Website Terms of Use

  1. About our Terms

1.1 These Terms explain how you may use this Website ("Site") which is provided by us free of charge.

1.2 References in these Terms to the Site includes the following website: shop.johnstonespaint.com and all associated web pages.

1.3 You should read these Terms carefully before using the Site.

1.4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

1.5 If you do not agree with or accept any of these Terms, you should stop using the Site.

1.6 If you have any questions about the Site, please contact us by:

1.6.1 e-mail [ecommerce.uk@ppg.com ] and we will respond within 2 working days; or

1.6.2 telephone [ 01924 354407] (Monday to Friday: 9am to 3pm). [If you have a hearing or speech impediment you can contact us using a textphone on [07816 513236]. ]

1.7 To the extent that you are using the Site as a Business Customer, these Terms, together with the Online terms and conditions for the supply of goods, our privacy policy and our cookie policy shall apply to your use of the Site to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1.8 Definitions

 

Business Customer

a user of the Site for purposes relating to its trade, business, craft or profession;

Content

means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

Online terms and conditions for the supply of goods

means the terms and conditions available here, which will apply to you ordering goods using the Site;

Site

has the meaning given to it in clause 1.1;

Terms

means these terms and conditions of use as updated from time to time under clause 14;

Unwanted Submission

has the meaning given to it in clause 7.1;

we

means PPG Architectural Coatings UK Limited, company registration number 00436135, with VAT registration number GB 567 1662 19 and the registered office of which is at Huddersfield Road, Birstall, Batley, West Yorkshire, WF17 9XA (and us or our shall have the same meaning). References to we, our and us in these Terms also includes our group companies from time to time; and

you

means the person accessing or using the Site or its Content (and your shall have the same meaning).

 

1.9 We are a member of the following association: the British Coatings Federation.

  1. Using the Site

2.1 The Site is for your use only.

2.2 You agree that you are solely responsible for:

2.2.1 all costs and expenses you may incur in relation to your use of the Site; and

2.2.2 keeping your password and other account details confidential.

2.3 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [ecommerce.uk@ppg.com ].

2.5 As a condition of your use of the Site, you agree to comply with our acceptable use policy (as set out in clause 6 below) and our Online terms and conditions for the supply of goods.

2.6 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

  1. Your privacy and personal information

3.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy and cookie policy, which explain what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

3.2 Our privacy policy is available at https://shop.johnstonespaint.com/pages/privacy-statement.

3.3 Our cookie policy is available at https://shop.johnstonespaint.com/pages/cookies-policy

  1. Ownership, use and intellectual property rights

4.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

4.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

4.3 Trade marks: The use of any of our trade marks (including without limitation Johnstone’s, Leyland and PPG) on the Site is strictly prohibited unless you have our prior written permission.

  1. Software

5.1 Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user licence agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal rights are under, eg, the Consumer Rights Act 2015, what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).

5.2 All such software is solely for your personal use in a non-commercial manner.

5.3 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

  1. Acceptable Use Policy ("Policy")

6.1 We permit you to use the Site only for personal purposes and primarily for finding out information about our products, purchasing them and any after-sales support. Use of the Site in any other way, including any unacceptable use as set out in clause 6.2 below, is not permitted.

6.2 As a condition of your use of the Site, you agree not to use the Site:

6.2.1 for any purpose that is unlawful under any applicable law or prohibited by this Policy or our Online terms and conditions for the supply of goods or;

6.2.2 to commit any act of fraud;

6.2.3 to distribute viruses or malware or other similar harmful software code (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

6.2.4 for purposes of promoting unsolicited advertising or sending spam;

6.2.5 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

6.2.6 in any manner that disrupts the operation of our Site or business or the website or business of any other entity;

6.2.7 in any manner that harms minors;

6.2.8 in any manner that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or violates or infringes the legal rights of any third party;

6.2.9 to publish, transmit or upload material to the Site which has been falsified in any way or amended to delete author attributions, legal notices or proprietary designations, including but not limited to the details of the origin or source of the material;

6.2.10 to publish, transmit or upload material to the Site without having first obtained all necessary licences, consents or approvals;

6.2.11 to promote any unlawful activity which could be considered a criminal offence, or give rise to civil liability, or infringe the rights of any third party in the UK, or any other country in the world;

6.2.12 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

6.2.13 to gain unauthorised access to or use of computers, data, systems, accounts or networks; or

6.2.14 to attempt to circumvent password or user authentication methods.

6.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material or using the Site in breach of this clause 6.

  1. Accuracy of information and availability of the Site

8.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

8.2 We may suspend or terminate operation of the Site at any time as we see fit.

8.3 You may have certain legal rights when purchasing goods using the Site in accordance with the Online terms and conditions for the supply of goods. These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015.

8.4 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice or recommendation and should not be relied on for any purposes. In particular, the images of the goods on the Site 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.

8.5 While we try to make sure that the Site is available for your use, we do not promise that use of the Site will be compatible with all hardware and software which may be used by you, or that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

8.6 You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software .

  1. Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site. You may not create a link to this Site from another website or document without our prior written consent. We reserve the right to withdraw linking permission without notice.

  1. Limitation on our liability

10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

10.1.1 losses that:

(a)   were not foreseeable to you and us when these Terms were formed (including any indirect, consequential or pure economic loss); or

(b)   that were not caused by any breach on our part;

10.1.2 business losses (including, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss); and

10.1.3 losses to Business Customers including (without limitation) those arising out of or in connection with the use of the Site or the use, accessing, downloading or relying on any information or other materials contained in the Site, including, without limitation, as a result of any computer virus. 

10.2 To the extent permitted by law, and in relation to Business Customers, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which may apply to the Site or any content on it, whether express or implied. The material on the Site is provided to Business Customers on an “as is” without any conditions, warranties or other terms of any kind.

  1. Limitation on our liability

You agree to keep us indemnified against all actions, claims, costs, expenses (including all legal costs) and damages brought against or suffered by us arising out of any breach of these Terms or any activity relating to your use of the Site (including any negligent or wrongful conduct) by you or any other person accessing this Site using your name or any other name with which you have registered with the Site.

  1. Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion, pandemics or accident.

  1. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

  1. Variation

These Terms are dated 1st June 2020. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 14. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

  1. Severance

If any of these Terms shall, in whole or in part, be held to any extent to be illegal or unenforceable under any enactment or rule of law such provision shall, to the extent required, be severed from the Terms and rendered ineffective as far as possible without modifying the remaining provisions and shall not in any way affect any other circumstances or the validity or enforcement of these Terms.

  1. Disputes

16.1 We will try to resolve any disputes with you quickly and efficiently.

16.2 If you are unhappy with us please contact us as soon as possible.

16.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:

16.3.1 let you know that we cannot settle the dispute with you; and

16.3.2 If you are a Consumer and you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

16.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

16.5 Relevant United Kingdom law will apply to these Terms.