Our terms

1. These terms

1.1. What these terms cover. These are the terms and conditions on which we supply goods to you.

1.2. 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.

2. Information about us and how to contact us

2.1. Who we are. We are ESP Colour Ltd, a company registered in England and Wales. Our company registration number is 03513763 and our address is The Colour Hub, Milbuck Close, Elgin Drive, Swindon, Wiltshire SN2 8XU. Our registered VAT number is GB 685805494

2.2. How to contact us. You can contact us by writing to us at help@chateaudelamottehusson.co.uk

2.3. 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.

2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or for other unexpected reasons that we could not reasonably plan for.

3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products

4.1. Products may vary slightly from their pictures. The images of the products on our website 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.

4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3. Making sure your personalised messages are accurate. If we are personalising the product for you, you are responsible for ensuring that the information you have provided is correct. You will have an opportunity to review this before completing your order. Changes cannot be made by you after the order has been made.

5. Providing the products

5.1. Delivery costs. The costs of delivery will be as displayed to you on our website.

5.2. When we will provide the products. We will deliver the goods that you order to you as soon as reasonably possible. If this is more than 30 days after the day on which we accept your order, we will contact you with an estimated delivery date.

5.3. 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 any such delays.

5.4. If you are not at home 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, a note will normally be left informing you of how to rearrange delivery or collect the products from a local depot.

5.5. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot the goods may be returned to us. Any further delivery will be subject to additional delivery costs. We will contact you for further instructions.

5.6. When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.

5.7. When you own goods. You own a product once we have received payment in full.

5.8. Personalisation content. You must not include any content for personalisation that is inappropriate or infringes the rights of any third party, including content that is obscene, threatening, hateful, defamatory, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory or that will be likely to harass, upset, embarrass, alarm or annoy any other person. We may in our reasonable discretion refuse to utilize any content that we believe is inappropriate or infringing in personalising products.

6. Your rights to end the contract

6.1. 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:

6.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 9;

6.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;

6.1.3 If you have just changed your mind about the product, see clause 6.3. Orders for personalised goods may not be cancelled or changed after the order has been made. In respect of non-personalised orders, you may be able to get a refund by exercising your rights under the Consumer Contracts Regulations 2013 (within 14 days) but this may be subject to deductions and you will have to pay the costs of return of any goods.

6.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in this clause 6.2 the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

6.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

6.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;

6.2.3 you have a legal right to end the contract because of something we have done wrong.

6.3. How long do I have to change my mind? For goods that have not been ordered to be personalised, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods

7. How to end the contract with us (including if you have changed your mind where you have the right to do so)

7.1. Tell us you want to end the contract. To end the contract with us, please let us know by email at help@chateaudelamottehusson.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

7.2. 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 post them back to us at The Chateau Publishing, c/o ESP Colour Ltd, Millbuck Close, Elgin Drive, Swindon, SN2 8XU. Please email us at help@chateaudelamottehusson.co.uk for a return label. If you are exercising your right to change your mind (and you are enabled to do so) you must send off the goods within 14 days of telling us you wish to end the contract.

7.3. When we will pay the costs of return. We will pay the costs of return:

7.3.1 if the products are faulty or misdescribed;

7.3.2 if you are ending the contract because we have told you of 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; or

7.3.3 if you are exercising your right to change your mind (where you have that right).

In all other circumstances you must pay the costs of return.

7.4. How we will refund you. Where you are entitled to return the products, we will refund you the price you paid for the products (including where relevant the delivery costs), by the method you used for payment. However, we may make deductions from the price, as follows:

7.4.1 We may reduce your refund of the price (excluding delivery costs) 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.

7.4.2 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.

7.5. When your refund will be made. We will make any refunds due to you as soon as possible. If you are legitimately exercising your right to change your mind then 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 7.2.

8. Our rights to end the contract

8.1. We may end the contract if you do not make any payment to us when it is due.

8.2. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid for products which will not be provided.

9. If there is a problem with the product

9.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at help@chateaudelamottehusson.co.uk

9.2. Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

9.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please email us at help@chateaudelamottehusson.co.uk for return details.

10. Price and payment

10.1. 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 10.3 for what happens if we discover an error in the price of the product you order.

10.2. 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.

10.3. 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

10.4. When you must pay and how you must pay. We accept payment with Visa, Visa Debit, Mastercard. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

10.5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of [4]% a year above the base lending rate of Barclays from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11. Our responsibility for loss or damage suffered by you

11.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2. 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; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for their particular purpose; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987

11.3. We are not liable for business losses. We only supply the 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.

12. How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy

13. Other important terms

13.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

13.2. 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.

13.3. 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.

13.4. 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.

13.5. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

13.6. 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.