If you purchase any goods and/or services from Color Confidence in the course of your business, the terms set out below will not apply to you and, instead, your contract with Color Confidence will be governed by Color Confidence's business terms. Click here to view Color Confidence's business terms.NOTE: CtO, indicated in some product descriptions, indicates a product is “Configured to Order” and/or does not fall under the general terms and conditions for consumer purchases. Products indicating CtO are supplied under our Business (not consumer) Terms and Conditions and are subsequently generally non-returnable. Additionally, these products may have a greater delivery lead-time and delivery charge than indicated on-line. When ordering CtO products, the customer will be advised accordingly, and the specification confirmed before an order is accepted.
LUMESCA Group Limited (trading as Color Confidence) terms and condition for sales to consumers only:Terms and Conditions
Schedule 1 Model Cancellation Form
- These terms
- What these terms cover. These are the terms and conditions on which we supply products to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Information about us and how to contact us
- Who we are. We are LUMESCA Group Limited, trading as Color Confidence a company registered in England and Wales. Our company registration number is 2850281 and our registered office is at Spectrum Point, 164 Clapgate Lane, Birmingham B32 3DE. Our registered VAT number is GB443583442.
- How to contact us. You can contact us by telephoning our customer service team at 0800 977 4167 or by writing to us at email@example.com or at our postal address, Spectrum Point, 164 Clapgate Lane, Birmingham B32 3DE.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
- How we will accept your order. All orders (which are requests to purchase) are placed online. When you place your order, you will receive an automated response with a reference number confirming that request. Payment for the requested products (which is a payment on account until the contract between us come into force) must be made at the time of order. Our Automated response is not an acceptance by us of the order and the contract between us will not come into existence or effect until we send you either a delivery note or an invoice.
- If we cannot accept your order. If we are unable to fulfil your order, we will inform you of this and will not charge you for the product (or will refund any payment already made). This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. Your order number will be the reference number assigned on the automated response. The invoice number may also be used in respect of your order.
- Our products
- Products may vary slightly from their pictures. The images of the products on our website or in catalogues or brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website or in our catalogues or brochures.
- Providing the products
- Delivery costs. The costs of delivery will be as detailed on our website.
- When we will provide the products. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which you receive our automated acknowledgement of order (unless we inform you otherwise).
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at the delivery address when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
- When you become responsible for the product. A product will be your responsibility and you will own the product from the time we deliver the product to the address you gave us or that a carrier you organised collects the product from us.
- Products Damaged in Transit. If a product, on delivery to you, appears to have been damaged in transit (for example, if the packaging is in any way damaged) you should sign for the delivery, stating that the packaging shows indications of being damaged, photograph the packaging so as to indicate the damage and unpack and inspect the product itself and test that it is in full working order. In the event that the product itself is damaged, please notify us as soon as possible and email us to confirm that the product was delivered in damaged packaging and attach the photographic evidence showing such damage. We will then advise on replacement of your product (clause 9). Please also provide a description of the nature of the damage to the product itself, including any errors in functionality. Failure to do this will not affect your statutory rights.
- Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 9;
- If you have just changed your mind about the product, see clause 6.2 You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.4.
- Exercising your right to change your mind. You have a legal right to change your mind within 14 days and receive a refund. These rights are subject to 6.3 below.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- products supplied under the category ”CtO” (configured to order) which are specifically manufactured or sourced for you or are not our standard stock items; and
- sealed computer software, once these products are unsealed after you receive them;
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us (point 2.2) to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone. Call customer services on 0800 977 4167.
- e-Mail. firstname.lastname@example.org. Please provide your name, address, details of the order including order/invoice number along with reason for the request, and, where available, your phone number.
- By post. Write to us at our contat address (see point 2.2), including your name, e-mail address, home address, details of the order including order/invoice number along with reason for the request, and, where available, your phone number.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the product complete and in its original packaging. You must request a returns reference number (“RMA”) before returning the product and include this RMA with the returned products. Instructions for return or collection of the product will be provided with the RMA. If you are exercising your right to change your mind you must receive the goods within 7 days of telling us you wish to end the contract. The product should be returned complete and in “as new” saleable condition. If you have opened the box to examine the product you must have done so without damaging or marking the product or packaging. To be “as new”, you must not have used the product except for the purpose of examining it, and ensuring it suits your needs. The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop. The product must be returned with the original box, packing and any accessories or free gift you received with it (which must also be unused and “as new”).
When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- When you are responsible for the cost of return. If you are responsible for the costs of return but we arrange collecting the product from you, we will charge you for collection.
- How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
- We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then if we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Our rights to end the contract
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us as detailed in point 2.2.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person or post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact customer services as detailed in point 2.2 for a return label or to arrange collection.
- Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- When you must pay and how you must pay. Please see our website for details of payment methods we accept, you must pay for goods before we dispatch them.
- Our responsibility for loss or damage suffered by you
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products.
- We are not liable for business losses. These terms and conditions apply to the supply of products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Furthermore, our Business Terms and Conditions, and not these terms, will apply to the sale of such products.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Our Producer Registration is WEE/HH1515VU.