promotion.
- The Promotion is available in participating trade outlets, online and in stores
- The Promotion only applies to Dulux Trade Vinyl Matt 5L and 10L, Dulux Trade Diamond Matt 5L and 10L, Dulux Trade Diamond Eggshell 5L, Armstead Trade Durable Matt 5L, Armstead Trade Vinyl Matt 5L and 10L. Purchase of the participating products is necessary.
- The Promotional Period will run from 30th August 2017 until 31st October 2017. Only purchases made by Participants within the Promotional Period will be considered when determining the eligibility of Participants to receive Love2shop Vouchers under the Promotion. The Promoter accepts no responsibility for entries that are incomplete, illegible, damaged or lost.
- All claims must be received by 8th December 2017. Any claims received after this date will be invalid.
- To Enter: Purchase any participating products as stated in 4. above (“Product”) from any participating trade outlet, online store or store that stocks the Product between 00.01 BST on 30th August 2017 and 23.59 GMT on 31st October 2017 (the “Purchase Period”); and On or before 8th December 2017 Participants may either:
- a. Visit www.halfamilliongiveaway.co.uk and open an account by entering your Company name, full name, email address and postal address including postcode.
- b. Upload a picture/scan of your receipt(s), invoice(s) or delivery note(s) showing the purchase of the Participating Products and the date purchased. The image size limit is 5MB and supported file types are jpeg, jpg, png and pdf. The date of the receipt(s) must be within the Purchase Period. Incorrect receipt uploads will not be valid. The Participant must also provide additional information about each of the Products that they have purchased, namely: Company name, company postcode, purchase date, invoice or delivery note reference number, promotional product(s) purchased, volumes of promotional product(s) purchased, where promotional product(s) were purchased from including postcode.
- c. Entrants can upload more than 1 receipt, invoice or delivery note and make more than 1 claim during the Promotion as long as all receipts, invoices and delivery notes are dated within the Purchase Period. Total claimed purchases cannot exceed 400L during the Promotional Period.
- d. For every 20L spent on qualifying products and provided the terms and conditions of the offer have been followed, participants will receive 1 x £10 Love2shop voucher.
- e. To redeem vouchers Participants may click through to the redeem website page www.halfamilliongiveaway.co.uk and the vouchers will be despatched to Participants within 2 weeks via secure mail.
- a. Complete the required details on the claim form within a Freepost envelope available in selected stores.
- b. Submit the required number of receipts, invoices or delivery notes (original or copies) for the amount of vouchers being claimed.
- c. Post their claim to the Freepost address on the envelope provided: Half a million giveaway, Freepost OL5070, Ashton-Under-Lyne, Lancashire OL6 8YZ
- d. Participants will receive their vouchers within 2 weeks of receipt of a claim via secure mail
- Please call 0344 561 8853 Monday-Friday 9am to 5pm (calls charged at local rate) for further enquiries.
- In the event of any dispute, the decision of the Promoter shall be final and no correspondence shall be entered into.
- The Promoter will only offer Love2shop Vouchers as stated and, for the avoidance of doubt, does not accept responsibility to pay any additional sums or expenses whatsoever (including, but not limited to, any form of insurance).
- The Love2shop Vouchers cannot be redeemed for cash.
- Any one promotional product on a receipt, invoice or delivery note can only be used once to make a claim. Any remaining 5L or 10L promotional product(s) on the same receipt can be rolled over. Any person trying to circumvent this process by any method will be disqualified and any award made will be cancelled.
- The Promoter will use reasonable endeavours to ensure the delivery within 14 days of Participant claim of Love2shop vouchers.
- A Participant will be eligible to receive one £10 Love2shop Voucher in respect of each Qualifying 20L transaction during the Promotion Period. Should a Participant purchase more than 20L in a single transaction then the maximum claim for such a transaction would be a £10 Love2shop voucher for every 20L purchased.
- Should any of the goods that formed part of the Qualifying Transaction order be returned, resulting in the transaction no longer being a Qualifying Transaction, the Promoter reserves the right to demand the return of any Prize or alternatively to demand the reimbursement from the Participant of the Prize’s current value.
- Acceptance of a Prize may affect your tax liability, we advise you to seek advice. AkzoNobel are not liable.
- The Promoter reserves the right to offer a similar prize, or a prize of equal or greater value, if any of the Prizes are unavailable for any reason.
- By entering into this Promotion, Participants are deemed to give their consent to appear in publicity material or other promotional activities related to the Promotion. Participants may be asked to participate in future publicity or PR activities, which may involve the taking of photographs.
- The Promoter reserves the right to amend or terminate this Promotion in whole or in part and without prior notice or compensation.
- To the fullest extent permitted by law, the Promotion and the Prize Provider exclude:
- a. All conditions, warranties and other terms which might otherwise be implied and;
- b. Any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the Promotion or any Prize.This shall not be deemed to exclude or restrict liability for death or personal injury resulting from the negligence of the Promoter, the Prize Provider, their agents or employees.
- To the fullest extent permitted by law, the Promoter disclaims any responsibility for the proper functioning of, or other issues arising in relation to any Prize.
- This Promotion is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the English courts
- Please retain these terms and conditions for future reference. Alternatively, these terms and conditions are available online at www.halfamilliongiveaway.co.uk.
- Data Protection: The Promoter is committed to protecting your privacy. Any information that is collected from Participants in connection with this Promotion will be used for this Promotion only. The Promoter will not pass the information collected to any third parties. Please contact the Promoter if you do not wish to receive further marketing materials from the Promoter.
- The Promoter is AkzoNobel UK, Wexham Road, Slough, Berkshire, SL2 5DS. Please do not send promotional entries to this address.
- Dulux Trade & Armstead Trade are trademarks of the AkzoNobel Group. © AkzoNobel 2017.
10% Off Voucher Code
Can recycling scheme - Terms and conditions for participation
Terms and Conditions for Participation
- Open to all customers, but to track your record of recycled cans you must be a Dulux Decorator Centre (“DDC”) account holder.
- It is your responsibility to ensure that only acceptable paint cans (see below) shall be handed over to the DDC store for recycling in accordance with these terms. No other waste materials will be accepted and should not be brought to the DDC site.
- All cans that you want to recycle must be handed over to DDC staff for booking in and disposal (ie. not left in car park). A short wait may be required while this process is completed and a receipt is issued.
- Only DDC staff have access to the collection containers.
- Damaged cans (e.g. dented or squashed) will only be accepted at the discretion of the DDC staff.
- Cans must be empty.
- Please separate solvent-based cans from water-based cans, as these are booked in separately in store.
- Can must only contain material from the original can which must not have been mixed with, nor contaminated by any other substance.
- We cannot accept cans that have been ‘thinned’ using an approved thinner only, ie; water, white spirit.
- We only accept cans that were originally purchased from DDC and reserve the right to reject cans not meeting this criteria.
- Failure to comply can result in individual exclusion from the service. We reserve the right to charge for any cans returned in a non compliant state as described above.
- You may be asked to open cans for inspection prior to acceptance in store. DDC staff may refuse to accept cans for recycling for any reason within their reasonable discretion, and a contract for the provision of the recycling service shall not come into existence unless and until DDC staff accept the cans offered by you in return for payment of the relevant fee.
- Paint cans without lids will not be accepted.
- If you are planning to bring more than 20 containers to the DDC, please contact the store 24 hours in advance to make sure we have the space and can handle it quickly for you.
- DDC Van collection from site will be made only when an agreed delivery of DDC product has been made AND only when the DC store has agreed the quantity it can pick up from the site.
- If the DDC Van driver arrives at the site and there are more cans to collect from the site than agreed when placing the order, you will have to make your own arrangements to bring the cans back to store or wait for your next delivery of DDC products, when, space permitting, the DDC store can pick them up.
- It is your responsibility to ensure all of your employees are made aware of and comply with these Terms and Conditions for Participation.
- DDC reserve the right to withdraw the scheme at any time without notice or liability to you.
- A certificate will be generated at the beginning of the year recording total % of cans recycled.
I agree to follow the aforementioned terms and conditions
Name of company:
DDC account number:
- Only standard Paint and Woodcare containers are accepted (Dulux, Armstead, Sikkens and Cuprinol).*
- Product must be in its original container and the container must be in good condition.
- Unlidded containers are not accepted.
- Containers must be empty.
- Can livery must be legible.
- Only containers less than 20 years old.
What is accepted?
Dulux Trade, Armstead
- Interior Emulsion
- Interior Trim and Undercoats
- Exterior Trim and Undercoats
- Floor Paint
- Masonry Paint
Sikkens, Cuprinol and Hammerite decorative coatings only
- Interior and Exterior Woodcare.
- Except Cuprinol Sprayable and all its parts plus anything not in a traditional paint can.
- Hammerite only those in traditional cans.