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    Your attention is drawn in particular to the provisions of condition 9.

    By placing an order with ColArt Fine Art & Graphics Limited (“us”, “we” or “our”), whether through our sales representatives, in writing, by telephone, email or otherwise, for any goods promoted for sale by us, you (being the person or firm who purchases goods from us) agree to contract with us in accordance with the following terms and conditions of sale to the exclusion of all other terms and conditions that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

    1. Ordering
    1.1 You are responsible for ensuring that each order you place is complete and accurate. Each order is an offer by you to purchase goods in accordance with these terms and conditions.
    1.2 If you have ordered from us before, we are entitled to assume that you are making the order in the same legal capacity as any previous order, unless you indicate otherwise in writing.
    1.3 We do not accept orders with a value (excluding VAT, handling and delivery costs) (“net value”) of less than £75. We make a handling charge of £15.00 (or such other amount as we shall determine) on all orders with a net value of up to £165. Orders with a net value greater than £165 will usually be delivered at no cost to you. We reserve the right to charge a handling fee on goods which have to be despatched separately, or for exceptionally heavy or bulky goods, or for deliveries to third parties or deliveries by train or air.
    1.4 Certain goods are subject to a minimum order quantity (as stated in our sales literature). Any order for such goods for less than the minimum order quantity and, accordingly, you acknowledge and agree that any such order shall be increased to the minimum order quantity.
    1.5 An order is only deemed to be accepted when we issue you with a written acknowledgement of your order, or on delivery of the goods (whichever is earlier) at which point and on which date the contract is formed. Once we have accepted your order, we shall supply you, subject to availability and condition 1.4 above, with the quantity and specification of goods set out in your order.
    1.6 The contract constitutes the entire agreement between you and us for the supply of goods, and you acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out below.

    2. Description of Goods
    2.1 All descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures (“descriptions”) are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They do not form part of the contract or have any contractual force.
    2.2 We reserve the right to make any changes in the descriptions necessary to comply with any applicable legal requirements or product specification changes.
    2.3 Certain important safety information is provided by us in relation to the goods (on the goods themselves and/or in our catalogues). You acknowledge that you are (or before using or supplying the goods will make yourself) aware of this information.

    3. Defective Goods
    3.1 We warrant that on delivery, the goods shall:
    (i) conform in all material respects with their description;
    (ii) be free from material defects in design, material and workmanship;
    (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
    (iv) be fit for any purpose held out by us.
    3.2 Subject to condition 3.3, if:
    (i) you give us notice in writing within three days of discovery that some or all of the goods do not comply with the warranty set out in condition 3.1;
    (ii) we are given a reasonable opportunity of examining such goods; and (iii) you (if asked to do so by us) return such goods to our place of business at our cost, we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
    3.3 We shall not be liable for goods’ failure to comply with the warranty set out in condition 3.1
    in any of the following events:
    (i) you make any further use of such goods after giving notice in accordance with
    condition 3.2;
    (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the goods or (if there are none) good trade practice regarding the same;
    (iii) you alter or repair such goods without our written consent;
    (iv) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
    (v) the goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
    3.4 Except as provided in this condition 3, we shall have no liability to you in respect of the goods’ failure to comply with the warranty set out in condition 3.1.
    3.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract.
    3.6 These terms and conditions shall apply to any repaired or replacement goods supplied by us.
    3.7 Any returned goods will belong to us.
    3.8 We accept returned goods only in the circumstances set out above. If you return goods to us other than in those circumstances, we reserve the right to refuse such return or to make (in which case you shall pay us) an administration charge of 20% of the price paid for the goods returned.

    4. Prices
    4.1 The price of the goods shall be the price listed on our price list current on the date of despatch of your order, exclusive of VAT, handling and any delivery costs which are payable in addition by you.
    4.2 Any discounts offered by us on our published price lists are made at our discretion and will be revoked in the event of any delay in payment.

    5. Payment
    5.1 Payment of the price for the goods is due in accordance with the credit terms we have previously agreed with you in writing or, where there is no such agreement, within 30 days of the date of our invoice. Time for payment shall be of the essence.
    5.2 You shall make all payments due under the contract without any deduction whatsoever unless you are entitled to a discount under condition 5.3 or have a valid court order requiring an amount equal to such deduction to be paid by us to you.
    5.3 Where you are entitled to a discount you may deduct from the payment due, unless any previous invoice is overdue or we have extended credit facilities to you in which case no such discount shall apply.
    5.4 No payment shall be taken to have been received until we have received cleared funds. Where we have to re-present any cheque received from you, you shall pay us an administration fee of £10 (or such other amount as we shall determine) in addition to the sum due.
    5.5 If you fail to pay us any sum due pursuant to the contract:
    5.5.1 interest shall be payable on the overdue amount at:
    (a) the annual rate of 4% above the base lending rate from time to time of HSBC plc; accruing on a daily basis until payment is made, whether before or after any
    judgment; or, at our election,
    (b) the rate in force under the Late Payment of Commercial Debt (Interest) Act 1998 and, in any event, interest shall be payable at the elected rate both before and after any judgment is made against you until the date on which payment in cleared funds is received in full, including all accrued interest;
    5.5.2 we reserve the right to stop the credit facility and withhold deliveries of goods until payment is received; and/or
    5.5.3 we reserve the right to take legal action to recover the amount owed and, in such circumstances, you will be additionally liable for the costs incurred by us in collecting the debt (which may include an additional administrative fee of up to £200).
    5.6 We reserve the right to make an administration charge for copy invoices.
    5.7 We reserve the right to report any non-payment or late payment by you to credit reference agencies.

    6. Delivery
    6.1 We shall send goods to the delivery address (specified by you at the time of ordering)either:
    (a) by post, in which case delivery shall be completed when the goods are posted; or,
    (b) by carrier, in which case delivery of the goods shall be completed when the goods are delivered in accordance with:
    (i) FCA Incoterms 2010 from our premises; or (ii) the relevant rule of Incoterms 2010 we have previously agreed in writing with you.
    6.2 Any times/dates specified by us for delivery are approximate only and the time of delivery is not of the essence. We shall not be liable for any direct, indirect or consequential loss (including without limitation, financial loss such as loss of profit) or otherwise caused by any delay in delivery of the goods howsoever caused. If no time for delivery is specified, we shall deliver the goods to you within a reasonable time.
    6.3 If for any reason you refuse to accept delivery of any goods when they are ready for delivery, or we are unable to deliver the goods on time because you have not provided appropriate instructions, documents, licences or authorisations:
    6.3.1 the goods will be taken to have been delivered at 9:00am on the third business day after the day you were notified that they were ready for delivery; and
    6.3.2 we shall store the goods until delivery and charge you for all related costs and expenses (including, without limitation, storage and insurance).
    6.4 Unless otherwise agreed by us, where particular goods are packaged in a given quantity by the manufacturer and you order a smaller quantity, you shall not be entitled to object to or reject the goods or any of them by reason of the surplus and shall pay for such goods pro rata.
    6.5 If you have not taken delivery of the goods ten business days after the day you were notified that they were ready for delivery, we may resell or otherwise dispose of part or all of the goods.

    7. Non-Delivery
    7.1 The quantity of any consignment of goods recorded by us upon despatch from our premises shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
    7.2 We shall not be liable for any non-delivery of goods unless written notice is given to us within fourteen days of the date when the goods would in the ordinary course of events have been received.
    7.3 Our liability for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note against any invoice raised for such goods.

    8. Risk/Title
    8.1 Risk of damage to or loss of the goods shall pass to you at the time of delivery.
    8.2 Subject to condition 8.4, ownership of the goods shall not pass to you until we have received payment in full of all monies owed by you to us.
    8.3 Until ownership of the goods passes to you, you shall hold the goods on the following terms:
    8.3.1 the goods shall be stored separately from other goods held by you and shall be clearly identifiable as our property;
    8.3.2 the goods shall not be mixed with other goods or altered in any way;
    8.3.3 the goods shall be adequately stored and maintained in a satisfactory condition; and
    8.3.4 the goods shall be insured for an amount at least equal to their purchase price and any proceeds of the insurance policy shall be held on trust for us, and you shall account to us for the proceeds accordingly and shall make good any shortfall in the amount due to us.
    8.4 You may resell (but may not deal in any other way with) the goods to a third party and pass good title to that third party on the following terms:
    8.4.1 the sale is in the ordinary course of your business;
    8.4.2 you hold the proceeds of any resale on trust for us; and
    8.4.5 you shall account to us for the proceeds accordingly and shall make good any shortfall in the amount due us.
    8.5 You shall lose your rights to possession and resale of the goods if:
    8.5.1 you become subject to or suffer any of the events described in conditions 10.2.1 to 10.2.4 inclusive: or
    8.5.2 the contract terminates and you do not pay all outstanding amounts under this agreement within 30 days; or
    8.5.3 you suffer any legal or equitable execution to be levied on your property, and, in any of the above such circumstances, we may at any time:
    (i) require you to deliver up all goods to which you do not have title; and
    (ii) if you fail to do so promptly, enter any of your premises or those of any third party where the relevant goods are stored in order to recover them.
    8.6 You grant us, our agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored in order to ascertain whether any goods are stored there and to inspect, count and recover them.
    8.7 You shall, at our request, register any necessary charge over money or goods and take such other steps as are necessary to give effect to this condition 8.

    9. Limitation of Liability
    9.1 Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979; defective products under the Consumer Protection Act 1987; or, any matter in respect of which it would be unlawful for us to exclude
    or restrict liability under the contract.
    9.2 Subject to condition 9.1, we shall under no circumstances whatever be liable to you for any loss of actual or anticipated profit, economic loss or damage, loss of revenue, interest, anticipated savings or business or damage to goodwill or any indirect or consequential loss arising under or in connection with the contract.
    9.3 Our total liability, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, to you in respect of all other losses arising under or in connection with the contract, shall in no circumstances exceed the amount required to make up any shortfall, replacement, or refund of the price of the goods you purchased.

    10. Termination
    10.1 If you become subject to any of the events listed in condition 10.2, we may terminate the contract with immediate effect by giving written notice to you.
    10.2 For the purposes of condition 10.1, the relevant events are:
    10.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory
    provision for the time being into force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency; or
    10.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under the contract or any other agreement between us, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade;
    10.2.3 any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in condition 10.2.1 or condition 10.2.2;
    10.2.4 you encumber or in any way charge any of the goods;
    10.2.5 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
    10.2.6 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy; or
    10.2.7 there is a material change in your management, ownership or control.
    10.3 Without limiting our other rights, we may suspend supply of the goods under the contract or any other contract between us if you become subject to any of the events listed in condition 10.2, or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under the contract on the due date for payment.
    10.4 On termination of the contract for any reason, you shall immediately pay us all of our outstanding unpaid invoices and interest.
    10.5 Termination of the contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.
    10.6 Conditions which expressly or by implication survive termination of the contract shall continue in full force and effect.

    11. Data Protection
    11.1 For the purposes of this condition 11, data controller, personal data, process and processing shall bear the meanings given in section 1(1) of the Data Protection Act 1998 (DPA),
    11.2 By sending us correspondence or by otherwise providing us with any personal data you consent to our processing that personal data for the purposes of processing your order and sending our current sales literature and price lists to you. You consent to us disclosing your personal data to third parties and to the transfer of such data outside the European Economic Area for the purposes of such processing.
    11.3 We will process your personal data in accordance with the DPA.

    12. Resale Outside the European Single Market
    12.1 This condition 12 shall apply if you have asked us to supply goods to you in the EEA and/or Switzerland (together, the European Single Market).
    12.2 You shall not resell the goods to third parties outside the European Single Market.
    12.3 You acknowledge that resale rights in respect of the goods outside the European Single Market may be reserved and allocated to us, a company within our group of companies or a third party.
    12.4 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of condition 12.2 by you.

    13. Import and Export
    13.1 You are responsible for obtaining, at your own cost, such import licences and other consents in relation to the goods as are required from time to time and, if required by us, you shall make those licences and consents available to us prior to the relevant shipment.
    13.2 You shall acquaint yourself and comply with all applicable requirements and restrictions imposed by law or by governmental and other authorities or corporations relating to the possession, use, import, export, or resale of the goods. You shall ensure no goods are exported or imported in violation of the laws of any jurisdiction into or through which they are transported during the course of reaching you. Where necessary, you shall inform us at a reasonable time before delivery of any documents which it is necessary for us to provide in order to allow export of the goods in compliance with the laws of any relevant jurisdiction.

    14. General
    14.1 Neither you nor we intend that any term of the contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
    14.2 In the event that any provision (including any distinct sub-provision) of the contract is held to be illegal, invalid, void or unenforceable, it shall be severed from the remaining provisions of the contract which shall continue in full force and effect. If any provision or part-provision of the contract is invalid, illegal or unenforceable, you and we shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.”
    14.3 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights or obligations under the contract. You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with all or any of your rights or obligations under the contract without our prior written consent.
    14.4 The contract shall be governed by and construed in accordance with the laws of England and you and we agree to submit to the non-exclusive jurisdiction of the English courts. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods shall not apply to the contract. The international rules for the interpretation of trade terms prepared by the International Chamber of Commerce (Incoterms) shall apply but where they conflict with the contract, the contract shall prevail.

    ColArt Fine Art & Graphics Limited is a company registered in England and Wales under number 16193 whose registered office is at The Studio Building, 21 Evesham Street, London, W11 4AJ. VAT Reg. No: 541 3941 55. We updated these terms and conditions on 6/12/16.

     

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