TERMS AND CONDITIONS
Business to Business customers
Business to Business customers
This agreement applies as between you, the User of this Website or Purchaser and First Light Direct, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
- Definitions and Interpretation
|“Account”||means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;|
|“Carrier”||means any third party responsible for transporting purchased Goods from our Premises to customers;|
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;|
|“Goods”||means any products that First Light Direct advertises and / or makes available for sale through this Website;|
|“FIRST LIGHT DIRECT”||means JAG Procurement Limited – The Light House, 4 Holmes Cottages, Pebblehill Road, Betchworth, Surrey,
|“Service”||means collectively any online facilities, tools, services or information that First Light Direct makes available through the Website either now or in the future;|
|“Payment Information”||means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;|
|“Purchaser”||means any person or business that buys Goods from First Light Direct from this Website;|
|“Purchase Information”||means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;|
|“Premises”||Means our place(s) of business located at The Light House, 4 Holmes Cottages, Pebblehill Road, Betchworth, Surrey, RH3 7BP;|
|“System”||means any online communications infrastructure that First Light Direct makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Website and is not employed by First Light Direct and acting in the course of their employment; and|
|“Website”||means the website that you are currently using www.firstlightdirect.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.|
- Business Customers
- International Customers
- Intellectual Property
- Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of First Light Direct, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by First Light Direct.
- Third Party Intellectual Property
- Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
- Fair Use of Intellectual Property
- Links to Other Websites
- Links to this Website
- When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
- obscene or vulgar language must not be used;
- Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- Content that is intended to promote or incite violence must not be submitted;
- it is advised that submissions are made using the English (UK) language as we may be unable to respond to enquiries submitted in any other languages;
- the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
- Users must not impersonate other people, particularly employees and representatives of First Light Direct or our affiliates; and
- our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
- You acknowledge that First Light Direct reserves the right to monitor any and all communications made to us or using our System.
- You acknowledge that First Light Direct may retain copies of any and all communications made to us or using our System.
- You acknowledge that any information you send to us through our System or post on the forums or chat rooms may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
- In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
- all information you submit is accurate and truthful;
- if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
- you will keep this information accurate and up-to-date.
- In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
- It is recommended that you do not share your Account details, particularly your username and password. First Light Direct accepts no liability for any losses or damage incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another without consent, you should contact First Light Direct immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, First Light Direct accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
- When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
- Termination and Cancellation
- Either First Light Direct or a User may terminate an Account. If First Light Direct terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
- If First Light Direct terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
- First Light Direct reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
- If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
- If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
- Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and First Light Direct.
- Interest will be charged on a daily basis, commercial interest at 7.5% above the base rate of the Bank of England obtaining at the time.
- Goods, Pricing and Availability
- Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from First Light Direct correspond to the actual Goods, First Light Direct is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.
- Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
First Light Direct does not represent or warrant that such Goods will be available. Stock indications are not generally provided on the Website however is they are quoted these stock figures may not take into account orders placed by others whilst you are on our site.
- All pricing information on the Website is correct at the time of going online. First Light Direct reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every at least every month.
- In the event that prices are changed during the period between an order being placed for Goods and First Light Direct processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
- All prices on the Website don not include VAT. First Light Direct’s VAT number is 92 9404 316.
- Property, Risk and Account of Profits
- Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by First Light Direct. Title remains with First Light Direct until payment is complete.
- If the Purchaser sells the Goods on to its own customers in any form, either as purchased from First Light Direct or forming a component part of a larger Good, and any amount of the purchase price payable to First Light Direct remains outstanding, the Purchaser must account to First Light Direct for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for First Light Direct until payment has been received in full by First Light Direct.
- First Light Direct reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, First Light Direct has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 14.1, remain the property of First Light Direct.
- First Light Direct will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
- If First Light Direct receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
- Returns Policy
- If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 working days to arrange collection and return. First Light Direct Is Not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
- If any Goods purchased have faults when they are delivered, the Purchaser should contact First Light Direct within 28 working days to arrange collection and return. First Light Direct is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
- If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
- If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to First Light Direct within 10 working days and arrange collection and return. First Light Direct Is Not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
- If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to First Light Direct within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of First Light Direct. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
- If the Purchaser wishes to return Goods to First Light Direct for any of the above reasons, please contact us using the details on our contact page to make the appropriate arrangements.
- First Light Direct reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- Any use or enjoyment that you may have already had out of the Goods;
- Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
- The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
- Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
- First Light Direct makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- No part of this Website is intended to constitute a contractual offer capable of acceptance.
- Whilst First Light Direct uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
- Changes to the Service and these Terms and Conditions
- Availability of the Website
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- First Light Direct accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
- To the maximum extent permitted by law, First Light Direct accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
- Nothing in these Terms and Conditions excludes or restricts First Light Direct’s liability for death or personal injury resulting from any negligence or fraud on the part of First Light Direct.
- Nothing in these Terms and Conditions excludes or restricts First Light Direct’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
- Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
- Previous Terms and Conditions
- Third Party Rights
- All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- First Light Direct may from time to time send you information about our products and/or services. If you do not wish to receive such information, please link in any email which you receive from us.
- Law and Jurisdiction
These Terms and Conditions and the relationship between you and First Light Direct shall be governed by and construed in accordance with the Law of England and Wales and First Light Direct and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
TERMS AND CONDITIONS
Business to Consumer Customers
These Terms and Conditions are the standard terms for the sale of goods via our websites or telesales by JAG Procurement Limited, (trading as First Light Direct) The Light House, 4 Holmes Cottages, Pebblehill Road, Betchworth, Surrey RH3 7BP, trading as First Light Direct, a Partnership registered in England,whose registered address is The Light House, 4 Holmes Cottages, Pebblehill Road, Betchworth, Surrey RH3 7BP and whose main trading address is The Light House, 4 Holmes Cottages, Pebblehill Road, Betchworth, Surrey RH3 7BP.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Business Day”||means any day other than Saturday or Sunday or bank holiday;|
|“Calendar Day”||means any day of the year;|
|“Chosen Carrier”||means a courier or mail service, whom We shall use to dispatch the Goods to you;|
|“Contract”||means the contract for the purchase and sale of Goods, as explained in Clause 3;|
|“Goods”||means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);|
|“Month”||means a calendar month;|
|“Order”||means your order for the Goods, made via our websites or telephone sales;|
|“Order Confirmation”||means Our acceptance and confirmation of your Order as described in Clause 3;|
|“Pre-Contract Information”||means information about First Light Direct, the Goods, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 some of which will be provided on our websites or by telephone, and all of which will be made available to you via our websites;|
|“Premium Delivery”||means Our premium delivery option(s), available for an additional charge over Standard Delivery as set out in sub-Clause 6.6.2;|
|“Price”||means the price payable for the Goods;|
|“Returns Address”||means the address given as The Light House, 4 Holmes Cottages, Pebblehill Road, Betchworth, Surrey RH3 7BP;|
|“Special Price”||means a special offer price payable for the Goods;|
|“Standard Delivery”||means Our standard delivery method, and|
|“We/Us/Our”||means First Light Direct, trading as First Light Direct, a Partnership registered in England,whose registered address is The Light House, 4 Holmes Cottages, Pebblehill Road, Betchworth, Surrey RH3 7BP and] whose main trading address is The Light House, 4 Holmes Cottages, Pebblehill Road, Betchworth, Surrey RH3 7BP.|
- Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, fax or other means.
- Information About Us
- First Light Direct, trading as First Light Direct, is a Partnership registered in England, whose registered address is The Light House, 4 Holmes Cottages, Pebblehill Road, Betchworth, Surrey RH3 7BP and] whose main trading address is The Light House, 4 Holmes Cottages, Pebblehill Road, Betchworth, Surrey RH3 7BP.
- Our VAT number is 929.4043.16
- We are a member of Lighting Industry Association.
- The Contract
- These Terms and Conditions govern the sale of goods by Us, via our websites and will form the basis of the Contract between Us and you. Before submitting your Order you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully.
- Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
- A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email.
- Description and Specification of Goods
- We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our salespeople. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process AND/OR differences in the colour reproduction of electronic displays. Nothing, however, excludes Our liability for mistakes due to negligence on Our part.
- We are required by law to supply Goods that conform to the Contract. If you receive any Goods that do not conform to the Contract, please refer to Clause 8.
- If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to Us as provided in Clause 8. If as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
- We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
- All Orders for Goods made by you via our websites or telephone sales will be subject to these Terms and Conditions.
- You may change your Order at any time before We dispatch the Goods by contacting Us. Requests to change Orders do not need to be made in writing.
- If your Order is changed We will inform you of any change to the Price [when you contact Us, and will confirm the change] in writing.
- If you change your mind, you may cancel your Order at any time before We dispatch the Goods by contacting Us. Please refer to Clause 9 for details of your cancellation rights.
- We may cancel your Order at any time before We dispatch the Goods in the following circumstances:
- The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
- An event outside of Our control continues for more than 28 days (please see Clause 12 for events outside of Our control).
- If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods, the payment will be refunded to you within 14 days. If We cancel your Order, you will be informed by telephone or email and the cancellation will be confirmed in writing by email.
- Price and Payment
- The Price of the Goods will be that given by Our salespeople AND/OR shown in Our websites at the time of your Order.
- If We offer a Special Price, the Special Price will be valid for 7 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.
- Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
- We have made every reasonable effort to ensure that Our Prices, as shown in Our websites are correct. Prices will be checked when We process your Order. If the correct Price of the Goods is lower than that shown in Our websites, you will be charged the lower Price. If the correct Price of the Goods is higher than that shown in Our websites, We will inform you and ask you how you wish to proceed.
- All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment from you.
- Our Prices do not include the cost of delivery. We [normally] offer the following delivery options [, however please note that your choices may be limited for certain Goods owing to the nature or characteristics of those Goods]. The cost of your chosen delivery method will be added on to the final sum due (please refer to our websites for delivery pricing information):
- Standard Delivery;
- All payments for Goods must be made in advance before We can dispatch the Goods to you.
- We accept the following methods of payment:
- We do not charge any additional fees for any of the payment methods listed in sub-Clause 5.8.
- Credit and/or debit cards will be charged when we take the order from you.
- If you do not make any payment to Us by the date on which that payment is due, We may charge you interest on that sum at the rate of 8% per annum above the base lending rate of Balclays Bank from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
- The provisions of sub-Clause 6.11 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
- Please note that delivery is only possible within the areas shown on our websites.
- When We send you an Order Confirmation, We will provide, along with a confirmation of the Pre-Contract Information, an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods and your location. In any event, subject to any circumstances beyond Our control, and subject to any longer period to which you agree when placing your Order (for Goods that We stock only on demand, for example), Goods will be delivered to you no more than 30 Calendar Days after the date that the Contract is formed (see sub-Clause 3.3).
- If you indicate when placing your Order that you wish to collect the Goods from Us yourself you may do so after receiving Our Order Confirmation, during Our business hours of 9am – 5pm.
- Delivery will be deemed to have taken place when the Goods have been received [by you (or another person identified by you)] at your chosen delivery address [or, if you are collecting the Goods from Us yourself, when you have collected the Goods].
- [If for any reason We are unable to deliver the Goods at your chosen delivery address, We will leave a note informing you that the Goods have been returned to Us, requesting that you contact Us to arrange re-delivery.]
- If for any reason Our Chosen Carrier is unable to deliver the Goods at your chosen delivery address, the Chosen Carrier will leave a note informing you that the Goods have been returned to the Chosen Carrier's distribution centre, requesting that you contact them to arrange re-delivery.
- The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you.
- You own the Goods once We have received payment in full for them.
- [Please note that delivery to the following areas may require more time:
- Islands of main land shores;
- Scottish Highlands;
- Northern Ireland.
- Faulty, Damaged or Incorrect Goods
- By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
- Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
- Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. If you are a consumer in the European Union you have a statutory right to a 14 day cooling off period within which you can return Goods for this reason. Please refer to Clause 9 for more details.
- To return Goods to Us for any reason under this Clause 8, you may do so [in person during Our business hours of 9am – 5pm or you may return them]by post or another suitable delivery choice to Our Returns Address. You may alternatively request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. We are solely responsible for collecting the Goods in this case, however We may appoint a third party carrier to collect them in which case We will provide you with all relevant details. We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate.
- Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
- Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
- For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
- Your Right to Cancel If You Change Your Mind
- As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Goods come into your physical possession (i.e. you or another person identified by you taking delivery of the Goods under sub-Clause 7.4). You may cancel your Contract and return the Goods to Us for any reason under this right. In addition to your statutory right to cancel within 14 Calendar Days. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before We have dispatched the Goods, sub-Clauses 9.2, 9.3, 9.8.4 and 9.10 will apply.
- If you wish to exercise your right to cancel under this Clause 9, you must inform Us of your decision. You may do so in any way that is convenient to you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 9.1 expires. (Note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted.) We provide a cancellation form that you may use if you wish to inform Us in writing. The cancellation form and accompanying instructions are available our sales team on 01737 845540.
- We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however you are under no obligation to provide any details if you do not wish to.
- Please note that your statutory right to cancel may be lost in the following cases:
- If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
- If the Goods consist of sealed units or plastic wrapped (e.g. lamps or light fittings) or other sealed units have been unsealed after receiving them;
- If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
- You must return the Goods to Us no more than 14 Calendar Days after the day on which you have informed Us that you wish to cancel under this Clause 9.
- You may return Goods to Us in person during Our business hours of 9am – 5pm or you may return them by post or another suitable delivery service of your choice to Our Returns Address.
- You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. We are solely responsible for collecting the Goods under this Clause 9 (We may use Our Chosen Carrier for collections under this Clause 9]
- Refunds under this Clause 9 will be issued to you within 14 Calendar Days of the following:
- The day on which We receive the Goods back; or
- The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 8.8.1);
- [If We are collecting the Goods under sub-Clause 9.7, the day on which you inform Us that you wish you cancel the Contract.];
- If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
- Refunds under this Clause 9 may be subject to deductions in the following circumstances:
- Refunds may subject to deductions for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause 9, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).
- We will make no deductions for damage to delivery packaging (i.e. additional packaging into which We have placed the Goods in their original packaging such as bubble wrap and a brown box) but We may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging and resell the Goods in “new” condition).
- Standard Delivery charges (see sub-Clause 6.6) will be reimbursed in full along with the Price of the Goods, however We cannot reimburse any additional costs for Premium Delivery. If you chose a Premium Delivery option when you ordered the Goods, We will only reimburse the equivalent Standard Delivery costs as part of your refund.
- Refunds under this Clause 9 will be made using the same payment method you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
- The Goods are provided with a manufacturer’s guarantee. For further details and terms please refer to the manufacturer’s guarantee documentation supplied with the Goods.
- The guarantee does not apply to any defects in the Goods caused by:
- Normal wear and tear;
- Deliberate damage and/or misuse of the Goods;
- Accidental damage;
- Failure to use the Goods in accordance with their instructions (where applicable); or
- The alteration or repair of the Goods by you or any third party that is not authorised by Us.
- The manufacturer’s guarantee exists in addition to your legal rights as a consumer (that the Goods match Our description, that they are of satisfactory quality and that they are fit for purpose). More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
- Our Liability
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
- Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
- If the event outside of Our control continues for more than 28 Days. We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
- If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.
- Communication and Contact Details
- If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01737 845540 or by email at email@example.com.
- For orders, payments and delivery please contact Us by telephone at 01737 845540 or by email at firstname.lastname@example.org.
- In certain circumstances you may wish to contact Us about specific issues:
- To return non-compliant Goods please use the contact details provided in Clause 8;
- For cancellations under your right to a cooling off period please refer to Clause 9.
- How We Use Your Personal Information (Data Protection)
- All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- We may use your personal information to:
- Provide Our Goods and services to you;
- Process your Order (including payment) for the Goods; and
- Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
- In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- We will not pass on your personal information to any third parties without first obtaining your express permission.
- Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may transfer (assign) the benefit of the guarantee in Clause 10 to any person who buys the Goods from you after you have completed purchasing the Goods from Us.
- You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. This is subject to sub-Clause 16.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
- Governing Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law..
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.