Terms and Conditions
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.
Your attention is in particular drawn to the provisions of condition 11.
- The definitions below apply in these conditions.
"Color Confidence": Typemaker Limited trading as Color Confidence, a company registered in England and Wales with number 2850281 whose registered office is at Spectrum Point,164 Clapgate Lane, Birmingham, B32 3DE;
"Contract": any contract between Color Confidence and You for the sale and purchase of the Goods and/or Services, incorporating these conditions;
"Goods": any goods Color Confidence is supplying to You in the Contract;
"Services": any services Color Confidence is supplying to You in the Contract;
"working days": Monday to Friday inclusive, with the exception of any day which is a public or bank holiday in England and Wales;
"writing" shall include facsimile and email;
"You": the person purchasing Goods and/or Services from Color Confidence.
- Condition headings do not affect the interpretation of these conditions.
- Application of terms
- The Contract shall be on these conditions. No variation to these conditions shall have effect unless agreed in writing by an authorised representative of Color Confidence.
- Each order for Goods and/or Services by You from Color Confidence is an offer by You to buy Goods and/or Services subject to these conditions.
- No order placed by You shall be accepted by Color Confidence until Color Confidence despatches the Goods to You or commences performance of the Services. Until that time there is no legally binding contract between You and Color Confidence. Any acknowledgement of order which Color Confidence sends to You is simply confirmation that it has received your order.
- Right of Cancellation
- You have the right to cancel the Contract at any time up to the end of seven working days after the day on which the Contract is made or the Goods are received (whichever is the later).
- You do not have the right to cancel the Contract if:
- the performance of any Services begins with Your agreement before the end of the seven working day cancellation period; or
- the order is for audio or video recordings or computer software which have been unsealed.
- To cancel a Contract, You must inform Color Confidence in writing by post, fax or email. You must also return the Goods to Color Confidence immediately, in the same condition in which You received them, and at Your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in Your possession. If You fail to comply with this obligation, Color Confidence may have a right of action against You for compensation.
- To help us process your Contract cancellation, we recommend first telephoning Color Confidence before cancelling a Contract for a Returns Authorisation Number which should be stated on the packaging in which the Goods are returned. Nothing in this clause 3.4 restricts the means referred to in condition 3.3 by which you may cancel a Contract.
- Once you have notified Color Confidence that You are cancelling the Contract, Color Confidence will within 30 days refund or re-credit to You any sum that has been paid by You or debited from Your credit card for the Goods and/or Services.
- Nothing in these conditions affects your statutory rights.
- The quantity and description of the Goods (if any) and/or Services shall be as set out in Color Confidence's acknowledgement of order.
- Any descriptions or illustrations contained in Color Confidence's catalogues, brochures or this website are issued or published for the sole purpose of giving an approximate idea of the Goods or Services described in them and they shall not form part of the Contract, unless You are buying Services described as being provided for a specific length of time when that length of time will form part of the Contract.
- Delivery of the Goods
- Delivery of the Goods shall take place at the address You provided to Color Confidence when you placed Your order.
- Color Confidence will not be liable for any loss or damages suffered by You through delay in delivery following despatch of the Goods.
- Color Confidence shall repair or replace, free of charge any Goods damaged or lost in transit where delivery has been made by its carrier, provided that you notify Color Confidence in writing of such damage or loss within 7 days of the date of Color Confidence's invoice.
- Performance of the Services
- Performance of the Services shall take place at the place and time(s) specified on this website or at such other place and time(s) agreed between Color Confidence and You.
- The extent of any Services is more fully described on this website.
- You shall take all steps necessary to ensure that Color Confidence is able to perform the Services on the date they are due to be performed.
- Intellectual Property
All intellectual property conceived or made by Color Confidence in the course of providing the Services will belong to Color Confidence and Color Confidence grants You a non-exclusive licence to use such intellectual property only for the purposes notified to You from time to time by Color Confidence.
- The price payable for the Goods or Services shall be the price set out on the Color Confidence website on the date the Goods are despatched or performance of the Services commences.
- Value added tax, delivery costs, any customs duty or import tariffs and travel and subsistence (where applicable in the case of Services) shall be added to the total amount due from You and paid by You.
- Payment of the price for the Goods and/or Services is due on the date of the Contract. The currency in which payment is due shall be determined in accordance with the following table:
Location of Invoice Address
A country in the Euro Zone
Any country in an area not listed above
Currency specified by Colour Confidence at the time Your Order is acknowledged
VAT No: GB 443 5834 42
- If you do not pay any sums due to Color Confidence on time then You are in breach of the Contract and Color Confidence can terminate the Contract immediately and claim damages from you.
- No payment shall be deemed to have been received until Color Confidence has received cleared funds.
- All payments payable to Color Confidence under the Contract shall become due immediately on its termination despite any other provision.
- Color Confidence warrants that:
- on delivery, and for a period of 12 months from the date of delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
- it will perform the Services with reasonable skill and care.
- The above warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, if You use the Goods in any way that Color Confidence does not recommend, Your failure to follow Color Confidence's instructions, or any alteration or repair You carry out without Color Confidence's written approval.
- In addition Color Confidence shall endeavour to pass to You the benefit of any warranty or guarantee given to Color Confidence by the manufacturer of the Goods.
- Limitation of liability
- YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION 11. NOTHING IN THESE CONDITIONS EXCLUDES COLOUR CONFIDENCE'S LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION.
- SUBJECT TO CONDITION 11.1 COLOUR CONFIDENCE'S TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING IN CONNECTION WITH THE PERFORMANCE, OR CONTEMPLATED PERFORMANCE OF THE SERVICES SHALL BE LIMITED TO THE PRICE PAYABLE FOR THE SERVICES UNDER THE CONTRACT IN ANY YEAR.
- Color Confidence may assign the Contract or any part of it to any person, firm or company.
- You shall not be entitled to assign the Contract or any part of it without the prior written consent of Color Confidence.
- Each right or remedy of Color Confidence under the Contract is without prejudice to any other right or remedy of Color Confidence whether under the Contract or not.
- Color Confidence shall not be liable to You by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Goods or Services, if the delay or failure was due to an act of God, war, terrorism, power failure, or any other cause beyond Color Confidence's reasonable control.
- The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- The Contract shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts.
- These conditions are drafted in the English language. If the conditions are translated into any other language, the English language text shall prevail.
- To give you even more value, we regularly offer free delivery promotions to help you enjoy the products you need for less.
Simply place your order as normal and the cost of shipping will be automatically deducted from your total.
The following exceptions apply:
- All products weighing over 5kg. This includes most monitors and printers. Carriage calculations will be shown at the checkout.
- Certain fragile items (e.g. light tubes) are not eligible due to special delivery requirements. Carriage calculations will be shown at the checkout.
- Reseller orders are not eligible for these promotions unless otherwise stated.
- Free delivery promotions apply to the UK and Europe only, unless otherwise explicitly stated.
- Only orders placed within promotional periods (including orders for out of stock products) are eligible for free shipping. Standard delivery charges will apply at all other times.
- The voucher code displayed on Color Confidence Focus on Imaging 2012 receipt(s) is valid until 31/03/2012. The voucher code is only applicable for orders over £75.00 and excludes all monitor and printer purchases.
- WEEE Policy
- The Waste Electrical and Electronic Equipment Directive (WEEE) is an EU initiative to protect the environment by reducing the amount of electrical equipment including PCs, servers, printers, laptops and other electrical products going into landfill sites. If this symbol is shown on any of your goods, it means that the product is classed as Electrical and Electronic Equipment (EEE) and should not be disposed of with your general waste.
- Our Producer Registration is WEE/HH1515VU.