1.1 “Customer” the person purchasing any goods from Rainbow Office Supplies.
1.2 “Rainbow Office Supplies” means Rainbow Office Supplies Limited also referred to as “we” or “us” or the “seller” in these terms and conditions.
1.3 “Site” means the rainbowoffice.co.uk/rainbowofficesupplies.com website.
1.4 “Force Majeure” means any cause affecting the performance by Rainbow Office Supplies of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
1.5 “Normal Working Hours” means 9 am to 6 pm on a Working Day.
1.6 “Working Days” means Monday to Friday, excluding Bank or other Public Holidays.
2.1 Welcome to the Rainbow Office Supplies website (site) Terms and Conditions for use. These Terms and Conditions apply to the use of this site at rainbowoffice.co.uk and rainbowofficesupplies.com. By accessing this site and/or placing an order, you agree to be bound by these Terms and Conditions.
2.2 Using this site indicates that you accept these Terms regardless of whether or not you choose to register with us or order from us. If you do not accept these Terms, do not us this site.
3. Company Information
3.1 The rainbowoffice.co.uk and rainbowofficesupplies.com websites are operated by:
Rainbow Office Supplies Limited,
A company registered in England and Wales, whose registered office is at:
47 Leesons Hill,
3.2 Company registration number is:
3.3 VAT registration number is:
GB 586 7582 76
3.4 Contact details are as follows:
(a) 47 Leesons Hill,
(b) Email us: email@example.com
(c) Telephone number: 01689 897 999
(d) Fax number: 01689 898 111
4.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
4.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
5. Site Contents
5.1 The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Rainbow Office Supplies, its parent company (“Rainbow Office Supplies Limited”), or are the property of their respective owners. The name rainbowoffice.co.uk and rainbowofficesupplies.com and the Rainbow Office Supplies logo are registered trademarks of Rainbow Office Supplies Limited.
5.2 Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
(a) Placing an order with Rainbow Office Supplies or
(b) Using this Site as a shopping resource provided you do not modify the Site and that you retain all copyright and other proprietary notices contained in the Contents.
5.3 Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of the Seller or the applicable copyright owner.
5.4 Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of the Seller, is strictly prohibited.
6.1 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom the Seller is dealing. Cancellation of orders by customers is not accepted as many orders are despatched on the same day the order is placed.
6.2 You are deemed to place an order with us by ordering via our online store, fax or telephone or in writing. As part of our online checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement.
6.3 Our acceptance of an order takes place when we despatch the order. When we have despatched the order the purchase contract will be made, unless we have notified you that we do not accept your order or you have cancelled your order.
6.4 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
6.5 You undertake that:
(a) all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
(b) the credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
6.6 Payment is due on despatch unless a Customer has been approved for credit. The Seller’s standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed in writing
6.7 Payment may be made by cash, cheque, Visa, MasterCard, Maestro or BACs.
6.8 Title in the goods shall not pass to the Customer until all sums due from the customer to the Seller on any account have been paid.
6.9 If all sums due from the customer are not paid on the due date the seller shall be entitled to:
(a) cancel the contract or suspend any further deliveries to the buyer; and
(b) charge the Customer interest (both before and after any judgment) on the sums unpaid, at a rate of 7 (seven) percent per annum above the current Bank of England base interest rate, until all sums due are received.
7.1 The Seller supplies products to Customers in the UK & Northern Ireland.
7.2 All goods are sold at prices ruling at the date of despatch and may vary at the Seller’s discretion from those originally quoted or shown in the Seller’s current price list or any brochure or advertising material.
7.3 The prices advertised on this Site exclude VAT. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
7.4 Prices and the availability of items are subject to change without notice. Any “list prices” used on this Site relate to the manufacturers’ suggested selling prices and may not be indicative of the actual selling prices at any specific time.
7.5 Where we charge separately for packing, carriage, insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure available on request.
8.1 The Seller shall use reasonable endeavors to despatch goods by the date agreed with the Customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the Customer and advise of them delay.
8.2 If the Seller is unable to deliver the goods within 5 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to the Seller in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to the Seller after the above date but before delivery of the goods or notification from the Seller that the goods are ready for delivery.
8.3 The Seller does not accept liability for shortages or damage to deliveries unless the Customer notifies the Seller of the shortage or damage in writing within 48 hours of receipt of the delivery.
8.4 Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
8.5 Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
8.6 If the Customer cannot accept delivery, the Seller may at its option:
(a) re-sell the goods at the best price reasonably obtainable and pay to the Customer any excess over the sale price or charge the Customer for any shortfall or
(b) re-arrange delivery provided that the Seller may charge the Customer for the additional delivery costs incurred.
8.7 You undertake that upon delivery of the goods: the Seller shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
(a) The Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt.
(b) It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note.
(c) Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery.
(d) The Seller shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
9. Warranties and Returns
The Seller is committed to providing our Customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
9.1 Unless otherwise stated in the manufacturer’s documentation, all goods delivered to a UK mainland address carry a specified manufacturer’s warranty.
9.2 The Seller does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. The Seller can only return or repair Goods where they prove to be defective and the Goods are returned for repair or replacement.
9.3 In the event that the Seller, at its discretion, agrees to accept the return for credit of unwanted products, the goods must be returned with the Seller prior written agreement within 14 days of delivery. The goods must be unopened, with the manufacturers seals intact and in perfect re-saleable condition All goods returned in these circumstances will be at the Seller’s discretion and be subject to a 25% re-stocking fee of the Seller’s sale price for the goods. Please ensure that the product(s) you have purchased are to your specification prior to breaking the manufacturers seals. This will avoid disappointment and the product(s) being rejected should you wish to return them.
9.4 No contract shall be cancelled once accepted by the Seller nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
9.5 a) The Seller’s Customer Service staff will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to the address provided to you by our Customer Service staff.
b) The Seller offers a “no charge” collection, repair and delivery service (on the UK mainland only) for goods which are shown to be faulty provided that the fault is reported within 14 days of delivery. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
c) A Goods Returns Authorisation Number must be obtained from the Seller for each and every return so that we are able to administratively process your return: otherwise we have no means of identifying the Goods being returned. This may result in difficulties in returning monies. The Authorisation Number must be clearly shown on each parcel returned, and must be in the original manufacturer’s packaging (which shall not be defaced) complete with accessories, manuals and documentation. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
d) The Seller cannot accept liability for packages damaged during transit. It is the Customer’s responsibility to wrap the product adequately to prevent damage.
e) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
f) On receipt of the returned product, if following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.
g) Unless otherwise stated in the manufacturer’s documentation, all goods delivered to a UK mainland address carry a specified manufacturer’s warranty. Customers who wish to make a warranty claim must comply with the manufacturer’s instructions and warranty procedure. In order to resolve your problem as quickly as possible, we will refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
h) This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer’s instructions.
10.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this Site, any websites linked to this Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any websites linked to this Site.
10.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
10.3 If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Site, or the use by any other person using your registration details.
11. Health and Safety
11.1 The Seller confirms that the goods it supplies as a distributor do not present a hazard to health and safety:
(a) when properly used for the purpose for which they are designed, and
(b) if the Customer takes reasonable and normal precautions in their use.
12. Force Majeure
12.1 The Seller shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the Seller obligations in respect of the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Rainbow Office Supplies’s reasonable control:
(a) act of God, explosion, flood, tempest, fire or accident;
(b) war, threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(d) import or export regulations or embargoes;
(e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
(f) difficulty in obtaining materials, labour or machinery; and
(g) power failure or breakdown in machinery.
12.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.
13. Terms and Conditions Revisions
13.1 The Seller may revise these Terms and Conditions by updating this posting. You agree that in the event that any portion of these Site Terms and Conditions are found to be unenforceable, the remainder of these Site Terms and Conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.
14.1 While we endeavor to ensure that the information on this Site is correct, we do not warrant the accuracy and completeness of the material on this Site. We may make changes to the material on this Site, or to the products and prices described in it, at any time without notice. The material on this Site may be out of date, and we make no commitment to update such material.
14.2 The material on this Site is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Site on the basis that 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 but for these terms and conditions might have effect in relation to this Site.
15. Service Access
15.1 While we endeavor to ensure that this Site is normally available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period.
15.2 Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
16. Visitor Materials and Conduct
16.2 You are prohibited from posting or transmitting to or from this Website any material: (a) 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;
(b) for which you have not obtained all necessary licenses and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
16.3 You may not misuse the Site (including, without limitation, by hacking).
16.4 We will 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 in breach of clauses 16.2 or 16.3.
17. Links to and from other Websites
17.1 Links to third party websites on this Site are provided solely for your convenience. If you use these links, you leave this Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.
17.2 If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Rainbow Office Supplies logo;
(b) you do not create a frame or any other browser or border environment around this Site;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Rainbow Office Supplies trade marks displayed on this Site without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
17.3 We expressly reserve the right to revoke the right granted in this clause 17.2 for breach of these terms and to take any action we deem appropriate.
17.4 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 17.2.
18.1 To register with Rainbow Office Supplies you must be over eighteen years of age.
18.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
18.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
18.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
19. Governing Law and Jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
19.2 We do not warrant that materials/items for sale on the Site are appropriate or available for use outside the United Kingdom. It is prohibited to access the Site from territories where its contents are illegal or unlawful. If you access this Site from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
20.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
20.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
20.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.