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Terms
Terms and conditions for use of www.thepainthub.ie
Introduction
This page confirms the “Terms & Conditions of Use” under which Customers and users (collectively “Users”) may use www.thepainthub.ie and any other websites under the Company’s control (whether partial or otherwise). Access to this website and the use of information on it is subject to these Terms & Conditions of Use. You should carefully read these Terms & Conditions of Use. By proceeding further, you will be deemed to have accepted them.
Definitions
In these Terms & Conditions of use, the following terms shall have the meanings indicated:- “Customers/Clients” means and actual or potential customers of this website and who may also purchase goods, products and/or services from or via this website; “Company” means the COMPANY and/or OWNER: in this case The Paint Hub – “Privacy Statement” means our statement of practice as regards the privacy and security of your information when accessing and/or using this website and any of the features hereon; “you” means any and all persons accessing or using this website and/or availing of any information and/or services available on or via this website; “we” and “our” and “us” means the Company.
Use of Material
The Company grants a non-exclusive non-transferable, limited personal licence to Users to view and download copies of (i) the publicly accessible material and (ii) the material available from those additional areas of www.thepainthub.ie to which Users may be permitted access and any other websites under the Company’s control (whether partial or otherwise) (collectively the “Company Sites”) for User’s personal use in accordance with the terms and conditions of these Terms & Conditions of Use.
The contents of the Company Sites, such as text, trade marks, graphics, images, logos, button icons, software and other material (collectively, “Material”), are protected under European Union, Irish and international copyright, database right, sui generis right, trade mark and other intellectual property laws. Except as otherwise provided, all Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on each Company Site is the exclusive property of the Company. Unauthorised use of the Material may violate copyright, trade mark, and other laws. The Company retains all copyright, trade mark, service-mark and other proprietary notices contained in the original Material and any copy Users make of the Material. Users may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public purpose. Except to the extent owned otherwise permitted herein, the use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
Users may not copy or adapt the HTML code that the Company creates to generate its pages. Such HTML code is also protected by the Company’s copyright.
Acceptable Site Use
Users may not use any Company Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, harassing abusive or hateful.
Company Site Security Rules
Users are prohibited from violating or attempting to violate the security of any Company Site, including, without limitation, (a) accessing data not intended for such party or logging into a server or account which such party is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Company Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company may investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting parties who are involved in such violations. The Company is committed to ensuring the privacy of your information and seeking to attain the highest standards of security at all times. However, you should note that messages and information passing over the Internet may not be free from interference by third parties and should be independently verified. You should never disclose data over the Internet in any manner unless you have satisfied yourself as to the security of the related technology/encryption. Please note that the Company cannot guarantee the privacy or confidentiality of information relating to you passing over the Internet. In accessing this website and in availing of any of the services/information available on or via this website, you are deemed by these Terms & Conditions of Use to accept that electronic mail messaging and Internet communication may not be free from interference by third parties and may not remain confidential. The use by you of this website, and any goods, products and services available on or via this website, is at your sole risk.
Specific Prohibited Uses
The Company specifically prohibits any use of any Company Site, and all Users agree not to use any Company Site, for any of the following:
- Posting any incomplete, false or inaccurate information or information which is not User’s own. Posting any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
- Deleting or revising any material posted by any other person or entity.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of any Company Site or any activity being conducted thereon.
- Taking any action, which imposes an unreasonable or disproportionately large load on any Company Site’s infrastructure.
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Company Site. The information on this website is not intended to be provided to and should not be used in any State or jurisdiction of any nature in which access to or use of such information is prohibited, whether in the format in which it is presented on this website or otherwise. If you have any doubts about the legality of your using this website, you should not continue any further.
- Disclosing to or sharing a password with any party that is not expressly permitted to use such password, or using a password for any unauthorised purpose.
Password and Registration
Users are responsible for maintaining the confidentiality of its information and password(s) assigned to Users (if any). Users shall immediately notify the Company of any unauthorised use of any password of which Users become aware. Users agree to notify the Company promptly after the departure of any person to whom a password was provided and the Company reserves the right to cancel such password and issue a new password in lieu thereof. The Company reserves the right to periodically change issued passwords.
The Company’s Liability
The Company is under no legal obligation to, and generally does not, control the information provided by other users which is made available through any Company Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. The Company expects that Users will use caution and common sense when using Company Sites.
The Material may contain inaccuracies or typographical errors. Except and only to the extent expressly provided to the contrary in the Agreement, (i) the Company makes no representations about the accuracy, reliability, completeness, or timeliness of Company Sites or the Material and (ii) changes are periodically made by the Company to Company Sites and may be made by the Company at any time.
General Disclaimer of Liability
No member of the Company (or any other person involved with the provision and maintenance of this website) takes any responsibility for the accuracy of the information provided on this website. Use of such information is at the User’s sole risk. No member of the Company accepts any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of:
(i) use of this website, including but not limited to any electronic mail messaging and Internet communication that may arise from, in the course of or pursuant to such use; and/or (ii) reliance on the information contained in this website, whether: (a) downloaded or not; (b) authorised or not.
The Company makes no representation or warranty or undertaking of any kind in relation to the analysis or information contained on this website or the completeness or accuracy of such information. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
The Company will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. The Company will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. Other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out or referred to herein, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
The Company will not be liable, in contract, tort (including, without limitation, negligence), pre- contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
This does not affect your statutory rights as a consumer. We will take all reasonable precautions to keep the details of your purchase secure but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
Contract
No contract will subsist between you and The Paint Hub for a sale to you of any product and or service until The Paint Hub accepts your order request by email confirming that it has accepted your order request and offer, and has dispatched your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time The Paint Hub sends the email to you (whether or not you receive that email) (i.e. once it leaves the information system of the Company).
Prices The price listed on the website (the “Price”) for The Paint Hub products (the “Products”) will be as stipulated at the time we accept your order request on the website. We are entitled to make adjustments to the Price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission or the Price for the Products on the Website is wrong.
Website: Security and Use You are entirely responsible for any and all activities that occur under your Account which is provided to you by The Paint Hub who host the transactional element of the website. You agree to notify us immediately of any unauthorised use or any other breach of security.
Website and Use You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings and other specifications provided on the website are the property of The Paint Hub.
Website: Advertising
We reserve the right at all times to place advertisements and promotions on the website. Advertisers and sponsors on the website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused there from.
Claims & Returns
When you purchase online or over the phone, you may have a statutory right to return a product (other than perishable produce or a special order i.e. any paint which has been tinted to a specific colour) up to 7 days after your order has been delivered (cooling off period). If we tint paint correctly as per your order we cannot change or cancel an order. If the order (a non-perishable, non-tinted item) has been dispatched, you can return the Product to us as long as it is in perfect resalable condition and we will organise a refund (excluding delivery cost). Any breakages or damage must be reported within 24 hours of purchase/delivery (as describe herein). Please do not accept visibly damaged orders and instead return with couriers.
Should you need to return items purchased online you can do so by Post or Courier. Please follow these important guidelines in order to help us process your return efficiently. Ensure the goods are securely packed in their original packaging. Include the following information with your return: Customer Name – Copy of your Original Receipt and contact telephone number. Also it would be useful if you could include the reason for the return. The Paint Hub, 5 Enterprise Business Park, O’Brien Road, Carlow. We cannot take any responsibility for loss or damages of your return.
Refunds can only be made in the original tender of purchase. Online refunds will be processed to the original payment card or type. If the original payment type is unavailable, we can offer you an exchange or a balance transfer to an equivalent value voucher. This does not affect your statutory rights.
Specifications
All descriptive matter, drawings, pictures, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Products and are not be deemed to form any part of the contract (unless explicitly included in writing by the Company). Specifications, colours, etc. may not match exactly to the actual colour. It is always recommended to properly prepare the substrate in order to achieve the best results.
Safety
If any manuals or safety instructions are provided with the Products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the website is not meant to be comprehensive and if you are inexperienced in using the Products or are unsure of your abilities, you should always seek expert advice and assistance.
Disclaimer of Warranties
The information contained on or via the website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through the website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.
Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the website, any changes to the website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €200.00.
Proprietary Rights
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the website, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Modification of Terms
We reserve the right to change the terms of use or policies regarding the use of the website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the website.
Links to Other Sites
The Company Sites may contain links to third party web sites. These links are provided solely as a convenience to Users and/or other users and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third party websites. If Users decide to access linked third party websites, Users do so at their own risk. This website may contain hypertext links to websites not maintained by the Company or any member of the Company Group. Neither the Company any member of the Company Group endorses or represents the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on such other websites. No member of the Company Group is or shall be (or be deemed to be) a party to any contract that you may or do enter into with the providers of such goods, services or products. You are reminded that different terms and conditions of use will apply to you as a user of such websites. The Company hereby disclaims any and all liability for the content of such websites and any loss or damage of any nature suffered by you as a result either: (a) of accessing or using such websites; or (b) availing of or acquiring any or all of the goods, services or products advertised or available on or via such websites. The use by you of such websites is at your sole risk. This website contains hypertext links to websites maintained by members of the Company Group other than the Company. You are reminded that different terms and conditions of use may apply to you as a user of such websites. No third party is permitted to create a link from another website to this website without our prior written consent.
General
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the Republic of Ireland. Access to the Materials may not be legal by certain persons or in certain countries. If Users access any Company Site from outside of the Republic of Ireland, they do so at their own risk and are solely responsible for compliance with the laws of, or applicable to, its jurisdiction. Jurisdiction for any claims arising under the Agreement, including but not limited to these Terms & Conditions of Use, shall lie exclusively with the Irish Courts and the Terms & Conditions of Use shall be construed in accordance with the law of the Republic of Ireland. If any provision of these Terms & Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Use, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term.
Disclaimer as to Accuracy of Information
Care has been taken in the preparation of the information contained on this website. However, we do not make any representations or warranties as to the accuracy of the information contained or reproduced on this website.
Not an Offer or Solicitation
The information contained on this Website is not intended to nor does it constitute an offer or solicitation of services.
Privacy Statement
The Company will use your personal data in the manner set out in its Privacy Statement. However, in the event of a conflict between the Privacy Statement and these Terms & Conditions of Use, the Terms and Conditions of Use shall prevail.
Copying
The information contained on this website may not be copied, transmitted, amended or reproduced in any form whatsoever without the prior written consent of the Company.
Amendments
The contents of this website, including these Terms & Conditions of Use, any information contained on this website and the Company’s Privacy Statement are subject to change and to being updated without notice from time to time.
General
We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.
Termination
We may terminate and/or suspend the website, with or without cause and at any time, without notice and effective immediately. In addition, we, in our sole discretion, may terminate your account for violation of the letter or spirit of these terms and conditions and/or at our sole and absolute discretion and without giving reason.
Laws
The terms of use shall be governed by and construed fully in accordance with the laws of the Republic of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) or part thereof of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
THE PAINT HUB TERMS AND CONDITIONS FOR SALE OF ONLINE PURCHASES
Payment
All goods shall remain in the sole ownership of The Paint Hub until such time as all monies have been paid in full by the Customer. Please also refer to Delivery.
Orders
The customer’s attention is drawn to application and usage information relating to the goods, which is available on data sheets which are available upon request. – email [email protected]. Technical information in response to enquiry is given by the company in good faith. It will be for the customer to satisfy him/herself as to suitability for his own particular purpose which may depend upon site conditions that are unknown to the company. The liability of the company will not exceed the value of the goods supplied under any circumstances. Loss of profits and consequential financial and other losses are excluded.
All goods are believed by the company to be of a quality suitable for the purpose and specification for which they are intended. A defect must be reported to the company immediately it is discovered.
All orders are subject to stock availability.
Whilst every effort is made to display as accurately as possible the colour of our goods we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the goods on delivery. If in doubt you are advised to examine samples supplied either by Colour Cards or Colour Panels, both produced using actual The Paint Hub paint or by a sample tester pot, before placing your order. We always recommend the use of a sample tester pot prior to larger orders, particularly for exterior projects.
The customer undertakes to accept responsibility for providing safe and sufficient storage facilities for the goods and will indemnify the vendor against any losses, damages or costs arising out of a breach of this condition.
Price
Orders are accepted on the condition that goods will be supplied at the company’s prices ruling at the date of despatch.
Delivery
All goods can be delivered anywhere within Ireland, within 1 to 3 business days at a rate of €7.54 plus V.A.T per carton, or to the quoted pallet rate where necessary. Risk shall pass on delivery. These prices are subject to change at The Company’s discretion. Any quoted delivery days/times are estimates only. All delivery times are estimates and we always suggest ordering in plenty of time. We cannot take any responsibility for the delivery once it has left our premises.
- a) For any delay in the delivery of goods, however arising.
- b) For short delivery of or damage to goods, whether delivered by the company’s own transport or otherwise, unless such loss or damage is notified with full particulars in writing to The Paint Hub, 5 Enterprise Business Park, O’Brien Road Carlow within 3 days following an email to [email protected] for any goods that have been left anywhere other than the delivery address.
Property
The ownership of any goods supplied by the company will not be transferred until all amounts owed to the company no matter on what ground, have been paid and until paid the company may repossess the goods.
THE PAINT HUB WEBSITE COPYRIGHT
This website and its content is copyright of The Paint Hub. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
– you may print or download to a local hard disk extracts for your personal and non-commercial use only – you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
THE PAINT HUB WEBSITE DISCLAIMER
The information contained in this website is for general information purposes only. The information is provided by The Paint Hub: – and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of The Paint Hub. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, The Paint Hub – takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
