This website is operated by Touchup XS LLC.
As user of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions below.
Please read through these terms and conditions carefully before using this website
GENERAL
We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
ORDER PROCESS
Please see the Delivery information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from TouchupXS LLC..
Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact Us.
DELIVERY
This website is for delivery of products to customers in the USA only.
Estimated timescales are specified in the delivery information section and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. TouchupXS LLC. shall be under no liability for any delay or failure to deliver the products within estimated timescales.
Delivery charges are shown on each order page before checkout. All the charges are calculated based on the real time price by the total weight of the products in each single order.
Risk of loss and damage of products passes to you on the date when the products are delivered to you or are left with a person or place nominated by you.
PAYMENT
We take payment from your PayPal account at the time we receive your order, once we have checked your PayPal details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made through Paypal can be found at www.paypal.com (this link will open in a new window). (QT is not responsible for the content of external websites.)
a) Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being dispatched). We will provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund.
b) If you order a product and the price changes (due to normal fluctuations e.g. goods going into or coming out of promotion) before you collect the item, you may request to pay the lowest of the price on order. This will also apply if your reserved order is extended but not if the reserved order collection window has expired. Proof of reservation would include:
- Order Number
- Text/SMS message/email showing order number
If, in our opinion, any person or persons, whether acting on behalf of themselves or a business, engages in practices that call into question the fair use of the ordering system, we reserve the right to cancel orders and / or to restrict / block access to the ordering system for that person or persons.
Examples of such activity may include placing significant numbers of reservations where the goods are not subsequently paid, placing significant numbers of orders for the same product without them being subsequently paid and the selling of order confirmations. This list is not exhaustive.
Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
All prices are shown in US Dollar including Free delivery charges, unless expressly stated otherwise.
RETURNS, CANCELLATIONS AND SUBSTITUTIONS
We offer a color warranty on the paint products we sell. This is subject to normal manufacturing constraints and excludes and willful damage or neglect to the product. Should any of our products fail to perform to our normal standards of manufacture, you can return the item to us for replacement free of charge, you simply have to pay for delivery back to us. This guarantee is for all materials on the products.
Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. We will confirm such action with you prior to dispatch your order. If you are not happy with the replacement or substitute you can return it to us and cancel the order.
However we do not allow cancellation of order(s) for original selected product(s) you have ordered after it has been dispatched by our appointed forwarders, shipping agents and so forth.
All sizes, weights and measurements are being checked and we do try to make sure that they are as accurate as possible.
INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
LIABILITY AND INDEMNITY
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
TouchupXS LLC. will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. TouchupXS LLC will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and TouchupXS LLC accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
TouchupXS LLC will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- Economic losses (including without limitation loss of revenues, data, profits, contracts, business or
- anticipated savings); or
- Loss of goodwill or reputation; or
- Special or indirect losses
- Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
We will take all reasonable precautions to keep the details of your order secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
MISCELLANEOUS PROVISIONS
TouchupXS LLC. shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by TouchupXS LLC..
TouchupXS LLC. reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and TouchupXS LLC. relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and TouchupXS LLC. for your use of this website.