Terms and Conditions

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.

3. QUALITY AND PURPOSE

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 is free for the following customer groups - Dulux Decorator Centre Account holders, Dulux Decorator Centre 360 account holders, Members of the Dulux Decorator Centre Decorating Club, Housing Associations 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.

Delivery Arrangements

• 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

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.

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.

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.

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:

Name:

Signature:

Position:
Date:

Acceptable cans

• 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
• Woodcare
• Primers
• Floor Paint
• Masonry Paint

Sikkens, Cuprinol and Hammerite decorative coatings only

1. Interior and Exterior Woodcare.
2. Except Cuprinol Sprayable and all its parts plus anything not in a traditional paint can.
3. Hammerite only those in traditional cans.

• Customer is to spend a minimum of £200 inc VAT

• Customer must present and hand over the leaflet with the decorator’s details

• Only the original leaflet will be accepted, photocopied, damaged or defaced leaflets may be refused

• 20% off £200 spend is only valid on products which are bought on the day

• 20% off £200 spend is valid for only one transaction

• Customers decorator must be an existing account holder at Dulux Decorator Centre

• Decorator must be an existing account holder at Dulux Decorator Centre

• Decorator must complete their company name on the form as it is registered with Dulux Decorator Centre

• Minimum spend to qualify for the 10% off account terms is £75 ex VAT

• 10% off is only valid for one transaction

• 10% off is only valid once the decorators client has made their purchase

• Products excluded; spray / power machines, any product already on promotion and contract matt.

1. The Dulux Promise (the "Promise") entitles a customer who has purchased a Dulux retail or Dulux trade product (500ml and larger packs only) with the Dulux Promise logo on-pack in the UK ("Selected Product") who believes that their Selected Product hasn't delivered the perfect colour, a uniform finish or the coverage stated, to a voucher to replace the Selected Product.
2. The Promise is available to private individuals and sole traders aged 16 and above that are residents in the United Kingdom (including Northern Ireland, the Channel Islands and the Isle of Man) and to all partnerships and companies with their registered office address in the United Kingdom (the “Participants”). The Promise is not available to employees of the AkzoNobel group of companies, their agents, wholesalers, resellers or retailers. Resellers and retailers may not submit claims on behalf of their customers.
3. The Promise covers the replacement of the Selected Product only and excludes any claim for labour or other costs in respect of the original or replacement product.
4. Claims can only be made by the person that purchased the Selected Product.
5. The Selected Product must have been applied on properly prepared surfaces and in accordance with the manufacturer’s tips and instructions (including those on-pack, datasheet and colour label instructions).
6. Claims must be submitted by contacting the AkzoNobel Customer Advice centre on either 0333 222 7070 (Dulux Trade) or 0333 222 7171 (Dulux Retail), via email to duluxpromise@akzonobel.com or post to AkzoNobel Customer Advice Centre, The AkzoNobel Building, Wexham Road, Slough, SL2 5DS, no later than 6 months after the purchase of the Selected Product. You will be required to:
   1. Provide a clear copy of your itemised receipt or invoice showing the details of the Selected Product that you have purchased, the date of the purchase and the price paid for the Selected Product;
   2. Provide a description of the issue with the colour, the finish or the coverage stated of the Selected Product;
   3. Provide the postcode of the address at which the Selected Product has been applied;
   4. Provide a photograph of the wall(s) painted with the Selected Product.
   5. Provide the batch number that is printed on the can
7. Provided that the Selected Product has been applied on properly prepared surfaces and in accordance with the manufacturer’s tips and instructions (including those on-pack, datasheet and colour label instructions), the claim will be deemed valid if the description of the issue and application photo demonstrate that the Selected Product is not the perfect colour or is not a uniform finish or has not provided the coverage stated on the pack.
8. We may send a representative to assess the painted area in question to verify that the claim is based on a bona fide purchase of a Selected Product and to ensure that the Selected Product and its application meets the conditions required for the Promise to apply.
9. Upon validation of a claim, a voucher for the replacement product will be sent to you by post within 28 days. You can redeem your voucher for a replacement for the Selected Product at any participating store before the voucher expiration date. Replacement products are subject to availability. Full voucher terms and conditions apply, see voucher for details. Participating stores include: B&Q, Homebase, Dulux Decorator Centres, Brewers, TP, Jewson and most independent paint retailers (please note list is correct at time of publishing but remains subject to change).
10. The voucher is issued for the recommended product to replace the Selected Product that was deemed unsatisfactory.
11. For a claim related to colour not being the colour you like, the replacement product cannot be in the same colour as the Selected Product which is the subject of the claim, and the Promise will not apply to the replacement colour. Replacement product for claims relating to colour are limited to 10L per claim and per customer claiming.
12. We reserve the right to reject claim if we have reason to believe that they are fraudulent or that there has been a violation of any of these T&Cs.
13. We accept no responsibility for claims that are incomplete, illegible, damaged or lost. Proof of submission of a claim is not proof of receipt.
14. It is not necessary for customers to return the unsatisfactory product (unless we specifically request it in which case we shall arrange and pay for carriage). Returns will not be accepted. Disposal of any product is the responsibility of the customer.
15. No third party or joint submissions will be accepted.
16. The Promise does not cover problems that were caused due to reasons outside of our control (for an example an issue with the substrate) or where the Selected Product was applied on surfaces which were not properly prepared or applied otherwise than in accordance with the manufacturer’s tips and instructions.
17. Claims not made in accordance with these T&Cs will be deemed invalid. If a claim is refused because the terms of the Promise have not been met, AkzoNobel’s decision is final.
18. If any provision in these Terms and Conditions ("T&Cs") is found in any court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed not to be part of the T&Cs and it shall not affect the enforceability of the rest of the provisions of the T&Cs.
19. We reserve the right to withdraw, amend or terminate the Promise without notice. All claims made in accordance with these T&Cs and made prior to the Promise being withdrawn, amended or terminated will still be honoured.
20. The voucher has no cash value, is not transferable or assignable and cannot be used in conjunction with any other offers or promotions. No cash or alternative to the voucher will be provided.
21. AkzoNobel shall not be liable for any:
    1. Conditions, warranties or other terms which are not included in the Promise or these T&Cs; or
    2. Any indirect or consequential loss, damage or costs incurred by any customer in connection with the Selected Product or this Promise, or the cost of any labour for the application of the Selected Product.
22. These exclusions do not exclude or restrict liability for death or personal injury resulting from the negligence of AkzoNobel, or its employees or agents or anything else that the law says we cannot exclude.
23. The Promise does not affect your statutory rights.
24. Data will be held in accordance with our Privacy Policy.
25. Please retain these T&Cs for future reference.
26. This Promise is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.
27. In these terms and conditions “We” and “AkzoNobel” mean Imperial Chemical Industries Limited trading as ICI Paints AkzoNobel.
28. AkzoNobel, the AkzoNobel logo, Dulux, the Flourish logo, Let's Colour, distinctive colour names and liveries are trademarks of the AkzoNobel group ©AkzoNobel 2018.

1. In participating Dulux Decorator Centre, Whites Trade Paints, Trade Paints, Doves Decorating Supplies, Colour Centre and Askew Paint Centre stores and online unless otherwise stated.
2. Offers are subject to availability.
3. Offers may not be used in conjunction with any other offer unless stated otherwise
4. 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.
5. All prices stated are off shelf edge price & ex. vat.
6. Buy Dulux Trade Vinyl Matt 7.5L for £22.49 ex VAT when purchased with Dulux Trade and Heritage tinted colours, excluding tester pots.
7. The promoter reserves the right to amend or withdraw this promotion without prior notice or compensation.
8. Promoter: JP McDougall & Co. Limited t/a Dulux Decorator Centre, Manchester Road, Altrincham, Cheshire WA14 5PG.
9. DDC360 customers are excluded from these promotions (refer all DDC360 pricing to relevant CDM)
10. Offers valid 18/12/2023 – 29/02/2024 (Sundays online only)

The following terms and conditions are relevant to our Express Delivery service.

Our Express Delivery service offers delivery within 3 hours for selected Dulux Decorator Centre Stores only and is available Monday-Saturday.

Please contact your local store if you wish to use this service. 

We will endeavour to deliver everything you require within the 3-hour time period, subject to stock availability and the following terms apply:

• Only available for deliveries to a location within ten miles from the store
• Orders must be placed by 3pm for delivery within 3-hours the same day (Monday-Saturday)
• The cost of from £25 relates to the cost of delivering your order to a location within ten miles of your store and up to a weight limit of 350kg – we will advise you on a final cost at point of ordering.  We can also deliver up to a weight of 800kg, but there will be an additional charge for this – advised at the point of order 
• We will use all reasonable means to deliver your order within the time stated for the delivery service, however please note that any times 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.
• Your order will be fulfilled by the estimated delivery time unless there is an event outside of our control. If we are unable to meet the estimated delivery time because of an event outside our control we will endeavour to contact you with a revised estimated delivery time.

1. In 20 participating Dulux Decorator Centre stores; Beckenham, Bristol Bedminster, Cambridge, Cheltenham, Enfield, Nottingham, Orpington, Portsmouth, Twickenham, Worthing, Leamington, Peterborough, Preston, Salford, Glasgow London Road, Harrogate, Leicester Snaiths, Motherwell, Newcastle and York.
2. 30% off is on Toupret range shelf edge prices in the 20 participating Dulux Decorator Centre stores only on the day of the stores roadshow.
3. 30% not to be used in conjunction with any other promotion.
4. 30% off Toupret range is unavailable on our website
5. Win a Summer Bundle T&C’s can be found on Fix Radio’s website https://www.fixradio.co.uk/files/competition-terms-and-conditions/
6. The promoter reserves the right to amend or withdraw this promotion without prior notice or compensation
7. Promoter: JP McDougall & Co Limited T/A Dulux Decorator Centre, Manchester Road, Altrincham, Cheshire, WA14 5PG

Our DDC Rapid delivery service offers delivery within 90 minutes/within 2 hours/within 3 hours from Dulux Decorator Centre Stores only. 90 mins service across 86 stores based on a 2 mile radius of the collection store. 2 hours time based on 6 mile radius from collection store. 3 hour radius covers all stores from 6 miles onwards.

The service is available Monday-Saturday during trading hours of the Participating Stores inclusive of Saturday. Orders for Rapid Delivery can be taken up to and including 3:30pm Monday-Friday and until 2:30pm/1:30hr prior to store closure (whichever is the earliest) on a Saturday dependant on store closing time. Saturday store closing times vary. See www.duluxdecoratorcentre.co.uk for opening and closing times.

All Dulux Decorator Centre stores offer the Rapid Delivery Service however pricing and delivery times vary by location. See www.duluxdecoratorcentre.co.uk  for a full list of geographical delivery timescales available.

Rapid delivery couriers will be subject to availability at the time you place your order. 

Only available for deliveries to a location within ten miles from the store.

The cost can range between £10 - £30 (ex vat) which relates to the cost of delivering the order to a location within ten miles of your store and up to a weight limit of 800kg. 

The £10 fee is available in 86 Dulux Decorator Centre stores nationally and includes delivery of items up to 100kg within a radius of 2 miles and delivered within 90 minutes of the order being ready for dispatch. Prices quoted are subject to Value Added Tax (VAT).

90 Minute Rapid Delivery stores

90 Minute Rapid Delivery stores

•   Aberdeen
•   Acton
•   Aintree
•   Barking
•   Battersea Park
•   Beckenham
•   Belfast
•   Belfast South
•   Bermondsey
•   Birmingham
•   Birmingham Kings Norton
•   Blackwall
•   Bolton
•   Bournemouth
•   Bow
•   Bracknell
•   Bradford
•   Brierley Hill
•   Brighton Freshfields
•   Bristol Bedminster
•   Bristol South
•   Bristol Stokes Croft
•   Caterham Doves
•   Catford
•   Coventry
•   Coventry South
•   Droylsden
•   East London
•   East Molesey Trade Paints
•   Edinburgh
•   Edinburgh West
•   Enfield (previously Cheshunt)
•   Epsom - Trade Paints
•   Erdington
•   Forest Hill (Whites)
•   Gateshead
•   Glasgow Kingston Bridge
•   Glasgow London Rd
•   Greenford
•   Guildford
•   Halesowen
•   Hammersmith
•   Hampstead North
•   Hove (Previously Brighton)
•   Huyton
•   Islington
•   Kirkintilloch
•   Leeds
•   Leeds East (FRP)
•   Leeds West (YDM)
•   Liverpool
•   London City
•   Maryhill
•   Newcastle
•   Nottingham
•   Nottingham East
•   Oldham
•   Orpington
•   Paisley
•   Perth
•   Poole
•   Portsmouth
•   Potters Bar
•   Radcliffe
•   Reading
•   Rochdale
•   Romford
•   Rotherham
•   Salford
•   Sheffield North (Sheffield Hillsborough)
•   Sheffield South (Sheffield Queens Road)
•   Shepherds Bush (Askews)
•   Solihull
•   Staples Corner
•   Stockport
•   Sutton Coldfield
•   Sutton Trade Paints
•   Twickenham
•   Uxbridge
•   Walsall - Old Birchills
•   Watford
•   West Drayton
•   Wimbledon
•   Wolverhampton - Bilston Rd
•   Wolverhampton - Chapel Ash
•   Woodford Green

Dulux Decorator Centre will use all reasonable means to deliver the order within the time stated for the delivery service, however please note that any times 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.

Orders that require tinting/mixing to order may impact the within by timescale. Any order larger than 6x 5L products or 3x 10L will require additional preparation time.

Dulux Decorator Centre reserves the right to amend the Participating Stores at any time. You can also check Participating Store’s on the Dulux Decorator Centre Website.

You can find store operation hours on the Dulux Decorator Centre website. Orders placed for delivery within 1 hour 30 minutes of store closure time, or outside, the operating hours of the Participating Store will be booked for the following trading day.

Rapid delivery service is only available on orders submitted to the local participating store and within select radiuses

Delivery times are subject to availability and are estimates only (including any GPS delivery and/or any Dulux Decorator Centre or Third Party tracking services). Neither Dulux Decorator Centre nor third party providers guarantee that your order will be delivered within the stated times.

Dulux Decorator Centre and/or the third party provider will contact you using the mobile number you provide when you place your order in the event it becomes aware of any issue preventing delivery of your order. 

Should you change your mind and no longer want the order after it has been placed, please take your order to your nearest Dulux Decorator Centre Store or contact our Customer Services team to arrange a collection.

 If you order has already been dispatched you will be charged the full fee quoted. You will need to ensure that someone is available at the delivery address to accept delivery. If no one is available, you will be contacted by Dulux Decorator Centre and/or the Third Party provider to arrange for the return of your order to the Participating Store for either your collection or refund of your order (excluding delivery charges). 

Rapid Delivery orders are subject to a delivery charge. Dulux Decorator Centre reserves the right to amend these charges at any time prior to accepting an order. The mobile phone number confirmed when placing your order will be used in the event we need to contact you. 

Rapid delivery is available for select products only and are subject to availability.

Products excluded include: (i) all age-restricted products, (ii) any hazardous items.

Once Rapid delivery order has been placed you will receive a notification via Dulux Decorator Centre and the Service provider confirming it has been accepted. 

Once your order has been confirmed by the store this the point the delivery window is initiated in accordance with the time you have been quoted, and will end upon the courier’s arrival at the designated site/delivery address provided.

When your order has been despatched, you will receive a further confirmation from the service provider. You will be able to track your orders progress, as well as receive notifications and updated arrival times, via the service providers tracking link or by contacting the Dulux Decorator Centre order store. 

Use of personal data received in will be in accordance with Dulux Decorator Centre Privacy Policy, see Privacy policy | Dulux Decorator Centre . 

By using the Rapid delivery service you consent to Dulux Decorator Centre contacting you for the purpose of obtaining feedback on your experience. 

You may contact our Customer Services team at any time by calling 0330 587 1800  for any queries concerning your order, or to provide feedback on the service you have received.

Dulux Decorator Centre, its parent company, affiliates, directors, officers, employees or agents shall not be responsible or liable to compensate for any loss, damage (including without limitation loss of profit or reputation, lost, interrupted, or unavailable network service or other connections, or any special, indirect, or consequential loss), occurring as a result of the service or any delays.

Dulux Decorator Centre reserves the right to revise and amend these terms and conditions from time to time.

We don’t 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 will be made to the address given when placing the order for Rapid Delivery.

If the Buyer shall cause a delay in delivery the Seller shall pass on to Buyer any costs charged as a result. This includes courier waiting charges should a delivery driver arrive at the delivery location to find no access or no customer available to receive the order.

1.Online only at duluxdecoratorcentre.co.uk

2.20% discount is off shelf edge price ex. VAT only

3.Exclusions apply

4.Offers may not be used in conjunction with any other offer

5.Promoter: JP McDougall & Co. Limited t/a Dulux Decorator Centre, Manchester Road, Altrincham, Cheshire WA14 5PG.

6.DDC360 customers are excluded from these promotions (refer all DDC360 pricing to relevant CDM)

7.Offers valid 02/05/2024 - 06/05/2024

DEFINITIONS

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 agreed bulk purchases which the 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.

“Term” means 12 months from the date of the Contract.

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.       Unless specifically agreed in writing, the following shall be of no effect: any conditions of purchase Buyer submits; any change to these Conditions; any previous representations by Seller; or any subsequent representations by Seller to the extent that they are inconsistent with these conditions.

2.3        The Buyer agrees to purchase the Goods in advance which the Seller will fulfil on the Buyer making an order to release the Goods during the Term in accordance with these Conditions.  

2.4.       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 in accordance with the Conditions, but no binding contract shall arise unless Seller accepts the order and where required Buyer has supplied further particulars.

2.5.       Once accepted by Seller, Buyer shall not be entitled to cancel an order without Seller’s prior written agreement and Buyer indemnifies Seller in full for all costs incurred by Seller as a result of the order’s cancellation.

2.6.      Each order shall comprise a separate contract, to which these Conditions shall apply.

2.7.       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.

2.8.     Should the Goods be discontinued or unavailable during the Term the Seller shall provide the Buyer with an alternative product which shall be deemed to become part of the Contract on acceptance of the Buyer.

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 but Seller reserves the right to change ingredients, packaging, manufacturing processes and other similar matters from time to time without notice to Buyer. All other warranties or conditions (statutory or otherwise) are excluded except in so far as such exclusion is prevented by law.

3.2.       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.

3.3.       Buyer must notify Seller of any claims in respect of the Goods promptly and in any event:

for defects apparent or which ought reasonably to be apparent on delivery, within 3 working days of receipt; and

for other defects, within 3 working days of the defect becoming apparent or being notified to Buyer by third parties; and all claims should be made in writing and accompanied by all relevant details and documentary evidence.

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.

The Goods will be reasonably fit for their general purposes, but Seller gives no warranty that they will be fit for any particular purpose or process unless this has been specifically agreed in writing.

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.

DELIVERY

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. 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.

TITLE 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, title to the Goods shall remain with 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 title 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.

PRICE

6.1.       The price charged shall be as agreed by the parties on the date of Contract of the Goods exclusive of VAT and any other government duty or tax applicable.

6.2.       Where a list price is published for the Goods, the price charged to Buyer will be the list price applicable on the day the Goods are ordered subject only to any applicable discount which may be agreed.

PAYMENT

7.1.       Payment for the Goods shall be made by the Buyer to the Seller at the time the Contract is agreed. Payment shall be held by the Seller on account for the Term, during which time the Buyer can order release of Goods for the Seller to fulfil in accordance with these Conditions. Any funds held on account by the Seller for unused Goods will automatically be refunded to the Buyer the month following expiry of the Term. 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.

7.3.       Payments by cheque, other credit transfer or negotiable instrument shall not be deemed to be made until cleared funds have been accredited to Seller’s bank account.

7.4.       Seller reserves the right at any time to withdraw credit terms and, if Seller does so, all amounts payable will immediately become overdue and deliveries under any contract between us will be suspended until full payment is made.

7.5.       Seller may at any time, without notice to Buyer, set off any liability of Buyer to Seller against any liability of Seller to Buyer, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this agreement. Any exercise by Seller of its rights under this condition shall not limit or affect any other rights or remedies available to it under this agreement or otherwise.

LIABILITY

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:

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;

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

Seller’s liability for Default shall be limited to 3 times the contract price of the Goods to which the Default relates.

The restrictions on Seller’s liability for defective goods contained in this contract shall apply howsoever the defect or liability has arisen including as a result of Seller’s own (or that of its agents or sub contractors) negligence, breach of contract, misinterpretation, breach of statutory duty or other default or circumstances.

This Condition 8 does not affect Buyer’s statutory rights.

TERMINATION

9.1       This Contract will automatically terminate after the Term.                

9.2.      Seller shall be entitled to immediately terminate/suspend the Contract:

if Buyer materially or consistently breaches the Contract;

if Buyer undergoes a change of control as defined in section 416 or 840 of ICTA 1988;

if Buyer suffers (or it is reasonably likely it will suffer) an Insolvency Event; or

at any time subject to at least 7 days’ notice.

9.3.      On termination/suspension of the Contract for whatever reason:

all amounts invoiced by Seller to Buyer, whether or not due for payment, shall become due immediately;

Seller’s permission for Buyer to sell, convert or process the Goods set out in Condition 5.3 shall terminate immediately; and

Seller may (without prejudice to any of its other rights) recover or resell the Goods and may enter Buyer’s premises for that purpose.

PACKAGING

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.

FORCE MAJEURE

11.1.    Seller shall not be liable for loss, damage or expense arising, directly or indirectly from any failure or delay in performing any obligation under the Contract caused by any circumstances beyond Seller’s reasonable control, which shall be deemed to include industrial disputes, whether or not Seller is directly involved, or shortage of materials at the market rates existing when Buyer’s order was accepted.

GENERAL

12.1.    Any notice under the Contract shall be in writing and, unless delivered to a party personally, shall be left at or sent by prepaid recorded delivery to any place of business of the Buyer and in the case of Seller to The AkzoNobel Building, Wexham Road, Slough SL2 5DS (deemed service upon delivery, if posted, 48 hours after posting).

12.2.    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.

12.3.    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.

12.4.    The word “including” shall not limit the generality of any preceding words.

12.5.    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.

12.6.    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. Seller may assign the Contract to any of its affiliate companies without Buyer’s consent.

12.7.    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.

12.8.    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. 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.

12.9.    The Contract shall be governed by English Law and Buyer and Seller agree to submit to the exclusive jurisdiction of the English Courts.

1. In participating Dulux Decorator Centre, Whites Trade Paints, Trade Paints, Doves Decorating Supplies, Colour Centre and Askew Paint Centre stores and online unless otherwise stated.
2. Discount is off shelf edge price ex. VAT and account prices.
3. Promoter: JP McDougall & Co. Limited t/a Dulux Decorator Centre, Manchester Road, Altrincham, Cheshire WA14 5PG.
4. DDC360 customers are excluded from these promotions (refer all DDC360 pricing to relevant CDM)
5. Offers valid 15/07/2024 – 11pm 28/07/2024
6. Sundays are online only