Terms and Conditions of Lighting Locations Limited
By using our website, placing an order for goods you confirm your agreement to our terms and conditions, including our data protection policy as set out below:
1. An order for goods placed by you, the buyer, through our website shall be subject to these terms and conditions.
2. These terms and conditions shall apply to all contracts for the sale of goods by us to you, the buyer to the exclusion of all other terms and conditions including any terms and conditions which you, the buyer, may purport to apply under any purchase order, confirmation of order or similar document.
3. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
4. Nothing in these terms and conditions shall affect the statutory rights of any customer
5. Any variation to these terms and conditions (including and terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.
6. All orders for Goods shall be deemed to be an offer you, the buyer, to purchase goods pursuant to these terms and conditions.
7. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly. We will not be liable for any loss or damage suffered by you as a result of your failure to accurately complete the details you have provided.
8. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of your order by email or by telephone.
9. We are entitled to refuse any order placed by you at our absolute discretion and will not be required to provide an explanation.
10. The Goods may differ slightly from the images shown.
11. We reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use all reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the goods for a full refund within 7 working days from the date of delivery, should the substituted product not be acceptable to you.
Price and Payment
12. The price of goods will be the price quoted on the website at the date the order is received and will include VAT unless specified otherwise. A delivery charge of £7.00 exclusive of VAT will be added to orders delivered within the UK Mainland. There will be an additional surcharge for deliveries outside this area.
13. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of goods to reflect an increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture).
14. In the unlikely event of there being such an increase in the price of the goods you, the buyer, shall be entitled to cancel the order at any time before delivery.
15. When we provide any goods to you, the buyer, under those terms and conditions, payment will be charged to your credit card account or debited from your account provided by you on the website order form.
16. By placing an order, you, the buyer, consent to payment being charged to your credit card account or debited from your account as provided on the order form.
17. Title to the goods will pass to you, the buyer, on payment in full of the price of the goods.
18. We will issue you with an electronic receipt to your email address once the goods have been dispatched.
19. The goods will be delivered to you, the buyer, at the address provided by you on the order form.
20. The risk in the goods shall be passed to you upon such delivery taking place.
21. Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. If however we are unable to deliver your goods by the date quoted for delivery you, the buyer, shall be entitled to cancel the order at any time before delivery takes place.
22. You should note that we are only able to confirm delivery to locations within the UK Mainland. If you, the buyer, require delivery outside this area we will confirm whether we are able to do so following the receipt of your order. In the event that we are unable to deliver outside the UK Mainland we will refund the price paid by you for the goods ordered.
23. We shall not be liable to you, the buyer, for short delivery of the goods however caused but will provide you with the outstanding goods within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding goods.
24. A signature will be required by you, the buyer (or a third party with your authorisation), on delivery of goods. It is your responsibility to ensure that you, or the third party, are available to accept delivery by signature and we do not accept any liability for loss or damage suffered as a result of your failure to properly take delivery of the goods.
25. You, the buyer, will inspect the goods as soon after delivery as is reasonably practicable and will notify us of any shortages, defects in the goods or any other complaint in respect of them within 10 working days from the date the goods were delivered. SAVE IN RESPECT OF ANY SHORTAGES OR DEFECTS IF YOU, THE BUYER, FAIL TO COMPLY WITH THIS CLAUSE WE WILL NOT BE HELD LEGALLY LIABLE IN RESPECT OF ANY OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR ATTENTION WITHIN THIS PERIOD.
Cancellation of Agreement by Consumer Buyers
26. If you are a consumer buyer, you have the right to cancel the agreement with us at any time up to the end of 7 working days after you receive the goods. A working day is any day other than weekends and bank holidays.
27. To exercise your right of cancellation you must give written notice to us by hand or post or fax or by email, at the address, fax number or email address shown below giving details of the goods ordered and their place of delivery.
28. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost and risk. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. The goods must be returned to us in re-saleable condition.
29. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us as soon as possible at your own cost and risk.
30. Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. If you do not return the goods as required, we may charge you a sum not exceeding the direct cost of recovering the goods.
31. You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit card/debit card you are using is your own and that there are sufficient unused limit available to cover the cost of the goods.
Limitation of Liability
32. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform, any of our obligations in relation to this agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control.
32.1.1 Act of God, explosion, flood, tempest, fire or accident;
32.1.2 War or threat of war, sabotage, civil disturbance or requisition;
32.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary, or local authority;
32.1.4 Import or export regulations or embargoes;
32.1.5 Strikes, lock outs or other industrial actions or trade disputes;
32.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
32.1.7 Power failure or breakdown in machinery
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out our obligations 3 weeks from the date the notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.
33. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods. 34. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
Installation of Goods
35. It is the responsibility of you, the buyer, to ensure that the goods supplied by us are suitable for your needs and installed and fitted safely and properly and in accordance with statutory guidelines. We advise that the goods should be fitted and installed by a qualified electrician. We do no accept any liability for loss suffered or damage caused as a result of the goods not being fitted and installed properly by you or any third party.
36. The copyright in the material contained on the website and any trademarks and brands included in that material belongs to Lighting Locations Limited or its licensors.
37. You may not download, use, replicate or copy any copyright, trademark or brands displayed on the website without the prior written permission of Lighting Locations Limited. Copying or storing the contents of the website is expressly prohibited.
38. We will use the information you provide on the order form to process your order.
39. We will also use your information for general marketing purposes. We may disclose your information to third parties for such purpose and may keep your information for a reasonable period to contact you about our goods in the future. If you do not want us to use your information for these purposes you can opt out by ticking the box below. You can also correct any information about you or ask for information about you to be deleted by giving written notice to us at the address, fax number or email address shown below.
40. These terms and conditions contain the whole agreement between you, the buyer, and us in respect of the goods and supersedes any prior written or oral agreement by you, the buyer and us. You, the buyer, confirm that you have not entered into this agreement on the basis of any representation by any sales person acting on our behalf which is not expressly incorporated in this agreement. However, nothing in this agreement purports to exclude liability for any fraudulent statement or act.
41. If any term or provision in these terms and conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of the terms and conditions and the enforceability of the remainder of these terms and conditions shall not be affected.
42. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions in the website including these terms and conditions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
43. All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods.
44. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
45. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website
46. English law will apply to this agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.
47. The headings in this agreement are for convenience only and will not affect their interpretation.
Lighting Locations Limited
20 Guy Street
Telephone: 01274 304477
Fax: 01274 355686