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SUPPLY TERMS AND CONDITIONS

• Application of these Terms
  • These are the terms and conditions (the Terms) on which we supply our Products to you, whether you place an Order by phone, email or via our Website (however you reach us to do so). The meanings given to the terms ‘Products’, ‘Order’, ‘Website’ and other capitalised words used in the Terms are set out at Clause 3
  • Please read these Terms carefully at the time you place an Order with us, as they set out important information about your rights and obligations and our rights and obligations. Please note that you must agree to these terms before we can accept your Order.  If you do not agree to these Terms, please do not proceed to place an Order with us.
  • These Terms set out details of:
    • who we are;
    • the terms on which we supply our Products; and
    • other important information.
  • Under these Terms, you will have different rights depending upon whether you are a business customer or a consumer. Where a term applies just to a business customer or just to a consumer, this is clearly stated. Otherwise, the term will apply to both consumers and business customers. You are a consumer if:
    • you are an individual; and
    • you are purchasing Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

If you are acting in any other capacity, including as a sole trader or a partner in a partnership, or if you provide us with a business or trading name to which we are to address our invoices, you are a business customer for the purpose of these Terms.

• You must be at least 18 years old to place an Order with us. If you are placing an Order on behalf of a business, you confirm that you have authority to act on behalf of that business.
• We may make changes to these terms at any time. However, the terms which apply to your Order will be:
  • where you have placed an Order via our Website (see Clause 4.3), those Terms set out on our Website at the time you submitted the Order to us; and
  • where you have placed an Order via phone or email (see Clause 4.4), those Terms linked or attached to your Order Confirmation.
• Please save a copy of these Terms and any emails from us for your records, as we will not save or file a copy for you.
• These Terms apply to the Contract to the exclusion of any other terms that you may seek to include, impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
• The following are other Terms that may apply to you and can be found on our Website:
  • our Privacy Policy, which sets out details of how we collect, use and look after your personal data when you place an Order with us or visit and use our Website;
  • our Website Terms of Use, which govern how you may use our Website; and
  • our Cookies Policy, which sets out information about the cookies on our Website.

We recommend that you also read these carefully.

• Who we are
  • We are Gordon Products Ltd trading as Earthborn, a company registered in England and Wales under company number 2401214. Our registered office is at: 100 Main Street, Frodsham WA6 7FZ and our trading address is at: Frodsham Business Centre, Bridge Lane, Frodsham WA6 7FZ (we, us, our, Earthborn).  Our VAT number is: 792 4132 26.
  • If you need to contact us, please do so by:
    • sending an email to enquiries@earthbornpaints.co.uk;
    • calling us on +44(0)1928 734 171; or
    • completing the ‘Contact Us’ form on our Website.
  • Understanding these Terms
    • In the Terms the following words and expressions shall have the following meanings:

• A reference to:
  • a person includes a natural person, company, LLP, corporate, partnership, joint venture, association, trusts, unincorporated bodies and associations and that persons personal representatives, successors and permitted assigns;
  • the singular includes the plural and vice versa, and to the masculine shall include the feminine and neuter and vice versa;
  • a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
  • writing or written excludes fax but includes email; and
  • an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.
• Placing an order and the basis of the Contract
  • You may place an Order with us via our Website or by phone or email. An Order constitutes an offer by you to purchase those Products set out in the Order, in accordance with these Terms.
  • Please check the Order carefully and correct any errors before you submit it to us.
  • Website Orders – Where you place an Order by our Website, including where you have accessed our Website via social media or other method of remote communication, you must accept these terms at the time you place the Order with us. This does not mean that the Order has been accepted by us, and it will only be accepted when we send you an Order Confirmation (see Clause 5).  Your Order is an offer to buy Products from us on these Terms.
  • Phone and Email Orders – this clause applies to business customers only. Where you place an Order by phone or by email, any Order placed with us will be subject to these Terms. The Order will be accepted when we send you an Order Confirmation (see Clause 4.5). The Order is an offer by you to buy the Products (in the Order) from us on these Terms. If you do not receive an Order Confirmation from us, please contact us using the contact methods in Clause 2.2 and, where we are unable to accept the Order, we will issue a refund of any sums you may have paid in advance for the Order.
  • Acceptance of an Order by us takes place when we send you an email which confirms we have accepted your Order (Order Confirmation), at which point a legally binding Contract shall come into existence in respect of those Products set out in our Order Confirmation only.
  • We may (at our discretion) choose to not accept all or part of your Order, or to terminate the Contract prior to delivery of the Products , for example in circumstances including:
    • where we are unable to take payment or a credit reference is unsatisfactory;
    • where the Product you’ve ordered is unavailable or out of stock;
    • where you have not indicated acceptance of these Terms;
    • where you are located outside of our delivery areas; or
    • where there has been a mistake regarding the pricing or description of the Products,

and where this happens, we will email you as soon as possible using the details you provided when you placed the Order and refund any sums you have paid in respect of those Products we are unable to provide. We have the right to reject Orders for any reason.

• Product Availability
  • All Products within our Order Confirmation are subject to availability, and we cannot guarantee that any Products will be available at any given time.
  • In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain Products. If this happens and it affects any Products in our Order Confirmation, we will notify you by email, cancel the Contract in respect of the affected Product and provide you with a refund of any advance payments made by you for any Products that have not yet been provided.
• Your rights to change an Order

If you would like to make any changes to your Order after you have submitted it to us, please contact us as soon as possible and we will let you know whether it is possible to change the Order.

• Our rights to change an Order
  • We can make a change to the Products:
    • to reflect changes in relevant laws and regulatory requirements; or
    • to make minor technical adjustments and improvements, for example to address a safety hazard.
  • We can suspend the supply of the Products in order to:
    • deal with technical problems or make minor technical changes; or
    • update Products to reflect changes in relevant laws and regulatory requirements.
  • Where we suspend the supply of a Product, we will contact you in advance to tell you, unless the problem is urgent or an emergency.
• Products
  • Information about us and our Products is available on our Website.
  • Any pictures, images, drawings, descriptive matter on our Website or in adverts produced by us, including of packaging, are for illustration purposes only, in order to give an approximate idea of the Product referred to in them. We do not hold out that our Products will be suitable for any particular use you may wish to make of them.
  • We cannot guarantee that the colours displayed on your device will match exactly the appearance of your Products. The colours of the Products displayed on our Website may vary depending on what device you are using and your settings. We strongly recommend testing the colour of your Product on the surface to be painted before decorating fully.
  • All tips and information available on our Website, including our colour guide, is for the purpose of guidance only.
  • If you are a consumer, our Products are provided to you for your domestic and personal use only. You must not use them for commercial, business or resale purposes.
• Colours and our ‘Bee Unique Range’
  • You acknowledge that slight variations in colour may occur between finishes and batches, and the appearance of the final colour is affected by the substrate and the texture of the surface being painted, as can lighting and the application method (i.e. brush, roller, spray etc).
  • Where more than one tin of the same colour is being used, we recommend that you mix these tins together first to ensure an even colour across the decorated surface.
  • Please ensure that you stir paint Products thoroughly before use, by using a suitable paint stirrer that reaches to the bottom of the relevant tin.
  • Our sample pots and swatch cards provide an accurate colour match within batch tolerance at the time of production, and can help you to test the colours you like.
  • Products in our ‘Bee Unique Range’ are one-of-a-kind, in that they were not created on purpose and will not be created again. As such, we cannot guarantee the exact shade or future availability of such Products.
• Delivery
  • Our courier service will deliver your Products to the Delivery Location.
  • If no one is available to take delivery, our courier service may leave an attempted delivery notification at the Delivery Location with information on how to re-arrange delivery or follow the delivery instructions you provided to us (e.g. leaving it in a specified safe location or delivering it to a neighbour or nearby business) or otherwise contact you, using any of the contact methods you provided when placing your Order, to let you know whether and where your package has been left and any other relevant delivery information. We reserve the right to charge additional Charges for each attempt to deliver the Products to you after the first failed delivery. If you wish to cancel the re-delivery, then we are entitled to charge you an administration fee of the delivery cost.
  • If a further delivery attempt is unsuccessful, is not viable or we are unable to follow your delivery instructions, you will be notified of this and what options we may take, should we decide not to cancel the Order. Where we opt to cancel the Order, we may refund you the price of such Products. Such refund will not include the Charge for standard delivery and any additional Charges we reasonably incur in attempting to re-deliver the Products to you.
  • For Products over a certain size or which are being delivered to remote locations or with shipping requirements (such as a pallet), an additional delivery Charge may apply to your Order. Information on our delivery Charges is available on our Website, or, where you are a business customer, are as set out in our published price lists from time to time.
  • Where:
    • you are a consumer, please examine the Products at the earliest opportunity after delivery and notify us of any fault or damage as soon as reasonably possible. We may only have 24 hours from the time of delivery to notify our courier service of any fault with or damage to the Products; and
    • you are a business customer, you must examine the Products at delivery and notify us of any fault or damage within 24 hours of delivery.
  • Once a Product has been delivered to the Delivery Location, risk in the Product passes to you and the Product will be classed as having been ‘delivered’. This means that you are responsible for the Product, and we are not liable to you if the Product is stolen or damaged after it has been delivered to you. This does not affect your legal rights if the Product is faulty or misdescribed. However, ownership of Products only passes to you when you have paid for them in full.
  • If you do not accept delivery after our reasonable attempts to deliver the Products to you, we are entitled to treat the Contract as cancelled. In these circumstances, we may charge you additional sums for any losses which arose from your failure to take delivery, and our reasonable costs for the storage of the Products prior to the expiry of the relevant period during which the Products were attempting to be delivered.
  • Information on delivery options and charges is available on our Website. You will be given available delivery options to choose from when you place an Order. We deliver to Northern Ireland, the Isle of Wight, Isle of Man, Channel Islands, Scottish Islands, Isle of Scilly and other remote areas of the UK – if you require delivery to one of these areas, we may require you to pay additional delivery charges, as specified on our Website.
  • Your Products will be delivered within the delivery period specified on our Website or as confirmed by telephone, depending on the delivery option you chose when you placed your Order. We will deliver your Order within 30 days of the Order Confirmation unless otherwise agreed between you and us.
  • All delivery dates stated on our Website, during the order process or in our Order Confirmation, are estimates only and we reserve the right to update you of any change or variation to any date for delivery from time to time. Time for delivery is not of the essence of the contract (unless we have agreed a specific delivery date with you).  We are not liable to you for any losses you incur if delivery is delayed because of any circumstances beyond our reasonable control (for example severe weather, accidents or unpredictable traffic delays).
• Charges and Payment
  • Prices for our Products are set out on our Website (or, if you are a business customer, as set out in our published price lists in force at the date of the Order Confirmation). The Charges payable by you will be confirmed in our Order Confirmation. All prices are stated:
    • in pounds sterling (£)(GBP);
    • for consumers, inclusive of VAT at the applicable rate, and for business customers, exclusive of VAT at the applicable rate; and
    • exclusive of delivery charges. Such delivery charges will be stated separately either on our Website or on any invoice we provide to you. For information on delivery options and costs, please see our Website.
  • Our Website is regularly updated to provide real-time prices based on your requirements. Please note that only one price promotion, discount or other offer as available from time to time will apply to your Order at any time and cannot be used in conjunction with other price promotions, discounts or offers which may also be available from time to time. For the avoidance of doubt, you may not take advantage of any price promotions, offers or discounts which we make available from time to time once the same has expired. Except as set out in Clause 11.3 below, such changes will not affect existing Orders.
  • If there has been an error on the Website regarding the pricing of any of our Products and this affects your Order, we will try to contact you using the contact details you provided when you placed the Order. We will give you the option to re-confirm the Order at the correct price or to cancel the Order. If we are unable to contact you, we will treat the Order as cancelled and notify you by email.
  • We accept the following credit cards and debit cards: MasterCard, VISA, ApplePay, Google Pay and American Express. You can also pay via Paypal. All credit card and debit card payments need to be authorised by the relevant card issuer.
  • Unless we specifically agree otherwise in writing with you, all Products must be paid for in advance. We may take payment from your chosen payment method before we send you your Order Confirmation, however we will hold any payment we receive from you to your order until we have provided you with an Order Confirmation.
  • If we are unable to collect any payment you owe to us, we will charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues 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 to us the interest together with any overdue amount.
  • If we are unable to take payment from your chosen payment method and you are:
    • a consumer, we will try to contact you using the contact details you provided when you placed the Order. If we are unable to contact you, we will cancel the Order and notify you by email;
    • a business customer, we will issue an invoice to you which shall be immediately payable.
  • Your obligations
    • Whether you are a business customer or a consumer, you shall:
      • ensure that the terms of the Order and any information you provide to us are complete and accurate;
      • co-operate with us in all matters relating to the Products, including by:
        • preparing the Delivery Location for the delivery of the Products and complying with all applicable laws, including health and safety laws where you are a business customer;
        • providing us, and our employees, agents, consultants and subcontractors with access to the Delivery Location other facilities as reasonably required by us; and
        • ensure that you, or an appropriate third party representative, are available and present at the Delivery Location at the time the Products are to be delivered in order to liaise with our personnel in relation to your requirements.
      • Where you are a business customer:
        • we may check your credit rating prior to agreeing credit terms with you or otherwise entering into a contract with you; and
        • you must pay all amounts due to us under these Terms by the due date and in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
      • Whether you are a business customer or consumer, we may charge you additional sums by giving notice to you, if:
        • you do not provide us with the information we have requested including how we can access the Delivery Location for delivery of the Products. For example, we might need to re-deliver on another vehicle or with extra manpower;
        • our provision of the Products is delayed due to an act or omission on your part. In this instance, any outstanding balance of the Charges or deposit shall become payable by you, in additional to any storage, insurance or other costs, expenses or charges; or
        • we have to store the Products on your behalf.
      • If the rate of VAT changes between the date of your Order and the date we supply the Product, we will adjust the rate of VAT that you pay to reflect such changes, unless you have already paid in full before the change in the rate of VAT takes effect.
    • Consumer cancellation rights – This Clause 13 only applies to you if you are a consumer.
      • You have the right to change your mind and cancel your Order. You have 14 days from the delivery date to cancel your Order.
      • To cancel your Order, please email us at sales@earthbornpaints.co.uk or call us on +44(0)1928 734 171. You can also use the cancellation form available on our Website. To help us process your cancellation more quickly, please have your Order number to hand or include it in the email or on the cancellation form that you send to us.
    • Returning Products if you exercise your rights to cancel an Order under Clause 13 – This Clause 14 only applies to you if you are a consumer.
      • If you cancel your Order and you have already received the Products, you must return the Products to us within 14 days from the date you inform us that you want to cancel your Order. The deadline is met if you provide the Products to an established delivery service for return to us before this 14-day period has expired (even if we actually receive the Products after the expiry of this period).
      • You must send the Products back to us using an established delivery service which accepts carriage of paints – please contact us if you require a recommendation for a suitable delivery services. We strongly recommend that you get proof of postage. We may withhold the refund until we have received the Products back from you or until you have provided us with evidence that you have sent the Products back (whichever is earlier).
      • Products must be returned to us in a new, unopened and unused condition and, to the extent possible, in their original packaging. You may not return Products which are unsealed, as these could have been contaminated by dirt or dust. You must not handle the Products in any way you would not handle these in a shop (please see Clause 15.3.2 below for more information). You are responsible for the Products while they are in your possession.
      • Unless the Products are faulty or misdescribed (see Clause 16 below), you are responsible for the cost of returning these to us. We estimate the cost of return will be similar to the cost of delivery to you.
    • Refunds if you cancel your Order – This Clause 15 only applies to you if you are a consumer.
      • If you exercise your right to cancel an Order under Clause 13, we will provide you with a refund as soon as possible.
      • If you cancel an Order and have already received the Products, we will issue the refund no later than 14 days after the day we receive the Products back from you or, if earlier, you provide us with evidence that you have sent the Products back. Otherwise, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel.
      • Your refund will be subject to the following deductions:
        • if you chose a delivery option that is more expensive than the cost of standard delivery, we will only refund the cost of standard delivery; and
        • if you handled the Products in a way beyond what might reasonably be permitted in a shop and this resulted in a loss in value of the Products (for example, if you have opened the Products), we may make a deduction from the refund for such loss in value (which may be up to the full value of the Product).
      • We will issue your refund to the same payment method you used to pay for the Order.
    • Faulty Products – This Clause 16 only applies to you if you are a consumer.
      • Any Products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply Products that are in conformity with our Contract with you.
      • During the expected lifespan of any Products that you have purchased from us, if the Products are faulty, then you may be entitled to a full refund. This potential entitlement is in addition to your cancellation rights set out in Clause 13 above. For more detailed information on your rights, visit the Citizens Advice Website at citizensadvice.org.uk or call 0808 223 1133.
      • If there is a problem with any Products you have purchased from us, please contact us as soon as reasonably possible. To assist us in helping you, you should:
        • notify us by email at enquiries@earthbornpaints.co.uk as soon as possible;
        • provide us with detailed information as to the fault with the Product, such as clear photos, to enable us to examine the Products and investigate the fault;
        • allow us a reasonable period of time to investigate the fault; and
        • return the Product to us if directed to do so by us.
      • Faulty Products – This Clause 17 only applies to you if you are a business customer.
        • We warrant that any Products you purchase will, on delivery (as described in Clause 6):
          • conform in all material respects to their descriptions on the Website;
          • be free from material defects in design, material and workmanship; and
          • be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
        • Subject to you complying with your obligations under Clause 17.3, we will (at our option) repair or replace any Products that do not comply with Clause 17.1.
        • If there is a breach of Clause 17.1, you must:
          • notify us by email to enquiries@earthbornpaints.co.uk as soon as possible;
          • provide us with sufficient information as to the nature and extent of the defects, including photos, to enable us to reproduce the errors or investigate the defect;
          • give us a reasonable opportunity to examine the defective Products or otherwise investigate the defect; and
          • return the defective Products to us at your expense.
        • Clause 17.2 sets out your sole and exclusive remedy for any breach of Clause 17.1.
        • Except as set out in this Clause 17, we give no warranties and make no representations in relation to the Products and Services, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979 and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
      • Our liability to consumers – This Clause 18 only applies to you if you are a consumer.
        • If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
        • We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
        • We recommend that you check the colours of your paint Products are correct prior to use. While we can assist you where there has been an error with your Order, we are not responsible for your decorating costs where a paint Product has been applied in error by you or a third party.
        • Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
      • Our liability to business customers – This Clause 19 only applies to you if you are a business customer.
        • The following terms set out our entire liability (including any liability for the acts and omissions of our employees, agents, representatives and sub-contractors) in respect of:
          • any breach of our contractual obligations arising under or in connection with the Contract;
          • any use made by you of the Products, any misrepresentation, misstatement or tortious act or omission including negligence but excluding any of the same made fraudulently arising under or in connection with these terms; or
          • any other provision of these Terms and/or the Contract.

(a Liability Event).

• Notwithstanding anything to contrary in these terms, nothing in the Contract will limit or exclude our liability for:
  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; or
  • any other losses which cannot be excluded or limited by law.
• Subject to Clause 2, our total liability in respect of all Liability Events shall be limited to 100% of the Charges paid for the Products under the Contract.
• Subject to Clause 2, we shall not be liable to you in respect of any Liability Events for any loss or damage which may be suffered by you (or any person claiming through or under you) whether the same are suffered directly or indirectly or are immediate or consequential and whether the same arise in contract tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
  • loss of profit;
  • loss of turnover;
  • loss of anticipated savings;
  • loss of goodwill and damage to reputation;
  • loss of business opportunity;
  • loss or corruption of data;
  • loss or corruption of software or systems;
  • loss or damage to equipment; or
  • any special, indirect or consequential loss;

provided that this Clause 19.4 shall not prevent claims for direct financial loss that are not excluded by Clauses 19.5.1 to 19.5.4 (inclusive)

• We shall not be liable for any damage or losses to the extent they arise result of or in connection with:
  • any failure by you to observe and perform your obligations under these Terms;
  • any unauthorised or incorrect access or use of the Products or use other than in accordance with these Terms or our instructions;
  • any modification or alteration of the Products by any party other than us; or
  • any actions taken by us at your direction.
• If a number of Liability Events give rise substantially to the same loss, then they shall be regarded as giving rise to only one claim under the Contract.
• We shall have no liability to you in respect of any Liability Event unless you serve notice of the same upon us within 3 months of the date you become aware or ought to have become aware of the consequences of the Liability Event.

• Our rights to end the Contract
  • We can end the Contract and claim compensation due to us if:
    • you don’t make any payment to us when it is due and you still don’t make payment within 5 days of our reminding you that payment is due;
    • you don’t provide us with the information or cooperation which we need to fulfil your Order within a reasonable time of us asking for the same; or
    • you don’t allow us to deliver Products to you within a reasonable time.
  • We may also end all or part of the Contract if one of the circumstances in Clause 6 applies.
  • Where you are a business customer, we can end the Contract with immediate effect by written notice to you if:
    • you commit any material breach of any term of the Contract which is not capable of remedy;
    • you commit a material breach of any term of the Contract which is capable of remedy, and you fail to remedy the same within 30 days of a written notice from us giving particulars of the breach and requiring it to be remedied;
    • you make a proposal for a voluntary arrangement within Part I of the Insolvency Act 1986 or a proposal for any other composition, scheme or arrangement with (or assignment for the benefit of) its creditors generally or if you shall be unable to pay its debts as they fall due within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee, receiver, administrator, administrative receiver or similar officer is appointed in respect of all or any part of your business or assets or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of your business or for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction);
    • you (being an individual but not a consumer) are deemed either unable to pay your debts or having no reasonable prospect of doing so or are the subject of a bankruptcy petition or order;
    • you cease to carry on your business or substantially the whole of your business or threaten to do any of the same;
    • if any event analogous to that set out in Clauses 3.3 and 20.3.4 occurs in any jurisdiction in which you are incorporated or resident or carry on your business; or
    • you undergo a Change of Control.
  • Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on our Website, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

• Complaints

If you are unhappy with us or the Products or Services we have provided to you, please contact us at: enquiries@earthbornpaints.co.uk.

• General
  • Events outside our control. We shall not be deemed to be in breach of the Contract or otherwise liable to you in any manner whatsoever for any failure or delay in performing our obligations under the Contract due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
  • If you are a business customer, except as expressly set out in these Terms, all warranties, conditions terms and undertakings, express or implied, statutory or otherwise are excluded to the fullest extent permitted by law.
  • You are not allowed to assign, change or otherwise transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
  • Third Party rights. The Contract is between you and us. No other person shall have any rights to enforce any terms of the Contract and the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provisions of the Contract.
  • Waiver.  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 of these Terms, this 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.
  • If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
  • If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
  • If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your Order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.
• • If we are providing notice to you, we shall send such notice to the email address you provide to us. You can provide notice in connection with the Contract to us by email to: sales@earthbornpaints.co.uk.
  • Any notice shall be deemed to have been received the next working day.
  • This Clause 24 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
• Governing law and jurisdiction
  • If you are a consumer, English law applies to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK or other jurisdiction in which you live.
  • If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law. You and we both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).

Website Terms of Use

• These terms and what they cover
  • These terms of use (the Terms) tell you the rules for using our Website, https://earthbornpaints.co.uk (our Website).
  • By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website.
  • We recommend that you save a copy of these Terms for future reference.
• Who we are and how to contact us
  • Our Website is operated by Gordon Products Limited, trading as Earthborn (we, us, our). We are a private limited company registered in England and Wales under company number 2401214 and have our registered office at 100 Main Street, Frodsham, Cheshire WA6 7AR.
  • To contact us, please do so in writing:
    • by e-mail to: enquiries@earthbornpaints.co.uk;
    • by using the “Contact Us” submission form which can be found on our Website; or
    • by post to: Earthborn, Frodsham Business Centre, Bridge Lane, Frodsham WA6 7FZ.
  • Other terms that may apply to you
    • These Terms refer to the following additional terms, which will also apply to your use of our Website:
      • our Privacy Policy which sets out details of how we collect, use and look after your personal data when you visit and use our Website;
      • our Cookies Policy, which sets out information about the cookies on our Website; and
      • our Terms and Conditions for the Sale of Goods.
    • These additional terms can be found on our Website.
  • We may make changes to these Terms and our Website
    • We may amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time.
    • We may also update and change our Website from time to time to reflect changes to the products listed on our Website, the needs of our customers and users of our Website and to our business priorities.
  • Use of our Website
    • We do not guarantee that our Website (or any content on it), will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension, withdrawal or restriction.
    • You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
    • Our Website is directed to people residing in the United Kingdom. The content available on or through our Website may not be appropriate for use or available in other locations.
  • How you may use material on our Website
    • We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
    • 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 content on our Website must always be acknowledged.
    • You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
    • If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • Do not rely on information on this Website
    • The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
    • Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
  • We are not responsible for websites we link to
    • Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
    • We have no control over the content of those Websites or resources.
  • Our responsibility for loss or damage suffered by you
    • Whether you are a consumer or a business user:
      • 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 and for fraud or fraudulent misrepresentation.
      • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out in our Terms and Conditions for the Sale of Goods.
    • If you are a business user:
      • We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it to the extent permitted by law.
      • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our Website; or
    • use of or reliance on any content displayed on our Website.
      • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.
      • Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • Acceptable Use
      • You may use our Website only for lawful purposes. 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 any person in any way;
        • to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, hateful, inflammatory, promotes violence of discrimination on any grounds, infringes any intellectual property rights, promotes illegal activity or is likely to harass, upset, embarrass, alarm or annoy any other person or is otherwise illegal;
        • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
        • to knowingly transmit any data or 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 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 and/or any equipment or network or software owned or used by any third party.
    • Viruses
      • We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
      • You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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.
    • Rules about linking to our Website
      • You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
      • You must not establish a link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
      • You must not establish a link to our Website in any website that is not owned by you.
      • Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
      • We reserve the right to withdraw linking permission without notice.
      • The website in which you are linking must comply in all respects with the Acceptable Use standards set out above.
      • If you wish to link to or make any use of content on our Website other than that set out above, please contact us.
    • Which country’s laws apply to any disputes?
      • If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
      • If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

These Terms were last updated in April 2025.