These terms apply to use of the websites located at http://www.myhowse.com and all associated sub domains, including myhowse.co.uk (collectively referred to as ‘our Website’).
Our Website is owned and operated by Kalamazoo Limited, trading as ‘MY HOWSE’ (plus variation ‘My Howse’), a company incorporated in England & Wales (Company Number 11385323) with registered address 24 Mitre Bridge Industrial Estate, Mitre Way, London, United Kingdom, W10 6AU. ‘Kalamazoo Limited’ and ‘us’ are used interchangeably. ‘Goods’ and ‘goods’ and ‘Products’ and ‘products’ are used interchangeably and refer to the goods, products and services that we provide.
This is the user agreement that governs your use of our Website and the provision of the services we provide you. Please take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our Website and the services we provide you.
These terms and conditions were updated on 24 February 2019. From time to time and at any time, we may revise these terms and conditions by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this terms and conditions and these policies may also be superseded by provisions or notices published elsewhere on our Website.
- A. GENERAL TERMS
- B. WEBSITE USE POLICY
- C. ACCEPTABLE USE POLICY
- E. CONDITIONS OF SALE OF GOODS AND SERVICES POLICY
- F. DELIVERY POLICY
- G. RETURNS POLICY
- H. COLOUR MATCHING SERVICE POLICY
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
3. For customer service please email firstname.lastname@example.org or send post to: Kalamazoo Limited, 24 Mitre Bridge Industrial Estate, Mitre Way, London, United Kingdom, W10 6AU. If you are unhappy with the service that you have received from us please email email@example.com with the subject line COMPLAINT. We take your feedback very seriously and will endeavour to investigate the matter fully.
4. We reserve the right to make changes to our Website, policies, and these terms at any time. You will be subject to the policies and terms in force at the time that you use the website or that you order goods from us, unless any change to those policies or these terms are required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
5. By signing up to our newsletter mailing list, you agree to us occasionally contacting you by email with updates and offers. You can opt out of these at any time by sending us an email to firstname.lastname@example.org.
2. MY HOWSE® is Registered Trademark. We are the owner or the licensee of all intellectual property rights in our Website and all products and materials which we may make available from it including without limitation files, images, scripts and text. Those works are protected by copyright laws and treaties around the World. All such rights are reserved. You accept that neither we nor our licensors as may be appropriate grant you any licence in respect of any of these rights.
- You may (a) print off one copy for backup purposes only and (b) download extracts of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website. You may not use copies of downloaded material for commercial purposes without obtaining a licence from us, and you must ensure that all copies of downloaded material retain any copyright or other intellectual property notices which appeared in the source material.
- Other than as may be specifically permitted by these terms, you agree that you will not reproduce any content obtained from our Website in any manner, and in particular but without limitation that you will not sell, distribute, sub-license, rent, lease, transmit, broadcast or give away such content or in any manner make it available to third parties or exploit it any way or permit it to be exploited for profit. You agree that you will fully and effectively indemnify us against any claims, demands, costs and damages which we may incur howsoever arising as a result of your failure to comply with this clause. You will notify us immediately if you become aware of any unauthorised use of our service or our intellectual property rights.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
3. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
4. We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
6. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
7. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- Our Website must not be framed on any other website.
- We reserve the right to withdraw linking permission without notice.
- You are not permitted to make use of material on our Website other than that set out above.
8. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may use our Website for lawful purposes only. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website without written prior permission from a Director of Kalamazoo Limited.
- Not to use our Website or any interactive services for business purposes including the solicitation of business.
- Not to resell access to our Website.
- Not to download user account information from our Website.
- Not to frame our Website or any part of it.
- Not to copy any material obtained from our Website to peer-to-peer networks or other websites or web services.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
We may collect the following information from you:
- Personal data when you actively enquire about our products:
- Name, place of work, position.
- Contact information including email address.
- Postal address.
- Your interests and motives regarding our products.
- Your computer IP address.
- The method in which you found our Website.
- Various information stored in third party cookies.
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and to provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information that we think you may find interesting using the email address that you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or post. We may use the information to customise our Website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. All cookies that our Website stores on your computer remain anonymous, and no personal information can be identified from cookies we store on your computer.
Different web pages on our Website record different cookies. Please find below a breakdown of the cookies our Website may store, depending on how you have found us.
COOKIES STORED ON BEHALF OF GOOGLE
We store some Google cookies that help us anonymously track how users behave on our Website, how they have found us, and the pages that are visited the most. More information on Google’s policy around advertising and analytics can be found here. Google’s UTM cookie provides us with this functionality, and may be better known as:
COOKIES STORED ON BEHALF OF WOOCOMMERCE
To keep track of cart data, WooCommerce makes use of 3 cookies:
The first two cookies contain information about the cart as a whole and helps WooCommerce to know when the cart data changes. The final cookie (wp_woocommerce_session_) contains a unique code for each customer so that it knows where to find the cart data in the database for each customer. No personal information is stored within these cookies.
COOKIES STORED ON BEHALF OF FACEBOOK
We use some cookies from Facebook that allow our Website pages to be shared and liked. Facebook may use these cookies to track how you use the internet across different websites. You can find out more about how Facebook uses your personal data on their Facebook Data Use Policy pages.
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LINKS TO OTHER WEBSITES
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
- Whenever you are asked to fill in a form on our Website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
- If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us: email@example.com or writing to us: Kalamazoo Limited, 24 Mitre Bridge Industrial Estate, Mitre Way, London W10 6AU.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. If you tell us that you would like us to do so, then we may use your personal information to send you promotional information about third parties which we think you may find interesting.
Under the Data Protection Act 2018 and the United Kingdom’s implementation of the General Data Protection Regulation (GDPR), you may request details of personal information that we hold about you. A small fee will be payable. If you would like a copy of the information held on you please email us: firstname.lastname@example.org or write to us: Kalamazoo Limited, 24 Mitre Bridge Industrial Estate, Mitre Way, London W10 6AU.
On our Website we include prices for goods and services sold by us, that we try to ensure are as accurate as possible. We reserve the right to vary prices at any time. Unless stated otherwise, our stated prices are in Great British Pounds GBP £ inclusive of Value Added Taxes and Duties. Prices quoted in foreign currency may be adjusted at any time in relation to variations in the appropriate exchange rate. The price of goods does not include the cost of packing or delivery. Where by accident and in error, the price for goods or services has been listed incorrectly in error by us, we reserve the right to cancel your order and to refund any monies paid by you.
On our Website including on each product page, we list availability information for goods and services sold by us. Beyond what we say on our Website product pages or otherwise on our Website, we cannot be more specific about availability. As we process your order, we will inform you by email or by telephone if any goods or services that you order turn out to be unavailable. Without prejudice, we reserve the right to refuse to accept at our own discretion, any order or any repeat order.
Payments on our Website can be made using either Paypal or most major credit cards.
We recommend that you use the same product batch number on same job and so we strongly suggest that when you place an order you check that you have ordered enough product to cover the surface fully and to complete the job. If you place orders for the same colour at different times, and so we deliver them to you at different times and/or in instalments, we shall not be liability for minor variations in texture and consistency and/or colour and/or finish and sheen and between different batch numbers.
Please note that dispatch and delivery estimates stated on our Website are just that. They are not guaranteed dispatch or delivery times and should not be relied upon as such. Time is not of the essence. We shall not be bound to keep the delivery date and shall not be liable in any manner whatsoever for failure or delay whilst so prevented, hindered or delayed.
ACCEPTANCE OF GOODS
Upon delivery you must inspect goods and unless you take the following actions, we deem that you have accepted the delivery in full contractual satisfaction of the order:
- You shall endorse Courier’s note indicating why the delivery is not accepted in full satisfaction of the order;
- You shall advise My Howse immediately in writing by email email@example.com and confirm details of why the delivery is not accepted in full satisfaction of the order;
- You shall send full details of any delivery problem to us in writing by email firstname.lastname@example.org within seven working days after delivery.
We will not be liable for any loss or damage associated with the unloading of goods at any designated point of delivery or for placing them in a position on site except by prior agreement in writing and if we do participate in the unloading (whether with or without such prior agreement) you shall indemnify us against any consequences to us of its (or its sub-contractors) assisting you in such unloading.
If during the currency of any contract agreement or order entered into between you and us, we are delayed or hindered in or prevented from performing any or all of its obligations hereunder by war road blocks, rail blocks, strikes whether official or unofficial, lock-out, picketing or blocking (secondary or otherwise) or any action which could be reasonably be described as in the furtherance of or in any way related to an industrial dispute or grievance riots, civil commotions, epidemic fire explosions, accident, flood plant breakdown or any other cause (whether or not of the same nature as the foregoing) beyond our reasonable control, then we shall not in consequence thereof be under any liability in contract in relation to the contract agreement or order and we may if it deems so desirable upon giving notice to you partially or wholly suspend deliveries of any goods or preferments of any works during the continuance of such causes and the delivery date or dates shall be correspondingly extended.
RETENTION OF TITLE
Legal ownership and title of goods and services sold by us via our Website as well as via other means such as directly, will not pass from us to you until you have paid for the goods and services in full. If you have not paid for the goods and services in full then we retain legal ownership and title of the goods and services and we have the right to enter your premises to repossess the goods and services; to ensure that repossession is as easy as possible, you are obliged to:
- Store the goods separately from goods belonging to third parties;
- Mark the goods as the property of Kalamazoo Limited;
- Allow us access to your premises to verify that the obligations are being complied with;
- Allow us to remove such goods and services from your premises.
CANCELLATION OF ORDERS
Orders for goods and/or services may not be cancelled or suspended without our prior consent in writing. Any cancellation or suspension of an order which we do not agree to shall be on the condition that you shall indemnify us against any loss incurred wholly or in part by the cancellation or suspension.
We dispatch and deliver all products and services within the United Kingdom and Europe using CSM Logistics along with its partners couriers that include Parcel Force and UPS.
Delivery times vary depending on your postcode and how difficult it is to reach your location. We will make every effort to dispatch each order within 24 hours of receipt of the order, but please allow at least 5 working days for delivery within the United Kingdom and at least 8 working days for delivery within Europe. Remote places in the United Kingdom, and all British Islands, will normally take a little longer.
Our prices for delivery within United Kingdom:
- Up to 8 items – Great British Pounds £1.00 including VAT.
- 9 or more items – Price available upon request, please email us email@example.com.
Our prices for delivery within Europe are available upon request.
No goods are supplied on a sale or return basis. There should be no liability on us to accept returned goods. Any goods returned by you or anybody acting on your behalf will remain your risk and we, for the avoidance of doubt, confirm that no liability of any description is accepted in respect of the returned goods.
RETURNED GOODS THAT WE DO NOT ACCEPT
We are sorry that we do not accept returned goods whereby the paint tin lid has been opened and the customer decides that they dislike the paint colour. For this reason, prior to purchasing larger paint pots, we recommend that customers purchase a sample paint pot to check that they like, and are content with, the paint colour, texture and sheen.
RETURNING GOODS TO US
Some of our products are liquids that means they might not be accepted by delivery carriers such as Royal Mail. For this reason, if you are returning goods to us then please ensure that your chosen carrier consents to transporting items of relevant nature such as liquids. We recommend that you use a secure delivery method which requires a signature on receipt, as this insures the package in case it goes missing. The products and all delivery costs will remain your responsibility until it has been received at our returns address. We do not accept responsibility for products lost or damaged in the post.
COLOUR MATCHING SERVICE
We provide a service whereby we match our paint to a colour of your choice (referred to as our ‘Colour Matching Service’), with details below. Due to our being unable to re-sell any goods that we sell to you via our Colour Matching Service and that you might subsequently return to us if you simply change your mind, then unless the goods that we supply to you are faulty, we are unable to cancel your order or to provide you with a refund, and the below ‘RETURN OF NON-FAULTY GOODS – Excluding Colour Matching Service’ DOES NOT apply and instead the below ‘RETURN OF NON-FAULTY GOODS – Colour Matching Service’ below DOES apply.
RETURN OF NON-FAULTY GOODS – Excluding Colour Matching Service
Under the United Kingdom’s Consumer Contracts Regulations 2014, you have the right to cancel the contract for the purchase of goods at any point from the time of ordering until seven working days after delivery. To qualify for a refund as a result of such a cancellation:
- Within seven working days of receiving your goods you must email us: firstname.lastname@example.org with the subject RETURN, stating your order number, your name and address, the date you placed the order and giving your clear instruction to cancel the order;
- We will then send to you a Confirmation email advising next steps for returning goods to us;
- Within seven working days of receiving the Confirmation email from us, you must return to us (see ‘Returning Goods To Us’ above) to the address stated in our Confirmation email, the goods in unused, original, saleable condition, complete with internal packaging, labels and paint tin clips with goods clearly labelled as returned goods on the outside of the packaging;
- When we receive the goods at our returns address, if the above conditions ARE met in full, we will issue a refund for the price of the product to the method of payment used to purchase the product originally;
- When we receive the goods at our returns address, if the above conditions ARE NOT met in full, we will be unable to issue a refund. In this case we will contact you to organise return of the goods to you at your expense.
RETURN OF NON-FAULTY GOODS – Colour Matching Service
Due to our being unable to re-sell any goods sold to you via our Colour Matching Service and that you might subsequently return to us if you simply change your mind, then unless the goods that we supply to you are faulty, we are unable to cancel your order or to provide you with a refund; instead you consent to waiver your rights to United Kingdom’s Consumer Contracts Regulations 2014.
RETURN OF FAULTY GOODS
If you deem the goods that you receive from us to be faulty:
- Within seven working days of receiving your goods you must email us: email@example.com with the subject FAULTY, stating your order number, your name and address, the date you placed the order and giving your clear instruction as to why you think your goods are faulty, including photographs where possible;
- We will then send to you a Confirmation email advising next steps that might potentially involve returning goods to us;
- If, at our discretion, we confirm that the goods that we supplied to you were faulty, then we reserve the right to replace the goods with goods of an acceptable nature, rather than issue a refund for the goods;
- If we confirm that the the goods that we supplied to you were not faulty, then we will be unable to replace the goods or to issue a refund for the goods. In this case we will contact you to organise return of the goods to you at your expense.
Our Colour Matching Service is whereby we match our paint to a colour of your choice. If you would like to use our service:
- Email us: firstname.lastname@example.org with the subject COLOUR stating clearly the colour that you would like us to match (such as that of a Pantone, colour chart or other item that we are able to access easily) as well as your name, order quantity and delivery address;
- We will send you a Confirmation email advising you next steps and price;
- As bespoke goods cannot be returned to us unless they are faulty, we will ask you to agree to waive consent to returning non-faulty goods to us if you simply change your mind;
- When your colour matched goods are ready for dispatch, we will send them to you as described below;
- We hope that you are content with the goods that you receive; Only if you receive goods that are faulty (not if you simply change your mind) might you be entitled to return goods to us, as described above and below.
- Without prejudice, we do not warrant that instalments of batches of repeat orders of any product shall comply with the specification or colour match of any other instalment batch order. In the event that there shall be any said variation of specification or colour match, our liability shall be limited to the invoice price of the instalment batch or order concerned. It is your absolute obligation to specify clearly the product being ordered and the specification required. We accept no liability for your failture to order the correct product or specification.
As colour matching paint is time-consuming and costly, our minimum order size is 4 tins of 2.5 litres paint (coverage one small room).
Depending on the volume of paint that you would like us to colour match, then at our discretion, we might require you to pay an additional delivery charge, that we will confirm to you in our Confirmation email.
We aim to match our paint to a colour of your choice as quickly as possible. Depending on your order size, this might take about 4-7 days. For this reason, the time taken to dispatch and to deliver your order might be slightly longer than the times stated in our Delivery Policy above.
WAIVING CONSENT FOR RETURNING NON-FAULTY GOODS
If you order goods from us using our Colour Matching Service, then you agree to waive consent to returning non-faulty goods to us if you simply change your mind.
As described in our ‘RETURNS POLICY’ above, using our Colour Matching Service:
- NON-FAULTY GOODS – If you simply change your mind then we are unable to cancel your order or to provide you with a refund;
- FAULTY GOODS – If you deem the goods that you receive from us to be faulty, then the terms of our Returns Policy above apply; Please comply with our ‘RETURN OF FAULTY GOODS’ described above that includes alerting us within seven working days after receiving your order.